81_FR_67503 81 FR 67313 - Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay Bridge

81 FR 67313 - Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay Bridge

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67313-67326
FR Document2016-23602

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 California Department of Transportation (CALTRANS) to incidentally harass, by Level B harassment only, seven species of marine mammals during activities associated with the East Span of the San Francisco- Oakland Bay Bridge (SFOBB) in the San Francisco Bay (SFB), California.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67313-67326]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23602]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE671


Taking of Marine Mammals Incidental to Specified Activities; 
Construction of the East Span of the San Francisco-Oakland Bay Bridge

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 
California Department of Transportation (CALTRANS) to incidentally 
harass, by Level B harassment only, seven species of marine mammals 
during activities associated with the East Span of the San Francisco-
Oakland Bay Bridge (SFOBB) in the San Francisco Bay (SFB), California.

DATES: This authorization is effective from September 19, 2016 through 
September 18, 2017.

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as ``. . . an impact resulting from the specified activity that cannot 
be reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the U.S. can apply for a one-year authorization to 
incidentally take small numbers of marine mammals by harassment, 
provided that there is no potential for serious injury or mortality to 
result from the activity. Section 101(a)(5)(D) establishes a 45-day 
time limit for NMFS review of an application followed by a 30-day 
public notice and comment period on any proposed authorizations for the 
incidental harassment of marine mammals. Within 45 days of the close of 
the comment period, NMFS must either issue or deny the authorization.

Summary of Request

    On March 11, 2016, CALTRANS submitted a request to NMFS for the 
potential harassment of a small number of marine mammals incidental to 
the dismantling of the East Span of the original SFOBB in SFB, 
California, between July 16, 2016, and July 15, 2017. On May 16, 2016, 
CALTRANS submitted a revision of its IHA application based on NMFS 
comments. NMFS determined that the IHA application was complete on May 
19, 2016.

Description of the Specified Activity

    CALTRANS proposes removal of the East Span of the original SFOBB by 
mechanical dismantling and by use of controlled charges to implode the 
pier into its open cellular chambers below mudline. Activities 
associated with dismantling the original East Span potentially may 
result in incidental take of marine mammals. These activities include 
vibratory pile driving, vibratory pile extraction/removal, impact pile 
driving, and the use of highly controlled charges to dismantle the Pier 
E4 and Pier E5 marine foundations.
    A one-year IHA was previously issued to CALTRANS for pile driving/
removal and mechanical dismantling activities on July 17, 2015 (80 FR 
43710; July 23, 2015), based on activities described on CALTRANS' IHA 
application dated April 13, 2013. This IHA is valid until July 16, 
2016. On September 9, 2015, NMFS issued another IHA to CALTRANS for 
demolition of Pier E3 of the original SFOBB by highly controlled 
explosives (80 FR 57584; September 24, 2015). This IHA expired on 
December 30, 2015. Since the construction activities related with the 
original SFOBB dismantling will last for another two years, CALTRANS is 
requesting an IHA that covers take of marine mammals from both pile 
driving/removal and confined explosion.
    Construction activities for the replacement of the SFOBB east span 
commenced in 2002 and are expected to be completed in 2016 with the 
completion of the bike/pedestrian path and eastbound on ramp from Yerba 
Buena Island. The new east span is now open to traffic. On November 10, 
2003, NMFS issued the first project-related IHA to CALTRANS, 
authorizing the take of small numbers of marine mammals incidental to 
the construction of the SFOBB Project. Over the years, CALTRANS has 
been issued a total of nine IHAs for the SFOBB Project to date, 
excluding the application currently under review.
    The demolition of Piers E4 and E5 through controlled implosion are 
planned to occur in October, November, or December 2016, and pile 
driving and pile removal activities may occur at any time of the year.
    The SFOBB project area is located in the central San Francisco Bay 
(SFB or Bay), between Yerba Buena Island (YBI) and the city of Oakland. 
The western limit of the project area is the east portal of the YBI 
tunnel, located in the city of San Francisco. The eastern limit of the 
project area is located approximately 1,312 ft (400 m) west of the Bay 
Bridge toll plaza, where the new and former spans connect with land at 
the Oakland Touchdown in the city of Oakland. Detailed description of 
CALTRANS East Span Removal Project is provided in the Federal Register 
notice for the proposed IHA (81 FR 48745; July 24, 2016). No changes 
have been made since the

[[Page 67314]]

publication of that notice. A summary of CALTRANS activities is 
provided below.

1. Vibratory and Impact Driving of Temporary Piles

    CALTRANS anticipates temporary access trestles, in-water falsework, 
and cofferdams may be required to dismantle the existing bridge. 
Temporary access trestles, supported by temporary marine piles, and 
cofferdams may be needed to provide construction access. CALTRANS 
estimates that a maximum of 200 temporary piles may be installed during 
the 1-year period of IHA coverage. Types of temporary piles to be 
installed may include sheet piles, 14-in (0.34-m) H-piles, and steel 
pipe piles, equal to or less than 36-in (0.91-m) in diameter. A maximum 
of 132 days of pile driving may be required to install and/or remove 
piles during the one-year period of IHA coverage.

2. Removal of Piers E4 and E5

    CALTRANS proposes the removal of Piers E4 and E5 of the original 
East Span by use of controlled charges to implode each pier into its 
open cellular chambers below the mudline. A Blast Attenuation System 
(BAS) will be used to minimize potential impacts on biological 
resources in the Bay. Both NMFS and CALTRANS believe that the results 
from the Pier E3 Demonstration Project support the use of controlled 
charges as a more expedient method of removal that will cause less 
environmental impact as compared to approved mechanical methods using a 
dry (fully dewatered) cofferdam.
    Piers E4 and E5 of the original East Span are located between the 
OTD area and YBI, and just south of the SFOBB new East Span. These 
piers are concrete cellular structures that occupy areas deep below the 
mudline, within the water column, and above the water line of the Bay.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA was published in the 
Federal Register on July 24, 2016 (81 FR 48745). During the 30-day 
public comment period, NMFS received a comment letter from the Marine 
Mammal Commission (Commission). Specific comments and responses are 
provided below.
    Comment 1: The Commission states that the method used to estimate 
the numbers of takes, which sums fractions of takes for each species 
across days, does not account for NMFS's 24-hour reset policy. The 
Commission states that instead of summing fractions of takes across 
days and then rounding to estimate total takes, NMFS should have 
calculated a daily take estimate (determined by multiplying the 
estimated density of marine mammals in the area by the daily ensonified 
area) and then rounding that to a whole number before multiplying it by 
the number of days that activities would occur. Thus, the Commission 
recommends that NMFS (1) follow its policy of a 24-hour reset for 
enumerating the number of each species that could be taken, (2) apply 
standard rounding rules before summing the numbers of estimated takes 
across days, and (3) for species that have the potential to be taken 
but model-estimated or calculated takes round to zero, use group size 
to inform the take estimates--these methods should be used consistently 
for all future incidental take authorizations.
    Response: While for certain projects NMFS has rounded to the whole 
number for daily takes, the circumstance for projects like this one 
when the objective of take estimation is to provide more accurate 
assessments for potential impacts to marine mammals for the entire 
project, the rounding in the middle of calculation will introduce large 
errors into the process. In addition, while NMFS uses a 24-hour reset 
for its take calculation to ensure that individual animals are not 
counted as a take more than once per day, that fact does not make the 
calculation of take across the entire activity period inherently 
incorrect. There is no need for daily (24-hour) rounding in this case 
because there is no daily limit of takes, so long as total authorized 
takes of marine mammal are not exceeded. In short, the calculation of 
predicted take is not an exact science and there are arguments for 
taking different mathematical approaches in different situations, and 
for making qualitative adjustments in other situations. NMFS is 
currently engaged in developing a protocol to guide more consistent 
take calculation given certain circumstances. We believe, however, that 
the prediction for this action remains appropriate.
    Comment 2: The Commission notes that in the proposed IHA NMFS would 
require protected species observers (PSOs) to implement 100 percent 
monitoring for Level A harassment zones of all pile driving, but only 
20 percent monitoring for Level B harassment zones for vibratory pile 
driving and removal. The Commission recommends that NMFS require 
CALTRANS to implement full-time monitoring of Level A and B harassment 
zones during all pile driving and pile removal activities.
    Response: NMFS agrees with the Commission's recommendation, and 
discussed it with CALTRANS. CALTRANS agrees that 100 percent monitoring 
is feasible and will conduct visual monitoring for all pile driving and 
pile removal activities. The IHA issued to CALTRANS includes such 
measures.

Description of Marine Mammals in the Area of the Specified Activity

    Seven species of marine mammals regularly inhabit or rarely or 
seasonally enter the San Francisco Bay (Table 1). The two most common 
species observed are the Pacific harbor seal (Phoca vitulina richardii) 
and the California sea lion (Zalophus californianus). Juvenile northern 
elephant seals (Mirounga angustirostris) seasonally enter the Bay 
(spring and fall), while harbor porpoises (Phocoena phocoena) may enter 
the western side of the Bay throughout the year, but rarely occur near 
the SFOBB east span. Gray whales (Eschrichtius robustus) may enter the 
Bay during their northward migration in the late winter and spring. In 
addition, though rare, northern fur seals (Callorhinus ursinus) and 
bottlenose dolphins (Tursiops truncatus) have also been sighted in the 
Bay. None of these species are listed as endangered or threatened under 
the Endangered Species Act (ESA), or as depleted or a strategic stock 
under the MMPA.

                                        Table 1--Marine Mammal Species Potentially Present in Region of Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Common name                Scientific name        Status          Occurrence            Seasonality              Range            Abundance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal......................  Phoca vitulina        .............  Common..............  Year round..........  California..........          30,968
                                    richardii.
California sea lion..............  Zalophus              .............  Common..............  Year round..........  California..........         296,750
                                    californianus.
Northern fur seal................  Callorhinus ursinus.  .............  Rare................  Year round..........  California..........          12,844
Northern elephant seal...........  Mirounga              .............  Occasional..........  Spring & fall.......  California..........         179,000
                                    angustirostris.
Gray whale.......................  Eschrichtius          (*)..........  Rare................  Spring & fall.......  Mexico to the U.S.            20,990
                                    robustus.                                                                        Arctic Ocean.

[[Page 67315]]

 
Harbor porpoise..................  Phocoena phocoena...  .............  Rare................  Year round..........  California..........           9,886
Coastal Bottlenose dolphin.......  Tursiops truncatus..  .............  Rare................  Year round..........  California..........             323
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The E. North Pacific population is not listed under the ESA.

    More detailed information on the marine mammal species found in the 
vicinity of the SFOBB construction site can be found in CALTRANS IHA 
application, and in NMFS stock assessment report (Caretta et al., 
2015), which is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/pacific_sars_2014_final_noaa_swfsc_tm_549.pdf. Refer to these documents 
for additional information on these species.

Potential Effects of the Specified Activity on Marine Mammals

    This section includes a summary and discussion of the ways that the 
types of stressors associated with the specified activity (e.g., pile 
removal and pile driving) have been observed to impact marine mammals. 
This discussion may also include reactions that we consider to rise to 
the level of a take and those that we do not consider to rise to the 
level of a take (for example, with acoustics, we may include a 
discussion of studies that showed animals not reacting at all to sound 
or exhibiting barely measurable avoidance). This section is intended as 
a background of potential effects and does not consider either the 
specific manner in which this activity will be carried out or the 
mitigation that will be implemented, and how either of those will shape 
the anticipated impacts from this specific activity. The ``Estimated 
Take by Incidental Harassment'' section later in this document will 
include a quantitative analysis of the number of individuals that are 
expected to be taken by this activity. The ``Analysis and 
Determinations'' section will include the analysis of how this specific 
activity will impact marine mammals and will consider the content of 
this section, the ``Estimated Take by Incidental Harassment'' section, 
the ``Mitigation'' section, and the ``Anticipated Effects on Marine 
Mammal Habitat'' section to draw conclusions regarding the likely 
impacts of this activity on the reproductive success or survivorship of 
individuals and from that on the affected marine mammal populations or 
stocks.
    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Based 
on available behavioral data, audiograms have been derived using 
auditory evoked potentials, anatomical modeling, and other data, NMFS 
(2016) designate ``marine mammal hearing groups'' for marine mammals 
and estimate the lower and upper frequencies of hearing of the groups. 
The marine mammal groups and the associated frequencies are indicated 
below (though animals are less sensitive to sounds at the outer edge of 
their functional range and most sensitive to sounds of frequencies 
within a smaller range somewhere in the middle of their hearing range):
     Low frequency cetaceans (13 species of mysticetes): 
Functional hearing is estimated to occur between approximately 7 hertz 
(Hz) and 35 kilohertz (kHz);
     Mid-frequency cetaceans (32 species of dolphins, seven 
species of larger toothed whales, and 19 species of beaked and 
bottlenose whales): Functional hearing is estimated to occur between 
approximately 150 Hz and 160 kHz;
     High frequency cetaceans (eight species of true porpoises, 
seven species of river dolphins, Kogia, the franciscana, and four 
species of cephalorhynchids): Functional hearing is estimated to occur 
between approximately 275 Hz and 160 kHz;
     Phocid pinnipeds in Water: Functional hearing is estimated 
to occur between approximately 50 Hz and 86 kHz; and
     Otariid pinnipeds in Water: Functional hearing is 
estimated to occur between approximately 60 Hz and 39 kHz.
    As mentioned previously in this document, seven marine mammal 
species (three cetacean and four pinniped species) are likely to occur 
in the vicinity of the SFOBB pile driving/removal and controlled pier 
detonation area. Of the two cetacean species, one belongs to low-
frequency cetacean (gray whale), one mid-frequency cetacean (bottlenose 
dolphin), and one high-frequency cetacean (harbor porpoise). two 
species of pinniped are phocid (Pacific harbor seal and northern 
elephant seal), and two species of pinniped is otariid (California sea 
lion and northern fur seal). A species' functional hearing group is a 
consideration when we analyze the effects of exposure to sound on 
marine mammals.

Potential Effects From In-Water Pile Driving and Pile Removal

    The CALTRANS SFOBB construction work using in-water pile driving 
and pile removal could adversely affect marine mammal species and 
stocks by exposing them to elevated noise levels in the vicinity of the 
activity area.
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran et 
al., 2005). Factors that influence the amount of threshold shift 
include the amplitude, duration, frequency content, temporal pattern, 
and energy distribution of noise exposure. The magnitude of hearing 
threshold shift normally decreases over time following cessation of the 
noise exposure. The amount of threshold shift just after exposure is 
the initial threshold shift. If the threshold shift eventually returns 
to zero (i.e., the threshold returns to the pre-exposure value), it is 
a temporary threshold shift (Southall et al., 2007).
    Threshold Shift (noise-induced loss of hearing)--When animals 
exhibit reduced hearing sensitivity (i.e., sounds must be louder for an 
animal to detect them) following exposure to an intense sound or sound 
for long duration, it is referred to as a noise-induced threshold shift 
(TS). An animal can experience temporary threshold shift (TTS) or 
permanent threshold shift (PTS). TTS can last from minutes or hours to 
days (i.e., there is complete recovery), can occur in specific 
frequency ranges (i.e., an animal might only have a temporary loss of 
hearing sensitivity between the frequencies of 1 and 10 kHz), and can 
be of varying amounts (for example, an animal's hearing sensitivity 
might be reduced initially by only 6 decibel (dB) or reduced by 30 dB). 
PTS is permanent, but some recovery is possible. PTS can also occur in 
a specific frequency range and amount as mentioned above for TTS.

[[Page 67316]]

    For marine mammals, published data are limited to the captive 
bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless 
porpoise (Finneran et al., 2000, 2002, 2003, 2005, 2007, 2010a, 2010b; 
Finneran and Schlundt, 2010; Lucke et al., 2009; Mooney et al., 2009a, 
2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a; Schlundt et 
al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in water, data 
are limited to measurements of TTS in harbor seals, an elephant seal, 
and California sea lions (Kastak et al., 1999, 2005; Kastelein et al., 
2012b).
    Lucke et al. (2009) found a threshold shift (TS) of a harbor 
porpoise after exposing it to airgun noise with a received sound 
pressure level (SPL) at 200.2 dB (peak-to-peak) re: 1 micropascal 
([mu]Pa), which corresponds to a sound exposure level of 164.5 dB re: 1 
[mu]Pa\2\ s after integrating exposure. NMFS currently uses the root-
mean-square (rms) of received SPL at 180 dB and 190 dB re: 1 [mu]Pa as 
the threshold above which permanent threshold shift (PTS) could occur 
for cetaceans and pinnipeds, respectively. Because the airgun noise is 
a broadband impulse, one cannot directly determine the equivalent of 
rms SPL from the reported peak-to-peak SPLs. However, applying a 
conservative conversion factor of 16 dB for broadband signals from 
seismic surveys (McCauley, et al., 2000) to correct for the difference 
between peak-to-peak levels reported in Lucke et al. (2009) and rms 
SPLs, the rms SPL for TTS would be approximately 184 dB re: 1 [mu]Pa, 
and the received levels associated with PTS (Level A harassment) would 
be higher. This is still above NMFS' current 180 dB rms re: 1 [mu]Pa 
threshold for injury. However, NMFS recognizes that TTS of harbor 
porpoises is lower than other cetacean species empirically tested 
(Finneran & Schlundt, 2010; Finneran et al., 2002; Kastelein and 
Jennings, 2012).
    Marine mammal hearing plays a critical role in communication with 
conspecifics, and interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS, and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to serious 
(similar to those discussed in auditory masking, below). For example, a 
marine mammal may be able to readily compensate for a brief, relatively 
small amount of TTS in a non-critical frequency range that occurs 
during a time where ambient noise is lower and there are not as many 
competing sounds present. Alternatively, a larger amount and longer 
duration of TTS sustained during time when communication is critical 
for successful mother/calf interactions could have more serious 
impacts. Also, depending on the degree and frequency range, the effects 
of PTS on an animal could range in severity, although it is considered 
generally more serious because it is a permanent condition. Of note, 
reduced hearing sensitivity as a simple function of aging has been 
observed in marine mammals, as well as humans and other taxa (Southall 
et al., 2007), so one can infer that strategies exist for coping with 
this condition to some degree, though likely not without cost.
    In addition, chronic exposure to excessive, though not high-
intensity, noise could cause masking at particular frequencies for 
marine mammals that utilize sound for vital biological functions (Clark 
et al., 2009). Acoustic masking is when other noises such as from human 
sources interfere with animal detection of acoustic signals such as 
communication calls, echolocation sounds, and environmental sounds 
important to marine mammals. Therefore, under certain circumstances, 
marine mammals whose acoustical sensors or environment are being 
severely masked could also be impaired from maximizing their 
performance fitness in survival and reproduction.
    Masking occurs at the frequency band that the animals utilize. 
Therefore, since noise generated from vessels dynamic positioning 
activity is mostly concentrated at low frequency ranges, it may have 
less effect on high frequency echolocation sounds by odontocetes 
(toothed whales). However, lower frequency man-made noises are more 
likely to affect detection of communication calls and other potentially 
important natural sounds such as surf and prey noise. It may also 
affect communication signals when they occur near the noise band and 
thus reduce the communication space of animals (e.g., Clark et al., 
2009) and cause increased stress levels (e.g., Foote et al., 2004; Holt 
et al., 2009).
    Unlike TS, masking, which can occur over large temporal and spatial 
scales, can potentially affect the species at population, community, or 
even ecosystem levels, as well as individual levels. Masking affects 
both senders and receivers of the signals and could have long-term 
chronic effects on marine mammal species and populations. Recent 
science suggests that low frequency ambient sound levels have increased 
by as much as 20 dB (more than three times in terms of sound pressure 
level) in the world's ocean from pre-industrial periods, and most of 
these increases are from distant shipping (Hildebrand 2009). For 
CALTRANS' SFOBB construction activities, noises from vibratory pile 
driving contribute to the elevated ambient noise levels in the project 
area, thus increasing potential for or severity of masking. Baseline 
ambient noise levels in the Bay are very high due to ongoing shipping, 
construction and other activities in the Bay.
    Finally, marine mammals' exposure to certain sounds could lead to 
behavioral disturbance (Richardson et al., 1995), such as: Changing 
durations of surfacing and dives, number of blows per surfacing, or 
moving direction and/or speed; reduced/increased vocal activities; 
changing/cessation of certain behavioral activities (such as 
socializing or feeding); visible startle response or aggressive 
behavior (such as tail/fluke slapping or jaw clapping); avoidance of 
areas where noise sources are located; and/or flight responses (e.g., 
pinnipeds flushing into water from haulouts or rookeries).
    The onset of behavioral disturbance from anthropogenic noise 
depends on both external factors (characteristics of noise sources and 
their paths) and the receiving animals (hearing, motivation, 
experience, demography) and is also difficult to predict (Southall et 
al., 2007). Currently NMFS uses a received level of 160 dB re 1 [mu]Pa 
(rms) to predict the onset of behavioral harassment from impulse noises 
(such as impact pile driving), and 120 dB re 1 [mu]Pa (rms) for 
continuous noises (such as vibratory pile driving). For the CALTRANS 
SFOBB construction activities, both of these noise levels are 
considered for effects analysis because CALTRANS plans to use both 
impact and vibratory pile driving, as well as vibratory pile removal.
    The biological significance of many of these behavioral 
disturbances is difficult to predict, especially if the detected 
disturbances appear minor. However, the consequences of behavioral 
modification could be biologically significant if the change affects 
growth, survival, and/or reproduction, which depends on the severity, 
duration, and context of the effects.

Potential Effects From Controlled Pier Implosion

    It is expected that an intense impulse from the Piers E4 and E5 
controlled implosion would have the potential to impact marine mammals 
in the vicinity. The majority of impacts would be startle behavior and 
temporary behavioral modification from marine mammals.

[[Page 67317]]

However, a few individual animals could be exposed to sound levels that 
would cause TTS.
    The underwater explosion would send a shock wave and blast noise 
through the water, release gaseous by-products, create an oscillating 
bubble, and cause a plume of water to shoot up from the water surface. 
The shock wave and blast noise are of most concern to marine animals. 
The effects of an underwater explosion on a marine mammal depends on 
many factors, including the size, type, and depth of both the animal 
and the explosive charge; the depth of the water column; and the 
standoff distance between the charge and the animal, as well as the 
sound propagation properties of the environment. Potential impacts can 
range from brief effects (such as behavioral disturbance), tactile 
perception, physical discomfort, slight injury of the internal organs 
and the auditory system, to death of the animal (Yelverton et al., 
1973; DoN, 2001). Non-lethal injury includes slight injury to internal 
organs and the auditory system; however, delayed lethality can be a 
result of individual or cumulative sublethal injuries (DoN, 2001). 
Immediate lethal injury would be a result of massive combined trauma to 
internal organs as a direct result of proximity to the point of 
detonation (DoN, 2001). Generally, the higher the level of impulse and 
pressure level exposure, the more severe the impact to an individual.
    Injuries resulting from a shock wave take place at boundaries 
between tissues of different density. Different velocities are imparted 
to tissues of different densities, and this can lead to their physical 
disruption. Blast effects are greatest at the gas-liquid interface 
(Landsberg 2000). Gas-containing organs, particularly the lungs and 
gastrointestinal tract, are especially susceptible (Goertner 1982; Hill 
1978; Yelverton et al., 1973). In addition, gas-containing organs 
including the nasal sacs, larynx, pharynx, trachea, and lungs may be 
damaged by compression/expansion caused by the oscillations of the 
blast gas bubble. Intestinal walls can bruise or rupture, with 
subsequent hemorrhage and escape of gut contents into the body cavity. 
Less severe gastrointestinal tract injuries include contusions, 
petechiae (small red or purple spots caused by bleeding in the skin), 
and slight hemorrhaging (Yelverton et al., 1973).
    Because the ears are the most sensitive to pressure, they are the 
organs most sensitive to injury (Ketten 2000). Sound-related damage 
associated with blast noise can be theoretically distinct from injury 
from the shock wave, particularly farther from the explosion. If an 
animal is able to hear a noise, at some level it can damage its hearing 
by causing decreased sensitivity (Ketten 1995). Sound-related trauma 
can be lethal or sublethal. Lethal impacts are those that result in 
immediate death or serious debilitation in or near an intense source 
and are not, technically, pure acoustic trauma (Ketten 1995). Sublethal 
impacts include hearing loss, which is caused by exposures to 
perceptible sounds. Severe damage (from the shock wave) to the ears 
includes tympanic membrane rupture, fracture of the ossicles, damage to 
the cochlea, hemorrhage, and cerebrospinal fluid leakage into the 
middle ear. Moderate injury implies partial hearing loss due to 
tympanic membrane rupture and blood in the middle ear. Permanent 
hearing loss also can occur when the hair cells are damaged by one very 
loud event, as well as by prolonged exposure to a loud noise or chronic 
exposure to noise. The level of impact from blasts depends on both an 
animal's location and, at outer zones, on its sensitivity to the 
residual noise (Ketten 1995).
    However, the above discussion concerning underwater explosion only 
pertains to open water detonation in a free field. CALTRANS' Pier E4 
and E5 demolition project using controlled implosion uses a confined 
detonation method, meaning that the charges would be placed within the 
structure. Therefore, most energy from the explosive shock wave would 
be absorbed through the destruction of the structure itself, and would 
not propagate through the open water. Measurements and modeling from 
confined underwater detonation for structure removal showed that energy 
from shock waves and noise impulses were greatly reduced in the water 
column (Hempen et al., 2007; CALTRANS 2016). Therefore, with monitoring 
and mitigation measures discussed above, CALTRANS Pier E4 and E5 
controlled implosions are not likely to cause injury or mortality to 
marine mammals in the project vicinity. Instead, NMFS believes that 
CALTRANS' Pier E4 and E5 controlled implosions in the San Francisco Bay 
are most like to cause Level B behavioral harassment and maybe TTS in a 
few individual of marine mammals, as discussed below.
    Changes in marine mammal behavior are expected to result from an 
acute stress response. This expectation is based on the idea that some 
sort of physiological trigger must exist to change any behavior that is 
already being performed. The exception to this rule is the case of 
auditory masking, which is not likely since the CALTRANS' controlled 
implosion is only two short, sequential detonations that last for 
approximately 3-4 seconds.

Potential Effects on Marine Mammal Habitat

    The removal of the SFOBB East Span is not likely to negatively 
affect the habitat of marine mammal populations because no permanent 
loss of habitat will occur, and only a minor, temporary modification of 
habitat will occur. The original SFOBB area is not used as a haul-out 
site by pinnipeds or as a major foraging area. Therefore, demolition of 
the concrete marine foundations and pile installation and removal 
activities are unlikely to permanently decrease fish populations in the 
area and are unlikely to affect marine mammal populations.
    Project activities will not affect any pinniped haul-out sites or 
pupping sites. The YBI harbor seal haul-out site is on the opposite 
site of the island from the SFOBB Project area. Because of the distance 
and the island blocking the sound, underwater noise and pressure levels 
from the SFOBB Project will not reach the haul-out. Other haul-out 
sites for sea lions and harbor seals are at a sufficient distance from 
the SFOBB Project area that they will not be affected. The closest 
recognized harbor seal pupping site is at Castro Rocks, approximately 
8.7 mi (14 km) from the SFOBB Project area. No sea lion rookeries are 
found in the Bay.
    The addition of underwater sound from SFOBB Project activities to 
background noise levels can constitute a potential cumulative impact on 
marine mammals. However, these potential cumulative noise impacts will 
be short in duration.
    SPLs from impact pile driving and pier implosion have the potential 
to injure or kill fish in the immediate area. During previous pier 
implosion and pile driving activities, CALTRANS has reported mortality 
to marine mammals' prey species, including northern anchovies and 
Pacific herring (CALTRANS 2016). These few isolated fish mortality 
events are not anticipated to have a substantial effect on prey species 
population or their availability as a food resource for marine mammals.
    Studies also suggest that larger fish are generally less 
susceptible to death or injury than small fish. Moreover, elongated 
forms that are round in cross section are less at risk than deep-bodied 
forms. Orientation of fish relative to the shock wave may also affect 
the extent of injury. Open water pelagic fish (e.g., mackerel) seem to 
be less affected than

[[Page 67318]]

reef fishes. The results of most studies are dependent upon specific 
biological, environmental, explosive, and data recording factors.
    The huge variation in fish populations, including numbers, species, 
sizes, and orientation and range from the detonation point, makes it 
very difficult to accurately predict mortalities at any specific site 
of detonation. Most fish species experience a large number of natural 
mortalities, especially during early life-stages, and any small level 
of mortality caused by the CALTRANS' two controlled implosions will 
likely be insignificant to the population as a whole.

Mitigation Measures

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods 
of taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses.

1. Mitigation Measures for In-Water Pile Driving and Pile Removal

    For the CALTRANS SFOBB construction activities, NMFS requires the 
following mitigation measures to minimize the potential impacts to 
marine mammals in the project vicinity. The primary purpose of these 
mitigation measures is to detect marine mammals within or about to 
enter designated exclusion zones corresponding to NMFS current injury 
thresholds and to initiate immediate shutdown or power down of the 
piling hammer, making it very unlikely potential injury or TTS to 
marine mammals would occur, and to reduce the intensity of Level B 
behavioral harassment.
Use of Noise Attenuation Devices
    To reduce impact on marine mammals, CALTRANS shall use a marine 
pile driving energy attenuator (i.e., air bubble curtain system), or 
other equally effective sound attenuation method (e.g., dewatered 
cofferdam) for all impact pile driving, with the exception of pile 
proofing and H-piles.
Establishment of Exclusion and Level B Harassment Zones
    Before the commencement of in-water construction activities, which 
include impact pile driving and vibratory pile driving, CALTRANS shall 
establish ``exclusion zones'' where received underwater SPLs are higher 
than 180 dB (rms) and 190 dB (rms) re 1 [micro]Pa for cetaceans and 
pinnipeds, respectively, and ``Level B behavioral harassment zones'' 
where received underwater sound pressure levels (SPLs) are higher than 
160 dB (rms) and 120 dB (rms) re 1 [micro]Pa for impulse noise sources 
(impact pile driving) and non-impulses noise sources (vibratory pile 
driving), respectively. Before the sizes of actual zones are determined 
based on hydroacoustic measurements, CALTRANS shall establish these 
zones based on prior measurements conducted during SFOBB constructions, 
as described in Table 2 of this document.

          Table 2--Temporary Exclusion and Level B Harassment Zones for Various Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                    Distance to     Distance to     Distance to     Distance to
   Pile driving/dismantling                         120 dB re 1     160 dB re 1     180 dB re 1     190 dB re 1
          activities              Pile size (m)      [micro]Pa       [micro]Pa       [micro]Pa       [micro]Pa
                                                     (rms) (m)       (rms) (m)       (rms) (m)       (rms) (m)
----------------------------------------------------------------------------------------------------------------
Vibratory Driving.............  24..............           2,000              NA              NA              NA
                                36..............           2,000              NA              NA              NA
                                Sheet pile......           2,000              NA              NA              NA
Attenuated Impact Driving.....  24..............              NA           1,000             235              95
                                36..............              NA           1,000             235              95
Unattenuated Proofing.........  24..............              NA           1,000             235              95
                                36..............              NA           1,000             235              95
Unattenuated Impact Driving...  H-pile..........              NA           1,000             235              95
----------------------------------------------------------------------------------------------------------------

    Once the underwater acoustic measurements are conducted during 
initial test pile driving, CALTRANS shall adjust the size of the 
exclusion zones and Level B behavioral harassment zones, and monitor 
these zones accordingly.
    NMFS-approved protected species observers (PSO) shall conduct 
initial survey of the exclusion zones to ensure that no marine mammals 
are seen within the zones before impact pile driving of a pile segment 
begins. If marine mammals are found within the exclusion zone, impact 
pile driving of the segment would be delayed until they move out of the 
area. If a marine mammal is seen above water and then dives below, the 
contractor would wait 15 minutes for pinnipeds and small cetaceans 
(harbor porpoises and bottlenose dolphins), and 30 minutes for gray 
whales. If no marine mammals are seen by the observer in that time it 
can be assumed that the animal has moved beyond the exclusion zone.
    If pile driving of a segment ceases for 30 minutes or more and a 
marine mammal is sighted within the designated exclusion zone prior to 
commencement of pile driving, the observer(s) must notify the Resident 
Engineer (or other authorized individual) immediately and continue to 
monitor the exclusion zone. Operations may not resume until the marine 
mammal has exited the exclusion zone.
Soft Start
    In order to provide additional protection to marine mammals near 
the project area by allowing marine mammals to vacate the area prior to 
receiving a higher noise exposure, CALTRANS and its contractor will 
also ``soft start'' the hammer prior to operating at full capacity. 
This should expose fewer animals to loud sounds both underwater and 
above water. This would also ensure that, although not expected, any 
pinnipeds and cetaceans that are missed during the initial exclusion 
zone monitoring will not be injured.
Shut-Down Measure
    CALTRANS shall implement shutdown measures if a marine mammal is 
sighted approaching the Level A exclusion zone, or within 10 m of the 
pile driving and pile removal equipment, whichever is smaller. In-water 
construction activities shall be suspended until the marine mammal is 
sighted moving away from the exclusion zone, or if a pinniped, harbor 
porpoise, or bottlenose dolphin is not sighted for 15 minutes after the 
shutdown, or if a

[[Page 67319]]

gray whale is not sighted for 30 minutes after the shutdown.
    CALTRANS shall implement shutdown if a species for which 
authorization has not been granted (including but not limited to 
Guadalupe fur seals) or if a species for which authorization has been 
granted but the authorized takes are met, approaches or is observed 
within the Level B harassment zone.

2. Mitigation Measures for Confined Implosion

    For CALTRANS' Piers E4 and E5 controlled implosion, NMFS requires 
the following mitigation measures to minimize the potential impacts to 
marine mammals in the project vicinity. The primary purposes of these 
mitigation measures are to minimize sound levels from the activities, 
to monitor marine mammals within designated exclusion zones and zones 
of influence (ZOI). Specific mitigation measures are described below.
Time Restriction
    Implosion of Piers E4 and E5 would only be conducted during 
daylight hours and with enough time for pre and post implosion 
monitoring, and with good visibility when the largest exclusion zone 
can be visually monitored.
Installation of Blast Attenuation System
    Prior to the Piers E4 and E5 demolition, CALTRANS shall install a 
Blast Attenuation System (BAS) as described above to reduce the 
shockwave from the implosion.
Establishment of Level A Exclusion Zone
    Due to the different hearing sensitivities among different taxa of 
marine mammals, NMFS has established a series of take thresholds from 
underwater explosions for marine mammals belonging to different 
functional hearing groups (Table 3). Under these criteria, marine 
mammals from different taxa will have different impact zones (exclusion 
zones and zones of influence).
    CALTRANS will establish an exclusion zone for both the mortality 
and Level A harassment zone (permanent hearing threshold shift or PTS, 
GI track injury, and slight lung injury) using the largest radius 
estimated harbor and northern elephant seals. CALTRANS will use 
measured distances to marine mammal threshold distances from the 
implosion of Pier E3 as predicted distances to the thresholds for the 
implosions of Piers E4 and E5 (Table 4). The use of measured peak 
pressure, cumulative sound exposure level (SEL), and impulse levels 
from the Pier E3 implosion provide a conservative estimate for the 
implosions of Piers E4 and E5. The Piers E4 and E5 caisson structures 
are smaller than the Pier E3 caisson structure and will require fewer 
explosive charges to implode. The maximum charge weight for the 
implosions of Piers E4 and E5 is 35 pounds/delay, the same as used for 
the implosion of Pier E3. However, the total explosive weight, number 
of individual detonations, and total time of implosion event will be 
less for these smaller piers.

                                       Table 3--NMFS Take Thresholds for Marine Mammals From Underwater Implosions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Level B harassment               Level A               Serious injury
                                                ------------------------------------    harassment    ----------------------------------
            Group                   Species                                         ------------------     Gastro-                          Mortality
                                                    Behavioral            TTS                             intestinal          Lung
                                                                                            PTS             tract
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-freq cetacean............  Bottlenose        167 dB SEL......  172 dB SEL or     187 dB SEL or     237 dB SPL or    39.1M \1/3\      91.4M \1/3\
                                dolphin.                            224 dB SPLpk.     230 dB SPLpk.     104 psi.         (1+[D/10.081])   (1+[D/10.081])
                                                                                                                         \1/2\ Pa-sec.    \1/2\ Pa-sec
                                                                                                                        where: M = mass  where: M = mass
                                                                                                                         of the animals   of the animals
                                                                                                                         in kg.           in kg
                                                                                                                        D = depth of     D = depth of
                                                                                                                         animal in m.     animal in m.
High-freq cetacean...........  Harbor porpoise.  141 dB SEL......  146 dB SEL or     161 dB SEL or
                                                                    195 dB SPLpk.     201 dB SPLpk.
Phocidae.....................  Harbor seal &     172 dB SEL......  177 dB SEL or     192 dB SEL or
                                northern                            212 dB SPLpk.     218 dB SPLpk.
                                elephant seal.
Otariidae....................  California sea    195 dB SEL......  200 dB SEL or     215 dB SEL or
                                lion & northern                     212 dBpk.         218 dB SPLpk.
                                fur seal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: All dB values are referenced to 1 [micro]Pa. SPLpk = Peak sound pressure level; psi = pounds per square inch.


      Table 4--Measured Distances to Underwater Blasting Threshold Criteria for Levels A and B Harassment and Mortality From the Pier E3 Implosion
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Level B criteria                                  Level A criteria
                                 ----------------------------------------------------------------------------------------------------
             Species                  Behavioral       TTS dual criteria   PTS dual criteria   Gastro-intestinal                           Mortality
                                       response                *                   *                 track            Lung injury
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Seal.....................  2,460 ft (750 m)..  1,658 ft (505 m)..  507 ft (155 m)....  <100 ft (30 m)....  <100 ft (30 m)....  <100 ft (30 m).
                                                      104 ft (32 m).....  65 ft (20 m)......
California Sea Lion.............  387 ft (118 m)....  261 ft (80 m).....  80 ft (24 m)......  <100 ft (30 m)....  <100 ft (30 m)....  <100 ft (30 m).
                                                      104 ft (32 m).....  65 ft (20 m)......
Northern Elephant Seal..........  2,460 ft (750 m)..  1,658 ft (505 m)..  507 ft (155 m)....  <100 ft (30 m)....  <100 ft (30 m)....  <100 ft (30 m).
                                                      104 ft (32 m).....  65 ft (20 m)......
Northern fur seal...............  387 ft (118 m)....  261 ft (80 m).....  80 ft (24 m)......  <100 ft (30 m)....  <100 ft (30 m)....  <100 ft (30 m).
                                                      104 ft (32 m).....  65 ft (20 m)......

[[Page 67320]]

 
Harbor Porpoise.................  8,171 ft (2,491 m)  5,580 ft (1,701 m)  1,777 ft (542 m)..  <100 ft (30 m)....  <100 ft (30 m)....  <100 ft (30 m).
                                                      400 ft (122 m)....  249 ft (76 m).....
Bottlenose Dolphin..............  1,255 ft (383 m)..  855 ft (261 m)....  271 ft (83 m).....  <100 ft (30 m)....  <100 ft (30 m)....  <100 ft (30 m).
                                                      202 ft (62 m).....  112 ft (34 m).....
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * For the TTS and PTS criteria thresholds with dual criteria, the largest criteria distances (i.e., more conservative) are shown in bold.

Establishment of Level B Temporary Hearing Threshold Shift (TTS) Zone 
of Influence
    As shown in Table 3, for harbor and northern elephant seals, this 
will cover the area out to 212 dB peak SPL or 177 dB SEL, whichever 
extends out the furthest. Hydroacoustic modeling indicates this 
isopleth would extend out to 1,658 ft (505 m) from the pier. For harbor 
porpoises, this will cover the area out to 195 dB peak SPL or 146 dB 
SEL, whichever extends out the furthest, to 5,580 ft (1,701 m) from the 
pier. As discussed previously, the presence of harbor porpoises in this 
area is unlikely but monitoring will be employed to confirm their 
absence. For California sea lions, the distance to the Level B TTS zone 
of influence will cover the area out to 212 dB peak SPL or 200 dB SEL. 
This distance was calculated at 261 ft (80 m) from Pier E3, well within 
the exclusion zone previously described. Hearing group specific Level B 
TTS zone of influence ranges are provided in Table 4.
Establishment of Level B Behavioral Zone of Influence
    As shown in Table 3, for harbor seals and northern elephant seals, 
this will cover the area out to 172 dB SEL. Hydroacoustic measurement 
indicates this isopleth would extend out to 2,460 ft (750 m) from the 
pier. For harbor porpoises, this will cover the area out to 141 dB SEL. 
Hydroacoustic measurement indicates this isopleth would extend out to 
8,171 ft (2,941 m) from the pier. As discussed previously, the presence 
of harbor porpoises in this area is unlikely but monitoring will be 
employed to confirm their absence. For California sea lions, the 
distance to the Level B behavioral harassment ZOI will cover the area 
out to 195 dB SEL. This distance was calculated at 387 ft (118 m) from 
the pier, well within the exclusion zone previously described. Hearing 
group specific Level B TTS zone of influence ranges are provided in 
Table 4.
Communication
    All PSOs will be equipped with mobile phones and a VHF radio as a 
backup. One person will be designated as the Lead PSO and will be in 
constant contact with the Resident Engineer on site and the blasting 
crew. The Lead PSO will coordinate marine mammal sightings with the 
other PSOs. PSOs will contact the other PSOs when a sighting is made 
within the exclusion zone or near the exclusion zone so that the PSOs 
within overlapping areas of responsibility can continue to track the 
animal and the Lead PSO is aware of the animal. If it is within 30 
minutes of blasting and an animal has entered the exclusion zone or is 
near it, the Lead PSO will notify the Resident Engineer and blasting 
crew. The Lead PSO will keep them informed of the disposition of the 
animal.
Mitigation Conclusions
    NMFS has carefully evaluated the mitigation measures and considered 
a range of other measures in the context of ensuring that NMFS 
prescribes the means of effecting the least practicable impact on the 
affected marine mammal species and stocks and their habitat. Our 
evaluation of potential measures included consideration of the 
following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals.
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned.
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed below:
    (1) Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    (2) A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of pile driving and pile removal or other activities expected to 
result in the take of marine mammals (this goal may contribute to 1, 
above, or to reducing harassment takes only).
    (3) A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to received levels of pile driving and pile removal, or other 
activities expected to result in the take of marine mammals (this goal 
may contribute to 1, above, or to reducing harassment takes only).
    (4) A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to received 
levels of pile driving, or other activities expected to result in the 
take of marine mammals (this goal may contribute to (1) above, or to 
reducing the severity of harassment takes only).
    (5) Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    (6) For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of the applicant's proposed mitigation 
measures, as well as other measures considered by NMFS, NMFS has 
determined that the mitigation measures provide the means of effecting 
the least practicable adverse impact on marine mammal species or stocks 
and their habitat, paying particular attention to rookeries, mating 
grounds, and areas of similar significance.

[[Page 67321]]

Monitoring and Reporting

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

Monitoring Measures

1. Monitoring for Pile Driving and Pile Removal

(1) Visual Monitoring
    NMFS made changes to the visual monitoring protocol during 
CALTRANS' pile driving and pile removal activities based, on a comment 
from the Marine Mammal Commission. Specifically, the revised visual 
monitoring protocol requires that PSOs conduct 100 percent visual 
monitoring of marine mammals during all pile driving and pile removal 
activities. In the proposed IHA, only 20 percent visual monitoring 
would have been required for Level B harassment zones during vibratory 
pile driving and pile removal activities. A complete description of the 
monitoring measure is provided below.
    Besides using monitoring for implementing mitigation (ensuring 
exclusion zones are clear of marine mammals before pile driving begins 
and after shutdown measures), marine mammal monitoring will also be 
conducted to assess potential impacts from CALTRANS construction 
activities. CALTRANS will implement onsite marine mammal monitoring for 
all unattenuated impact pile driving of H-piles for 180- and 190-dB re 
1 [micro]Pa exclusion zones and 160-dB re 1 [micro]Pa Level B 
harassment zone and attenuated impact pile driving (except pile 
proofing) for 180- and 190-dB re 1 [micro]Pa exclusion zones. CALTRANS 
will also monitor all attenuated impact pile driving for the 160-dB re 
1 [micro]Pa Level B harassment zone, and all vibratory pile driving for 
the 120-dB re 1 [micro]Pa Level B harassment zone.
(2) Protected Species Observers
    Monitoring of the pinniped and cetacean exclusion zones shall be 
conducted by a minimum of three qualified NMFS-approved PSOs. 
Observations will be made using high-quality binoculars (e.g., Zeiss, 
10 x 42 power). PSOs will be equipped with radios or cell phones for 
maintaining contact with other observers and CALTRANS engineers, and 
range finders to determine distance to marine mammals, boats, buoys, 
and construction equipment.
(3) Data Collection
    Data on all observations will be recorded and will include the 
following information:
     Location of sighting;
     Species;
     Number of individuals;
     Number of calves present;
     Duration of sighting;
     Behavior of marine animals sighted;
     Direction of travel; and
     When in relation to construction activities did the 
sighting occur (e.g., before, ``soft-start'', during, or after the pile 
driving or removal).

2. Monitoring for Confined Implosion of Piers E4 and E5

    Monitoring for implosion impacts to marine mammals will be based on 
the SFOBB pile driving monitoring protocol. Pile driving has been 
conducted for the SFOBB construction project since 2000 with 
development of several NMFS-approved marine mammal monitoring plans 
(CALTRANS 2004; 2013). Most elements of these marine mammal monitoring 
plans are similar to what would be required for underwater implosions. 
These monitoring plans would include monitoring an exclusion zone and 
ZOIs for TTS and behavioral harassment described above.
(1) Protected Species Observers
    A minimum of 8-10 PSOs would be required during the Piers E4 and E5 
controlled implosion so that the exclusion zone, Level B Harassment TTS 
and Behavioral ZOIs, and surrounding area can be monitored. One PSO 
would be designated as the Lead PSO and would receive updates from 
other PSOs on the presence or absence of marine mammals within the 
exclusion zone and would notify the Environmental Compliance Manager of 
a cleared exclusion zone prior to the implosion.
(2) Monitoring Protocol
    Implosions of Piers E4 and E5 will be conducted only during 
daylight hours and with enough time for pre and post-implosion 
monitoring, and with good weather (i.e., clear skies and no high 
winds). This work will be conducted so that PSOs will be able to detect 
marine mammals within the exclusion zones and beyond. The Lead PSO will 
be in contact with other PSOs. If any marine mammals enter an exclusion 
zone within 30 minutes of blasting, the Lead PSO will notify the 
Environmental Compliance Manager that the implosion may need to be 
delayed. The Lead PSO will keep the Environmental Compliance Manager 
informed about the disposition of the animal. If the animal remains in 
the exclusion zone, blasting will be delayed until it has left the 
exclusion zone. If the animal dives and is not seen again, blasting 
will be delayed at least 15 minutes. After the implosion has occurred, 
the PSOs will continue to monitor the area for at least 60 minutes.

[[Page 67322]]

(3) Data Collection
    Each PSO will record the observation position, start and end times 
of observations, and weather conditions (i.e., sunny/cloudy, wind 
speed, fog, visibility). For each marine mammal sighting, the following 
will be recorded, if possible:
     Species.
     Number of animals (with or without pup/calf).
     Age class (pup/calf, juvenile, adult).
     Identifying marks or color (e.g., scars, red pelage, 
damaged dorsal fin).
     Position relative to Piers E4 or E5 (distance and 
direction).
     Movement (direction and relative speed).
     Behavior (e.g., logging [resting at the surface], 
swimming, spy-hopping [raising above the water surface to view the 
area], foraging).
(4) Post-Implosion Survey
    Although any injury or mortality from the implosions of Piers E4 
and E5 is very unlikely, boat or shore surveys will be conducted for 
three days following the event, to determine whether any injured or 
stranded marine mammals are in the area. If an injured or dead animal 
is discovered during these surveys or by other means, the NMFS-
designated stranding team will be contacted to pick up the animal. 
Veterinarians will treat the animal or will conduct a necropsy to 
attempt to determine whether it stranded because of the Piers E4 and E5 
implosions.
Reporting Measures
    CALTRANS would be required to submit a draft monitoring report 
within 90 days after completion of the construction work or the 
expiration of the IHA, whichever comes earlier. This draft report would 
detail the monitoring protocol, summarize the data recorded during 
monitoring, and estimate the number of marine mammals that may have 
been harassed. NMFS would have an opportunity to provide comments on 
the draft report within 30 days, and if NMFS has comments, CALTRANS 
would address the comments and submit a final report to NMFS within 30 
days. If no comments are provided by NMFS after 30 days receiving the 
report, the draft report is considered to be final.
Marine Mammal Stranding Plan
    A stranding plan for the Pier E3 implosion was prepared in 
cooperation with the local NMFS-designated marine mammal stranding, 
rescue, and rehabilitation center. An updated version of this plan will 
be implemented during implosions of Piers E4 and E5. Although avoidance 
and minimization measures likely will prevent any injuries, 
preparations will be made in the unlikely event that marine mammals are 
injured. Elements of the plan will include the following:
    1. The stranding crew will prepare treatment areas at an NMFS-
designated facility for cetaceans or pinnipeds that may be injured from 
the implosions. Preparation will include equipment to treat lung 
injuries, auditory testing equipment, dry and wet caged areas to hold 
animals, and operating rooms if surgical procedures are necessary.
    2. A stranding crew and a veterinarian will be on call near the 
Piers E4 and E5 area at the time of the implosions, to quickly recover 
any injured marine mammals, provide emergency veterinary care, 
stabilize the animal's condition, and transport individuals to an NMFS-
designated facility. If an injured or dead animal is found, NMFS (both 
the regional office and headquarters) will be notified immediately, 
even if the animal appears to be sick or injured from causes other than 
the implosions.
    3. Post-implosion surveys will be conducted immediately after the 
event and over the following three days to determine whether any 
injured or dead marine mammals are in the area.
    4. Any veterinarian procedures, euthanasia, rehabilitation 
decisions, and time of release or disposition of the animal will be at 
the discretion of the NMFS-designated facility staff and the 
veterinarians treating the animals. Any necropsies to determine whether 
the injuries or death of an animal was the result of an implosion or 
other anthropogenic or natural causes will be conducted at an NMFS-
designated facility by the stranding crew and veterinarians. The 
results will be communicated to both the CALTRANS and to NMFS as soon 
as possible, followed by a written report within a month.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment) or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).
    The distance to marine mammal threshold criteria for pile driving 
and blasting activities, and corresponding ZOI have been determined 
based on underwater sound and pressure measurements collected during 
pervious activities in the SFOBB Project area. The numbers of marine 
mammals by species that may be taken by each type of take were 
calculated based on distance to the specific marine mammal harassment 
thresholds, number of days of the activity, and the estimated density 
of each species in the ZOI.

Estimates of Species Densities of Marine Mammals

    No systematic line transect surveys of marine mammals have been 
performed in the San Francisco Bay. Therefore, the in-water densities 
of harbor seals, California sea lions, and harbor porpoises were 
calculated based on 15 years of observations during monitoring for the 
SFOBB construction and demolition. The amount of monitoring performed 
per year varied depending on the frequency and duration of construction 
activities with the potential to affect marine mammals. During the 237 
days of monitoring from 2000 through 2015 (including 15 days of 
baseline monitoring in 2003), 822 harbor seals, 77 California sea 
lions, and nine harbor porpoises were observed within the waters of the 
SFOBB east span. Density estimates for other species were made from 
stranding data, provided by the Marine Mammal Center (MMC).
1. Pacific Harbor Seal Density Estimates
    Harbor seal density was calculated from all observations of animals 
in water during SFOBB Project monitoring from 2000 to 2015, divided by 
the size of the project area. These observations included data from 
baseline, pre-, during and post-pile driving, mechanical dismantling, 
onshore blasting, and offshore implosion activities. During this time, 
the population of harbor seals in the Bay remained stable (Manugian 
2013). Therefore, substantial differences in numbers or behaviors of 
seals hauling out, foraging, or in their movements are not anticipated. 
All harbor seal observations within a 1 km\2\ area were used in the 
estimate. Distances were recorded using a laser range finder (Bushnell 
Yardage Pro Elite 1500;  1.0 yard accuracy). Care was taken 
to eliminate multiple observations of the same animal, although this 
was difficult when more than three seals were foraging in the same 
area.
    Density of harbor seals was highest near YBI and Treasure Island, 
probably because of the haul-out site and nearby foraging areas in 
Coast Guard and

[[Page 67323]]

Clipper coves. Therefore, density estimates were calculated for a 
higher density area within 4,921 ft (1,500 m) west of Piers E4 and E5, 
which included the two foraging coves. A lower density estimate was 
calculated from the areas east of Piers E4 and E5, and beyond 4,921 ft 
(1,500 m) north and south of the bridge. Harbor seal densities in these 
two areas in spring-summer and fall-winter seasons are provided in 
Table 5.
2. California Sea Lion Density Estimates
    Within the SFOBB Project area, California sea lion density was 
calculated from all observations of animals in water during SFOBB 
Project monitoring from 2000 to 2015, divided by the size of the 
project area. These observations included data from baseline, pre, 
during, and post-pile driving, mechanical dismantling, onshore 
blasting, and offshore implosion activities. All sea lion observations 
within a 1 km\2\ area were used in the estimate. Distances were 
recorded using a laser range finder (Bushnell Yardage Pro Elite 1500; 
 1.0 yard accuracy). Care was taken to eliminate multiple 
observations of the same animal, although most sea lion observations 
involve a single animal.
    California sea lion densities in late spring-early summer and late 
summer-fall seasons are provided in Table 5.
3. Northern Elephant Seal Density Estimates
    Northern elephant seal density in the project area was calculated 
from the stranding records of the MMC, from 2004 to 2014. These data 
included both injured or sick seals and healthy seals. Approximately 
100 elephant seals were reported in the Bay during this time; most of 
these hauled out and likely were sick or starving. The actual number of 
individuals in the Bay may have been higher because not all individuals 
would necessarily have hauled out. Some individuals may have simply 
left the Bay soon after entering. Data from the MMC show several 
elephant seals stranding on Treasure Island, and one healthy elephant 
seal was observed resting on the beach in Clipper Cove in 2012. 
Elephant seal pups or juveniles also may have stranded after weaning in 
the spring and when they returned to California in the fall (September 
through November). Density of northern elephant seal is estimated as 
the number of stranded seals over the SFOBB project area, which is 0.03 
animal/km\2\ (Table 5).
4. Harbor Porpoise Density Estimates
    Harbor porpoise density was calculated from all observations during 
SFOBB Project monitoring, from 2000 to 2015. These observations 
included data from baseline, pre, during and post-pile driving, and 
onshore implosion activities. Over this period, the number of harbor 
porpoises that were observed entering and using the Bay increased. 
During the 15 years of monitoring in the SFOBB Project area, only nine 
harbor porpoises were observed, and all occurred between 2006 and 2015 
(including two in 2014 and five in 2015). Density of harbor porpoise is 
estimated to be 0.021 animal/km\2\ (Table 5).
5. Gray Whale Density Estimate
    Gray whale density was estimated for the entire Bay as no 
observations have occurred of gray whales in the SFOBB Project area. 
Each year, two to six gray whales enter the Bay, presumably to feed, in 
the late winter through spring (February through April), per the MMC. 
Gray whales rarely occur in the Bay from October through December. The 
gray whale density was estimated based on a maximum of 6 whales 
occurring within the main area of San Francisco Bay, which yielded a 
density of 0.00004/km\2\ (Thorson, pers. comm., 2014).

                 Table 5--Estimated In-Water Density of Marine Mammals in the SFOBB Project Area
----------------------------------------------------------------------------------------------------------------
                                                                                                   Density east
                                                                                   Density west     of piers E4
                                                                                    of piers E4    and E5 and/or
                    Species                         Main season of occurrence      and E5 within  beyond 1,500 m
                                                                                    1,500 m of       of SFOBB
                                                                                  SFOBB (animals/    (animals/
                                                                                      km\2\)          km\2\)
----------------------------------------------------------------------------------------------------------------
Harbor Seal...................................  Spring-Summer...................            0.32            0.17
Harbor Seal...................................  Fall-Winter.....................            0.83            0.17
California Sea Lion...........................  Late Summer-Fall (post breeding             0.09            0.09
                                                 season).
California Sea Lion...........................  Late Spring-Early Summer                    0.04            0.04
                                                 (breeding season).
Northern Elephant Seal........................  Late Spring-Early Winter........            0.03            0.03
Harbor Porpoise...............................  All Year........................           0.021           0.021
Gray Whale....................................  Late Winter and Spring..........         0.00004         0.00004
----------------------------------------------------------------------------------------------------------------
Note: Densities for Pacific harbor seals, California sea lions and harbor porpoises are based on monitoring for
  the east span of the SFOBB from 2000 to 2013. Gray whale and elephant seal densities are estimated from
  sighting and stranding data from the MMC.

Estimated Takes by Pile Driving and Pile Removal

    The numbers of marine mammals by species that may be taken by pile 
driving were calculated by multiplying the ensonified area above a 
specific species exposure threshold by the days of the activity and by 
the estimated density of each species in the ensonified area. As 
discussed above, threshold distances were determined based on 
previously measured distances to thresholds during the driving of 42-
inch-diameter (1.07 meters) pipe piles. The same threshold distances 
have been applied to all types and sizes of piles proposed for 
installation and removal (i.e., H-piles, and pipe piles equal to or 
less than 36 inches (0.91 meter)). The take estimate is based on 132 
days of pile driving to install 200 piles.
    For rare species of which the density estimates are unknown, such 
as northern fur seal and bottlenose dolphin, NMFS worked with CALTRANS 
and allotted 20 northern fur seals and 10 bottlenose dolphin for 
incidental take by Level B behavioral harassment to cover the chance 
encounter in case these animals happen to occur in the project area.
    A summary of estimated takes by in-water pile driving and pile 
removal is provided in Table 6.

[[Page 67324]]



  Table 6--Estimated Take of Marine Mammals From Pile Driving and Pile
                           Removal Activities
------------------------------------------------------------------------
                                              Level B
                                            harassment        Level A
                 Species                    (behavioral     harassment
                                             response)
------------------------------------------------------------------------
Pacific Harbor Seal.....................             862               0
California Sea Lion.....................             108               0
Northern Elephant Seal..................              13               0
Harbor Porpoise.........................              13               0
Gray Whale..............................               1               0
Northern fur seal.......................              20               0
Bottlenose dolphin......................              10               0
------------------------------------------------------------------------

    The number of marine mammals by species that may be taken by 
implosion of Piers E4 and E5 were calculated based on distances to the 
marine mammal threshold for explosions (Table 4) and the estimated 
density of each species in the ensonified areas (Table 5). A summary of 
estimated and requested takes by controlled implosion is provided in 
Table 8.

                    Table 7--Estimated Exposures of Marine Mammals to the Pier E4 and E5 Implosions for Levels A and B, and Mortality
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Level B exposures                       Level A exposures
                                                         --------------------------------------------------------------------------------
                         Species                                                                              Gastro-                        Mortality
                                                            Behavioral          TTS             PTS         intestinal      Slight lung
                                                             response                                      track injury       injury
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific Harbor Seal.....................................               1               1               0               0               0               0
California Sea Lion.....................................               0               0               0               0               0               0
Northern Elephant Seal..................................               0               0               0               0               0               0
Harbor Porpoise.........................................               0               0               0               0               0               0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    However, the number of marine mammals in the area at any given time 
is highly variable. Animal movement depends on time of day, tide 
levels, weather, and availability and distribution of prey species. 
Therefore, to account for potential high animal density that could 
occur during the short window of controlled implosion, NMFS worked with 
CALTRANS and adjusted the estimated number upwards for the requested 
takes. These adjustments were based on likely group sizes of these 
animals.
    A summary of estimated takes by implosion of Piers E4 and E5 is 
provided in Table 8.

  Table 8--Summary of Requested Takes of Marine Mammals for the Pier E4
                            and E5 Implosions
------------------------------------------------------------------------
                                              Level B
                 Species                    behavioral      Level B TTS
------------------------------------------------------------------------
Pacific harbor seal.....................              12               6
California sea lion.....................               3               2
Northern elephant seal..................               2               1
Harbor porpoise.........................               6               3
Northern fur seal.......................               1               1
Bottlenose dolphin......................               2               2
------------------------------------------------------------------------

    A summary of the request incidental takes of marine mammals for 
CALTRANS SFOBB construction activity, including from in-water pile 
driving/pile removal and controlled implosion for Piers E4 and E5 is 
provided in Table 9. These take estimates represent ``instances'' of 
take and are likely overestimates of the number of individual animals 
taken, since some individuals are likely taken on multiple days. The 
more likely the individuals are to remain in the action area for 
multiple days, the greater the overestimate of individuals.

                Table 9--Summary of Authorized Takes of Marine Mammals for CALTRANS SFOBB Project
----------------------------------------------------------------------------------------------------------------
                                                      Level B                                         % take
                     Species                        behavioral      Level B TTS     Population      population
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.............................             874               6          30,968            2.84
California sea lion.............................             111               2         296,750            0.04
Northern elephant seal..........................              15               1         179,000            0.01
Harbor porpoise.................................              19               3           9,886            0.22
Northern fur seal...............................              21               1          12,844            0.17

[[Page 67325]]

 
Gray whale......................................               1               0          20,990            0.00
Bottlenose dolphin..............................              12               2             323            4.33
----------------------------------------------------------------------------------------------------------------

Technical Guidance for Assessing the Effects of Anthropogenic Sound on 
Marine Mammal Hearing

    On August 4, 2016, NMFS released its Technical Guidance for 
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing 
(Guidance). This new guidance established new thresholds for predicting 
auditory injury, which equates to Level A harassment under the MMPA. In 
the Federal Register notice (81 FR 51694), NMFS explained the approach 
it would take during a transition period, wherein we balance the need 
to consider this new best available science with the fact that some 
applicants have already committed time and resources to the development 
of analyses based on our previous guidance and have constraints that 
preclude the recalculation of take estimates, as well as where the 
action is in the agency's decision-making pipeline. In that Notice, we 
included a non-exhaustive list of factors that would inform the most 
appropriate approach for considering the new Guidance, including: The 
scope of effects; how far in the process the applicant has progressed; 
when the authorization is needed; the cost and complexity of the 
analysis; and the degree to which the guidance is expected to affect 
our analysis. In this case, CALTRANS submitted an adequate and complete 
application in a timely manner and indicated that they would need to 
receive an IHA (if issued) by early September 2016. The CALTRANS 
analysis put forth in the proposed IHA contemplated the potential for 
small numbers of permanent or temporary threshold shift, but ultimately 
concluded that permanent threshold shift will not occur. Consideration 
of the new Guidance suggested that in the absence of mitigation a small 
number of Level A takes could potentially occur to one harbor seal. 
However, CALTRANS has a robust and practicable monitoring and 
mitigation program--and in addition they enlarged the exclusion zone 
for pile driving from 95 m to 156 m for 14'' H-pile and to 183 m for 
36'' steel pipe when driven by an impact hammer, providing further 
protection. When this mitigation is considered in combination with the 
fact that a fair number of marine mammals are expected to intentionally 
avoid approaching within distances of this slow-moving source that 
would result in injury, we believe that injury is unlikely. In summary, 
we have considered the new Guidance and believe that the likelihood of 
injury is adequately addressed in the analysis and appropriate 
protective measures are in place in the IHA.

Analysis and Determinations

Negligible Impact

    Negligible impact is ``an impact resulting from the specified 
activity that cannot be reasonably expected to, and is not reasonably 
likely to, adversely affect the species or stock through effects on 
annual rates of recruitment or survival'' (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of Level B harassment takes, 
alone, is not enough information on which to base an impact 
determination. In addition to considering estimates of the number of 
marine mammals that might be ``taken'' through behavioral harassment, 
NMFS must consider other factors, such as the likely nature of any 
responses (their intensity, duration, etc.), the context of any 
responses (critical reproductive time or location, migration, etc.), as 
well as the number and nature of estimated Level A harassment takes, 
the number of estimated mortalities, and effects on habitat.
    To avoid repetition, this introductory discussion of our analyses 
applies to all the species listed in Table 9, given that the 
anticipated effects of CALTRANS' SFOBB construction activities 
involving pile driving and pile removal and controlled implosions for 
Piers E4 and E5 on marine mammals are expected to be relatively similar 
in nature. There is no information about the nature or severity of the 
impacts, or the size, status, or structure of any species or stock that 
would lead to a different analysis for this activity, or else species-
specific factors would be identified and analyzed.
    No injuries or mortalities are anticipated to occur as a result of 
CALTRANS' SFOBB construction activity associated with pile driving and 
pile removal and controlled implosion to demolish Piers E4 and E5, and 
none are authorized. The relatively low marine mammal density, 
relatively small Level A harassment zones, and robust mitigation plan 
make injury takes of marine mammals unlikely, based on take calculation 
described above. In addition, the Level A exclusion zones would be 
thoroughly monitored before the implosion, and detonation activity 
would be postponed if an marine mammal is sighted within the exclusion 
zone.
    The takes that are anticipated and authorized are expected to be 
limited to short-term Level B harassment (behavioral and TTS). Marine 
mammals (Pacific harbor seal, northern elephant seal, California sea 
lion, northern fur seal, gray whale, harbor porpoise, and bottlenose 
dolphin) present in the vicinity of the action area and taken by Level 
B harassment would most likely show overt brief disturbance (startle 
reaction) and avoidance of the area from elevated noise level during 
pile driving and pile removal and the implosion noise. A few marine 
mammals could experience TTS if they occur within the Level B TTS ZOI 
during the two implosion events. However, as discussed early in this 
document, TTS is a temporary loss of hearing sensitivity when exposed 
to loud sound, and the hearing threshold is expected to recover 
completely within minutes to hours. Therefore, it is not considered an 
injury. In addition, even if an animal receives a TTS, the TTS would be 
a one-time event from a brief impulse noise (about 5 seconds), making 
it unlikely that the TTS would involve into PTS. Finally, there is no 
critical habitat or other biologically important areas in the vicinity 
of CALTRANS' Pier E4 and E5 controlled implosion areas (Calambokidis et 
al., 2015).
    The project also is not expected to have significant adverse 
effects on affected marine mammals' habitat, as analyzed in detail in 
the ``Anticipated Effects on Marine Mammal Habitat'' section. There is 
no biologically important area in the vicinity of the SFOBB project 
area. The project activities would not permanently modify existing 
marine mammal habitat. The activities may kill some fish and

[[Page 67326]]

cause other fish to leave the area temporarily, thus impacting marine 
mammals' foraging opportunities in a limited portion of the foraging 
range; but, because of the short duration of the activities and the 
relatively small area of the habitat that may be affected, the impacts 
to marine mammal habitat are not expected to cause significant or long-
term negative consequences.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from CALTRANS's 
SFOBB construction activity and the associated Piers E4 and E5 
demolition via controlled implosion will have a negligible impact on 
the affected marine mammal species or stocks.

Small Numbers

    The requested takes represent less than 4.33 percent of all 
populations or stocks potentially impacted (see Table 9 in this 
document). These take estimates represent the percentage of each 
species or stock that could be taken by Level B behavioral harassment 
and TTS (Level B harassment). The numbers of marine mammals estimated 
to be taken are small proportions of the total populations of the 
affected species or stocks. In addition, the mitigation and monitoring 
measures (described previously in this document) prescribed in the IHA 
are expected to reduce even further any potential disturbance to marine 
mammals.
    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, NMFS finds that small numbers of marine mammals will be taken 
relative to the populations of the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no subsistence uses of marine mammals in the project 
area; and, thus, no subsistence uses impacted by this action. 
Therefore, NMFS has determined that the total taking of affected 
species or stocks would not have an unmitigable adverse impact on the 
availability of such species or stocks for taking for subsistence 
purposes.

Endangered Species Act

    NMFS has determined that issuance of the IHA will have no effect on 
listed marine mammals, as none are known to occur in the action area.

National Environmental Policy Act

    NMFS prepared an Environmental Assessment (EA) for the take of 
marine mammals incidental to construction of the East Span of the SFOBB 
and made a Finding of No Significant Impact (FONSI) on November 4, 
2003. Due to the modification of part of the construction project and 
the mitigation measures, NMFS reviewed additional information from 
CALTRANS regarding empirical measurements of pile driving noises for 
the smaller temporary piles without an air bubble curtain system and 
the use of vibratory pile driving. NMFS prepared a Supplemental 
Environmental Assessment (SEA) and analyzed the potential impacts to 
marine mammals that would result from the modification of the action. A 
FONSI was signed on August 5, 2009. In addition, for CALTRANS' Piers E4 
and E5 demolition using controlled implosion, NMFS prepared an SEA and 
analyzed the potential impacts to marine mammals that would result from 
the modification. A FONSI was signed on September 3, 2015. The activity 
and expected impacts remain within what was previously analyzed in the 
EA and SEAs. Therefore, no additional NEPA analysis is warranted. A 
copy of the SEA and FONSI is available upon request (see ADDRESSES).

Authorization

    As a result of these determinations, NMFS has issued an IHA to 
CALTRANS for the take of marine mammals, by Level B harassment, 
incidental to conducting SFOBB project in the San Francisco Bay, which 
also includes the mitigation, monitoring, and reporting requirements 
described in this Notice.

    Dated: September 26, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-23602 Filed 9-29-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                            67313

                                                  arising after publication of this notice                upon request, the incidental, but not                 mudline. Activities associated with
                                                  that require emergency action under                     intentional, taking of small numbers of               dismantling the original East Span
                                                  section 305(c) of the Magnuson-Stevens                  marine mammals by U.S. citizens who                   potentially may result in incidental take
                                                  Act, provided the public has been                       engage in a specified activity (other than            of marine mammals. These activities
                                                  notified of the Council’s intent to take                commercial fishing) within a specified                include vibratory pile driving, vibratory
                                                  final action to address the emergency.                  geographical region if certain findings               pile extraction/removal, impact pile
                                                                                                          are made and either regulations are                   driving, and the use of highly controlled
                                                  Special Accommodations                                  issued or, if the taking is limited to                charges to dismantle the Pier E4 and
                                                    This meeting is physically accessible                 harassment, a notice of a proposed                    Pier E5 marine foundations.
                                                  to people with disabilities. Requests for               authorization is provided to the public                 A one-year IHA was previously issued
                                                  sign language interpretation or other                   for review.                                           to CALTRANS for pile driving/removal
                                                  auxiliary aids should be directed to                       An authorization for incidental                    and mechanical dismantling activities
                                                  Thomas A. Nies, Executive Director, at                  takings shall be granted if NMFS finds                on July 17, 2015 (80 FR 43710; July 23,
                                                  (978) 465–0492, at least 5 days prior to                that the taking will have a negligible                2015), based on activities described on
                                                  the meeting date.                                       impact on the species or stock(s), will               CALTRANS’ IHA application dated
                                                  Authority: 16 U.S.C. 1801 et seq.                       not have an unmitigable adverse impact                April 13, 2013. This IHA is valid until
                                                                                                          on the availability of the species or                 July 16, 2016. On September 9, 2015,
                                                    Dated: September 27, 2016.                            stock(s) for subsistence uses (where                  NMFS issued another IHA to
                                                  Tracey L. Thompson,                                     relevant), and if the permissible                     CALTRANS for demolition of Pier E3 of
                                                  Acting Deputy Director, Office of Sustainable           methods of taking and requirements                    the original SFOBB by highly controlled
                                                  Fisheries, National Marine Fisheries Service.           pertaining to the mitigation, monitoring              explosives (80 FR 57584; September 24,
                                                  [FR Doc. 2016–23698 Filed 9–29–16; 8:45 am]             and reporting of such takings are set                 2015). This IHA expired on December
                                                  BILLING CODE 3510–22–P                                  forth. NMFS has defined ‘‘negligible                  30, 2015. Since the construction
                                                                                                          impact’’ in 50 CFR 216.103 as ‘‘. . . an              activities related with the original
                                                                                                          impact resulting from the specified                   SFOBB dismantling will last for another
                                                  DEPARTMENT OF COMMERCE                                  activity that cannot be reasonably                    two years, CALTRANS is requesting an
                                                                                                          expected to, and is not reasonably likely             IHA that covers take of marine
                                                  National Oceanic and Atmospheric                        to, adversely affect the species or stock             mammals from both pile driving/
                                                  Administration                                          through effects on annual rates of                    removal and confined explosion.
                                                  RIN 0648–XE671                                          recruitment or survival.’’                              Construction activities for the
                                                                                                             Section 101(a)(5)(D) of the MMPA                   replacement of the SFOBB east span
                                                  Taking of Marine Mammals Incidental                     established an expedited process by                   commenced in 2002 and are expected to
                                                  to Specified Activities; Construction of                which citizens of the U.S. can apply for              be completed in 2016 with the
                                                  the East Span of the San Francisco-                     a one-year authorization to incidentally              completion of the bike/pedestrian path
                                                  Oakland Bay Bridge                                      take small numbers of marine mammals                  and eastbound on ramp from Yerba
                                                                                                          by harassment, provided that there is no              Buena Island. The new east span is now
                                                  AGENCY:  National Marine Fisheries                                                                            open to traffic. On November 10, 2003,
                                                                                                          potential for serious injury or mortality
                                                  Service (NMFS), National Oceanic and                                                                          NMFS issued the first project-related
                                                                                                          to result from the activity. Section
                                                  Atmospheric Administration (NOAA),                                                                            IHA to CALTRANS, authorizing the take
                                                                                                          101(a)(5)(D) establishes a 45-day time
                                                  Commerce.                                                                                                     of small numbers of marine mammals
                                                                                                          limit for NMFS review of an application
                                                  ACTION: Notice; issuance of an incidental                                                                     incidental to the construction of the
                                                                                                          followed by a 30-day public notice and
                                                  harassment authorization.                               comment period on any proposed                        SFOBB Project. Over the years,
                                                  SUMMARY:   In accordance with the                       authorizations for the incidental                     CALTRANS has been issued a total of
                                                  regulations implementing the Marine                     harassment of marine mammals. Within                  nine IHAs for the SFOBB Project to date,
                                                  Mammal Protection Act (MMPA) as                         45 days of the close of the comment                   excluding the application currently
                                                  amended, notification is hereby given                   period, NMFS must either issue or deny                under review.
                                                                                                          the authorization.                                      The demolition of Piers E4 and E5
                                                  that we have issued an incidental
                                                                                                                                                                through controlled implosion are
                                                  harassment authorization (IHA) to                       Summary of Request                                    planned to occur in October, November,
                                                  California Department of Transportation
                                                                                                            On March 11, 2016, CALTRANS                         or December 2016, and pile driving and
                                                  (CALTRANS) to incidentally harass, by
                                                                                                          submitted a request to NMFS for the                   pile removal activities may occur at any
                                                  Level B harassment only, seven species
                                                                                                          potential harassment of a small number                time of the year.
                                                  of marine mammals during activities                                                                             The SFOBB project area is located in
                                                  associated with the East Span of the San                of marine mammals incidental to the
                                                                                                          dismantling of the East Span of the                   the central San Francisco Bay (SFB or
                                                  Francisco-Oakland Bay Bridge (SFOBB)                                                                          Bay), between Yerba Buena Island (YBI)
                                                  in the San Francisco Bay (SFB),                         original SFOBB in SFB, California,
                                                                                                          between July 16, 2016, and July 15,                   and the city of Oakland. The western
                                                  California.                                                                                                   limit of the project area is the east portal
                                                                                                          2017. On May 16, 2016, CALTRANS
                                                  DATES: This authorization is effective                  submitted a revision of its IHA                       of the YBI tunnel, located in the city of
                                                  from September 19, 2016 through                         application based on NMFS comments.                   San Francisco. The eastern limit of the
                                                  September 18, 2017.                                     NMFS determined that the IHA                          project area is located approximately
                                                  FOR FURTHER INFORMATION CONTACT:                        application was complete on May 19,                   1,312 ft (400 m) west of the Bay Bridge
                                                  Shane Guan, Office of Protected                                                                               toll plaza, where the new and former
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          2016.
                                                  Resources, NMFS, (301) 427–8401.                                                                              spans connect with land at the Oakland
                                                                                                          Description of the Specified Activity                 Touchdown in the city of Oakland.
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                            CALTRANS proposes removal of the                    Detailed description of CALTRANS East
                                                  Background                                              East Span of the original SFOBB by                    Span Removal Project is provided in the
                                                    Sections 101(a)(5)(A) and (D) of the                  mechanical dismantling and by use of                  Federal Register notice for the proposed
                                                  MMPA (16 U.S.C. 1361 et seq.) direct                    controlled charges to implode the pier                IHA (81 FR 48745; July 24, 2016). No
                                                  the Secretary of Commerce to allow,                     into its open cellular chambers below                 changes have been made since the


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                  67314                           Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  publication of that notice. A summary of                     (Commission). Specific comments and                              qualitative adjustments in other
                                                  CALTRANS activities is provided                              responses are provided below.                                    situations. NMFS is currently engaged
                                                  below.                                                         Comment 1: The Commission states                               in developing a protocol to guide more
                                                                                                               that the method used to estimate the                             consistent take calculation given certain
                                                  1. Vibratory and Impact Driving of
                                                                                                               numbers of takes, which sums fractions                           circumstances. We believe, however,
                                                  Temporary Piles
                                                                                                               of takes for each species across days,                           that the prediction for this action
                                                    CALTRANS anticipates temporary                             does not account for NMFS’s 24-hour                              remains appropriate.
                                                  access trestles, in-water falsework, and                     reset policy. The Commission states that                            Comment 2: The Commission notes
                                                  cofferdams may be required to                                instead of summing fractions of takes                            that in the proposed IHA NMFS would
                                                  dismantle the existing bridge.                               across days and then rounding to                                 require protected species observers
                                                  Temporary access trestles, supported by                      estimate total takes, NMFS should have                           (PSOs) to implement 100 percent
                                                  temporary marine piles, and cofferdams                       calculated a daily take estimate                                 monitoring for Level A harassment
                                                  may be needed to provide construction                        (determined by multiplying the                                   zones of all pile driving, but only 20
                                                  access. CALTRANS estimates that a                            estimated density of marine mammals                              percent monitoring for Level B
                                                  maximum of 200 temporary piles may                           in the area by the daily ensonified area)                        harassment zones for vibratory pile
                                                  be installed during the 1-year period of                     and then rounding that to a whole                                driving and removal. The Commission
                                                  IHA coverage. Types of temporary piles                       number before multiplying it by the                              recommends that NMFS require
                                                  to be installed may include sheet piles,                     number of days that activities would                             CALTRANS to implement full-time
                                                  14-in (0.34-m) H-piles, and steel pipe                       occur. Thus, the Commission                                      monitoring of Level A and B harassment
                                                  piles, equal to or less than 36-in (0.91-                    recommends that NMFS (1) follow its                              zones during all pile driving and pile
                                                  m) in diameter. A maximum of 132 days                        policy of a 24-hour reset for                                    removal activities.
                                                  of pile driving may be required to install                   enumerating the number of each species                              Response: NMFS agrees with the
                                                  and/or remove piles during the one-year                      that could be taken, (2) apply standard                          Commission’s recommendation, and
                                                  period of IHA coverage.                                      rounding rules before summing the                                discussed it with CALTRANS.
                                                                                                               numbers of estimated takes across days,                          CALTRANS agrees that 100 percent
                                                  2. Removal of Piers E4 and E5
                                                                                                               and (3) for species that have the                                monitoring is feasible and will conduct
                                                    CALTRANS proposes the removal of                           potential to be taken but model-                                 visual monitoring for all pile driving
                                                  Piers E4 and E5 of the original East Span                    estimated or calculated takes round to                           and pile removal activities. The IHA
                                                  by use of controlled charges to implode                      zero, use group size to inform the take                          issued to CALTRANS includes such
                                                  each pier into its open cellular                             estimates—these methods should be                                measures.
                                                  chambers below the mudline. A Blast                          used consistently for all future
                                                  Attenuation System (BAS) will be used                        incidental take authorizations.                                  Description of Marine Mammals in the
                                                  to minimize potential impacts on                               Response: While for certain projects                           Area of the Specified Activity
                                                  biological resources in the Bay. Both                        NMFS has rounded to the whole                                       Seven species of marine mammals
                                                  NMFS and CALTRANS believe that the                           number for daily takes, the                                      regularly inhabit or rarely or seasonally
                                                  results from the Pier E3 Demonstration                       circumstance for projects like this one                          enter the San Francisco Bay (Table 1).
                                                  Project support the use of controlled                        when the objective of take estimation is                         The two most common species observed
                                                  charges as a more expedient method of                        to provide more accurate assessments                             are the Pacific harbor seal (Phoca
                                                  removal that will cause less                                 for potential impacts to marine                                  vitulina richardii) and the California sea
                                                  environmental impact as compared to                          mammals for the entire project, the                              lion (Zalophus californianus). Juvenile
                                                  approved mechanical methods using a                          rounding in the middle of calculation                            northern elephant seals (Mirounga
                                                  dry (fully dewatered) cofferdam.                             will introduce large errors into the                             angustirostris) seasonally enter the Bay
                                                    Piers E4 and E5 of the original East                       process. In addition, while NMFS uses                            (spring and fall), while harbor porpoises
                                                  Span are located between the OTD area                        a 24-hour reset for its take calculation to                      (Phocoena phocoena) may enter the
                                                  and YBI, and just south of the SFOBB                         ensure that individual animals are not                           western side of the Bay throughout the
                                                  new East Span. These piers are concrete                      counted as a take more than once per                             year, but rarely occur near the SFOBB
                                                  cellular structures that occupy areas                        day, that fact does not make the                                 east span. Gray whales (Eschrichtius
                                                  deep below the mudline, within the                           calculation of take across the entire                            robustus) may enter the Bay during their
                                                  water column, and above the water line                       activity period inherently incorrect.                            northward migration in the late winter
                                                  of the Bay.                                                  There is no need for daily (24-hour)                             and spring. In addition, though rare,
                                                                                                               rounding in this case because there is no                        northern fur seals (Callorhinus ursinus)
                                                  Comments and Responses                                                                                                        and bottlenose dolphins (Tursiops
                                                                                                               daily limit of takes, so long as total
                                                     A notice of NMFS’ proposal to issue                       authorized takes of marine mammal are                            truncatus) have also been sighted in the
                                                  an IHA was published in the Federal                          not exceeded. In short, the calculation                          Bay. None of these species are listed as
                                                  Register on July 24, 2016 (81 FR 48745).                     of predicted take is not an exact science                        endangered or threatened under the
                                                  During the 30-day public comment                             and there are arguments for taking                               Endangered Species Act (ESA), or as
                                                  period, NMFS received a comment letter                       different mathematical approaches in                             depleted or a strategic stock under the
                                                  from the Marine Mammal Commission                            different situations, and for making                             MMPA.

                                                                              TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY
mstockstill on DSK3G9T082PROD with NOTICES




                                                         Common name                         Scientific name            Status            Occurrence            Seasonality                       Range                       Abundance

                                                  Harbor seal ......................   Phoca vitulina richardii ....     ...........     Common .....        Year round .........    California   .........................        30,968
                                                  California sea lion ............     Zalophus californianus ....       ...........     Common .....        Year round .........    California   .........................       296,750
                                                  Northern fur seal .............      Callorhinus ursinus ..........    ...........     Rare ............   Year round .........    California   .........................        12,844
                                                  Northern elephant seal ....          Mirounga angustirostris ...       ...........     Occasional ..       Spring & fall .......   California   .........................       179,000
                                                  Gray whale ......................    Eschrichtius robustus ......     (*) ......       Rare ............   Spring & fall .......   Mexico to    the U.S. Arctic                  20,990
                                                                                                                                                                                       Ocean.



                                             VerDate Sep<11>2014     20:49 Sep 29, 2016     Jkt 238001   PO 00000   Frm 00026          Fmt 4703   Sfmt 4703    E:\FR\FM\30SEN1.SGM       30SEN1


                                                                               Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                                                 67315

                                                                   TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY—Continued
                                                        Common name                       Scientific name            Status           Occurrence            Seasonality                      Range                     Abundance

                                                  Harbor porpoise ...............   Phocoena phocoena .......        ...........     Rare ............   Year round .........   California .........................         9,886
                                                  Coastal Bottlenose dol-           Tursiops truncatus ...........   ...........     Rare ............   Year round .........   California .........................           323
                                                    phin.
                                                     * The E. North Pacific population is not listed under the ESA.


                                                    More detailed information on the                        understand that different kinds of                             pinniped is otariid (California sea lion
                                                  marine mammal species found in the                        marine life are sensitive to different                         and northern fur seal). A species’
                                                  vicinity of the SFOBB construction site                   frequencies of sound. Based on available                       functional hearing group is a
                                                  can be found in CALTRANS IHA                              behavioral data, audiograms have been                          consideration when we analyze the
                                                  application, and in NMFS stock                            derived using auditory evoked                                  effects of exposure to sound on marine
                                                  assessment report (Caretta et al., 2015),                 potentials, anatomical modeling, and                           mammals.
                                                  which is available at the following URL:                  other data, NMFS (2016) designate
                                                                                                                                                                           Potential Effects From In-Water Pile
                                                  http://www.nmfs.noaa.gov/pr/sars/pdf/                     ‘‘marine mammal hearing groups’’ for
                                                                                                                                                                           Driving and Pile Removal
                                                  pacific_sars_2014_final_noaa_swfsc_                       marine mammals and estimate the lower
                                                  tm_549.pdf. Refer to these documents                      and upper frequencies of hearing of the                           The CALTRANS SFOBB construction
                                                  for additional information on these                       groups. The marine mammal groups and                           work using in-water pile driving and
                                                  species.                                                  the associated frequencies are indicated                       pile removal could adversely affect
                                                                                                            below (though animals are less sensitive                       marine mammal species and stocks by
                                                  Potential Effects of the Specified                                                                                       exposing them to elevated noise levels
                                                  Activity on Marine Mammals                                to sounds at the outer edge of their
                                                                                                            functional range and most sensitive to                         in the vicinity of the activity area.
                                                     This section includes a summary and                    sounds of frequencies within a smaller                            Exposure to high intensity sound for
                                                  discussion of the ways that the types of                  range somewhere in the middle of their                         a sufficient duration may result in
                                                  stressors associated with the specified                   hearing range):                                                auditory effects such as a noise-induced
                                                  activity (e.g., pile removal and pile                        • Low frequency cetaceans (13                               threshold shift—an increase in the
                                                  driving) have been observed to impact                     species of mysticetes): Functional                             auditory threshold after exposure to
                                                  marine mammals. This discussion may                       hearing is estimated to occur between                          noise (Finneran et al., 2005). Factors
                                                  also include reactions that we consider                   approximately 7 hertz (Hz) and 35                              that influence the amount of threshold
                                                  to rise to the level of a take and those                  kilohertz (kHz);                                               shift include the amplitude, duration,
                                                  that we do not consider to rise to the                       • Mid-frequency cetaceans (32                               frequency content, temporal pattern,
                                                  level of a take (for example, with                        species of dolphins, seven species of                          and energy distribution of noise
                                                  acoustics, we may include a discussion                    larger toothed whales, and 19 species of                       exposure. The magnitude of hearing
                                                  of studies that showed animals not                        beaked and bottlenose whales):                                 threshold shift normally decreases over
                                                  reacting at all to sound or exhibiting                    Functional hearing is estimated to occur                       time following cessation of the noise
                                                  barely measurable avoidance). This                        between approximately 150 Hz and 160                           exposure. The amount of threshold shift
                                                  section is intended as a background of                    kHz;                                                           just after exposure is the initial
                                                  potential effects and does not consider                      • High frequency cetaceans (eight                           threshold shift. If the threshold shift
                                                  either the specific manner in which this                  species of true porpoises, seven species                       eventually returns to zero (i.e., the
                                                  activity will be carried out or the                       of river dolphins, Kogia, the franciscana,                     threshold returns to the pre-exposure
                                                  mitigation that will be implemented,                      and four species of cephalorhynchids):                         value), it is a temporary threshold shift
                                                  and how either of those will shape the                    Functional hearing is estimated to occur                       (Southall et al., 2007).
                                                  anticipated impacts from this specific                    between approximately 275 Hz and 160                              Threshold Shift (noise-induced loss of
                                                  activity. The ‘‘Estimated Take by                         kHz;                                                           hearing)—When animals exhibit
                                                  Incidental Harassment’’ section later in                     • Phocid pinnipeds in Water:                                reduced hearing sensitivity (i.e., sounds
                                                  this document will include a                              Functional hearing is estimated to occur                       must be louder for an animal to detect
                                                  quantitative analysis of the number of                    between approximately 50 Hz and 86                             them) following exposure to an intense
                                                  individuals that are expected to be taken                 kHz; and                                                       sound or sound for long duration, it is
                                                  by this activity. The ‘‘Analysis and                         • Otariid pinnipeds in Water:                               referred to as a noise-induced threshold
                                                  Determinations’’ section will include                     Functional hearing is estimated to occur                       shift (TS). An animal can experience
                                                  the analysis of how this specific activity                between approximately 60 Hz and 39                             temporary threshold shift (TTS) or
                                                  will impact marine mammals and will                       kHz.                                                           permanent threshold shift (PTS). TTS
                                                  consider the content of this section, the                    As mentioned previously in this                             can last from minutes or hours to days
                                                  ‘‘Estimated Take by Incidental                            document, seven marine mammal                                  (i.e., there is complete recovery), can
                                                  Harassment’’ section, the ‘‘Mitigation’’                  species (three cetacean and four                               occur in specific frequency ranges (i.e.,
                                                  section, and the ‘‘Anticipated Effects on                 pinniped species) are likely to occur in                       an animal might only have a temporary
                                                  Marine Mammal Habitat’’ section to                        the vicinity of the SFOBB pile driving/                        loss of hearing sensitivity between the
                                                  draw conclusions regarding the likely                     removal and controlled pier detonation                         frequencies of 1 and 10 kHz), and can
                                                  impacts of this activity on the                           area. Of the two cetacean species, one                         be of varying amounts (for example, an
mstockstill on DSK3G9T082PROD with NOTICES




                                                  reproductive success or survivorship of                   belongs to low-frequency cetacean (gray                        animal’s hearing sensitivity might be
                                                  individuals and from that on the                          whale), one mid-frequency cetacean                             reduced initially by only 6 decibel (dB)
                                                  affected marine mammal populations or                     (bottlenose dolphin), and one high-                            or reduced by 30 dB). PTS is permanent,
                                                  stocks.                                                   frequency cetacean (harbor porpoise).                          but some recovery is possible. PTS can
                                                     When considering the influence of                      two species of pinniped are phocid                             also occur in a specific frequency range
                                                  various kinds of sound on the marine                      (Pacific harbor seal and northern                              and amount as mentioned above for
                                                  environment, it is necessary to                           elephant seal), and two species of                             TTS.


                                             VerDate Sep<11>2014    20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00027         Fmt 4703   Sfmt 4703    E:\FR\FM\30SEN1.SGM       30SEN1


                                                  67316                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                     For marine mammals, published data                   present. Alternatively, a larger amount               pressure level) in the world’s ocean
                                                  are limited to the captive bottlenose                   and longer duration of TTS sustained                  from pre-industrial periods, and most of
                                                  dolphin, beluga, harbor porpoise, and                   during time when communication is                     these increases are from distant
                                                  Yangtze finless porpoise (Finneran et                   critical for successful mother/calf                   shipping (Hildebrand 2009). For
                                                  al., 2000, 2002, 2003, 2005, 2007, 2010a,               interactions could have more serious                  CALTRANS’ SFOBB construction
                                                  2010b; Finneran and Schlundt, 2010;                     impacts. Also, depending on the degree                activities, noises from vibratory pile
                                                  Lucke et al., 2009; Mooney et al., 2009a,               and frequency range, the effects of PTS               driving contribute to the elevated
                                                  2009b; Popov et al., 2011a, 2011b;                      on an animal could range in severity,                 ambient noise levels in the project area,
                                                  Kastelein et al., 2012a; Schlundt et al.,               although it is considered generally more              thus increasing potential for or severity
                                                  2000; Nachtigall et al., 2003, 2004). For               serious because it is a permanent                     of masking. Baseline ambient noise
                                                  pinnipeds in water, data are limited to                 condition. Of note, reduced hearing                   levels in the Bay are very high due to
                                                  measurements of TTS in harbor seals, an                 sensitivity as a simple function of aging             ongoing shipping, construction and
                                                  elephant seal, and California sea lions                 has been observed in marine mammals,                  other activities in the Bay.
                                                  (Kastak et al., 1999, 2005; Kastelein et                as well as humans and other taxa                         Finally, marine mammals’ exposure to
                                                  al., 2012b).                                            (Southall et al., 2007), so one can infer             certain sounds could lead to behavioral
                                                     Lucke et al. (2009) found a threshold                that strategies exist for coping with this            disturbance (Richardson et al., 1995),
                                                  shift (TS) of a harbor porpoise after                   condition to some degree, though likely               such as: Changing durations of surfacing
                                                  exposing it to airgun noise with a                      not without cost.                                     and dives, number of blows per
                                                  received sound pressure level (SPL) at                     In addition, chronic exposure to                   surfacing, or moving direction and/or
                                                  200.2 dB (peak-to-peak) re: 1                           excessive, though not high-intensity,                 speed; reduced/increased vocal
                                                  micropascal (mPa), which corresponds to                 noise could cause masking at particular               activities; changing/cessation of certain
                                                  a sound exposure level of 164.5 dB re:                  frequencies for marine mammals that                   behavioral activities (such as socializing
                                                  1 mPa2 s after integrating exposure.                    utilize sound for vital biological                    or feeding); visible startle response or
                                                  NMFS currently uses the root-mean-                      functions (Clark et al., 2009). Acoustic              aggressive behavior (such as tail/fluke
                                                  square (rms) of received SPL at 180 dB                  masking is when other noises such as                  slapping or jaw clapping); avoidance of
                                                  and 190 dB re: 1 mPa as the threshold                   from human sources interfere with                     areas where noise sources are located;
                                                  above which permanent threshold shift                   animal detection of acoustic signals                  and/or flight responses (e.g., pinnipeds
                                                  (PTS) could occur for cetaceans and                     such as communication calls,                          flushing into water from haulouts or
                                                  pinnipeds, respectively. Because the                    echolocation sounds, and                              rookeries).
                                                  airgun noise is a broadband impulse,                    environmental sounds important to                        The onset of behavioral disturbance
                                                  one cannot directly determine the                       marine mammals. Therefore, under                      from anthropogenic noise depends on
                                                  equivalent of rms SPL from the reported                 certain circumstances, marine mammals                 both external factors (characteristics of
                                                  peak-to-peak SPLs. However, applying a                  whose acoustical sensors or                           noise sources and their paths) and the
                                                  conservative conversion factor of 16 dB                 environment are being severely masked                 receiving animals (hearing, motivation,
                                                  for broadband signals from seismic                      could also be impaired from maximizing                experience, demography) and is also
                                                  surveys (McCauley, et al., 2000) to                     their performance fitness in survival                 difficult to predict (Southall et al.,
                                                  correct for the difference between peak-                and reproduction.                                     2007). Currently NMFS uses a received
                                                  to-peak levels reported in Lucke et al.                    Masking occurs at the frequency band               level of 160 dB re 1 mPa (rms) to predict
                                                  (2009) and rms SPLs, the rms SPL for                    that the animals utilize. Therefore, since            the onset of behavioral harassment from
                                                  TTS would be approximately 184 dB re:                   noise generated from vessels dynamic                  impulse noises (such as impact pile
                                                  1 mPa, and the received levels associated               positioning activity is mostly                        driving), and 120 dB re 1 mPa (rms) for
                                                  with PTS (Level A harassment) would                     concentrated at low frequency ranges, it              continuous noises (such as vibratory
                                                  be higher. This is still above NMFS’                    may have less effect on high frequency                pile driving). For the CALTRANS
                                                  current 180 dB rms re: 1 mPa threshold                  echolocation sounds by odontocetes                    SFOBB construction activities, both of
                                                  for injury. However, NMFS recognizes                    (toothed whales). However, lower                      these noise levels are considered for
                                                  that TTS of harbor porpoises is lower                   frequency man-made noises are more                    effects analysis because CALTRANS
                                                  than other cetacean species empirically                 likely to affect detection of                         plans to use both impact and vibratory
                                                  tested (Finneran & Schlundt, 2010;                      communication calls and other                         pile driving, as well as vibratory pile
                                                  Finneran et al., 2002; Kastelein and                    potentially important natural sounds                  removal.
                                                  Jennings, 2012).                                        such as surf and prey noise. It may also                 The biological significance of many of
                                                     Marine mammal hearing plays a                        affect communication signals when they                these behavioral disturbances is difficult
                                                  critical role in communication with                     occur near the noise band and thus                    to predict, especially if the detected
                                                  conspecifics, and interpretation of                     reduce the communication space of                     disturbances appear minor. However,
                                                  environmental cues for purposes such                    animals (e.g., Clark et al., 2009) and                the consequences of behavioral
                                                  as predator avoidance and prey capture.                 cause increased stress levels (e.g., Foote            modification could be biologically
                                                  Depending on the degree (elevation of                   et al., 2004; Holt et al., 2009).                     significant if the change affects growth,
                                                  threshold in dB), duration (i.e., recovery                 Unlike TS, masking, which can occur                survival, and/or reproduction, which
                                                  time), and frequency range of TTS, and                  over large temporal and spatial scales,               depends on the severity, duration, and
                                                  the context in which it is experienced,                 can potentially affect the species at                 context of the effects.
                                                  TTS can have effects on marine                          population, community, or even
                                                  mammals ranging from discountable to                    ecosystem levels, as well as individual               Potential Effects From Controlled Pier
                                                  serious (similar to those discussed in                  levels. Masking affects both senders and              Implosion
mstockstill on DSK3G9T082PROD with NOTICES




                                                  auditory masking, below). For example,                  receivers of the signals and could have                  It is expected that an intense impulse
                                                  a marine mammal may be able to readily                  long-term chronic effects on marine                   from the Piers E4 and E5 controlled
                                                  compensate for a brief, relatively small                mammal species and populations.                       implosion would have the potential to
                                                  amount of TTS in a non-critical                         Recent science suggests that low                      impact marine mammals in the vicinity.
                                                  frequency range that occurs during a                    frequency ambient sound levels have                   The majority of impacts would be startle
                                                  time where ambient noise is lower and                   increased by as much as 20 dB (more                   behavior and temporary behavioral
                                                  there are not as many competing sounds                  than three times in terms of sound                    modification from marine mammals.


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00028   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                          67317

                                                  However, a few individual animals                       from injury from the shock wave,                      rule is the case of auditory masking,
                                                  could be exposed to sound levels that                   particularly farther from the explosion.              which is not likely since the
                                                  would cause TTS.                                        If an animal is able to hear a noise, at              CALTRANS’ controlled implosion is
                                                     The underwater explosion would                       some level it can damage its hearing by               only two short, sequential detonations
                                                  send a shock wave and blast noise                       causing decreased sensitivity (Ketten                 that last for approximately 3–4 seconds.
                                                  through the water, release gaseous by-                  1995). Sound-related trauma can be
                                                  products, create an oscillating bubble,                                                                       Potential Effects on Marine Mammal
                                                                                                          lethal or sublethal. Lethal impacts are
                                                  and cause a plume of water to shoot up                                                                        Habitat
                                                                                                          those that result in immediate death or
                                                  from the water surface. The shock wave                  serious debilitation in or near an intense               The removal of the SFOBB East Span
                                                  and blast noise are of most concern to                  source and are not, technically, pure                 is not likely to negatively affect the
                                                  marine animals. The effects of an                       acoustic trauma (Ketten 1995). Sublethal              habitat of marine mammal populations
                                                  underwater explosion on a marine                        impacts include hearing loss, which is                because no permanent loss of habitat
                                                  mammal depends on many factors,                         caused by exposures to perceptible                    will occur, and only a minor, temporary
                                                  including the size, type, and depth of                  sounds. Severe damage (from the shock                 modification of habitat will occur. The
                                                  both the animal and the explosive                       wave) to the ears includes tympanic                   original SFOBB area is not used as a
                                                  charge; the depth of the water column;                  membrane rupture, fracture of the                     haul-out site by pinnipeds or as a major
                                                  and the standoff distance between the                   ossicles, damage to the cochlea,                      foraging area. Therefore, demolition of
                                                  charge and the animal, as well as the                   hemorrhage, and cerebrospinal fluid                   the concrete marine foundations and
                                                  sound propagation properties of the                     leakage into the middle ear. Moderate                 pile installation and removal activities
                                                  environment. Potential impacts can                      injury implies partial hearing loss due               are unlikely to permanently decrease
                                                  range from brief effects (such as                       to tympanic membrane rupture and                      fish populations in the area and are
                                                  behavioral disturbance), tactile                        blood in the middle ear. Permanent                    unlikely to affect marine mammal
                                                  perception, physical discomfort, slight                 hearing loss also can occur when the                  populations.
                                                  injury of the internal organs and the                   hair cells are damaged by one very loud                  Project activities will not affect any
                                                  auditory system, to death of the animal                 event, as well as by prolonged exposure               pinniped haul-out sites or pupping
                                                  (Yelverton et al., 1973; DoN, 2001).                    to a loud noise or chronic exposure to                sites. The YBI harbor seal haul-out site
                                                  Non-lethal injury includes slight injury                noise. The level of impact from blasts                is on the opposite site of the island from
                                                  to internal organs and the auditory                     depends on both an animal’s location                  the SFOBB Project area. Because of the
                                                  system; however, delayed lethality can                  and, at outer zones, on its sensitivity to            distance and the island blocking the
                                                  be a result of individual or cumulative                 the residual noise (Ketten 1995).                     sound, underwater noise and pressure
                                                  sublethal injuries (DoN, 2001).                            However, the above discussion                      levels from the SFOBB Project will not
                                                  Immediate lethal injury would be a                      concerning underwater explosion only                  reach the haul-out. Other haul-out sites
                                                  result of massive combined trauma to                    pertains to open water detonation in a                for sea lions and harbor seals are at a
                                                  internal organs as a direct result of                   free field. CALTRANS’ Pier E4 and E5                  sufficient distance from the SFOBB
                                                  proximity to the point of detonation                    demolition project using controlled                   Project area that they will not be
                                                  (DoN, 2001). Generally, the higher the                  implosion uses a confined detonation                  affected. The closest recognized harbor
                                                  level of impulse and pressure level                     method, meaning that the charges                      seal pupping site is at Castro Rocks,
                                                  exposure, the more severe the impact to                 would be placed within the structure.                 approximately 8.7 mi (14 km) from the
                                                  an individual.                                          Therefore, most energy from the                       SFOBB Project area. No sea lion
                                                     Injuries resulting from a shock wave                 explosive shock wave would be                         rookeries are found in the Bay.
                                                  take place at boundaries between tissues                absorbed through the destruction of the                  The addition of underwater sound
                                                  of different density. Different velocities              structure itself, and would not                       from SFOBB Project activities to
                                                  are imparted to tissues of different                    propagate through the open water.                     background noise levels can constitute a
                                                  densities, and this can lead to their                   Measurements and modeling from                        potential cumulative impact on marine
                                                  physical disruption. Blast effects are                  confined underwater detonation for                    mammals. However, these potential
                                                  greatest at the gas-liquid interface                    structure removal showed that energy                  cumulative noise impacts will be short
                                                  (Landsberg 2000). Gas-containing                        from shock waves and noise impulses                   in duration.
                                                  organs, particularly the lungs and                      were greatly reduced in the water                        SPLs from impact pile driving and
                                                  gastrointestinal tract, are especially                  column (Hempen et al., 2007;                          pier implosion have the potential to
                                                  susceptible (Goertner 1982; Hill 1978;                  CALTRANS 2016). Therefore, with                       injure or kill fish in the immediate area.
                                                  Yelverton et al., 1973). In addition, gas-              monitoring and mitigation measures                    During previous pier implosion and pile
                                                  containing organs including the nasal                   discussed above, CALTRANS Pier E4                     driving activities, CALTRANS has
                                                  sacs, larynx, pharynx, trachea, and                     and E5 controlled implosions are not                  reported mortality to marine mammals’
                                                  lungs may be damaged by compression/                    likely to cause injury or mortality to                prey species, including northern
                                                  expansion caused by the oscillations of                 marine mammals in the project vicinity.               anchovies and Pacific herring
                                                  the blast gas bubble. Intestinal walls can              Instead, NMFS believes that                           (CALTRANS 2016). These few isolated
                                                  bruise or rupture, with subsequent                      CALTRANS’ Pier E4 and E5 controlled                   fish mortality events are not anticipated
                                                  hemorrhage and escape of gut contents                   implosions in the San Francisco Bay are               to have a substantial effect on prey
                                                  into the body cavity. Less severe                       most like to cause Level B behavioral                 species population or their availability
                                                  gastrointestinal tract injuries include                 harassment and maybe TTS in a few                     as a food resource for marine mammals.
                                                  contusions, petechiae (small red or                     individual of marine mammals, as                         Studies also suggest that larger fish
                                                  purple spots caused by bleeding in the                                                                        are generally less susceptible to death or
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          discussed below.
                                                  skin), and slight hemorrhaging                             Changes in marine mammal behavior                  injury than small fish. Moreover,
                                                  (Yelverton et al., 1973).                               are expected to result from an acute                  elongated forms that are round in cross
                                                     Because the ears are the most                        stress response. This expectation is                  section are less at risk than deep-bodied
                                                  sensitive to pressure, they are the organs              based on the idea that some sort of                   forms. Orientation of fish relative to the
                                                  most sensitive to injury (Ketten 2000).                 physiological trigger must exist to                   shock wave may also affect the extent of
                                                  Sound-related damage associated with                    change any behavior that is already                   injury. Open water pelagic fish (e.g.,
                                                  blast noise can be theoretically distinct               being performed. The exception to this                mackerel) seem to be less affected than


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                  67318                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  reef fishes. The results of most studies                          similar significance, and on the                                method (e.g., dewatered cofferdam) for
                                                  are dependent upon specific biological,                           availability of such species or stock for                       all impact pile driving, with the
                                                  environmental, explosive, and data                                taking for certain subsistence uses.                            exception of pile proofing and H-piles.
                                                  recording factors.
                                                                                                                    1. Mitigation Measures for In-Water Pile                        Establishment of Exclusion and Level B
                                                     The huge variation in fish                                     Driving and Pile Removal                                        Harassment Zones
                                                  populations, including numbers,
                                                                                                                       For the CALTRANS SFOBB
                                                  species, sizes, and orientation and range                                                                                            Before the commencement of in-water
                                                                                                                    construction activities, NMFS requires
                                                  from the detonation point, makes it very                                                                                          construction activities, which include
                                                                                                                    the following mitigation measures to
                                                  difficult to accurately predict mortalities                                                                                       impact pile driving and vibratory pile
                                                                                                                    minimize the potential impacts to
                                                  at any specific site of detonation. Most                                                                                          driving, CALTRANS shall establish
                                                                                                                    marine mammals in the project vicinity.
                                                  fish species experience a large number                            The primary purpose of these mitigation                         ‘‘exclusion zones’’ where received
                                                  of natural mortalities, especially during                         measures is to detect marine mammals                            underwater SPLs are higher than 180 dB
                                                  early life-stages, and any small level of                         within or about to enter designated                             (rms) and 190 dB (rms) re 1 mPa for
                                                  mortality caused by the CALTRANS’                                 exclusion zones corresponding to NMFS                           cetaceans and pinnipeds, respectively,
                                                  two controlled implosions will likely be                          current injury thresholds and to initiate                       and ‘‘Level B behavioral harassment
                                                  insignificant to the population as a                              immediate shutdown or power down of                             zones’’ where received underwater
                                                  whole.                                                            the piling hammer, making it very                               sound pressure levels (SPLs) are higher
                                                  Mitigation Measures                                               unlikely potential injury or TTS to                             than 160 dB (rms) and 120 dB (rms) re
                                                                                                                    marine mammals would occur, and to                              1 mPa for impulse noise sources (impact
                                                     In order to issue an incidental take                           reduce the intensity of Level B                                 pile driving) and non-impulses noise
                                                  authorization under section 101(a)(5)(D)                          behavioral harassment.                                          sources (vibratory pile driving),
                                                  of the MMPA, NMFS must set forth the                                                                                              respectively. Before the sizes of actual
                                                  permissible methods of taking pursuant                            Use of Noise Attenuation Devices                                zones are determined based on
                                                  to such activity, and other means of                                 To reduce impact on marine                                   hydroacoustic measurements,
                                                  effecting the least practicable adverse                           mammals, CALTRANS shall use a                                   CALTRANS shall establish these zones
                                                  impact on such species or stock and its                           marine pile driving energy attenuator                           based on prior measurements conducted
                                                  habitat, paying particular attention to                           (i.e., air bubble curtain system), or other                     during SFOBB constructions, as
                                                  rookeries, mating grounds, and areas of                           equally effective sound attenuation                             described in Table 2 of this document.

                                                           TABLE 2—TEMPORARY EXCLUSION AND LEVEL B HARASSMENT ZONES FOR VARIOUS PILE DRIVING ACTIVITIES
                                                                                                                                                                 Distance to       Distance to        Distance to    Distance to
                                                                                                                           Pile size                             120 dB re 1       160 dB re 1        180 dB re 1    190 dB re 1
                                                     Pile driving/dismantling activities                                      (m)                                    μPa               μPa                μPa            μPa
                                                                                                                                                                  (rms) (m)         (rms) (m)          (rms) (m)      (rms) (m)

                                                  Vibratory Driving ...............................   24 .....................................................            2,000                 NA              NA            NA
                                                                                                      36 .....................................................            2,000                 NA             NA             NA
                                                                                                      Sheet pile .........................................                2,000                 NA              NA            NA
                                                  Attenuated Impact Driving ................          24 .....................................................               NA              1,000             235            95
                                                                                                      36 .....................................................               NA              1,000             235            95
                                                  Unattenuated Proofing ......................        24 .....................................................               NA              1,000             235            95
                                                                                                      36 .....................................................               NA              1,000             235            95
                                                  Unattenuated Impact Driving ............            H-pile ................................................                NA              1,000             235            95



                                                    Once the underwater acoustic                                    seen by the observer in that time it can                        ‘‘soft start’’ the hammer prior to
                                                  measurements are conducted during                                 be assumed that the animal has moved                            operating at full capacity. This should
                                                  initial test pile driving, CALTRANS                               beyond the exclusion zone.                                      expose fewer animals to loud sounds
                                                  shall adjust the size of the exclusion                              If pile driving of a segment ceases for                       both underwater and above water. This
                                                  zones and Level B behavioral                                      30 minutes or more and a marine                                 would also ensure that, although not
                                                  harassment zones, and monitor these                               mammal is sighted within the                                    expected, any pinnipeds and cetaceans
                                                  zones accordingly.                                                designated exclusion zone prior to                              that are missed during the initial
                                                    NMFS-approved protected species                                 commencement of pile driving, the                               exclusion zone monitoring will not be
                                                  observers (PSO) shall conduct initial                             observer(s) must notify the Resident                            injured.
                                                  survey of the exclusion zones to ensure                           Engineer (or other authorized                                   Shut-Down Measure
                                                  that no marine mammals are seen                                   individual) immediately and continue
                                                  within the zones before impact pile                               to monitor the exclusion zone.                                     CALTRANS shall implement
                                                  driving of a pile segment begins. If                              Operations may not resume until the                             shutdown measures if a marine mammal
                                                  marine mammals are found within the                               marine mammal has exited the                                    is sighted approaching the Level A
                                                  exclusion zone, impact pile driving of                            exclusion zone.                                                 exclusion zone, or within 10 m of the
                                                  the segment would be delayed until                                                                                                pile driving and pile removal
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                    Soft Start
                                                  they move out of the area. If a marine                                                                                            equipment, whichever is smaller. In-
                                                  mammal is seen above water and then                                 In order to provide additional                                water construction activities shall be
                                                  dives below, the contractor would wait                            protection to marine mammals near the                           suspended until the marine mammal is
                                                  15 minutes for pinnipeds and small                                project area by allowing marine                                 sighted moving away from the exclusion
                                                  cetaceans (harbor porpoises and                                   mammals to vacate the area prior to                             zone, or if a pinniped, harbor porpoise,
                                                  bottlenose dolphins), and 30 minutes for                          receiving a higher noise exposure,                              or bottlenose dolphin is not sighted for
                                                  gray whales. If no marine mammals are                             CALTRANS and its contractor will also                           15 minutes after the shutdown, or if a


                                             VerDate Sep<11>2014      20:49 Sep 29, 2016     Jkt 238001     PO 00000        Frm 00030       Fmt 4703       Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                                               Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                                       67319

                                                  gray whale is not sighted for 30 minutes                  Time Restriction                                           CALTRANS will establish an
                                                  after the shutdown.                                         Implosion of Piers E4 and E5 would                     exclusion zone for both the mortality
                                                     CALTRANS shall implement                               only be conducted during daylight                        and Level A harassment zone
                                                  shutdown if a species for which                           hours and with enough time for pre and                   (permanent hearing threshold shift or
                                                  authorization has not been granted                        post implosion monitoring, and with                      PTS, GI track injury, and slight lung
                                                  (including but not limited to Guadalupe                   good visibility when the largest                         injury) using the largest radius
                                                                                                            exclusion zone can be visually                           estimated harbor and northern elephant
                                                  fur seals) or if a species for which
                                                                                                            monitored.                                               seals. CALTRANS will use measured
                                                  authorization has been granted but the
                                                                                                                                                                     distances to marine mammal threshold
                                                  authorized takes are met, approaches or                   Installation of Blast Attenuation System                 distances from the implosion of Pier E3
                                                  is observed within the Level B                                                                                     as predicted distances to the thresholds
                                                                                                              Prior to the Piers E4 and E5
                                                  harassment zone.                                                                                                   for the implosions of Piers E4 and E5
                                                                                                            demolition, CALTRANS shall install a
                                                  2. Mitigation Measures for Confined                       Blast Attenuation System (BAS) as                        (Table 4). The use of measured peak
                                                  Implosion                                                 described above to reduce the                            pressure, cumulative sound exposure
                                                                                                            shockwave from the implosion.                            level (SEL), and impulse levels from the
                                                    For CALTRANS’ Piers E4 and E5                                                                                    Pier E3 implosion provide a
                                                  controlled implosion, NMFS requires                       Establishment of Level A Exclusion                       conservative estimate for the implosions
                                                  the following mitigation measures to                      Zone                                                     of Piers E4 and E5. The Piers E4 and E5
                                                  minimize the potential impacts to                           Due to the different hearing                           caisson structures are smaller than the
                                                  marine mammals in the project vicinity.                   sensitivities among different taxa of                    Pier E3 caisson structure and will
                                                  The primary purposes of these                             marine mammals, NMFS has                                 require fewer explosive charges to
                                                  mitigation measures are to minimize                       established a series of take thresholds                  implode. The maximum charge weight
                                                  sound levels from the activities, to                      from underwater explosions for marine                    for the implosions of Piers E4 and E5 is
                                                  monitor marine mammals within                             mammals belonging to different                           35 pounds/delay, the same as used for
                                                  designated exclusion zones and zones of                   functional hearing groups (Table 3).                     the implosion of Pier E3. However, the
                                                  influence (ZOI). Specific mitigation                      Under these criteria, marine mammals                     total explosive weight, number of
                                                  measures are described below.                             from different taxa will have different                  individual detonations, and total time of
                                                                                                            impact zones (exclusion zones and                        implosion event will be less for these
                                                                                                            zones of influence).                                     smaller piers.

                                                                      TABLE 3—NMFS TAKE THRESHOLDS FOR MARINE MAMMALS FROM UNDERWATER IMPLOSIONS
                                                                                                       Level B harassment                     Level A                       Serious injury
                                                                                                                                            harassment
                                                        Group                 Species                                                                                                                       Mortality
                                                                                                                                                                    Gastro-
                                                                                                 Behavioral                 TTS                                                           Lung
                                                                                                                                                PTS             intestinal tract

                                                  Mid-freq ceta-          Bottlenose dol-      167 dB SEL .....     172 dB SEL or        187 dB SEL or         237 dB SPL or        39.1M 1⁄3 (1+[D/    91.4M 1⁄3 (1+[D/
                                                    cean.                   phin.                                     224 dB               230 dB                104 psi.             10.081]) 1⁄2        10.081]) 1⁄2
                                                                                                                      SPLpk.               SPLpk.                                     Pa-sec.             Pa-sec
                                                                                                                                                                                    where: M =          where: M =
                                                                                                                                                                                      mass of the         mass of the
                                                                                                                                                                                      animals in kg.      animals in kg
                                                                                                                                                                                    D = depth of        D = depth of
                                                                                                                                                                                      animal in m.        animal in m.
                                                  High-freq ceta-         Harbor por-          141 dB SEL .....     146 dB SEL or        161 dB SEL or
                                                    cean.                   poise.                                    195 dB               201 dB
                                                                                                                      SPLpk.               SPLpk.
                                                  Phocidae ...........    Harbor seal &        172 dB SEL .....     177 dB SEL or        192 dB SEL or
                                                                           northern ele-                              212 dB               218 dB
                                                                           phant seal.                                SPLpk.               SPLpk.
                                                  Otariidae ...........   California sea       195 dB SEL .....     200 dB SEL or        215 dB SEL or
                                                                           lion & north-                              212 dBpk.            218 dB
                                                                           ern fur seal.                                                   SPLpk.
                                                     * Note: All dB values are referenced to 1 μPa. SPLpk = Peak sound pressure level; psi = pounds per square inch.

                                                   TABLE 4—MEASURED DISTANCES TO UNDERWATER BLASTING THRESHOLD CRITERIA FOR LEVELS A AND B HARASSMENT
                                                                                AND MORTALITY FROM THE PIER E3 IMPLOSION

                                                                                            Level B criteria                                             Level A criteria
                                                         Species                                                                                                                                           Mortality
                                                                                 Behavioral                                                             Gastro-intestinal
                                                                                                      TTS dual criteria *     PTS dual criteria *                                  Lung injury
                                                                                 response                                                                    track
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Harbor Seal ............   2,460 ft (750 m) ..      1,658 ft (505 m) ..     507 ft (155 m) .....     <100 ft (30 m) .....    <100 ft (30 m) .....   <100 ft (30 m).
                                                                                                      104 ft (32 m) .......   65 ft (20 m).
                                                  California Sea Lion        387 ft (118 m) .....     261 ft (80 m) .......   80 ft (24 m) .........   <100 ft (30 m) .....    <100 ft (30 m) .....   <100 ft (30 m).
                                                                                                      104 ft (32 m) .......   65 ft (20 m).
                                                  Northern Elephant          2,460 ft (750 m) ..      1,658 ft (505 m) ..     507 ft (155 m) .....     <100 ft (30 m) .....    <100 ft (30 m) .....   <100 ft (30 m).
                                                    Seal.                                             104 ft (32 m) .......   65 ft (20 m).
                                                  Northern fur seal ....     387 ft (118 m) .....     261 ft (80 m) .......   80 ft (24 m) .........   <100 ft (30 m) .....    <100 ft (30 m) .....   <100 ft (30 m).
                                                                                                      104 ft (32 m) .......   65 ft (20 m).



                                             VerDate Sep<11>2014    20:49 Sep 29, 2016   Jkt 238001   PO 00000    Frm 00031   Fmt 4703   Sfmt 4703     E:\FR\FM\30SEN1.SGM     30SEN1


                                                  67320                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                   TABLE 4—MEASURED DISTANCES TO UNDERWATER BLASTING THRESHOLD CRITERIA FOR LEVELS A AND B HARASSMENT
                                                                          AND MORTALITY FROM THE PIER E3 IMPLOSION—Continued

                                                                                         Level B criteria                                              Level A criteria
                                                         Species                                                                                                                                        Mortality
                                                                               Behavioral                                                             Gastro-intestinal
                                                                                                     TTS dual criteria *     PTS dual criteria *                                Lung injury
                                                                               response                                                                    track

                                                  Harbor Porpoise .....    8,171 ft (2,491 m)        5,580 ft (1,701 m)      1,777 ft (542 m) ..     <100 ft (30 m) .....   <100 ft (30 m) .....   <100 ft (30 m).
                                                                                                     400 ft (122 m) .....    249 ft (76 m).
                                                  Bottlenose Dolphin       1,255 ft (383 m) ..       855 ft (261 m) .....    271 ft (83 m) .......   <100 ft (30 m) .....   <100 ft (30 m) .....   <100 ft (30 m).
                                                                                                     202 ft (62 m) .......   112 ft (34 m).
                                                     Note: * For the TTS and PTS criteria thresholds with dual criteria, the largest criteria distances (i.e., more conservative) are shown in bold.


                                                  Establishment of Level B Temporary                       Communication                                           wherever possible (goals 2, 3, and 4 may
                                                  Hearing Threshold Shift (TTS) Zone of                                                                            contribute to this goal).
                                                                                                              All PSOs will be equipped with                          (2) A reduction in the numbers of
                                                  Influence
                                                                                                           mobile phones and a VHF radio as a                      marine mammals (total number or
                                                     As shown in Table 3, for harbor and                   backup. One person will be designated                   number at biologically important time
                                                  northern elephant seals, this will cover                 as the Lead PSO and will be in constant                 or location) exposed to received levels
                                                  the area out to 212 dB peak SPL or 177                   contact with the Resident Engineer on                   of pile driving and pile removal or other
                                                  dB SEL, whichever extends out the                        site and the blasting crew. The Lead                    activities expected to result in the take
                                                  furthest. Hydroacoustic modeling                         PSO will coordinate marine mammal                       of marine mammals (this goal may
                                                  indicates this isopleth would extend out                 sightings with the other PSOs. PSOs                     contribute to 1, above, or to reducing
                                                  to 1,658 ft (505 m) from the pier. For                   will contact the other PSOs when a                      harassment takes only).
                                                  harbor porpoises, this will cover the                    sighting is made within the exclusion                      (3) A reduction in the number of
                                                  area out to 195 dB peak SPL or 146 dB                    zone or near the exclusion zone so that                 times (total number or number at
                                                  SEL, whichever extends out the furthest,                 the PSOs within overlapping areas of                    biologically important time or location)
                                                  to 5,580 ft (1,701 m) from the pier. As                  responsibility can continue to track the                individuals would be exposed to
                                                  discussed previously, the presence of                    animal and the Lead PSO is aware of the                 received levels of pile driving and pile
                                                  harbor porpoises in this area is unlikely                animal. If it is within 30 minutes of                   removal, or other activities expected to
                                                  but monitoring will be employed to                       blasting and an animal has entered the                  result in the take of marine mammals
                                                  confirm their absence. For California sea                exclusion zone or is near it, the Lead                  (this goal may contribute to 1, above, or
                                                  lions, the distance to the Level B TTS                   PSO will notify the Resident Engineer                   to reducing harassment takes only).
                                                  zone of influence will cover the area out                and blasting crew. The Lead PSO will                       (4) A reduction in the intensity of
                                                  to 212 dB peak SPL or 200 dB SEL. This                   keep them informed of the disposition                   exposures (either total number or
                                                  distance was calculated at 261 ft (80 m)                 of the animal.                                          number at biologically important time
                                                  from Pier E3, well within the exclusion                                                                          or location) to received levels of pile
                                                                                                           Mitigation Conclusions
                                                  zone previously described. Hearing                                                                               driving, or other activities expected to
                                                  group specific Level B TTS zone of                         NMFS has carefully evaluated the                      result in the take of marine mammals
                                                  influence ranges are provided in Table                   mitigation measures and considered a                    (this goal may contribute to (1) above, or
                                                  4.                                                       range of other measures in the context                  to reducing the severity of harassment
                                                                                                           of ensuring that NMFS prescribes the                    takes only).
                                                  Establishment of Level B Behavioral                      means of effecting the least practicable                   (5) Avoidance or minimization of
                                                  Zone of Influence                                        impact on the affected marine mammal                    adverse effects to marine mammal
                                                                                                           species and stocks and their habitat. Our               habitat, paying special attention to the
                                                     As shown in Table 3, for harbor seals                                                                         food base, activities that block or limit
                                                                                                           evaluation of potential measures
                                                  and northern elephant seals, this will                                                                           passage to or from biologically
                                                                                                           included consideration of the following
                                                  cover the area out to 172 dB SEL.                                                                                important areas, permanent destruction
                                                                                                           factors in relation to one another:
                                                  Hydroacoustic measurement indicates                                                                              of habitat, or temporary destruction/
                                                  this isopleth would extend out to 2,460                    • The manner in which, and the
                                                                                                           degree to which, the successful                         disturbance of habitat during a
                                                  ft (750 m) from the pier. For harbor                                                                             biologically important time.
                                                  porpoises, this will cover the area out to               implementation of the measure is
                                                                                                           expected to minimize adverse impacts                       (6) For monitoring directly related to
                                                  141 dB SEL. Hydroacoustic                                                                                        mitigation—an increase in the
                                                  measurement indicates this isopleth                      to marine mammals.
                                                                                                                                                                   probability of detecting marine
                                                  would extend out to 8,171 ft (2,941 m)                     • The proven or likely efficacy of the
                                                                                                                                                                   mammals, thus allowing for more
                                                  from the pier. As discussed previously,                  specific measure to minimize adverse
                                                                                                                                                                   effective implementation of the
                                                  the presence of harbor porpoises in this                 impacts as planned.
                                                                                                                                                                   mitigation.
                                                  area is unlikely but monitoring will be                    • The practicability of the measure                      Based on our evaluation of the
                                                  employed to confirm their absence. For                   for applicant implementation.                           applicant’s proposed mitigation
                                                  California sea lions, the distance to the                  Any mitigation measure(s) prescribed                  measures, as well as other measures
                                                  Level B behavioral harassment ZOI will                   by NMFS should be able to accomplish,                   considered by NMFS, NMFS has
mstockstill on DSK3G9T082PROD with NOTICES




                                                  cover the area out to 195 dB SEL. This                   have a reasonable likelihood of                         determined that the mitigation measures
                                                  distance was calculated at 387 ft (118 m)                accomplishing (based on current                         provide the means of effecting the least
                                                  from the pier, well within the exclusion                 science), or contribute to the                          practicable adverse impact on marine
                                                  zone previously described. Hearing                       accomplishment of one or more of the                    mammal species or stocks and their
                                                  group specific Level B TTS zone of                       general goals listed below:                             habitat, paying particular attention to
                                                  influence ranges are provided in Table                     (1) Avoidance or minimization of                      rookeries, mating grounds, and areas of
                                                  4.                                                       injury or death of marine mammals                       similar significance.


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00032    Fmt 4703   Sfmt 4703    E:\FR\FM\30SEN1.SGM    30SEN1


                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                            67321

                                                  Monitoring and Reporting                                Monitoring Measures                                     • Behavior of marine animals sighted;
                                                     In order to issue an incidental take                                                                         • Direction of travel; and
                                                                                                          1. Monitoring for Pile Driving and Pile                 • When in relation to construction
                                                  authorization (ITA) for an activity,                    Removal                                               activities did the sighting occur (e.g.,
                                                  section 101(a)(5)(D) of the MMPA states
                                                                                                          (1) Visual Monitoring                                 before, ‘‘soft-start’’, during, or after the
                                                  that NMFS must set forth,
                                                                                                                                                                pile driving or removal).
                                                  ‘‘requirements pertaining to the                           NMFS made changes to the visual
                                                  monitoring and reporting of such                        monitoring protocol during CALTRANS’                  2. Monitoring for Confined Implosion of
                                                  taking.’’ The MMPA implementing                         pile driving and pile removal activities              Piers E4 and E5
                                                  regulations at 50 CFR 216.104(a)(13)                    based, on a comment from the Marine                      Monitoring for implosion impacts to
                                                  indicate that requests for ITAs must                    Mammal Commission. Specifically, the                  marine mammals will be based on the
                                                  include the suggested means of                          revised visual monitoring protocol                    SFOBB pile driving monitoring
                                                  accomplishing the necessary monitoring                  requires that PSOs conduct 100 percent                protocol. Pile driving has been
                                                  and reporting that will result in                       visual monitoring of marine mammals                   conducted for the SFOBB construction
                                                  increased knowledge of the species and                  during all pile driving and pile removal              project since 2000 with development of
                                                  of the level of taking or impacts on                    activities. In the proposed IHA, only 20              several NMFS-approved marine
                                                  populations of marine mammals that are                  percent visual monitoring would have                  mammal monitoring plans (CALTRANS
                                                  expected to be present in the proposed                  been required for Level B harassment                  2004; 2013). Most elements of these
                                                  action area. CALTRANS has proposed                      zones during vibratory pile driving and               marine mammal monitoring plans are
                                                  marine mammal monitoring measures as                    pile removal activities. A complete                   similar to what would be required for
                                                  part of the IHA application. It can be                  description of the monitoring measure is              underwater implosions. These
                                                  found at http://www.nmfs.noaa.gov/pr/                   provided below.                                       monitoring plans would include
                                                  permits/incidental.htm.                                    Besides using monitoring for
                                                     Monitoring measures prescribed by                                                                          monitoring an exclusion zone and ZOIs
                                                                                                          implementing mitigation (ensuring                     for TTS and behavioral harassment
                                                  NMFS should accomplish one or more                      exclusion zones are clear of marine
                                                  of the following general goals:                                                                               described above.
                                                                                                          mammals before pile driving begins and
                                                     (1) An increase in the probability of                                                                      (1) Protected Species Observers
                                                                                                          after shutdown measures), marine
                                                  detecting marine mammals, both within
                                                                                                          mammal monitoring will also be                          A minimum of 8–10 PSOs would be
                                                  the mitigation zone (thus allowing for
                                                                                                          conducted to assess potential impacts                 required during the Piers E4 and E5
                                                  more effective implementation of the
                                                                                                          from CALTRANS construction                            controlled implosion so that the
                                                  mitigation) and in general to generate
                                                                                                          activities. CALTRANS will implement                   exclusion zone, Level B Harassment
                                                  more data to contribute to the analyses
                                                                                                          onsite marine mammal monitoring for                   TTS and Behavioral ZOIs, and
                                                  mentioned below;
                                                     (2) An increase in our understanding                 all unattenuated impact pile driving of               surrounding area can be monitored. One
                                                  of how many marine mammals are                          H-piles for 180– and 190–dB re 1 mPa                  PSO would be designated as the Lead
                                                  likely to be exposed to levels of pile                  exclusion zones and 160–dB re 1 mPa                   PSO and would receive updates from
                                                  driving that we associate with specific                 Level B harassment zone and attenuated                other PSOs on the presence or absence
                                                  adverse effects, such as behavioral                     impact pile driving (except pile                      of marine mammals within the
                                                  harassment, TTS, or PTS;                                proofing) for 180– and 190–dB re 1 mPa                exclusion zone and would notify the
                                                     (3) An increase in our understanding                 exclusion zones. CALTRANS will also                   Environmental Compliance Manager of
                                                  of how marine mammals respond to                        monitor all attenuated impact pile                    a cleared exclusion zone prior to the
                                                  stimuli expected to result in take and                  driving for the 160–dB re 1 mPa Level B               implosion.
                                                  how anticipated adverse effects on                      harassment zone, and all vibratory pile
                                                                                                                                                                (2) Monitoring Protocol
                                                  individuals (in different ways and to                   driving for the 120–dB re 1 mPa Level B
                                                  varying degrees) may impact the                         harassment zone.                                        Implosions of Piers E4 and E5 will be
                                                  population, species, or stock                                                                                 conducted only during daylight hours
                                                                                                          (2) Protected Species Observers                       and with enough time for pre and post-
                                                  (specifically through effects on annual
                                                  rates of recruitment or survival) through                  Monitoring of the pinniped and                     implosion monitoring, and with good
                                                  any of the following methods:                           cetacean exclusion zones shall be                     weather (i.e., clear skies and no high
                                                     D Behavioral observations in the                     conducted by a minimum of three                       winds). This work will be conducted so
                                                  presence of stimuli compared to                         qualified NMFS-approved PSOs.                         that PSOs will be able to detect marine
                                                  observations in the absence of stimuli                  Observations will be made using high-                 mammals within the exclusion zones
                                                  (need to be able to accurately predict                  quality binoculars (e.g., Zeiss, 10 × 42              and beyond. The Lead PSO will be in
                                                  received level, distance from source,                   power). PSOs will be equipped with                    contact with other PSOs. If any marine
                                                  and other pertinent information);                       radios or cell phones for maintaining                 mammals enter an exclusion zone
                                                     D Physiological measurements in the                  contact with other observers and                      within 30 minutes of blasting, the Lead
                                                  presence of stimuli compared to                         CALTRANS engineers, and range                         PSO will notify the Environmental
                                                  observations in the absence of stimuli                  finders to determine distance to marine               Compliance Manager that the implosion
                                                  (need to be able to accurately predict                  mammals, boats, buoys, and                            may need to be delayed. The Lead PSO
                                                  received level, distance from source,                   construction equipment.                               will keep the Environmental
                                                  and other pertinent information);                                                                             Compliance Manager informed about
                                                                                                          (3) Data Collection
                                                     D Distribution and/or abundance                                                                            the disposition of the animal. If the
                                                                                                            Data on all observations will be                    animal remains in the exclusion zone,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  comparisons in times or areas with
                                                  concentrated stimuli versus times or                    recorded and will include the following               blasting will be delayed until it has left
                                                  areas without stimuli;                                  information:                                          the exclusion zone. If the animal dives
                                                     (4) An increased knowledge of the                      • Location of sighting;                             and is not seen again, blasting will be
                                                  affected species; and                                     • Species;                                          delayed at least 15 minutes. After the
                                                     (5) An increase in our understanding                   • Number of individuals;                            implosion has occurred, the PSOs will
                                                  of the effectiveness of certain mitigation                • Number of calves present;                         continue to monitor the area for at least
                                                  and monitoring measures.                                  • Duration of sighting;                             60 minutes.


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                  67322                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  (3) Data Collection                                     minimization measures likely will                     blasting activities, and corresponding
                                                     Each PSO will record the observation                 prevent any injuries, preparations will               ZOI have been determined based on
                                                  position, start and end times of                        be made in the unlikely event that                    underwater sound and pressure
                                                  observations, and weather conditions                    marine mammals are injured. Elements                  measurements collected during pervious
                                                  (i.e., sunny/cloudy, wind speed, fog,                   of the plan will include the following:               activities in the SFOBB Project area. The
                                                  visibility). For each marine mammal                        1. The stranding crew will prepare                 numbers of marine mammals by species
                                                                                                          treatment areas at an NMFS-designated                 that may be taken by each type of take
                                                  sighting, the following will be recorded,
                                                                                                          facility for cetaceans or pinnipeds that              were calculated based on distance to the
                                                  if possible:
                                                     • Species.                                           may be injured from the implosions.                   specific marine mammal harassment
                                                     • Number of animals (with or without                 Preparation will include equipment to                 thresholds, number of days of the
                                                  pup/calf).                                              treat lung injuries, auditory testing                 activity, and the estimated density of
                                                     • Age class (pup/calf, juvenile, adult).             equipment, dry and wet caged areas to                 each species in the ZOI.
                                                     • Identifying marks or color (e.g.,                  hold animals, and operating rooms if
                                                                                                                                                                Estimates of Species Densities of Marine
                                                  scars, red pelage, damaged dorsal fin).                 surgical procedures are necessary.
                                                                                                                                                                Mammals
                                                     • Position relative to Piers E4 or E5                   2. A stranding crew and a veterinarian
                                                  (distance and direction).                               will be on call near the Piers E4 and E5                No systematic line transect surveys of
                                                     • Movement (direction and relative                   area at the time of the implosions, to                marine mammals have been performed
                                                  speed).                                                 quickly recover any injured marine                    in the San Francisco Bay. Therefore, the
                                                     • Behavior (e.g., logging [resting at                mammals, provide emergency                            in-water densities of harbor seals,
                                                  the surface], swimming, spy-hopping                     veterinary care, stabilize the animal’s               California sea lions, and harbor
                                                  [raising above the water surface to view                condition, and transport individuals to               porpoises were calculated based on 15
                                                  the area], foraging).                                   an NMFS-designated facility. If an                    years of observations during monitoring
                                                                                                          injured or dead animal is found, NMFS                 for the SFOBB construction and
                                                  (4) Post-Implosion Survey                               (both the regional office and                         demolition. The amount of monitoring
                                                    Although any injury or mortality from                 headquarters) will be notified                        performed per year varied depending on
                                                  the implosions of Piers E4 and E5 is                    immediately, even if the animal appears               the frequency and duration of
                                                  very unlikely, boat or shore surveys will               to be sick or injured from causes other               construction activities with the
                                                  be conducted for three days following                   than the implosions.                                  potential to affect marine mammals.
                                                  the event, to determine whether any                        3. Post-implosion surveys will be                  During the 237 days of monitoring from
                                                  injured or stranded marine mammals                      conducted immediately after the event                 2000 through 2015 (including 15 days of
                                                  are in the area. If an injured or dead                  and over the following three days to                  baseline monitoring in 2003), 822
                                                  animal is discovered during these                       determine whether any injured or dead                 harbor seals, 77 California sea lions, and
                                                  surveys or by other means, the NMFS-                    marine mammals are in the area.                       nine harbor porpoises were observed
                                                  designated stranding team will be                          4. Any veterinarian procedures,                    within the waters of the SFOBB east
                                                  contacted to pick up the animal.                        euthanasia, rehabilitation decisions, and             span. Density estimates for other species
                                                  Veterinarians will treat the animal or                  time of release or disposition of the                 were made from stranding data,
                                                  will conduct a necropsy to attempt to                   animal will be at the discretion of the               provided by the Marine Mammal Center
                                                  determine whether it stranded because                   NMFS-designated facility staff and the                (MMC).
                                                  of the Piers E4 and E5 implosions.                      veterinarians treating the animals. Any
                                                                                                                                                                1. Pacific Harbor Seal Density Estimates
                                                                                                          necropsies to determine whether the
                                                  Reporting Measures                                      injuries or death of an animal was the                   Harbor seal density was calculated
                                                    CALTRANS would be required to                         result of an implosion or other                       from all observations of animals in
                                                  submit a draft monitoring report within                 anthropogenic or natural causes will be               water during SFOBB Project monitoring
                                                  90 days after completion of the                         conducted at an NMFS-designated                       from 2000 to 2015, divided by the size
                                                  construction work or the expiration of                  facility by the stranding crew and                    of the project area. These observations
                                                  the IHA, whichever comes earlier. This                  veterinarians. The results will be                    included data from baseline, pre-,
                                                  draft report would detail the monitoring                communicated to both the CALTRANS                     during and post-pile driving,
                                                  protocol, summarize the data recorded                   and to NMFS as soon as possible,                      mechanical dismantling, onshore
                                                  during monitoring, and estimate the                     followed by a written report within a                 blasting, and offshore implosion
                                                  number of marine mammals that may                       month.                                                activities. During this time, the
                                                  have been harassed. NMFS would have                                                                           population of harbor seals in the Bay
                                                  an opportunity to provide comments on                   Estimated Take by Incidental                          remained stable (Manugian 2013).
                                                  the draft report within 30 days, and if                 Harassment                                            Therefore, substantial differences in
                                                  NMFS has comments, CALTRANS                                Except with respect to certain                     numbers or behaviors of seals hauling
                                                  would address the comments and                          activities not pertinent here, the MMPA               out, foraging, or in their movements are
                                                  submit a final report to NMFS within 30                 defines ‘‘harassment’’ as: Any act of                 not anticipated. All harbor seal
                                                  days. If no comments are provided by                    pursuit, torment, or annoyance, which                 observations within a 1 km2 area were
                                                  NMFS after 30 days receiving the report,                (i) has the potential to injure a marine              used in the estimate. Distances were
                                                  the draft report is considered to be final.             mammal or marine mammal stock in the                  recorded using a laser range finder
                                                                                                          wild (Level A harassment) or (ii) has the             (Bushnell Yardage Pro Elite 1500; ± 1.0
                                                  Marine Mammal Stranding Plan                            potential to disturb a marine mammal or               yard accuracy). Care was taken to
                                                    A stranding plan for the Pier E3                      marine mammal stock in the wild by                    eliminate multiple observations of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  implosion was prepared in cooperation                   causing disruption of behavioral                      same animal, although this was difficult
                                                  with the local NMFS-designated marine                   patterns, including, but not limited to,              when more than three seals were
                                                  mammal stranding, rescue, and                           migration, breathing, nursing, breeding,              foraging in the same area.
                                                  rehabilitation center. An updated                       feeding, or sheltering (Level B                          Density of harbor seals was highest
                                                  version of this plan will be                            harassment).                                          near YBI and Treasure Island, probably
                                                  implemented during implosions of Piers                     The distance to marine mammal                      because of the haul-out site and nearby
                                                  E4 and E5. Although avoidance and                       threshold criteria for pile driving and               foraging areas in Coast Guard and


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00034   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                                                      Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                                                             67323

                                                  Clipper coves. Therefore, density                                     3. Northern Elephant Seal Density                                         2015. These observations included data
                                                  estimates were calculated for a higher                                Estimates                                                                 from baseline, pre, during and post-pile
                                                  density area within 4,921 ft (1,500 m)                                                                                                          driving, and onshore implosion
                                                                                                                           Northern elephant seal density in the
                                                  west of Piers E4 and E5, which included                                                                                                         activities. Over this period, the number
                                                                                                                        project area was calculated from the
                                                  the two foraging coves. A lower density                                                                                                         of harbor porpoises that were observed
                                                                                                                        stranding records of the MMC, from
                                                  estimate was calculated from the areas                                                                                                          entering and using the Bay increased.
                                                                                                                        2004 to 2014. These data included both
                                                  east of Piers E4 and E5, and beyond                                                                                                             During the 15 years of monitoring in the
                                                                                                                        injured or sick seals and healthy seals.
                                                  4,921 ft (1,500 m) north and south of the                                                                                                       SFOBB Project area, only nine harbor
                                                  bridge. Harbor seal densities in these                                Approximately 100 elephant seals were
                                                                                                                        reported in the Bay during this time;                                     porpoises were observed, and all
                                                  two areas in spring-summer and fall-
                                                                                                                        most of these hauled out and likely were                                  occurred between 2006 and 2015
                                                  winter seasons are provided in Table 5.
                                                                                                                        sick or starving. The actual number of                                    (including two in 2014 and five in
                                                  2. California Sea Lion Density Estimates                              individuals in the Bay may have been                                      2015). Density of harbor porpoise is
                                                     Within the SFOBB Project area,                                     higher because not all individuals                                        estimated to be 0.021 animal/km2 (Table
                                                  California sea lion density was                                       would necessarily have hauled out.                                        5).
                                                  calculated from all observations of                                   Some individuals may have simply left
                                                                                                                        the Bay soon after entering. Data from                                    5. Gray Whale Density Estimate
                                                  animals in water during SFOBB Project
                                                  monitoring from 2000 to 2015, divided                                 the MMC show several elephant seals                                          Gray whale density was estimated for
                                                  by the size of the project area. These                                stranding on Treasure Island, and one                                     the entire Bay as no observations have
                                                  observations included data from                                       healthy elephant seal was observed                                        occurred of gray whales in the SFOBB
                                                  baseline, pre, during, and post-pile                                  resting on the beach in Clipper Cove in
                                                                                                                                                                                                  Project area. Each year, two to six gray
                                                  driving, mechanical dismantling,                                      2012. Elephant seal pups or juveniles
                                                                                                                                                                                                  whales enter the Bay, presumably to
                                                  onshore blasting, and offshore                                        also may have stranded after weaning in
                                                                                                                                                                                                  feed, in the late winter through spring
                                                  implosion activities. All sea lion                                    the spring and when they returned to
                                                                                                                        California in the fall (September through                                 (February through April), per the MMC.
                                                  observations within a 1 km2 area were
                                                                                                                        November). Density of northern                                            Gray whales rarely occur in the Bay
                                                  used in the estimate. Distances were
                                                  recorded using a laser range finder                                   elephant seal is estimated as the number                                  from October through December. The
                                                  (Bushnell Yardage Pro Elite 1500; ± 1.0                               of stranded seals over the SFOBB                                          gray whale density was estimated based
                                                  yard accuracy). Care was taken to                                     project area, which is 0.03 animal/km2                                    on a maximum of 6 whales occurring
                                                  eliminate multiple observations of the                                (Table 5).                                                                within the main area of San Francisco
                                                  same animal, although most sea lion                                                                                                             Bay, which yielded a density of
                                                                                                                        4. Harbor Porpoise Density Estimates                                      0.00004/km2 (Thorson, pers. comm.,
                                                  observations involve a single animal.
                                                     California sea lion densities in late                                Harbor porpoise density was                                             2014).
                                                  spring-early summer and late summer-                                  calculated from all observations during
                                                  fall seasons are provided in Table 5.                                 SFOBB Project monitoring, from 2000 to

                                                                        TABLE 5—ESTIMATED IN-WATER DENSITY OF MARINE MAMMALS IN THE SFOBB PROJECT AREA
                                                                                                                                                                                                                                         Density east
                                                                                                                                                                                                                         Density west     of piers E4
                                                                                                                                                                                                                          of piers E4   and E5 and/or
                                                                                                                                                                                                                        and E5 within
                                                                                   Species                                                             Main season of occurrence                                                            beyond
                                                                                                                                                                                                                          1,500 m of      1,500 m of
                                                                                                                                                                                                                            SFOBB           SFOBB
                                                                                                                                                                                                                        (animals/km2)   (animals/km2)

                                                  Harbor Seal ..................................................................   Spring–Summer ............................................................                    0.32           0.17
                                                  Harbor Seal ..................................................................   Fall–Winter ....................................................................              0.83           0.17
                                                  California Sea Lion .......................................................      Late Summer–Fall (post breeding season) ..................                                    0.09           0.09
                                                  California Sea Lion .......................................................      Late Spring–Early Summer (breeding season) ............                                       0.04           0.04
                                                  Northern Elephant Seal ................................................          Late Spring–Early Winter .............................................                        0.03           0.03
                                                  Harbor Porpoise ...........................................................      All Year .........................................................................           0.021          0.021
                                                  Gray Whale ...................................................................   Late Winter and Spring ................................................                   0.00004         0.00004
                                                     Note: Densities for Pacific harbor seals, California sea lions and harbor porpoises are based on monitoring for the east span of the SFOBB
                                                  from 2000 to 2013. Gray whale and elephant seal densities are estimated from sighting and stranding data from the MMC.


                                                  Estimated Takes by Pile Driving and Pile                              previously measured distances to                                          northern fur seal and bottlenose
                                                  Removal                                                               thresholds during the driving of 42-                                      dolphin, NMFS worked with
                                                                                                                        inch-diameter (1.07 meters) pipe piles.                                   CALTRANS and allotted 20 northern fur
                                                    The numbers of marine mammals by                                    The same threshold distances have been                                    seals and 10 bottlenose dolphin for
                                                  species that may be taken by pile                                     applied to all types and sizes of piles                                   incidental take by Level B behavioral
                                                  driving were calculated by multiplying                                proposed for installation and removal                                     harassment to cover the chance
                                                  the ensonified area above a specific                                  (i.e., H-piles, and pipe piles equal to or
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                                  encounter in case these animals happen
                                                  species exposure threshold by the days                                less than 36 inches (0.91 meter)). The                                    to occur in the project area.
                                                  of the activity and by the estimated                                  take estimate is based on 132 days of
                                                  density of each species in the ensonified                             pile driving to install 200 piles.                                          A summary of estimated takes by in-
                                                  area. As discussed above, threshold                                      For rare species of which the density                                  water pile driving and pile removal is
                                                  distances were determined based on                                    estimates are unknown, such as                                            provided in Table 6.




                                             VerDate Sep<11>2014        20:49 Sep 29, 2016       Jkt 238001      PO 00000      Frm 00035       Fmt 4703      Sfmt 4703       E:\FR\FM\30SEN1.SGM             30SEN1


                                                  67324                                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                                    TABLE 6—ESTIMATED TAKE OF MARINE MAMMALS FROM PILE DRIVING AND PILE REMOVAL ACTIVITIES
                                                                                                                                                                                                                                Level B
                                                                                                                                                                                                                              harassment          Level A
                                                                                                                                Species                                                                                       (behavioral       harassment
                                                                                                                                                                                                                               response)

                                                  Pacific Harbor Seal ..................................................................................................................................................               862                    0
                                                  California Sea Lion ..................................................................................................................................................               108                    0
                                                  Northern Elephant Seal ...........................................................................................................................................                    13                    0
                                                  Harbor Porpoise .......................................................................................................................................................               13                    0
                                                  Gray Whale ..............................................................................................................................................................              1                    0
                                                  Northern fur seal ......................................................................................................................................................              20                    0
                                                  Bottlenose dolphin ...................................................................................................................................................                10                    0



                                                    The number of marine mammals by                                          mammal threshold for explosions (Table                                     takes by controlled implosion is
                                                  species that may be taken by implosion                                     4) and the estimated density of each                                       provided in Table 8.
                                                  of Piers E4 and E5 were calculated                                         species in the ensonified areas (Table 5).
                                                  based on distances to the marine                                           A summary of estimated and requested

                                                     TABLE 7—ESTIMATED EXPOSURES OF MARINE MAMMALS TO THE PIER E4 AND E5 IMPLOSIONS FOR LEVELS A AND B,
                                                                                             AND MORTALITY

                                                                                                                               Level B exposures                                                  Level A exposures

                                                                                                                                                                                                         Gastro-
                                                                           Species                                                                                                                                                               Mortality
                                                                                                                        Behavioral                                                                      intestinal            Slight lung
                                                                                                                                                       TTS                       PTS
                                                                                                                        response                                                                          track                  injury
                                                                                                                                                                                                          injury

                                                  Pacific Harbor Seal ..................................                                 1                          1                         0                          0                  0                0
                                                  California Sea Lion ..................................                                 0                          0                         0                          0                  0                0
                                                  Northern Elephant Seal ...........................                                     0                          0                         0                          0                  0                0
                                                  Harbor Porpoise .......................................                                0                          0                         0                          0                  0                0



                                                     However, the number of marine                                           to account for potential high animal                                       adjustments were based on likely group
                                                  mammals in the area at any given time                                      density that could occur during the                                        sizes of these animals.
                                                  is highly variable. Animal movement                                        short window of controlled implosion,                                        A summary of estimated takes by
                                                  depends on time of day, tide levels,                                       NMFS worked with CALTRANS and                                              implosion of Piers E4 and E5 is
                                                  weather, and availability and                                              adjusted the estimated number upwards                                      provided in Table 8.
                                                  distribution of prey species. Therefore,                                   for the requested takes. These

                                                                TABLE 8—SUMMARY OF REQUESTED TAKES OF MARINE MAMMALS FOR THE PIER E4 AND E5 IMPLOSIONS
                                                                                                                                                                                                                               Level B
                                                                                                                                Species                                                                                                         Level B TTS
                                                                                                                                                                                                                              behavioral

                                                  Pacific harbor seal ...................................................................................................................................................               12                    6
                                                  California sea lion ....................................................................................................................................................               3                    2
                                                  Northern elephant seal ............................................................................................................................................                    2                    1
                                                  Harbor porpoise .......................................................................................................................................................                6                    3
                                                  Northern fur seal ......................................................................................................................................................               1                    1
                                                  Bottlenose dolphin ...................................................................................................................................................                 2                    2



                                                    A summary of the request incidental                                      implosion for Piers E4 and E5 is                                           since some individuals are likely taken
                                                  takes of marine mammals for                                                provided in Table 9. These take                                            on multiple days. The more likely the
                                                  CALTRANS SFOBB construction                                                estimates represent ‘‘instances’’ of take                                  individuals are to remain in the action
                                                  activity, including from in-water pile                                     and are likely overestimates of the                                        area for multiple days, the greater the
                                                  driving/pile removal and controlled                                        number of individual animals taken,                                        overestimate of individuals.

                                                                  TABLE 9—SUMMARY OF AUTHORIZED TAKES OF MARINE MAMMALS FOR CALTRANS SFOBB PROJECT
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                              Level B                                                            % take
                                                                                                     Species                                                                                          Level B TTS             Population
                                                                                                                                                                             behavioral                                                         population

                                                  Pacific harbor seal ...........................................................................................                         874                            6         30,968               2.84
                                                  California sea lion ............................................................................................                        111                            2        296,750               0.04
                                                  Northern elephant seal ....................................................................................                              15                            1        179,000               0.01
                                                  Harbor porpoise ...............................................................................................                          19                            3          9,886               0.22
                                                  Northern fur seal ..............................................................................................                         21                            1         12,844               0.17



                                             VerDate Sep<11>2014         20:49 Sep 29, 2016         Jkt 238001      PO 00000        Frm 00036       Fmt 4703       Sfmt 4703      E:\FR\FM\30SEN1.SGM              30SEN1


                                                                                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                                             67325

                                                       TABLE 9—SUMMARY OF AUTHORIZED TAKES OF MARINE MAMMALS FOR CALTRANS SFOBB PROJECT—Continued
                                                                                                                                                                         Level B                                           % take
                                                                                                     Species                                                                             Level B TTS        Population
                                                                                                                                                                        behavioral                                        population

                                                  Gray whale .......................................................................................................                1                  0         20,990           0.00
                                                  Bottlenose dolphin ...........................................................................................                   12                  2            323           4.33



                                                  Technical Guidance for Assessing the                                     expected to intentionally avoid                                activity associated with pile driving and
                                                  Effects of Anthropogenic Sound on                                        approaching within distances of this                           pile removal and controlled implosion
                                                  Marine Mammal Hearing                                                    slow-moving source that would result in                        to demolish Piers E4 and E5, and none
                                                                                                                           injury, we believe that injury is                              are authorized. The relatively low
                                                    On August 4, 2016, NMFS released its
                                                                                                                           unlikely. In summary, we have                                  marine mammal density, relatively
                                                  Technical Guidance for Assessing the
                                                                                                                           considered the new Guidance and                                small Level A harassment zones, and
                                                  Effects of Anthropogenic Sound on                                                                                                       robust mitigation plan make injury takes
                                                                                                                           believe that the likelihood of injury is
                                                  Marine Mammal Hearing (Guidance).                                                                                                       of marine mammals unlikely, based on
                                                                                                                           adequately addressed in the analysis
                                                  This new guidance established new                                                                                                       take calculation described above. In
                                                                                                                           and appropriate protective measures are
                                                  thresholds for predicting auditory                                                                                                      addition, the Level A exclusion zones
                                                                                                                           in place in the IHA.
                                                  injury, which equates to Level A                                                                                                        would be thoroughly monitored before
                                                  harassment under the MMPA. In the                                        Analysis and Determinations                                    the implosion, and detonation activity
                                                  Federal Register notice (81 FR 51694),                                                                                                  would be postponed if an marine
                                                                                                                           Negligible Impact
                                                  NMFS explained the approach it would                                                                                                    mammal is sighted within the exclusion
                                                  take during a transition period, wherein                                    Negligible impact is ‘‘an impact                            zone.
                                                  we balance the need to consider this                                     resulting from the specified activity that                        The takes that are anticipated and
                                                  new best available science with the fact                                 cannot be reasonably expected to, and is                       authorized are expected to be limited to
                                                  that some applicants have already                                        not reasonably likely to, adversely affect                     short-term Level B harassment
                                                  committed time and resources to the                                      the species or stock through effects on                        (behavioral and TTS). Marine mammals
                                                  development of analyses based on our                                     annual rates of recruitment or survival’’                      (Pacific harbor seal, northern elephant
                                                  previous guidance and have constraints                                   (50 CFR 216.103). A negligible impact                          seal, California sea lion, northern fur
                                                  that preclude the recalculation of take                                  finding is based on the lack of likely                         seal, gray whale, harbor porpoise, and
                                                  estimates, as well as where the action is                                adverse effects on annual rates of                             bottlenose dolphin) present in the
                                                  in the agency’s decision-making                                          recruitment or survival (i.e., population-                     vicinity of the action area and taken by
                                                  pipeline. In that Notice, we included a                                  level effects). An estimate of the number                      Level B harassment would most likely
                                                  non-exhaustive list of factors that would                                of Level B harassment takes, alone, is                         show overt brief disturbance (startle
                                                  inform the most appropriate approach                                     not enough information on which to                             reaction) and avoidance of the area from
                                                  for considering the new Guidance,                                        base an impact determination. In                               elevated noise level during pile driving
                                                  including: The scope of effects; how far                                 addition to considering estimates of the                       and pile removal and the implosion
                                                  in the process the applicant has                                         number of marine mammals that might                            noise. A few marine mammals could
                                                  progressed; when the authorization is                                    be ‘‘taken’’ through behavioral                                experience TTS if they occur within the
                                                  needed; the cost and complexity of the                                   harassment, NMFS must consider other                           Level B TTS ZOI during the two
                                                  analysis; and the degree to which the                                    factors, such as the likely nature of any                      implosion events. However, as
                                                  guidance is expected to affect our                                       responses (their intensity, duration,                          discussed early in this document, TTS
                                                  analysis. In this case, CALTRANS                                         etc.), the context of any responses                            is a temporary loss of hearing sensitivity
                                                  submitted an adequate and complete                                       (critical reproductive time or location,                       when exposed to loud sound, and the
                                                  application in a timely manner and                                       migration, etc.), as well as the number                        hearing threshold is expected to recover
                                                  indicated that they would need to                                        and nature of estimated Level A                                completely within minutes to hours.
                                                  receive an IHA (if issued) by early                                      harassment takes, the number of                                Therefore, it is not considered an injury.
                                                  September 2016. The CALTRANS                                             estimated mortalities, and effects on                          In addition, even if an animal receives
                                                  analysis put forth in the proposed IHA                                   habitat.                                                       a TTS, the TTS would be a one-time
                                                  contemplated the potential for small                                        To avoid repetition, this introductory                      event from a brief impulse noise (about
                                                  numbers of permanent or temporary                                        discussion of our analyses applies to all                      5 seconds), making it unlikely that the
                                                  threshold shift, but ultimately                                          the species listed in Table 9, given that                      TTS would involve into PTS. Finally,
                                                  concluded that permanent threshold                                       the anticipated effects of CALTRANS’                           there is no critical habitat or other
                                                  shift will not occur. Consideration of the                               SFOBB construction activities involving                        biologically important areas in the
                                                  new Guidance suggested that in the                                       pile driving and pile removal and                              vicinity of CALTRANS’ Pier E4 and E5
                                                  absence of mitigation a small number of                                  controlled implosions for Piers E4 and                         controlled implosion areas
                                                  Level A takes could potentially occur to                                 E5 on marine mammals are expected to                           (Calambokidis et al., 2015).
                                                  one harbor seal. However, CALTRANS                                       be relatively similar in nature. There is                         The project also is not expected to
                                                  has a robust and practicable monitoring                                  no information about the nature or                             have significant adverse effects on
                                                  and mitigation program—and in                                            severity of the impacts, or the size,                          affected marine mammals’ habitat, as
                                                  addition they enlarged the exclusion                                     status, or structure of any species or                         analyzed in detail in the ‘‘Anticipated
mstockstill on DSK3G9T082PROD with NOTICES




                                                  zone for pile driving from 95 m to 156                                   stock that would lead to a different                           Effects on Marine Mammal Habitat’’
                                                  m for 14″ H-pile and to 183 m for 36″                                    analysis for this activity, or else species-                   section. There is no biologically
                                                  steel pipe when driven by an impact                                      specific factors would be identified and                       important area in the vicinity of the
                                                  hammer, providing further protection.                                    analyzed.                                                      SFOBB project area. The project
                                                  When this mitigation is considered in                                       No injuries or mortalities are                              activities would not permanently
                                                  combination with the fact that a fair                                    anticipated to occur as a result of                            modify existing marine mammal habitat.
                                                  number of marine mammals are                                             CALTRANS’ SFOBB construction                                   The activities may kill some fish and


                                             VerDate Sep<11>2014        20:49 Sep 29, 2016         Jkt 238001      PO 00000       Frm 00037       Fmt 4703       Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                  67326                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  cause other fish to leave the area                      marine mammals, as none are known to                    Draft agendas and additional
                                                  temporarily, thus impacting marine                      occur in the action area.                             information regarding the Commission
                                                  mammals’ foraging opportunities in a                                                                          are available on our Web site:
                                                                                                          National Environmental Policy Act
                                                  limited portion of the foraging range;                                                                        www.cfa.gov. Inquiries regarding the
                                                  but, because of the short duration of the                 NMFS prepared an Environmental                      agenda and requests to submit written
                                                  activities and the relatively small area of             Assessment (EA) for the take of marine                or oral statements should be addressed
                                                  the habitat that may be affected, the                   mammals incidental to construction of                 to Thomas Luebke, Secretary, U.S.
                                                  impacts to marine mammal habitat are                    the East Span of the SFOBB and made                   Commission of Fine Arts, at the above
                                                  not expected to cause significant or                    a Finding of No Significant Impact                    address; by emailing staff@cfa.gov; or by
                                                  long-term negative consequences.                        (FONSI) on November 4, 2003. Due to                   calling 202–504–2200. Individuals
                                                    Based on the analysis contained                       the modification of part of the                       requiring sign language interpretation
                                                  herein of the likely effects of the                     construction project and the mitigation               for the hearing impaired should contact
                                                  specified activity on marine mammals                    measures, NMFS reviewed additional                    the Secretary at least 10 days before the
                                                  and their habitat, and taking into                      information from CALTRANS regarding                   meeting date.
                                                  consideration the implementation of the                 empirical measurements of pile driving                  Dated September 19, 2016 in Washington,
                                                  monitoring and mitigation measures,                     noises for the smaller temporary piles                DC.
                                                  NMFS finds that the total marine                        without an air bubble curtain system                  Thomas Luebke,
                                                  mammal take from CALTRANS’s                             and the use of vibratory pile driving.
                                                                                                                                                                Secretary.
                                                  SFOBB construction activity and the                     NMFS prepared a Supplemental
                                                                                                                                                                [FR Doc. 2016–23120 Filed 9–29–16; 8:45 am]
                                                  associated Piers E4 and E5 demolition                   Environmental Assessment (SEA) and
                                                                                                          analyzed the potential impacts to                     BILLING CODE 6330–01–M
                                                  via controlled implosion will have a
                                                  negligible impact on the affected marine                marine mammals that would result from
                                                  mammal species or stocks.                               the modification of the action. A FONSI
                                                                                                          was signed on August 5, 2009. In                      COMMITTEE FOR PURCHASE FROM
                                                  Small Numbers                                           addition, for CALTRANS’ Piers E4 and                  PEOPLE WHO ARE BLIND OR
                                                    The requested takes represent less                    E5 demolition using controlled                        SEVERELY DISABLED
                                                  than 4.33 percent of all populations or                 implosion, NMFS prepared an SEA and
                                                                                                          analyzed the potential impacts to                     Procurement List; Deletions
                                                  stocks potentially impacted (see Table 9
                                                  in this document). These take estimates                 marine mammals that would result from                 AGENCY: Committee for Purchase From
                                                  represent the percentage of each species                the modification. A FONSI was signed                  People Who Are Blind or Severely
                                                  or stock that could be taken by Level B                 on September 3, 2015. The activity and                Disabled.
                                                  behavioral harassment and TTS (Level B                  expected impacts remain within what                   ACTION: Deletions from the Procurement
                                                  harassment). The numbers of marine                      was previously analyzed in the EA and                 List.
                                                  mammals estimated to be taken are                       SEAs. Therefore, no additional NEPA
                                                  small proportions of the total                          analysis is warranted. A copy of the                  SUMMARY:   This action deletes products
                                                  populations of the affected species or                  SEA and FONSI is available upon                       from the Procurement List previously
                                                  stocks. In addition, the mitigation and                 request (see ADDRESSES).                              furnished by nonprofit agencies
                                                  monitoring measures (described                                                                                employing persons who are blind or
                                                                                                          Authorization
                                                  previously in this document) prescribed                                                                       have other severe disabilities.
                                                  in the IHA are expected to reduce even                    As a result of these determinations,                DATES: Effective Date: 10/30/2016.
                                                  further any potential disturbance to                    NMFS has issued an IHA to CALTRANS                    ADDRESSES: Committee for Purchase
                                                  marine mammals.                                         for the take of marine mammals, by                    From People Who Are Blind or Severely
                                                    Based on the analysis contained                       Level B harassment, incidental to                     Disabled, 1401 S. Clark Street, Suite
                                                  herein of the likely effects of the                     conducting SFOBB project in the San                   715, Arlington, Virginia, 22202–4149.
                                                  specified activity on marine mammals                    Francisco Bay, which also includes the
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  and their habitat, and taking into                      mitigation, monitoring, and reporting
                                                                                                          requirements described in this Notice.                Barry S. Lineback, Telephone: (703)
                                                  consideration the implementation of the                                                                       603–7740, Fax: (703) 603–0655, or email
                                                  mitigation and monitoring measures,                       Dated: September 26, 2016.                          CMTEFedReg@AbilityOne.gov.
                                                  NMFS finds that small numbers of                        Donna S. Wieting,                                     SUPPLEMENTARY INFORMATION:
                                                  marine mammals will be taken relative                   Director, Office of Protected Resources,
                                                  to the populations of the affected                      National Marine Fisheries Service.                    Deletions
                                                  species or stocks.                                      [FR Doc. 2016–23602 Filed 9–29–16; 8:45 am]             On 7/22/2016 (81 FR 47777–47778),
                                                  Impact on Availability of Affected                      BILLING CODE 3510–22–P                                the Committee for Purchase From
                                                  Species for Taking for Subsistence Uses                                                                       People Who Are Blind or Severely
                                                                                                                                                                Disabled published notice of proposed
                                                     There are no subsistence uses of                                                                           deletions from the Procurement List.
                                                  marine mammals in the project area;                     COMMISSION OF FINE ARTS
                                                                                                                                                                  After consideration of the relevant
                                                  and, thus, no subsistence uses impacted                 Notice of Meeting                                     matter presented, the Committee has
                                                  by this action. Therefore, NMFS has                                                                           determined that the products listed
                                                  determined that the total taking of                       The next meeting of the U.S.                        below are no longer suitable for
                                                  affected species or stocks would not                    Commission of Fine Arts is scheduled
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                procurement by the Federal Government
                                                  have an unmitigable adverse impact on                   for 20 October 2016, at 9:00 a.m. in the              under 41 U.S.C. 8501–8506 and 41 CFR
                                                  the availability of such species or stocks              Commission offices at the National                    51–2.4.
                                                  for taking for subsistence purposes.                    Building Museum, Suite 312, Judiciary
                                                                                                          Square, 401 F Street NW., Washington,                 Regulatory Flexibility Act Certification
                                                  Endangered Species Act
                                                                                                          DC 20001–2728. Items of discussion                      I certify that the following action will
                                                    NMFS has determined that issuance                     may include buildings, parks and                      not have a significant impact on a
                                                  of the IHA will have no effect on listed                memorials.                                            substantial number of small entities.


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1



Document Created: 2018-02-09 13:34:20
Document Modified: 2018-02-09 13:34:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of an incidental harassment authorization.
DatesThis authorization is effective from September 19, 2016 through September 18, 2017.
ContactShane Guan, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation81 FR 67313 
RIN Number0648-XE67

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR