82_FR_21882 82 FR 21793 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Mukilteo Multimodal Construction Project in Washington State

82 FR 21793 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Mukilteo Multimodal Construction Project in Washington State

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 89 (May 10, 2017)

Page Range21793-21808
FR Document2017-09417

NMFS has received a request from Washington State Department of Transportation (WSDOT) for authorization to take marine mammals incidental to Mukilteo Multimodal Construction Project in Washington State. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities.

Federal Register, Volume 82 Issue 89 (Wednesday, May 10, 2017)
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Notices]
[Pages 21793-21808]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF340


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Mukilteo Multimodal Construction 
Project in Washington State

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

ACTION: Proposed incidental harassment authorization (IHA); request for 
comments.

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SUMMARY: NMFS has received a request from Washington State Department 
of Transportation (WSDOT) for authorization to take marine mammals 
incidental to Mukilteo Multimodal Construction Project in Washington 
State. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to issue an IHA to incidentally 
take marine mammals during the specified activities.

DATES: Comments and information must be received no later than June 9, 
2017.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Physical comments should be sent to 
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments 
should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm without change. All personal 
identifying information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these 
documents, please call the contact listed above.

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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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).

National Environmental Policy Act

    Issuance of an MMPA 101(a)(5)(D) authorization requires compliance 
with the National Environmental Policy Act.
    NMFS preliminary determined the issuance of the proposed IHA is 
consistent with categories of activities identified in CE B4 (issuance 
of incidental harassment authorizations under section 101(a)(5)(A) and 
(D) of the MMPA for which no serious injury or mortality is 
anticipated) of the Companion Manual for NAO 216-6A and we have not 
identified any extraordinary circumstances listed in Chapter 4 of the 
Companion Manual for NAO 216-6A that would preclude this categorical 
exclusion.
    We will review all comments submitted in response to this notice 
prior to making a final decision as to whether application of this CE 
is appropriate in this circumstance.

[[Page 21794]]

Summary of Request

    NMFS received a request from WSDOT for an IHA to take marine 
mammals incidental to Mukilteo Multimodal Project in Mukilteo, 
Washington. WSDOT's request was for harassment only and NMFS concurs 
that serious injury or mortality is not expected to result from this 
activity. Therefore, an IHA is appropriate.
    On April 7, 2016, WSDOT submitted a request to NMFS requesting an 
IHA for the possible harassment of small numbers of marine mammal 
species incidental to construction associated with the Mukilteo 
Multimodal Project in Mukilteo, Washington, between August 1, 2017, and 
July 31, 2018. WSDOT subsequently updated its project scope and 
submitted a revised IHA application on April 10, 2017. NMFS determined 
the IHA application was complete on April 14, 2017. NMFS is proposing 
to authorize the take by Level A and Level B harassment of the 
following marine mammal species: Harbor seal (Phoca vitulina), 
California sea lion (Zalophus californianus), Steller sea lion 
(Eumetopias jubatus), northern elephant seal (Mirounga angustirostris), 
killer whale (Orcinus orca), gray whale (Eschrichtius robustus), 
humpback whale (Megaptera novaeangliae), harbor porpoise (Phocoena 
phocoena), and Dall's porpoise (P. dalli).

Description of Proposed Activity

Overview

    The purpose of the Mukilteo Multimodal Project is to provide safe, 
reliable, and effective service and connection for general-purpose 
transportation, transit, high occupancy vehicles (HOV), pedestrians, 
and bicyclists traveling between Island County and the Seattle/Everett 
metropolitan area and beyond by constructing a new ferry terminal. The 
current Mukilteo Ferry Terminal has not had significant improvements 
for almost 30 years and needs key repairs. The existing facility is 
deficient in a number of aspects, such as safety, multimodal 
connectivity, capacity, and the ability to support the goals of local 
and regional long-range transportation and comprehensive plans. The 
project is intended to:
     Reduce conflicts, congestion, and safety concerns for 
pedestrians, bicyclists, and motorists by improving local traffic and 
safety at the terminal and the surrounding area that serves these 
transportation needs.
     Provide a terminal and supporting facilities with the 
infrastructure and operating characteristics needed to improve the 
safety, security, quality, reliability, efficiency, and effectiveness 
of multimodal transportation.
     Accommodate future demand projected for transit, HOV, 
pedestrian, bicycle, and general-purpose traffic.
    The proposed Mukilteo Multimodal Project would involve in-water 
impact and vibratory pile driving and vibratory pile removal. Details 
of the proposed construction project are provided below.

Dates and Duration

    Due to NMFS and the U.S. Fish and Wildlife Service (USFWS) in-water 
work timing restrictions to protect ESA-listed salmonids, planned WSDOT 
in-water construction is limited each year to July 16 through February 
15. For this project, in-water construction is planned to take place 
between August 1, 2017 and February 15, 2018. The total worst-case time 
for pile installation and removal is 175 days (Table 1).

Specified Geographic Region

    The Mukilteo Ferry Terminal is located in the City of Mukilteo, 
Snohomish County, Washington. The terminal is located in Township 28 
North, Range 4 East, Section 3, in Possession Sound. The new terminal 
will be approximately 1,700 ft east of the existing terminal in 
Township 28N, Range 4E, Section 33 (Figure 1-2 of the IHA application). 
Land use in the Mukilteo area is a mix of residential, commercial, 
industrial, and open space and/or undeveloped lands.

Detailed Description of In-Water Pile Driving Associated With Mukilteo 
Multimodal Project

    The proposed project has two elements involving noise production 
that may affect marine mammals: Vibratory hammer driving and removal, 
and impact hammer driving.
(1) Vibratory Hammer Driving and Removal
    Vibratory hammers are commonly used in steel pile driving where 
sediments allow, and involve the same vibratory hammer used in pile 
removal. The pile is placed into position using a choker and crane, and 
then vibrated between 1,200 and 2,400 vibrations per minute. The 
vibrations liquefy the sediment surrounding the pile allowing it to 
penetrate to the required seating depth, or to be removed. The type of 
vibratory hammer that will be used for the project will likely be an 
APE 400 King Kong (or equivalent) with a drive force of 361 tons.
(2) Impact Hammer Installation
    Impact hammers are used to install plastic/steel core, wood, 
concrete, or steel piles. An impact hammer is a steel device that works 
like a piston. Impact hammers are usually large, though small impact 
hammers are used to install small diameter plastic/steel core piles.
    Impact hammers have guides (called a lead) that hold the hammer in 
alignment with the pile while a heavy piston moves up and down, 
striking the top of the pile, and drives it into the substrate from the 
downward force of the hammer on the top of the pile.
    To drive the pile, the pile is first moved into position and set in 
the proper location using a choker cable or vibratory hammer. Once the 
pile is set in place, pile installation with an impact hammer can take 
less than 15 minutes under good conditions, to over an hour under poor 
conditions (such as glacial till and bedrock, or exceptionally loose 
material in which the pile repeatedly moves out of position).
    Impact hammer is also used for ``proofing'' after pile is driven 
using a vibratory hammer to set the pile firmly.
    Details of pile driving activities are provided below and are 
summarized in Table 1.
     Vibratory driving of 24-inch temporary steel pile and 
steel piles for a public fishing pier. Installation of each pile will 
take approximately 60 minutes, 3 piles installed per day, with 117 
piles installed over 39 days.
     Vibratory removal of 69 temporary 24-inch diameter steel 
piles. This will take approximately 15 minutes per pile, with 3 piles 
removed per day over 23 days.
     Vibratory driving of 40 30-inch steel piles. This will 
take approximately 60 minutes per pile, with 3 piles installed per day 
over 14 days.
     Vibratory removal of 2 30-inch test steel piles. This will 
take approximately 15 minutes per pile, with both piles removed in 1 
day.
     Vibratory removal of 7 30-inch inner dolphin steel piles. 
This will take approximately 15 minutes per pile, with all 7 piles 
removed in 1 day.
     Vibratory driving of 6 36-inch steel piles. This will take 
approximately 60 minutes per pile, with 3 piles installed per day over 
2 days.
     Vibratory driving of 2 78-inch diameter drilled steel 
shafts. This will take approximately 60 minutes to install in one day.
     Vibratory driving of a 120-inch diameter drilled steel 
shaft. This will take approximately 60 minutes to install in one day.
     Vibratory driving of 139 steel H-piles. This will take 
approximately 30 minutes per pile, with 10 piles installed per day over 
14 days.

[[Page 21795]]

     Vibratory driving of 90 temporary steel sheet piles. This 
will take approximately 30 minutes per pile, with 3 sheet piles 
installed per day over 30 days.
     Vibratory removal of 90 temporary steel sheet piles. This 
will take approximately 15 minutes per pile, with 6 piles removed per 
day over 15 days.
     Impact driving (proofing; 300 strikes per pile) of 68 
temporary 24-inch diameter steel piles. This will take approximately 15 
minutes per pile, with 3 piles installed per day over 23 days.
     Impact driving (proofing; 300 strikes per pile) of 5 30-
inch diameter steel piles. This will take approximately 15 minutes per 
pile, with all 5 piles installed in 1 day.
     Impact driving with 3000 strikes per pile of 25 30-inch 
diameter steel piles. This will take approximately 15 minutes per pile, 
with 3 piles installed per day over 9 days.

                                                   Table 1--Summary of In-Water Pile Driving Durations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Duration  (min./
                                                                                                                         sec.) per pile
                    Method                                    Pile type                    Pile size      Pile number       (vib.) or        Duration
                                                                                            (inch)                      strikes per pile      (days)
                                                                                                                            (impact)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory driving............................  Steel..................................              24             117           60/3600              39
Vibratory removal............................  Steel..................................              24              69            15/900              23
Vibratory driving............................  Steel..................................              30              40           60/3600              14
Vibratory removal............................  Steel..................................              30               2           30/1800               1
Vibratory removal............................  Steel..................................              30               7           15/1800               1
Vibratory driving............................  Steel..................................              36               6           60/3600               2
Vibratory driving............................  Steel shaft............................              78               2           60/3600               2
Vibratory driving............................  Steel shaft............................             120               1           60/3600               1
Vibratory driving............................  Steel H-pile...........................              12             139           30/1800              14
Vibratory driving............................  Steel sheet............................  ..............              90           30/1800              30
Vibratory removal............................  Steel sheet............................  ..............              90            15/900              15
Impact proofing..............................  Steel..................................              24              68               300              23
Impact driving...............................  Steel..................................              30              25              3000               9
Impact proofing..............................  Steel..................................              30               5               300               1
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  .......................................  ..............             661  ................             175
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in this document (please see ``Proposed 
Mitigation'' and ``Proposed Monitoring and Reporting'').

Description of Marine Mammals in the Area of Specified Activities

    We have reviewed the applicants' species information--which 
summarizes available information regarding status and trends, 
distribution and habitat preferences, behavior and life history, and 
auditory capabilities of the potentially affected species--for accuracy 
and completeness and refer the reader to Sections 3 and 4 of the 
applications, as well as to NMFS's Stock Assessment Reports (SAR; 
www.nmfs.noaa.gov/pr/sars/), instead of reprinting all of the 
information here. Additional general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS's Web 
site (www.nmfs.noaa.gov/pr/species/mammals/), or in the U.S. Navy's 
Marine Resource Assessments (MRA) for relevant operating areas. The 
MRAs are available online at: www.navfac.navy.mil/products_and_services/ev/products_and_services/marine_resources/marine_resource_assessments.html. Table 2 lists all species with 
expected potential for occurrence in Mukilteo project area and 
summarizes information related to the population or stock, including 
potential biological removal (PBR), where known. For taxonomy, we 
follow Committee on Taxonomy (2016). PBR, defined by the MMPA as the 
maximum number of animals, not including natural mortalities, that may 
be removed from a marine mammal stock while allowing that stock to 
reach or maintain its optimum sustainable population, is considered in 
concert with known sources of ongoing anthropogenic mortality to assess 
the population-level effects of the anticipated mortality from a 
specific project (as described in NMFS's SARs). While no mortality is 
anticipated or authorized here, PBR and annual serious injury and 
mortality are included here as gross indicators of the status of the 
species and other threats. Species that could potentially occur in the 
proposed survey areas but are not expected to have reasonable potential 
to be harassed by WSDOT's Mukilteo Multimodal project are described 
briefly but omitted from further analysis. These include extralimital 
species, which are species that do not normally occur in a given area 
but for which there are one or more occurrence records that are 
considered beyond the normal range of the species. For status of 
species, we provide information regarding U.S. regulatory status under 
the MMPA and ESA.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study area. NMFS's stock 
abundance estimates for most species represent the total estimate of 
individuals within the geographic area, if known, that comprises that 
stock.
    Nine species (with 10 managed stocks) are considered to have the 
potential to co-occur with the proposed construction activities. 
Extralimital species or stocks unlikely to co-occur with the Mukilteo 
project include bottlenose dolphin, long-beaked common dolphin, Risso's 
dolphin, Bryde's whale, and minke whale. All values presented in Table 
2 are the most recent available at the time of publication and are 
available in the 2015 SARs (Carretta et al. 2016) and draft 2016 SARs 
(available online at: www.nmfs.noaa.gov/pr/sars/draft.htm).

[[Page 21796]]



                                    Table 2--Marine Mammals With Potential Presence Within the Proposed Project Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Stock
                                                                                                          abundance (CV,
                                                                                       ESA/MMPA status;     Nmin, most                      Annual M/SI
            Common name                  Scientific name              Stock          strategic (Y/N) \1\      recent            PBR             \3\
                                                                                                             abundance
                                                                                                            survey) \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Family Eschrichtiidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray whale.........................  Eschrichtius robustus.  Eastern North Pacific.  N..................          20,990             624             132
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Family Balaenopteridae (rorquals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale.....................  Megaptera novaeangliae  California/Oregon/      Y..................           1,918            11.0             6.5
                                                              Washington.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale.......................  Orcinus orca..........  Eastern North Pacific   Y..................              78               0               0
                                                              Southern Resident.
                                                             West coast transient..  N..................             243             2.4               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocoenidae (porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise....................  Phocoena phocoena.....  Washington inland       N..................          11,233              66             7.2
                                                              waters.
Dall's porpoise....................  P. dalli..............  California/Oregon/      N..................          25,750             172             0.3
                                                              Washington.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion................  Zalophus californianus  U.S...................  N..................         296,750           9,200             389
Steller sea lion...................  Eumetopias jubatus....  Eastern U.S...........  N..................          71,562           2,498             108
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal........................  Phoca vitulina........  Washington northern     N..................      \4\ 11,036           1,641              43
                                                              inland waters.
Elephant seal......................  Mirounga                California breeding...  N..................         179,000           2,882             8.8
                                      angustirostris.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. 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 ``Negligible Impact Analysis and Determination'' section will 
consider the content of this section, the ``Estimated Take by 
Incidental Harassment'' section, and the ``Proposed Mitigation'' 
section, to draw conclusions regarding the likely impacts of these 
activities on the reproductive success or survivorship of individuals 
and how those impacts on individuals are likely to impact marine mammal 
species or stocks.
    Potential impacts to marine mammals from the proposed Mukilteo 
ferry terminal construction are from noise generated during in-water 
pile driving and pile removal activities.

Acoustic Effects

    Here, we first provide background information on marine mammal 
hearing before discussing the potential effects of the use of active 
acoustic sources on marine mammals.
    Marine Mammal Hearing--Hearing is the most important sensory 
modality for marine mammals underwater, and exposure to anthropogenic 
sound can have deleterious effects. To appropriately assess the 
potential effects of exposure to sound, it is necessary to understand 
the frequency ranges marine mammals are able to hear. Current data 
indicate that not all marine mammal species have equal hearing 
capabilities (e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; 
Au and Hastings,

[[Page 21797]]

2008). To reflect this, Southall et al. (2007) recommended that marine 
mammals be divided into functional hearing groups based on directly 
measured or estimated hearing ranges on the basis of available 
behavioral response data, audiograms derived using auditory evoked 
potential techniques, anatomical modeling, and other data. Note that no 
direct measurements of hearing ability have been successfully completed 
for mysticetes (i.e., low-frequency cetaceans). Subsequently, NMFS 
(2016) described generalized hearing ranges for these marine mammal 
hearing groups. Generalized hearing ranges were chosen based on the 
approximately 65 dB threshold from the normalized composite audiograms, 
with the exception for lower limits for low-frequency cetaceans where 
the lower bound was deemed to be biologically implausible and the lower 
bound from Southall et al. (2007) retained. The functional groups and 
the associated frequencies are indicated below (note that these 
frequency ranges correspond to the range for the composite group, with 
the entire range not necessarily reflecting the capabilities of every 
species within that group):
     Low-frequency cetaceans (mysticetes): Generalized hearing 
is estimated to occur between approximately 7 Hz and 35 kHz, with best 
hearing estimated to be from 100 Hz to 8 kHz;
     Mid-frequency cetaceans (larger toothed whales, beaked 
whales, and most delphinids): Generalized hearing is estimated to occur 
between approximately 150 Hz and 160 kHz, with best hearing from 10 to 
less than 100 kHz;
     High-frequency cetaceans (porpoises, river dolphins, and 
members of the genera Kogia and Cephalorhynchus; including two members 
of the genus Lagenorhynchus, on the basis of recent echolocation data 
and genetic data): Generalized hearing is estimated to occur between 
approximately 275 Hz and 160 kHz.
     Pinnipeds in water; Phocidae (true seals): Generalized 
hearing is estimated to occur between approximately 50 Hz to 86 kHz, 
with best hearing between 1-50 kHz;
     Pinnipeds in water; Otariidae (eared seals): Generalized 
hearing is estimated to occur between 60 Hz and 39 kHz, with best 
hearing between 2-48 kHz.
     The pinniped functional hearing group was modified from 
Southall et al. (2007) on the basis of data indicating that phocid 
species have consistently demonstrated an extended frequency range of 
hearing compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2016) for a review of available information. 
Nine marine mammal species (5 cetacean and 4 pinniped (2 otariid and 2 
phocid) species) have the reasonable potential to co-occur with the 
proposed survey activities. Please refer to Table 2. Of the cetacean 
species that may be present, 2 are classified as low-frequency 
cetaceans (i.e., all mysticete species), 1 is classified as mid-
frequency cetaceans (i.e., killer whale), and 2 are classified as high-
frequency cetaceans (i.e., harbor porpoise and Dall's porpoise).
    The WSDOT's Mukilteo Multimodal 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.
    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. 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. Therefore, based on these studies, 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

[[Page 21798]]

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, which 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 vibratory pile driving 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 
WSDOT's Mukilteo Multimodal construction activities, noises from 
vibratory pile driving and pile removal 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 vicinity 
of project area are high due to ongoing shipping, construction and 
other activities in the Puget Sound.
    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 WSDOT's 
Mukilteo Multimodal construction activities, both of these noise levels 
are considered for effects analysis because WSDOT 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 on Marine Mammal Habitat

    The primary potential impacts to marine mammal habitat are 
associated with elevated sound levels produced by vibratory pile 
removal and pile driving in the area. However, other potential impacts 
to the surrounding habitat from physical disturbance are also possible.
    With regard to fish as a prey source for cetaceans and pinnipeds, 
fish are known to hear and react to sounds and to use sound to 
communicate (Tavolga et al. 1981) and possibly avoid predators (Wilson 
and Dill 2002). Experiments have shown that fish can sense both the 
strength and direction of sound (Hawkins 1981). Primary factors 
determining whether a fish can sense a sound signal, and potentially 
react to it, are the frequency of the signal and the strength of the 
signal in relation to the natural background noise level.
    The level of sound at which a fish will react or alter its behavior 
is usually well above the detection level. Fish have been found to 
react to sounds when the sound level increased to about 20 dB above the 
detection level of 120 dB (Ona 1988); however, the response threshold 
can depend on the time of year and the fish's physiological condition 
(Engas et al., 1993). In general, fish react more strongly to pulses of 
sound (such as noise from impact pile driving) rather than continuous 
signals (such as noise from vibratory pile driving) (Blaxter et al., 
1981), and a quicker alarm response is elicited when the sound signal 
intensity rises rapidly compared to sound rising more slowly to the 
same level.
    During the coastal construction only a small fraction of the 
available habitat would be ensonified at any given time. Disturbance to 
fish species would be short-term and fish would return to their pre-
disturbance behavior once the pile driving activity ceases. Thus, the 
proposed construction would have little, if any, impact on marine 
mammals' prey availability in the area where construction work is 
planned.
    Finally, the time of the proposed construction activity would avoid 
the spawning season of the ESA-listed salmonid species.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as: any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).

[[Page 21799]]

    Authorized takes would primarily be by Level B harassment, as noise 
generated from in-water impact pile driving and vibratory pile driving 
and pile removal has the potential to result in disruption of 
behavioral patterns for individual marine mammals. There is also some 
potential for auditory injury (Level A harassment) to result, primarily 
for high frequency cetaceans (harbor and Dall's porpoises) and phocid 
seals (harbor and northern elephant seals) due to larger predicted 
auditory injury zones. Auditory injury is unlikely to occur for low- 
and mid-frequency cetaceans and otarrids. The proposed mitigation and 
monitoring measures are expected to minimize the severity of such 
taking to the extent practicable. Below we describe how the take is 
estimated.

Basis for Takes

    Take estimates are based on average marine mammal density in the 
project area multiplied by the area size of ensonified zones within 
which received noise levels exceed certain thresholds (i.e., Level A 
and/or Level B harassment) from specific activities, then multiplied by 
the total number of days such activities would occur. Certain 
adjustments were made for marine mammals whose local abundance are 
known through long-term monitoring efforts. Therefore, their local 
abundance data are used for take calculation instead of general animal 
density (see below).

Basis for Threshold Calculation

    As discussed above, in-water pile removal and pile driving 
(vibratory and impact) generate loud noises that could potentially 
harass marine mammals in the vicinity of WSDOT's proposed Mukilteo 
Multimodal project.
    Under the NMFS' Technical Guidance for Assessing the Effects of 
Anthropogenic Sound on Marine Mammal Hearing (Guidance), dual criteria 
are used to assess marine mammal auditory injury (Level A harassment) 
as a result of noise exposure (NMFS 2016). The dual criteria under the 
Guidance provide onset thresholds in instantaneous peak SPLs 
(Lpk) as well as 24-hr cumulative sound exposure levels 
(SELcum or LE) that could cause PTS to marine 
mammals of different hearing groups. The peak SPL is the highest 
positive value of the noise field, log transformed to dB in reference 
to 1 [mu]Pa.
[GRAPHIC] [TIFF OMITTED] TN10MY17.000

where p(t) is acoustic pressure in pascal or micropascal, and 
pref is reference acoustic pressure equal to 1 [mu]Pa.
    The cumulative SEL is the total sound exposure over the entire 
duration of a given day's pile driving activity, specifically, pile 
driving occurring within a 24-hr period.
[GRAPHIC] [TIFF OMITTED] TN10MY17.001

where p(t) is acoustic pressure in pascal or micropascal, 
pref is reference acoustic pressure equals to 1 [mu]Pa, 
t1 marks the beginning of the time, and t2 the 
end of time.
    For onset of Level B harassment, NMFS continues to use the root-
mean-square (rms) sound pressure level (SPLrms) at 120 dB re 
1 [mu]Pa and 160 dB re 1 [mu]Pa as the received levels from non-impulse 
(vibratory pile driving and removal) and impulse sources (impact pile 
driving) underwater, respectively. The SPLrms for pulses 
(such as those from impact pile driving) should contain 90 percent of 
the pulse energy, and is calculated by
[GRAPHIC] [TIFF OMITTED] TN10MY17.002

where p(t) is acoustic pressure in pascal or micropascal, 
pref is reference acoustic pressure equals to 1 [mu]Pa, 
t1 marks the beginning of the time, and t2 the 
end of time. In the case of an impulse noise, t1 marks the 
time of 5 percent of the total energy window, and t2 the 
time of 95 percent of the total energy window.
    Table 3 summarizes the current NMFS marine mammal take criteria.

                                     Table 3--Current Acoustic Exposure Criteria for Non-Explosive Sound Underwater
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     PTS Onset thresholds                                        Behavioral thresholds
         Hearing Group          ------------------------------------------------------------------------------------------------------------------------
                                           Impulsive                    Non-impulsive                   Impulsive                   Non-impulsive
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...  Lpk,flat: 219 dB               LE,LF,24h: 199 dB             Lrms,flat: 160 dB             Lrms,flat: 120 dB
                                 LE,LF,24h: 183 dB
Mid-Frequency (MF) Cetaceans...  Lpk,flat: 230 dB               LE,MF,24h: 198 dB
                                 LE,MF,24h: 185 dB

[[Page 21800]]

 
High-Frequency (HF) Cetaceans..  Lpk,flat: 202 dB               LE,HF,24h: 173 dB
                                 LE,HF,24h: 155 dB
Phocid Pinnipeds (PW)            Lpk,flat: 218 dB               LE,PW,24h: 201 dB
 (Underwater).                   LE,PW,24h: 185 dB
Otariid Pinnipeds (OW)           Lpk,flat: 232 dB               LE,OW,24h: 219 dB
 (Underwater).                   LE,OW,24h: 203 dB
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive
  sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be
  considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has a reference value of 1[mu]Pa2s. In this
  Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by
  ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is being included to
  indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative
  sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
  and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways
  (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which
  these acoustic thresholds will be exceeded.

Sound Levels and Acoustic Modeling for the Proposed Construction 
Activity

Source Levels
    The project includes vibratory pile driving and removal of 24-, 30-
, and 36-inch (in) steel piles, vibratory driving of 78- and 120-in 
steel shaft, vibratory driving of steel H-piles, vibratory driving and 
removal of steel sheet piles, and impact pile driving and proofing of 
24- and 30-in steel piles.
    Source levels of the above pile driving activities are based on 
measurements of the same material types and same or similar dimensions 
of piles measured at Mukilteo or elsewhere. Specifically, the source 
level for vibratory pile driving and removal of the 24-in steel pile is 
based on vibratory test pile driving of the same pile at the Friday 
Harbor (WSDOT, 2010a). The unweighted SPLrms source level at 
10 m from the pile is 162 dB re 1 re 1 [mu]Pa. We consider that using 
vibratory pile installation source level as a proxy for vibratory pile 
removal is conservative.
    The source level for vibratory pile driving and removal of the 30-
in steel pile is based on vibratory pile driving of the same pile at 
Port Townsend (WSDOT, 2010b). The unweighted SPLrms source 
level at 10 m from the pile is 174 dB re 1 re 1 [mu]Pa.
    The source level for vibratory pile driving the 36-in steel piles 
is based on vibratory test pile driving of 36-in steel piles at Port 
Townsend in 2010 (Laughlin 2011). Recordings of vibratory pile driving 
were made at a distance of 10 m from the pile. The results show that 
the unweighted SPLrms for vibratory pile driving of 36-in 
steel pile was 177 dB re 1 [mu]Pa.
    Source level for vibratory pile driving of the 78- and 120-in steel 
shaft is based on measurements of 72-in steel piles vibratory driving 
conducted by CALTRANS. The unweighted SPLrms source level 
ranged between 170 and 180 dB re 1 [mu]Pa at 10 m from the pile 
(CALTRANS 2012). The value of 180 dB is chosen to be more conservative.
    The source level for vibratory pile driving of steel H-piles is 
based on measurements conducted by the California Department of 
Transportation (CALTRANS). The unweighted SPLrms source 
level is 150 dB re 1 re 1 [mu]Pa at 10 m from the pile (CALTRANS, 
2012).
    The source level for vibratory sheet pile driving and removal is 
based on measurements at the Elliott Bay Seawall Project. The 
unweighted SPLrms source level is 164 dB re 1 re 1 [mu]Pa at 
10 m from the pile (Greenbusch 2015).
    Source levels for impact pile driving of the 24-in steel piles are 
based on impact test pile driving of the same steel pile during the 
Vashon Acoustic Monitoring by WSDOT (Laughlin, 2015). The unweighted 
back-calculated source levels at 10 m are 174 dB re 1 [mu]Pa\2\-s for 
single strike SEL (SELss) and 189 dB re 1 [mu]Pa for 
SPLrms.
    Source levels for impact pile driving of the 30-in steel pile are 
based on impact test pile driving for the 36-in steel pile at Mukilteo 
in November 2006. Recordings of the impact pile driving that were made 
at a distance of 10 m from the pile were analyzed using Matlab. The 
results show that the unweighted source levels are 178 dB re 1 
[mu]Pa\2\-s for SELss and 193 dB re 1 [mu]Pa for 
SPLrms.
    A summary of source levels from different pile driving and pile 
removal activities is provided in Table 4.

                             Table 4--Summary of In-Water Pile Driving Source Levels
                                              [At 10 m from source]
----------------------------------------------------------------------------------------------------------------
                                                                               SEL (SELss  for
                                                                                impact  pile
                   Method                         Pile type/size  (inch)      driving),  dB re  SPLrms,  dB re 1
                                                                               1  [mu]Pa\2\-s       [mu]Pa\2\
 
----------------------------------------------------------------------------------------------------------------
Vibratory driving/removal...................  Steel, 24-in..................               162               162
Vibratory driving/removal...................  Steel, 30-in..................               174               174
Vibratory driving...........................  Steel, 36-in..................               177               177
Vibratory driving...........................  Steel shaft, 78-in............               180               180
Vibratory driving...........................  Steel shaft, 120-in...........               180               180
Vibratory driving...........................  Steel H-pile, 12-in...........               150               150
Vibratory driving/removal...................  Steel sheet...................               164               164

[[Page 21801]]

 
Impact driving..............................  Steel, 24-in..................               174               189
Impact driving..............................  Steel, 30-in..................               178               193
----------------------------------------------------------------------------------------------------------------

    These source levels are used to compute the Level A ensonified 
zones and to estimate the Level B harassment zones. For Level A 
harassment zones, zones calculated using cumulative SEL are all larger 
than those calculated using SPLpeak, therefore, only zones based on 
cumulative SEL for Level A harassment are used.
    Source spectrum of the 36-in steel pile recording is used for 
spectral modeling for the 24-, 30-, and 36-in steel pile vibratory pile 
driving and removal to calculate Level A exposure distances based on 
cumulative SEL metric (see below).
    For other piles where no recording is available, source modeling 
cannot be performed. In such cases, the weighting factor adjustment 
(WFA) recommended by NMFS acoustic guidance (NMFS 2016) was used to 
determine Level A exposure distances.
Estimating Injury Zones
    Calculation and modeling of applicable ensonified zones are based 
on source measurements of comparable types and sizes of piles driven by 
different methods (impact vs. vibratory hammers) as described above. As 
mentioned earlier, isopleths for injury zones are based on cumulative 
SEL (LE) criteria.
    For peak SPL (Lpk), distances to marine mammal injury 
thresholds were calculated using a simple geometric spreading model 
using a transmission loss coefficient of 15:
[GRAPHIC] [TIFF OMITTED] TN10MY17.003

where SLMeasure is the measured source level in dB re 1 
[mu]Pa, EL is the specific received level of threshold, 
DMeasure is the distance (m) from the source where 
measurements were taken, and R is the distance (radius) of the isopleth 
to the source in meters.
    For cumulative SEL (LE), distances to marine mammal 
exposure thresholds were computed using spectral modeling that 
incorporates frequency specific absorption. First, representative pile 
driving sounds recorded during test pile driving with impact and 
vibratory hammers were used to generate power spectral densities 
(PSDs), which describe the distribution of power into frequency 
components composing that sound, in 1-Hz bins. Parseval's theorem, 
which states that the sum of the square of a function is equal to the 
sum of the square of its transform, was applied to ensure that all 
energies within a strike (for impact pile driving) or a given period of 
time (for vibratory pile driving) were captured through the fast 
Fourier transform, an algorithm that converts the signal from its 
original domain (in this case, time series) to a representation in 
frequency domain. For impact pile driving, broadband PSDs were 
generated from SPLrms time series with a time window that 
contains 90 percent of each pulse energy. For vibratory pile driving, 
broadband PSDs were generated from a series of continuous 1-second SEL. 
Broadband PSDs were then adjusted based on weighting functions of 
marine mammal hearing groups (Finneran 2016) by using the weighting 
function as a band-pass filter. For impact pile driving, cumulative 
exposures (Esum) were computed by multiplying the single rms 
pressure squared by rms pulse duration for the specific strike, then by 
the number of strikes (provided in Table 1) required to drive one pile, 
then by the number of piles to be driven in a given day, as shown in 
the equation below:
[GRAPHIC] [TIFF OMITTED] TN10MY17.004

where prms,i is the rms pressure, [tau] is the rms pulse 
duration for the specific strike, Ns is the anticipated 
number of strikes (provided in Table 1) needed to install one pile, and 
N is the number of total piles to be installed.
    For vibratory pile driving, cumulative exposures were computed by 
summing 1-second noise exposure by the duration needed to drive on pile 
(provided in Table 1), then by the number of piles to be driven in a 
given day, as shown in the equation below:
[GRAPHIC] [TIFF OMITTED] TN10MY17.005


[[Page 21802]]


where E1s is the 1-second noise exposure, and [Delta]t is 
the duration (provided in Table 1) need to install 1 pile by vibratory 
piling.
    Frequency-specific transmission losses, TL(f), were then computed 
using practical spreading along with frequency-specific absorption 
coefficients that were computed with nominal seawater properties (i.e., 
salinity = 35 psu, pH = 8.0) at 15[deg] C at the surface by
[GRAPHIC] [TIFF OMITTED] TN10MY17.006

where [alpha](f) is dB/km, and R is the distance (radius) of the 
specific isopleth to the source in meters. For broadband sources such 
as those from pile driving, the transmission loss is the summation of 
the frequency-specific results.

Approach to Estimate Behavioral Zones

    As mentioned earlier, isopleths to Level B behavioral zones are 
based on root-mean-square SPL (SPLrms) that are specific for 
impulse (impact pile driving) and non-impulse (vibratory pile driving) 
sources. Distances to marine mammal behavior thresholds were calculated 
using a simple geometric spreading equation as shown in Equation (4).
    A summary of the measured and modeled harassment zones is provided 
in Table 5. The maximum distance is 20,500 m from the source, since 
this is where landmass intercepts underwater sound propagation.

                                                         Table 5--Distances to Harassment Zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Injury zone (m)
          Pile type, size & pile driving method          --------------------------------------------------------------------------------  Behavior zone
                                                            LF cetacean     MF cetacean     HF cetacean       Phocid          Otariid           (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory removal, 24-in steel pile, 3 piles/day........              10              10              55              10              10           6,040
Vibratory driving, 24-in steel pile, 3 piles/day........             175              45             995              85              10           6,040
Vibratory removal, 30-in steel pile, 2 piles/day........              55              10             345              25              10        * 20,500
Vibratory removal, 30-in steel pile, 7 piles/day........             125              35             725              55              10        * 20,500
Vibratory driving, 30-in steel pile, 3 piles/day........             175              45             995              85              10        * 20,500
Vibratory driving, 36-in steel pile, 3 piles/day........             175              45             995              85              10        * 20,500
Vibratory driving, 78-in steel shaft, 1 pile/day........             126              11             186              77               5        * 20,500
Vibratory driving, 120-in steel shaft, 1 pile/day.......             126              11             186              77               5        * 20,500
Vibratory driving, steel 12-in H-pile, 10 piles/day.....               4               1               6               2               0           1,000
Vibratory driving, steel sheet, 3 piles/day.............              14               1              21               9               1           8,577
Vibratory removal, steel sheet, 6 piles/day.............              23               2              33              14               1           8,577
Impact proofing, 24-in steel pile, 3 piles/day..........             135              10              75              35              10             875
Impact driving, 30-in steel pile, 3 piles/day...........           1,065              10             505             225              10           1,585
Impact proofing, 30-in steel pile, 5 piles/day..........             355              10             175              75              10           1,585
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Landmass intercepts at a distance of 20,500m from project area.

Estimated Takes From Proposed Construction Activity

    Incidental take is estimated for each species by estimating the 
likelihood of a marine mammal being present within a Level A or Level B 
harassment zone during active pile driving or removal. The Level A 
calculation includes a duration component, along with an assumption 
(which can lead to overestimates in some cases) that animals within the 
zone stay in that area for the whole duration of the pile driving 
activity within a day. For all marine mammal species except harbor 
seals, California sea lions, and northern elephant seals, estimated 
takes are calculated based on ensonified area for a specific pile 
driving activity multiplied by the marine mammal density in the action 
area, multiplied by the number of pile driving (or removal) days. In 
most cases, marine mammal density data are from the U.S. Navy Marine 
Species Density Database (Navy 2015). Harbor porpoise density is based 
on a recent study by Jefferson et al. (2016) for the Eastern Whidbey 
area near the Mukilteo Ferry Terminal. Harbor seal, northern elephant 
seal, and California sea lion takes are based on observations in the 
Mukilteo area, since these data provide the best information on 
distribution and presence of these species that are often associated 
with nearby haulouts (see below).
    The Level A take total was further adjusted by subtracting animals 
expected to occur within the exclusion zone, where pile driving 
activities are suspended when an animal is observed in or approaching 
the zone (see Mitigation section). Further, the number of Level B takes 
was adjusted to exclude those already counted for Level A takes.
    The harbor seal take estimate is based on local seal abundance 
information

[[Page 21803]]

from monitoring during the Mukilteo pier removal project. Marine mammal 
visual monitoring during Mukilteo Ferry Terminal pier removal project 
showed an average daily observation of 7 harbor seals (WSDOT 2015). 
Based on a total of 175 pile driving days for the WSDOT Mukilteo 
Multimodal Phase 2 project, it is estimated that up to 1,225 harbor 
seals could be exposed to noise levels associated with ``take''. Since 
9 days would involve impact pile driving of 30-in piles with Level A 
harassment zones beyond the required shutdown zones (225 m vs 160 m 
shutdown zone), we consider that 63 harbor seals exposed during these 9 
days would experience Level A harassment.
    The California sea lion take estimate is based on local sea lion 
abundance information during the Mukilteo Ferry Terminal pier removal 
project (WSDOT 2015). Marine mammal visual monitoring during the 
Mukilteo pier removal project indicates on average 7 sea lions were 
observed in the general area of the Mukilteo Ferry Terminal per day 
(WSDOT 2015). Based on a total of 175 pile driving days for the WSDOT 
Mukilteo Multimodal project, it is estimated that up to 1,225 
California sea lions could be exposed to noise levels associated with 
``take''. Since the Level A harassment zones of otarids are all very 
small (max. 10 m, Table 5), we do not consider it likely that any sea 
lions would be taken by Level A harassment. Therefore, all California 
sea lion takes estimated here are expected to be by Level B harassment.
    Northern elephant seal is not common in the Mukilteo Multimodal 
Project area, however, their presence has been observed in Edmonds area 
just south of Mukilteo (Huey, Pers. Comm. April 2017). Therefore, a 
potential take of 20 animals by Level B harassment during the project 
period is assessed. Since northern elephant seal is very uncommon in 
the project area, we do not consider it likely that any elephant seal 
would be taken by Level A harassment.
    However, the method used in take estimates does not account for 
single individuals being taken multiple times during the entire project 
period of 175 days. Therefore, the percent of marine mammals that are 
likely to be taken for a given population would be far less than the 
ratio of numbers of animals taken divided by the population size. For 
harbor porpoise, the estimated incidences of takes at 6,759 animals 
would be 60.2% of the population, if each single take were a unique 
individual. However, this is highly unlikely because the results of 
telemetry and photo-identification studies in Washington waters have 
demonstrated that harbor porpoise shows site fidelity to small areas 
for periods of time that can extend between seasons (Hanson et al. 
1999; Hanson 2007a, 2007b). Based on studies by Jefferson et al. 
(2016), harbor porpoise abundance in the East Whidbey region, which is 
adjunct to the Mukilteo Ferry Terminal construction, is 497, and harbor 
porpoise abundance in the entire surrounding area of North Puget Sound 
is 1,798.
    For Southern Resident killer whales, potential takes based on 
density calculation showed that 4 animals could be exposed to noise 
levels for Level B harassment. However, mitigation measures prescribed 
below will prevent such takes.
    A summary of estimated marine mammal takes is listed in Table 6.

 Table 6--Estimated Numbers of Marine Mammals That May Be Exposed to Received Noise Levels That Cause Level A or
                                               Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                     Estimated       Estimated       Estimated
             Species               Level A take    Level B take     total take       Abundance      Percentage
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.............              63           1,162           1,225          11,036            11.1
California sea lion.............               0           1,225           1,225         296,750            0.41
Northern elephant seal..........               0              20              20         179,000            0.01
Steller sea lion................               0             232             232          71,562            0.32
Killer whale, transient.........               0              21              21             243            8.64
Killer whale, Southern Resident.               0               0               0              78               0
Gray whale......................               0              45              45          20,990            0.21
Humpback whale..................               0               6               6           1,918            0.31
Harbor porpoise.................              61           6,698           6,759          11,233            60.2
Dall's porpoise.................               4             417             421          25,750            1.63
----------------------------------------------------------------------------------------------------------------

Proposed Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable impact 
on such species or stock and its habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking'' for certain 
subsistence uses. NMFS regulations require applicants for incidental 
take authorizations to include information about the availability and 
feasibility (economic and technological) of equipment, methods, and 
manner of conducting such activity or other means of effecting the 
least practicable adverse impact upon the affected species or stocks 
and their habitat (50 CFR 216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully balance two primary factors: (1) The manner in which, and the 
degree to which, the successful implementation of the measure(s) is 
expected to reduce impacts to marine mammals, marine mammal species or 
stocks, and their habitat, which considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range), as well as 
the likelihood that the measure will be effective if implemented; and 
the likelihood of effective implementation, and; (2) the practicability 
of the measures for applicant implementation, which may consider such 
things as cost, impact on operations, and, in the case of a military 
readiness activity, personnel safety, practicality of implementation, 
and impact on the effectiveness of the military readiness activity.

Mitigation for Marine Mammals and Their Habitat

1. Time Restriction
    Work would occur only during daylight hours, when visual monitoring 
of marine mammals can be conducted. In addition, all in-water 
construction will be limited to the period between August 1, 2017, and 
February 15, 2018.

[[Page 21804]]

2. Use of Noise Attenuation Devices
    To reduce impact on marine mammals, WSDOT 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.
3. Establishing and Monitoring Level A, Level B Harassment Zones, and 
Exclusion Zones
    Before the commencement of in-water construction activities, which 
include impact pile driving and vibratory pile driving and pile 
removal, WSDOT shall establish Level A harassment zones where received 
underwater SPLs or SELcum could cause PTS (see above).
    WSDOT shall also establish Level B harassment zones where received 
underwater SPLs are higher than 160 dBrms and 120 
dBrms re 1 [mu]Pa for impulse noise sources (impact pile 
driving) and non-impulses noise sources (vibratory pile driving and 
pile removal), respectively.
    WSDOT shall establish a maximum 160-m Level A exclusion zone for 
all marine mammals except low-frequency baleen whales. For Level A 
harassment zones that are smaller than 160 m from the source, WSDOT 
shall establish exclusion zones that correspond to the estimated Level 
A harassment distances, but shall not be less than 10 m. For low-
frequency baleen whales, WSDOT shall establish exclusion zones that 
correspond to the actual Level A harassment distances, but shall not be 
less than 10 m.
    A summary of exclusion zones is provided in Table 7.

         Table 7--Exclusion Zones for Various Pile Driving Activities and Marine Mammal Hearing Groups.
----------------------------------------------------------------------------------------------------------------
                                                                  Injury zone (m)
Pile type, size and pile driving -------------------------------------------------------------------------------
             method                 LF cetacean     MF cetacean     HF cetacean       Phocid          Otariid
----------------------------------------------------------------------------------------------------------------
Vibratory removal, 24-in steel                10              10              55              10              10
 pile, 3 piles/day..............
Vibratory removal, 30-in steel                55              10             160              25              10
 pile, 2 piles/day..............
Vibratory removal, 30-in steel               125              35             160              55              10
 pile, 7 piles/day..............
Vibratory driving, 24-, 30- & 36-            175              45             160              85              10
 in steel pile, 3 piles/day.....
Vibratory driving, 78-, 120-in               126              11             160              77              10
 steel shaft, 1 pile/day........
Vibratory driving, steel 12-in H-              4               1               6               2               1
 pile, 10 piles/day.............
Vibratory driving, steel sheet,               14               1              21               9               1
 3 piles/day....................
Vibratory removal, steel sheet,               23               2              33              14               1
 6 piles/day....................
Impact proofing, 24-in steel                 135              10              75              35              10
 pile, 3 piles/day..............
Impact driving, 30-in steel                1,065              10             160             160              10
 pile, 3 piles/day..............
Impact proofing, 30-in steel                 355              10             160              75              10
 pile, 5 piles/day..............
----------------------------------------------------------------------------------------------------------------

    NMFS-approved protected species observers (PSO) shall conduct an 
initial survey of the exclusion zones to ensure that no marine mammals 
are seen within the zones before pile driving and pile removal of a 
pile segment begins. If marine mammals are found within the exclusion 
zone, 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 30 minutes. 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 pile 
driving operator (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 or 30 minutes have 
elapsed since the last sighting.
4. Soft Start
    A ``soft-start'' technique is intended to allow marine mammals to 
vacate the area before the impact pile driver reaches full power. 
Whenever there has been downtime of 30 minutes or more without impact 
pile driving, the contractor will initiate the driving with ramp-up 
procedures described below.
    Soft start for impact hammers requires contractors to provide an 
initial set of three strikes from the impact hammer at 40 percent 
energy, followed by a 1-minute waiting period, then two subsequent 
three-strike sets. Each day, WSDOT will use the soft-start technique at 
the beginning of impact pile driving, or if pile driving has ceased for 
more than 30 minutes.
5. Shutdown Measures
    WSDOT shall implement shutdown measures if a marine mammal is 
detected within an exclusion zone or is about to enter an exclusion 
zone listed in Table 6.
    WSDOT shall also implement shutdown measures if southern resident 
killer whales are sighted within the vicinity of the project area and 
are approaching the Level B harassment zone (or Zone of Influence, ZOI) 
during in-water construction activities.
    If a killer whale approaches the ZOI during pile driving or 
removal, and it is unknown whether it is a Southern Resident killer 
whale or a transient killer whale, it shall be assumed to be a Southern 
Resident killer whale and WSDOT shall implement the shutdown measure.
    If a Southern Resident killer whale or an unidentified killer whale 
enters the ZOI undetected, in-water pile driving or pile removal shall 
be suspended until the whale exits the ZOI to avoid further level B 
harassment.
    Further, WSDOT shall implement shutdown measures if the number of 
authorized takes for any particular species reaches the limit under the 
IHA (if issued) and if such marine mammals are sighted within the 
vicinity of the project area and are approaching the Level B harassment 
zone during in-water construction activities.
6. Coordination With Local Marine Mammal Research Network
    Prior to the start of pile driving for the day, the Orca Network 
and/or Center for Whale Research will be contacted by WSDOT to find out 
the location of the nearest marine mammal sightings. The Orca Sightings 
Network consists of a list of over 600 (and growing) residents, 
scientists, and government agency personnel in the U.S. and Canada. 
Sightings are called or emailed into the Orca Network and immediately 
distributed to other sighting networks including: The NMFS Northwest 
Fisheries Science Center, the Center for

[[Page 21805]]

Whale Research, Cascadia Research, the Whale Museum Hotline and the 
British Columbia Sightings Network.
    Sightings information collected by the Orca Network includes 
detection by hydrophone. The SeaSound Remote Sensing Network is a 
system of interconnected hydrophones installed in the marine 
environment of Haro Strait (west side of San Juan Island) to study orca 
communication, in-water noise, bottom fish ecology and local climatic 
conditions. A hydrophone at the Port Townsend Marine Science Center 
measures average in-water sound levels and automatically detects 
unusual sounds. These passive acoustic devices allow researchers to 
hear when different marine mammals come into the region. This acoustic 
network, combined with the volunteer (incidental) visual sighting 
network allows researchers to document presence and location of various 
marine mammal species.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, all of which are described 
above, NMFS has preliminarily determined that the proposed mitigation 
measures provide the means effecting the least practicable adverse 
impact on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
proposed action area. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density).
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas).
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors.
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks.
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat).
     Mitigation and monitoring effectiveness.

Proposed Monitoring Measures

    WSDOT shall employ NMFS-approved PSOs to conduct marine mammal 
monitoring for its Mukilteo Multimodal Project. The PSOs will observe 
and collect data on marine mammals in and around the project area for 
30 minutes before, during, and for 30 minutes after all pile removal 
and pile installation work. NMFS-approved PSOs shall meet the following 
requirements:
    1. Independent observers (i.e., not construction personnel) are 
required;
    2. At least one observer must have prior experience working as an 
observer;
    3. Other observers may substitute education (undergraduate degree 
in biological science or related field) or training for experience;
    4. Where a team of three or more observers are required, one 
observer should be designated as lead observer or monitoring 
coordinator. The lead observer must have prior experience working as an 
observer; and
    5. NMFS will require submission and approval of observer CVs;
    Monitoring of marine mammals around the construction site shall be 
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power). 
Due to the different sizes of ZOIs from different pile sizes, several 
different ZOIs and different monitoring protocols corresponding to a 
specific pile size will be established.
     For Level A zones less than 160 m and Level B zones less 
than 1,000 m (i.e., vibratory 12-in H pile driving, 10 piles/day; 
impact proofing of 24-in steel piles, 3 piles/day), two land-based PSOs 
will monitor the exclusion zones and Level B harassment zone.
     For Level A zones between 160 and 500 m, and Level B zones 
between 1,000 and 10,000 m (i.e., vibratory pile driving and removal of 
24-in steel piles, 3 piles/day; vibratory driving and removal of steel 
sheet; and impact proofing of 30-in steel piles, 5 piles/day), 5 land-
based PSOs and 1 vessel-based PSO on a ferry will monitor the Level A 
and Level B harassment zones.
     For the rest of the pile driving and pile removal 
scenario, 5 land-based PSOs and 2 vessel-based PSOs on ferries will 
monitor the Level A and Level B harassment zones.
    Locations of the land-based PSOs and routes of monitoring vessels 
are shown in WSDOT's Marine Mammal Monitoring Plan, which is available 
online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.
    To verify the required monitoring distance, the exclusion zones and 
ZOIs will be determined by using a range finder or hand-held global 
positioning system device.

Proposed Reporting Measures

    WSDOT would be required to submit a draft monitoring report within 
90 days after completion of the construction work or the expiration of 
the IHA (if issued), whichever comes earlier. This report would detail 
the monitoring protocol, summarize the data recorded during monitoring, 
and estimate the number of marine mammals that may have been harassed. 
NMFS would have an opportunity to provide comments on the report, and 
if NMFS has comments, WSDOT would address the comments and submit a 
final report to NMFS within 30 days.
    In addition, NMFS would require WSDOT to notify NMFS' Office of 
Protected Resources and NMFS' West Coast Stranding Coordinator within 
48 hours of sighting an injured or dead marine mammal in the 
construction site. WSDOT shall provide NMFS and the Stranding Network 
with the species or description of the animal(s), the condition of the 
animal(s) (including carcass condition, if the animal is dead), 
location, time of first discovery, observed behaviors (if alive), and 
photo or video (if available).
    In the event that WSDOT finds an injured or dead marine mammal that 
is not in the construction area, WSDOT would report the same 
information as listed above to NMFS as soon as operationally feasible.

[[Page 21806]]

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact 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'' (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 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 harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    To avoid repetition, this introductory discussion of our analyses 
applies to all the species listed in Table 7, given that the 
anticipated effects of WSDOT's Mukilteo Multimodal Project activities 
involving pile driving and pile removal 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 by species 
for this activity, or else species-specific factors would be identified 
and analyzed.
    Although a few marine mammal species (63 harbor seals, 61 harbor 
porpoises, and 4 Dall's porpoise) are estimated to experience Level A 
harassment in the form of PTS if they stay within the Level A 
harassment zone during the entire pile driving for the day, the degree 
of injury is expected to be mild and is not likely to affect the 
reproduction or survival of the individual animals because most animals 
will avoid the area, and thus avoid injury. It is expected that, if 
hearing impairments occurs, most likely the affected animal would loss 
a few dB in its hearing sensitivity, which in most cases is not likely 
to affect its survival and recruitment. Hearing impairment that occur 
for these individual animals would be limited to the dominant frequency 
of the noise sources, i.e., in the low-frequency region below 2 kHz. 
Therefore, the degree of PTS is not likely to affect the echolocation 
performance of the two porpoise species, which use frequencies mostly 
above 100 kHz. Nevertheless, for all marine mammal species, it is known 
that in general animals avoid areas where sound levels could cause 
hearing impairment. Therefore it is not likely that an animal would 
stay in an area with intense noise that could cause severe levels of 
hearing damage. In addition, even if an animal receives a TTS, the TTS 
would be a one-time event from the exposure, making it unlikely that 
the TTS would evolve into PTS. Furthermore, Level A take estimates were 
based on the assumption that the animals are randomly distributed in 
the project area and would not avoid intense noise levels that could 
cause TTS or PTS. In reality, animals tend to avoid areas where noise 
levels are high (Richardson et al., 1995).
    For the rest of the three marine mammal species, takes that are 
anticipated and proposed to be authorized are expected to be limited to 
short-term Level B harassment (behavioral and TTS). Marine mammals 
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 levels during 
pile driving and pile removal and the implosion noise. These behavioral 
distances are not expected to affect marine mammals' growth, survival, 
and reproduction due to the limited geographic area that would be 
affected in comparison to the much larger habitat for marine mammals in 
the Puget Sound. A few marine mammals could experience TTS if they 
occur within the Level B TTS ZOI. However, as discussed earlier 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.
    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 ESA designated critical area in the vicinity of the Mukilteo 
Multimodal Project area. The project activities would not permanently 
modify existing marine mammal habitat. The activities may kill some 
fish and 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. Therefore, given the consideration 
of potential impacts to marine mammal prey species and their physical 
environment, WSDOT's proposed construction activity at Mukilteo Ferry 
Terminal would not adversely affect marine mammal habitat.
    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 proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total take from 
the proposed activity will have a negligible impact on all affected 
marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, NMFS compares the number of 
individuals taken to the most appropriate estimation of abundance of 
the relevant species or stock in our determination of whether an 
authorization is limited to small numbers of marine mammals.
    The estimated takes are below 12 percent of the population for all 
marine mammals except harbor porpoise (Table 7). For harbor porpoise, 
the estimate of 6,759 incidences of takes would be 60.2 percent of the 
population, if each single take were a unique individual. However, this 
is highly unlikely because the harbor porpoise in Washington waters 
shows site fidelity to small areas for periods of time that can extend 
between seasons (Hanson et al. 1999; Hanson 2007a, 2007b). For example, 
Hanson et al. (1999) tracked a female harbor porpoise for 215 days, 
during which it remained exclusively within the southern Strait of 
Georgia region. Based on studies by Jefferson et al. (2016), harbor 
porpoise abundance in the East Whidbey region, which is

[[Page 21807]]

adjunct to the Mukilteo Ferry Terminal construction, is 497, and harbor 
porpoise abundance in the entire surrounding area of North Puget Sound 
is 1,798. Therefore, if the estimated incidents of take accrued to all 
the animals expected to occur in the entire North Puget Sound area 
(1,798 animals), it would be 16.01 percent of the Washington inland 
water stock of the harbor porpoise.
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

Unmitigable Adverse Impact Subsistence Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks would 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

    Issuance of an MMPA authorization requires compliance with the ESA 
for any species that are listed or proposed as threatened or 
endangered.
    The humpback whale and the killer whale (southern resident distinct 
population segment (DPS)) are the only marine mammal species listed 
under the ESA that could occur in the vicinity of WSDOT's proposed 
construction project. Two DPSs of the humpback whale stock, the Mexico 
DPS and the Central America DPS, are listed as threatened and 
endangered under the ESA, respectively. NMFS' Office of Protected 
Resources has initiated consultation with NMFS' West Coast Regional 
Office under section 7 of the ESA on the issuance of an IHA to WSDOT 
under section 101(a)(5)(D) of the MMPA for this activity.
    NMFS will conclude the ESA consultation prior to reaching a 
determination regarding the proposed issuance of the authorization.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to WSDOT for conducting Mukilteo Multimodal Project phase 
2 between August 1, 2016, and February 15, 2017, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated. This section contains a draft of the IHA itself. The 
wording contained in this section is proposed for inclusion in the IHA 
(if issued).
    1. This Authorization is valid from August 1, 2017, through July 
31, 2018.
    2. This Authorization is valid only for activities associated with 
in-water construction work at the Mukilteo Multimodal Project phase 2 
in the State of Washington.
    3. (a) The species authorized taking by, Level A and Level B 
harassment and in the numbers shown in Table 6 are: Pacific harbor seal 
(Phoca vitulina), northern elephant seal (Mirounga angustirostris), 
California sea lion (Zalophus californianus), Steller sea lion 
(Eumetopias jubatus), killer whale (Orcinus orca), gray whale 
(Eschrichtius robustus), humpback whale (Megaptera novaeangliae), 
harbor porpoise (Phocoena phocoena), and Dall's porpoise (P. dalli).
    (b) The authorization for taking by harassment is limited to the 
following acoustic sources and from the following activities:
     Impact pile driving;
     Vibratory pile driving; and
     Vibratory pile removal.
    4. Prohibitions.
    (a) The taking, by incidental harassment only, is limited to the 
species listed under condition 3(a) above and by the numbers listed in 
Table 6 of this notice. The taking by death of these species or the 
taking by harassment, injury or death of any other species of marine 
mammal is prohibited unless separately authorized or exempted under the 
MMPA and may result in the modification, suspension, or revocation of 
this Authorization.
    (b) The taking of any marine mammal is prohibited whenever the 
required protected species observers (PSOs), required by condition 
7(a), are not present in conformance with condition 7(a) of this 
Authorization.
    5. Mitigation.
    (a) Time Restriction. In-water construction work shall occur only 
during daylight hours.
    (b) Establishment of Level A and Level B Harassment Zones.
    (A) Before the commencement of in-water pile driving/removal 
activities, WSDOT shall establish Level A harassment zones. The modeled 
Level A zones are summarized in Table 5.
    (B) Before the commencement of in-water pile driving/removal 
activities, WSDOT shall establish Level B harassment zones. The modeled 
Level B zones are summarized in Table 5.
    (C) Before the commencement of in-water pile driving/removal 
activities, WSDOT shall establish exclusion zones. The proposed 
exclusion zones are summarized in Table 7.
    (c) Monitoring of marine mammals shall take place starting 30 
minutes before pile driving begins until 30 minutes after pile driving 
ends.
    (d) Soft Start.
    (i) When there has been downtime of 30 minutes or more without pile 
driving, the contractor will initiate the driving with ramp-up 
procedures described below.
    (ii) Soft start for impact hammers requires contractors to provide 
an initial set of three strikes from the impact hammer at 40 percent 
energy, followed by a 1-minute waiting period, then two subsequent 
three-strike sets. Each day, WSDOT will use the soft-start technique at 
the beginning of impact pile driving, or if pile driving has ceased for 
more than 30 minutes.
    (e) Shutdown Measures.
    (i) WSDOT shall implement shutdown measures if a marine mammal is 
detected within or to be approaching the exclusion zones provided in 
Table 7 of this notice.
    (ii) WSDOT shall implement shutdown measures if southern resident 
killer whales (SRKWs) are sighted within the vicinity of the project 
area and are approaching the Level B harassment zone (zone of 
influence, or ZOI) during in-water construction activities.
    (iii) If a killer whale approaches the ZOI during pile driving or 
removal, and it is unknown whether it is a SRKW or a transient killer 
whale, it shall be assumed to be a SRKW and WSDOT shall implement the 
shutdown measure identified in 6(e)(ii).
    (iv) If a SRKW enters the ZOI undetected, in-water pile driving or 
pile removal shall be suspended until the SRKW exits the ZOI to avoid 
further level B harassment.
    (v) WSDOT shall implement shutdown measures if the number of any 
allotted marine mammal takes reaches the limit under the IHA, if such 
marine mammals are sighted within the vicinity of the project area and 
are approaching the Level B harassment zone during pile removal 
activities.
    (f) Coordination with Local Marine Mammal Research Network.
    Prior to the start of pile driving, WSDOT will contact the Orca 
Network and/or Center for Whale Research to get real-time information 
on the presence or absence of whales before starting any pile driving.
    6. Monitoring.
    (a) Protected Species Observers.
    WSDOT shall employ NMFS-approved PSOs to conduct marine

[[Page 21808]]

mammal monitoring for its construction project. NMFS-approved PSOs will 
meet the following qualifications.
    (i) Independent observers (i.e., not construction personnel) are 
required.
    (ii) At least one observer must have prior experience working as an 
observer.
    (iii) Other observers may substitute education (undergraduate 
degree in biological science or related field) or training for 
experience.
    (iv) Where a team of three or more observers are required, one 
observer should be designated as lead observer or monitoring 
coordinator. The lead observer must have prior experience working as an 
observer.
    (v) NMFS will require submission and approval of observer CVs.
    (b) Monitoring Protocols: PSOs shall be present on site at all 
times during pile removal and driving.
    (i) A 30-minute pre-construction marine mammal monitoring will be 
required before the first pile driving or pile removal of the day. A 
30-minute post-construction marine mammal monitoring will be required 
after the last pile driving or pile removal of the day. If the 
constructors take a break between subsequent pile driving or pile 
removal for more than 30 minutes, then additional 30-minute pre-
construction marine mammal monitoring will be required before the next 
start-up of pile driving or pile removal.
    (iii) Marine mammal visual monitoring will be conducted for 
different ZOIs based on different sizes of piles being driven or 
removed, as shown in maps in WSDOT's Marine Mammal Monitoring Plan.
    (A) For Level A zones less than 160 m and Level B zones less than 
1,000 m (i.e., vibratory 12-in H pile driving, 10 piles/day; impact 
proofing of 24-in steel piles, 3 piles/day), two land-based PSOs will 
monitor the exclusion zones and Level B harassment zone.
    (B) For Level A zones between 160 and 500 m, and Level B zones 
between 1,000 and 10,000 m (i.e., vibratory pile driving and removal of 
24-in steel piles, 3 piles/day; vibratory driving and removal of steel 
sheet; and impact proofing of 30-in steel piles, 5 piles/day), 5 land-
based PSOs and 1 vessel-based PSO on a ferry will monitor the Level A 
and Level B harassment zones.
    (C) For the rest of the pile driving and pile removal scenario, 5 
land-based PSOs and 2 vessel-based PSOs on ferries will monitor the 
Level A and Level B harassment zones.
    (iv) If marine mammals are observed, the following information will 
be documented:
    (A) Species of observed marine mammals;
    (B) Number of observed marine mammal individuals;
    (C) Behavior of observed marine mammals;
    (D) Location within the ZOI; and
    7. Reporting:
    (a) WSDOT shall provide NMFS with a draft monitoring report within 
90 days of the conclusion of the construction work or within 90 days of 
the expiration of the IHA, whichever comes first. This report shall 
detail the monitoring protocol, summarize the data recorded during 
monitoring, and estimate the number of marine mammals that may have 
been harassed.
    (b) If comments are received from NMFS Office of Protected 
Resources on the draft report, a final report shall be submitted to 
NMFS within 30 days thereafter. If no comments are received from NMFS, 
the draft report will be considered to be the final report.
    (c) In the unanticipated event that the construction activities 
clearly cause the take of a marine mammal in a manner prohibited by 
this Authorization (if issued), such as an injury, serious injury, or 
mortality, WSDOT shall immediately cease all operations and immediately 
report the incident to the Office of Protected Resources, NMFS, and the 
West Coast Regional Stranding Coordinators. The report must include the 
following information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) description of the incident;
    (iii) status of all sound source use in the 24 hours preceding the 
incident;
    (iv) environmental conditions (e.g., wind speed and direction, sea 
state, cloud cover, visibility, and water depth);
    (v) description of marine mammal observations in the 24 hours 
preceding the incident;
    (vi) species identification or description of the animal(s) 
involved;
    (vii) the fate of the animal(s); and
    (viii) photographs or video footage of the animal (if equipment is 
available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with WSDOT to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. WSDOT may not resume their 
activities until notified by NMFS via letter, email, or telephone.
    (E) In the event that WSDOT discovers an injured or dead marine 
mammal, and the lead PSO determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition as described in the next paragraph), 
WSDOT will immediately report the incident to the Office of Protected 
Resources, NMFS, and the West Coast Regional Stranding Coordinators. 
The report must include the same information identified above. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with WSDOT to determine whether modifications 
in the activities are appropriate.
    (F) In the event that WSDOT discovers an injured or dead marine 
mammal, and the lead PSO determines that the injury or death is not 
associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), WSDOT shall report the incident to 
the Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinators, within 24 hours of the discovery. WSDOT shall 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS and the Marine 
Mammal Stranding Network. WSDOT can continue its operations under such 
a case.
    8. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.
    9. A copy of this Authorization must be in the possession of each 
contractor who performs the construction work at the Mukilteo Ferry 
Terminal.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHA for the WSDOT's 
Mukilteo Multimodal Project Phase 2. Please include with your comments 
any supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization.

    Dated: May 4, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-09417 Filed 5-9-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                             21793

                                                    Council address: New England                          ACTION: Proposed incidental harassment                engage in a specified activity (other than
                                                  Fishery Management Council, 50 Water                    authorization (IHA); request for                      commercial fishing) within a specified
                                                  Street, Mill 2, Newburyport, MA 01950.                  comments.                                             geographical region if certain findings
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              are made and either regulations are
                                                                                                          SUMMARY:    NMFS has received a request               issued or, if the taking is limited to
                                                  Thomas A. Nies, Executive Director,
                                                                                                          from Washington State Department of                   harassment, a notice of a proposed
                                                  New England Fishery Management
                                                                                                          Transportation (WSDOT) for                            authorization is provided to the public
                                                  Council; telephone: (978) 465–0492.
                                                                                                          authorization to take marine mammals                  for review.
                                                  SUPPLEMENTARY INFORMATION:                              incidental to Mukilteo Multimodal                        An authorization for incidental
                                                  Agenda                                                  Construction Project in Washington                    takings shall be granted if NMFS finds
                                                                                                          State. Pursuant to the Marine Mammal                  that the taking will have a negligible
                                                     The Monkfish Advisory Panel will                     Protection Act (MMPA), NMFS is                        impact on the species or stock(s), will
                                                  discuss the potential continuation of                   requesting comments on its proposal to                not have an unmitigable adverse impact
                                                  Amendment 6 to implement catch                          issue an IHA to incidentally take marine              on the availability of the species or
                                                  shares in the monkfish fishery. They                    mammals during the specified activities.              stock(s) for subsistence uses (where
                                                  will also discuss research priorities for
                                                                                                          DATES: Comments and information must                  relevant), and if the permissible
                                                  the monkfish RSA program. Other
                                                                                                          be received no later than June 9, 2017.               methods of taking and requirements
                                                  business will be discussed as needed.
                                                                                                          ADDRESSES: Comments should be                         pertaining to the mitigation, monitoring
                                                     Although non-emergency issues not
                                                                                                          addressed to Jolie Harrison, Chief,                   and reporting of such takings are set
                                                  contained in this agenda may come
                                                                                                          Permits and Conservation Division,                    forth.
                                                  before this group for discussion, those                                                                          NMFS has defined ‘‘negligible
                                                  issues may not be the subject of formal                 Office of Protected Resources, National
                                                                                                          Marine Fisheries Service. Physical                    impact’’ in 50 CFR 216.103 as an impact
                                                  action during this meeting. Action will                                                                       resulting from the specified activity that
                                                  be restricted to those issues specifically              comments should be sent to 1315 East-
                                                                                                          West Highway, Silver Spring, MD 20910                 cannot be reasonably expected to, and is
                                                  listed in this notice and any issues                                                                          not reasonably likely to, adversely affect
                                                  arising after publication of this notice                and electronic comments should be sent
                                                                                                          to ITP.guan@noaa.gov.                                 the species or stock through effects on
                                                  that require emergency action under                                                                           annual rates of recruitment or survival.
                                                  section 305(c) of the Magnuson-Stevens                     Instructions: NMFS is not responsible
                                                                                                          for comments sent by any other method,                   The MMPA states that the term ‘‘take’’
                                                  Act, provided the public has been                                                                             means to harass, hunt, capture, kill or
                                                  notified of the Council’s intent to take                to any other address or individual, or
                                                                                                          received after the end of the comment                 attempt to harass, hunt, capture, or kill
                                                  final action to address the emergency.                                                                        any marine mammal.
                                                                                                          period. Comments received
                                                  Special Accommodations                                  electronically, including all                            Except with respect to certain
                                                                                                          attachments, must not exceed a 25-                    activities not pertinent here, the MMPA
                                                    This meeting is physically accessible                                                                       defines ‘‘harassment’’ as: Any act of
                                                  to people with disabilities. Requests for               megabyte file size. Attachments to
                                                                                                          electronic comments will be accepted in               pursuit, torment, or annoyance which (i)
                                                  sign language interpretation or other                                                                         has the potential to injure a marine
                                                  auxiliary aids should be directed to                    Microsoft Word or Excel or Adobe PDF
                                                                                                          file formats only. All comments                       mammal or marine mammal stock in the
                                                  Thomas A. Nies, Executive Director, at                                                                        wild (Level A harassment); or (ii) has
                                                  (978) 465–0492, at least 5 days prior to                received are a part of the public record
                                                                                                          and will generally be posted online at                the potential to disturb a marine
                                                  the meeting date. This meeting will be                                                                        mammal or marine mammal stock in the
                                                  recorded. Consistent with 16 U.S.C.                     www.nmfs.noaa.gov/pr/permits/
                                                                                                          incidental/construction.htm without                   wild by causing disruption of behavioral
                                                  1852, a copy of the recording is                                                                              patterns, including, but not limited to,
                                                  available upon request.                                 change. All personal identifying
                                                                                                          information (e.g., name, address)                     migration, breathing, nursing, breeding,
                                                     Authority: 16 U.S.C. 1801 et seq.
                                                                                                          voluntarily submitted by the commenter                feeding, or sheltering (Level B
                                                    Dated: May 4, 2017.                                   may be publicly accessible. Do not                    harassment).
                                                  Tracey L. Thompson,                                     submit confidential business                          National Environmental Policy Act
                                                  Acting Deputy Director, Office of Sustainable           information or otherwise sensitive or                    Issuance of an MMPA 101(a)(5)(D)
                                                  Fisheries, National Marine Fisheries Service.           protected information.                                authorization requires compliance with
                                                  [FR Doc. 2017–09433 Filed 5–9–17; 8:45 am]              FOR FURTHER INFORMATION CONTACT:                      the National Environmental Policy Act.
                                                  BILLING CODE 3510–22–P                                  Shane Guan, Office of Protected                          NMFS preliminary determined the
                                                                                                          Resources, NMFS, (301) 427–8401.                      issuance of the proposed IHA is
                                                                                                          Electronic copies of the applications                 consistent with categories of activities
                                                  DEPARTMENT OF COMMERCE                                  and supporting documents, as well as a                identified in CE B4 (issuance of
                                                                                                          list of the references cited in this                  incidental harassment authorizations
                                                  National Oceanic and Atmospheric                        document, may be obtained online at:                  under section 101(a)(5)(A) and (D) of the
                                                  Administration                                          www.nmfs.noaa.gov/pr/permits/                         MMPA for which no serious injury or
                                                                                                          incidental/construction.htm. In case of               mortality is anticipated) of the
                                                  RIN 0648–XF340                                          problems accessing these documents,                   Companion Manual for NAO 216–6A
                                                  Takes of Marine Mammals Incidental to                   please call the contact listed above.                 and we have not identified any
                                                  Specified Activities; Taking Marine                     SUPPLEMENTARY INFORMATION:                            extraordinary circumstances listed in
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Mammals Incidental to Mukilteo                                                                                Chapter 4 of the Companion Manual for
                                                                                                          Background                                            NAO 216–6A that would preclude this
                                                  Multimodal Construction Project in
                                                  Washington State                                          Sections 101(a)(5)(A) and (D) of the                categorical exclusion.
                                                                                                          MMPA (16 U.S.C. 1361 et seq.) direct                     We will review all comments
                                                  AGENCY:  National Marine Fisheries                      the Secretary of Commerce to allow,                   submitted in response to this notice
                                                  Service (NMFS), National Oceanic and                    upon request, the incidental, but not                 prior to making a final decision as to
                                                  Atmospheric Administration (NOAA),                      intentional, taking of small numbers of               whether application of this CE is
                                                  Commerce.                                               marine mammals by U.S. citizens who                   appropriate in this circumstance.


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                                                  21794                        Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  Summary of Request                                      reliability, efficiency, and effectiveness            steel piles. An impact hammer is a steel
                                                     NMFS received a request from                         of multimodal transportation.                         device that works like a piston. Impact
                                                  WSDOT for an IHA to take marine                           • Accommodate future demand                         hammers are usually large, though small
                                                  mammals incidental to Mukilteo                          projected for transit, HOV, pedestrian,               impact hammers are used to install
                                                  Multimodal Project in Mukilteo,                         bicycle, and general-purpose traffic.                 small diameter plastic/steel core piles.
                                                  Washington. WSDOT’s request was for                       The proposed Mukilteo Multimodal                       Impact hammers have guides (called a
                                                  harassment only and NMFS concurs                        Project would involve in-water impact                 lead) that hold the hammer in alignment
                                                  that serious injury or mortality is not                 and vibratory pile driving and vibratory              with the pile while a heavy piston
                                                  expected to result from this activity.                  pile removal. Details of the proposed                 moves up and down, striking the top of
                                                  Therefore, an IHA is appropriate.                       construction project are provided below.              the pile, and drives it into the substrate
                                                     On April 7, 2016, WSDOT submitted                    Dates and Duration                                    from the downward force of the hammer
                                                  a request to NMFS requesting an IHA for                                                                       on the top of the pile.
                                                  the possible harassment of small                           Due to NMFS and the U.S. Fish and                     To drive the pile, the pile is first
                                                  numbers of marine mammal species                        Wildlife Service (USFWS) in-water                     moved into position and set in the
                                                  incidental to construction associated                   work timing restrictions to protect ESA-              proper location using a choker cable or
                                                  with the Mukilteo Multimodal Project in                 listed salmonids, planned WSDOT in-                   vibratory hammer. Once the pile is set
                                                  Mukilteo, Washington, between August                    water construction is limited each year               in place, pile installation with an
                                                  1, 2017, and July 31, 2018. WSDOT                       to July 16 through February 15. For this              impact hammer can take less than 15
                                                  subsequently updated its project scope                  project, in-water construction is                     minutes under good conditions, to over
                                                  and submitted a revised IHA application                 planned to take place between August 1,               an hour under poor conditions (such as
                                                  on April 10, 2017. NMFS determined                      2017 and February 15, 2018. The total                 glacial till and bedrock, or exceptionally
                                                  the IHA application was complete on                     worst-case time for pile installation and             loose material in which the pile
                                                  April 14, 2017. NMFS is proposing to                    removal is 175 days (Table 1).                        repeatedly moves out of position).
                                                  authorize the take by Level A and Level                 Specified Geographic Region                              Impact hammer is also used for
                                                  B harassment of the following marine                                                                          ‘‘proofing’’ after pile is driven using a
                                                                                                            The Mukilteo Ferry Terminal is                      vibratory hammer to set the pile firmly.
                                                  mammal species: Harbor seal (Phoca
                                                                                                          located in the City of Mukilteo,
                                                  vitulina), California sea lion (Zalophus                                                                         Details of pile driving activities are
                                                                                                          Snohomish County, Washington. The
                                                  californianus), Steller sea lion                                                                              provided below and are summarized in
                                                                                                          terminal is located in Township 28
                                                  (Eumetopias jubatus), northern elephant                                                                       Table 1.
                                                                                                          North, Range 4 East, Section 3, in
                                                  seal (Mirounga angustirostris), killer                                                                           • Vibratory driving of 24-inch
                                                                                                          Possession Sound. The new terminal
                                                  whale (Orcinus orca), gray whale                                                                              temporary steel pile and steel piles for
                                                                                                          will be approximately 1,700 ft east of
                                                  (Eschrichtius robustus), humpback                                                                             a public fishing pier. Installation of each
                                                                                                          the existing terminal in Township 28N,
                                                  whale (Megaptera novaeangliae), harbor                                                                        pile will take approximately 60 minutes,
                                                                                                          Range 4E, Section 33 (Figure 1–2 of the
                                                  porpoise (Phocoena phocoena), and                                                                             3 piles installed per day, with 117 piles
                                                                                                          IHA application). Land use in the
                                                  Dall’s porpoise (P. dalli).                                                                                   installed over 39 days.
                                                                                                          Mukilteo area is a mix of residential,
                                                                                                                                                                   • Vibratory removal of 69 temporary
                                                  Description of Proposed Activity                        commercial, industrial, and open space
                                                                                                                                                                24-inch diameter steel piles. This will
                                                  Overview                                                and/or undeveloped lands.
                                                                                                                                                                take approximately 15 minutes per pile,
                                                     The purpose of the Mukilteo                          Detailed Description of In-Water Pile                 with 3 piles removed per day over 23
                                                  Multimodal Project is to provide safe,                  Driving Associated With Mukilteo                      days.
                                                  reliable, and effective service and                     Multimodal Project                                       • Vibratory driving of 40 30-inch steel
                                                  connection for general-purpose                            The proposed project has two                        piles. This will take approximately 60
                                                  transportation, transit, high occupancy                 elements involving noise production                   minutes per pile, with 3 piles installed
                                                  vehicles (HOV), pedestrians, and                        that may affect marine mammals:                       per day over 14 days.
                                                  bicyclists traveling between Island                     Vibratory hammer driving and removal,                    • Vibratory removal of 2 30-inch test
                                                  County and the Seattle/Everett                          and impact hammer driving.                            steel piles. This will take approximately
                                                  metropolitan area and beyond by                                                                               15 minutes per pile, with both piles
                                                  constructing a new ferry terminal. The                  (1) Vibratory Hammer Driving and                      removed in 1 day.
                                                  current Mukilteo Ferry Terminal has not                 Removal                                                  • Vibratory removal of 7 30-inch
                                                  had significant improvements for almost                    Vibratory hammers are commonly                     inner dolphin steel piles. This will take
                                                  30 years and needs key repairs. The                     used in steel pile driving where                      approximately 15 minutes per pile, with
                                                  existing facility is deficient in a number              sediments allow, and involve the same                 all 7 piles removed in 1 day.
                                                  of aspects, such as safety, multimodal                  vibratory hammer used in pile removal.                   • Vibratory driving of 6 36-inch steel
                                                  connectivity, capacity, and the ability to              The pile is placed into position using a              piles. This will take approximately 60
                                                  support the goals of local and regional                 choker and crane, and then vibrated                   minutes per pile, with 3 piles installed
                                                  long-range transportation and                           between 1,200 and 2,400 vibrations per                per day over 2 days.
                                                  comprehensive plans. The project is                     minute. The vibrations liquefy the                       • Vibratory driving of 2 78-inch
                                                  intended to:                                            sediment surrounding the pile allowing                diameter drilled steel shafts. This will
                                                     • Reduce conflicts, congestion, and                  it to penetrate to the required seating               take approximately 60 minutes to install
                                                  safety concerns for pedestrians,                        depth, or to be removed. The type of                  in one day.
                                                                                                                                                                   • Vibratory driving of a 120-inch
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                                                  bicyclists, and motorists by improving                  vibratory hammer that will be used for
                                                  local traffic and safety at the terminal                the project will likely be an APE 400                 diameter drilled steel shaft. This will
                                                  and the surrounding area that serves                    King Kong (or equivalent) with a drive                take approximately 60 minutes to install
                                                  these transportation needs.                             force of 361 tons.                                    in one day.
                                                     • Provide a terminal and supporting                                                                           • Vibratory driving of 139 steel H-
                                                  facilities with the infrastructure and                  (2) Impact Hammer Installation                        piles. This will take approximately 30
                                                  operating characteristics needed to                       Impact hammers are used to install                  minutes per pile, with 10 piles installed
                                                  improve the safety, security, quality,                  plastic/steel core, wood, concrete, or                per day over 14 days.


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                                                                                         Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                                                  21795

                                                    • Vibratory driving of 90 temporary                                        • Impact driving (proofing; 300                                      15 minutes per pile, with all 5 piles
                                                  steel sheet piles. This will take                                         strikes per pile) of 68 temporary 24-inch                               installed in 1 day.
                                                  approximately 30 minutes per pile, with                                   diameter steel piles. This will take                                      • Impact driving with 3000 strikes
                                                  3 sheet piles installed per day over 30                                   approximately 15 minutes per pile, with                                 per pile of 25 30-inch diameter steel
                                                  days.                                                                     3 piles installed per day over 23 days.
                                                    • Vibratory removal of 90 temporary                                                                                                             piles. This will take approximately 15
                                                  steel sheet piles. This will take                                            • Impact driving (proofing; 300                                      minutes per pile, with 3 piles installed
                                                  approximately 15 minutes per pile, with                                   strikes per pile) of 5 30-inch diameter                                 per day over 9 days.
                                                  6 piles removed per day over 15 days.                                     steel piles. This will take approximately

                                                                                                        TABLE 1—SUMMARY OF IN-WATER PILE DRIVING DURATIONS
                                                                                                                                                                                                                     Duration
                                                                                                                                                                                                                 (min./sec.) per
                                                                                                                                                                           Pile size                                                          Duration
                                                                                  Method                                                   Pile type                                             Pile number      pile (vib.) or
                                                                                                                                                                            (inch)                                                             (days)
                                                                                                                                                                                                                 strikes per pile
                                                                                                                                                                                                                     (impact)

                                                  Vibratory driving .......................................................        Steel   ......................                         24             117                  60/3600                    39
                                                  Vibratory removal .....................................................          Steel   ......................                         24              69                   15/900                    23
                                                  Vibratory driving .......................................................        Steel   ......................                         30              40                  60/3600                    14
                                                  Vibratory removal .....................................................          Steel   ......................                         30               2                  30/1800                     1
                                                  Vibratory removal .....................................................          Steel   ......................                         30               7                  15/1800                     1
                                                  Vibratory driving .......................................................        Steel   ......................                         36               6                  60/3600                     2
                                                  Vibratory driving .......................................................        Steel   shaft .............                            78               2                  60/3600                     2
                                                  Vibratory driving .......................................................        Steel   shaft .............                          120                1                  60/3600                     1
                                                  Vibratory driving .......................................................        Steel   H-pile ...........                             12             139                  30/1800                    14
                                                  Vibratory driving .......................................................        Steel   sheet ............         ........................            90                  30/1800                    30
                                                  Vibratory removal .....................................................          Steel   sheet ............         ........................            90                   15/900                    15
                                                  Impact proofing .........................................................        Steel   ......................                         24              68                      300                    23
                                                  Impact driving ...........................................................       Steel   ......................                         30              25                     3000                     9
                                                  Impact proofing .........................................................        Steel   ......................                         30               5                      300                     1

                                                        Total ..................................................................   ...............................    ........................           661   ............................          175



                                                     Proposed mitigation, monitoring, and                                   assessments.html. Table 2 lists all                                     given area but for which there are one
                                                  reporting measures are described in                                       species with expected potential for                                     or more occurrence records that are
                                                  detail later in this document (please see                                 occurrence in Mukilteo project area and                                 considered beyond the normal range of
                                                  ‘‘Proposed Mitigation’’ and ‘‘Proposed                                    summarizes information related to the                                   the species. For status of species, we
                                                  Monitoring and Reporting’’).                                              population or stock, including potential                                provide information regarding U.S.
                                                                                                                            biological removal (PBR), where known.                                  regulatory status under the MMPA and
                                                  Description of Marine Mammals in the
                                                  Area of Specified Activities                                              For taxonomy, we follow Committee on                                    ESA.
                                                                                                                            Taxonomy (2016). PBR, defined by the                                      Marine mammal abundance estimates
                                                     We have reviewed the applicants’                                       MMPA as the maximum number of                                           presented in this document represent
                                                  species information—which                                                 animals, not including natural
                                                  summarizes available information                                                                                                                  the total number of individuals that
                                                                                                                            mortalities, that may be removed from a                                 make up a given stock or the total
                                                  regarding status and trends, distribution
                                                                                                                            marine mammal stock while allowing                                      number estimated within a particular
                                                  and habitat preferences, behavior and
                                                                                                                            that stock to reach or maintain its                                     study area. NMFS’s stock abundance
                                                  life history, and auditory capabilities of
                                                  the potentially affected species—for                                      optimum sustainable population, is                                      estimates for most species represent the
                                                  accuracy and completeness and refer the                                   considered in concert with known                                        total estimate of individuals within the
                                                  reader to Sections 3 and 4 of the                                         sources of ongoing anthropogenic                                        geographic area, if known, that
                                                  applications, as well as to NMFS’s Stock                                  mortality to assess the population-level                                comprises that stock.
                                                  Assessment Reports (SAR;                                                  effects of the anticipated mortality from                                 Nine species (with 10 managed
                                                  www.nmfs.noaa.gov/pr/sars/), instead of                                   a specific project (as described in                                     stocks) are considered to have the
                                                  reprinting all of the information here.                                   NMFS’s SARs). While no mortality is                                     potential to co-occur with the proposed
                                                  Additional general information about                                      anticipated or authorized here, PBR and                                 construction activities. Extralimital
                                                  these species (e.g., physical and                                         annual serious injury and mortality are                                 species or stocks unlikely to co-occur
                                                  behavioral descriptions) may be found                                     included here as gross indicators of the                                with the Mukilteo project include
                                                  on NMFS’s Web site                                                        status of the species and other threats.                                bottlenose dolphin, long-beaked
                                                  (www.nmfs.noaa.gov/pr/species/                                            Species that could potentially occur in                                 common dolphin, Risso’s dolphin,
                                                  mammals/), or in the U.S. Navy’s                                          the proposed survey areas but are not                                   Bryde’s whale, and minke whale. All
                                                  Marine Resource Assessments (MRA)                                         expected to have reasonable potential to                                values presented in Table 2 are the most
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                                                  for relevant operating areas. The MRAs                                    be harassed by WSDOT’s Mukilteo                                         recent available at the time of
                                                  are available online at:                                                  Multimodal project are described briefly                                publication and are available in the
                                                  www.navfac.navy.mil/products_and_                                         but omitted from further analysis. These                                2015 SARs (Carretta et al. 2016) and
                                                  services/ev/products_and_services/                                        include extralimital species, which are                                 draft 2016 SARs (available online at:
                                                  marine_resources/marine_resource_                                         species that do not normally occur in a                                 www.nmfs.noaa.gov/pr/sars/draft.htm).




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                                                  21796                                Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                                     TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROPOSED PROJECT AREA
                                                                                                                                                                                            Stock
                                                                                                                                                                           ESA/           abundance
                                                                                                                                                                          MMPA            (CV, Nmin,
                                                        Common name                           Scientific name                                Stock                        status;                           PBR          Annual M/SI 3
                                                                                                                                                                                          most recent
                                                                                                                                                                         strategic        abundance
                                                                                                                                                                          (Y/N) 1          survey) 2

                                                                                                 Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

                                                                                                                                        Family Eschrichtiidae

                                                  Gray whale .....................     Eschrichtius robustus ....              Eastern North Pacific ....              N ..............         20,990            624              132

                                                                                                                               Family Balaenopteridae (rorquals)

                                                  Humpback whale ...........           Megaptera novaeangliae                  California/Oregon/Wash-                 Y ..............          1,918            11.0             6.5
                                                                                                                                 ington.

                                                                                                     Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                                                                                                          Family Delphinidae

                                                  Killer whale .....................   Orcinus orca ..................         Eastern North Pacific                   Y ..............             78              0                0
                                                                                                                                 Southern Resident.
                                                                                                                               West coast transient ......             N ..............            243             2.4               0

                                                                                                                                Family Phocoenidae (porpoises)

                                                  Harbor porpoise .............        Phocoena phocoena .....                 Washington inland                       N ..............         11,233             66              7.2
                                                                                                                                waters.
                                                  Dall’s porpoise ...............      P. dalli ............................   California/Oregon/Wash-                 N ..............         25,750            172              0.3
                                                                                                                                ington.

                                                                                                                         Order Carnivora—Superfamily Pinnipedia

                                                                                                                      Family Otariidae (eared seals and sea lions)

                                                  California sea lion ..........       Zalophus californianus ..               U.S. ................................   N ..............       296,750           9,200              389
                                                  Steller sea lion ...............     Eumetopias jubatus .......              Eastern U.S. ..................         N ..............        71,562           2,498              108

                                                                                                                                Family Phocidae (earless seals)

                                                  Harbor seal ....................     Phoca vitulina ................         Washington northern in-                 N ..............       4 11,036          1,641               43
                                                                                                                                 land waters.
                                                  Elephant seal .................      Mirounga angustirostris                 California breeding ........            N ..............       179,000           2,882              8.8
                                                    1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is
                                                  not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct
                                                  human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future.
                                                  Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                                                    2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; N
                                                                                                                                                                             min is the minimum
                                                  estimate of stock abundance.
                                                    3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
                                                  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or
                                                  range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
                                                    4 Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here.




                                                  Potential Effects of Specified Activities                            Mitigation’’ section, to draw                                       before discussing the potential effects of
                                                  on Marine Mammals and Their Habitat                                  conclusions regarding the likely impacts                            the use of active acoustic sources on
                                                                                                                       of these activities on the reproductive                             marine mammals.
                                                     This section includes a summary and                               success or survivorship of individuals
                                                  discussion of the ways that components                                                                                                      Marine Mammal Hearing—Hearing is
                                                                                                                       and how those impacts on individuals                                the most important sensory modality for
                                                  of the specified activity may impact                                 are likely to impact marine mammal
                                                  marine mammals and their habitat. The                                                                                                    marine mammals underwater, and
                                                                                                                       species or stocks.                                                  exposure to anthropogenic sound can
                                                  ‘‘Estimated Take by Incidental
                                                  Harassment’’ section later in this                                     Potential impacts to marine mammals                               have deleterious effects. To
                                                  document will include a quantitative                                 from the proposed Mukilteo ferry                                    appropriately assess the potential effects
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                                                  analysis of the number of individuals                                terminal construction are from noise                                of exposure to sound, it is necessary to
                                                  that are expected to be taken by this                                generated during in-water pile driving                              understand the frequency ranges marine
                                                  activity. The ‘‘Negligible Impact                                    and pile removal activities.                                        mammals are able to hear. Current data
                                                  Analysis and Determination’’ section                                 Acoustic Effects                                                    indicate that not all marine mammal
                                                  will consider the content of this section,                                                                                               species have equal hearing capabilities
                                                  the ‘‘Estimated Take by Incidental                                     Here, we first provide background                                 (e.g., Richardson et al., 1995; Wartzok
                                                  Harassment’’ section, and the ‘‘Proposed                             information on marine mammal hearing                                and Ketten, 1999; Au and Hastings,


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                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                             21797

                                                  2008). To reflect this, Southall et al.                 especially in the higher frequency range              and amount as mentioned above for
                                                  (2007) recommended that marine                          (Hemilä et al., 2006; Kastelein et al.,              TTS.
                                                  mammals be divided into functional                      2009; Reichmuth and Holt, 2013).                         For marine mammals, published data
                                                  hearing groups based on directly                           For more detail concerning these                   are limited to the captive bottlenose
                                                  measured or estimated hearing ranges                    groups and associated frequency ranges,               dolphin, beluga, harbor porpoise, and
                                                  on the basis of available behavioral                    please see NMFS (2016) for a review of                Yangtze finless porpoise (Finneran et
                                                  response data, audiograms derived                       available information. Nine marine                    al., 2000, 2002, 2003, 2005, 2007, 2010a,
                                                  using auditory evoked potential                         mammal species (5 cetacean and 4                      2010b; Finneran and Schlundt, 2010;
                                                  techniques, anatomical modeling, and                    pinniped (2 otariid and 2 phocid)                     Lucke et al., 2009; Mooney et al., 2009a,
                                                  other data. Note that no direct                         species) have the reasonable potential to             2009b; Popov et al., 2011a, 2011b;
                                                  measurements of hearing ability have                    co-occur with the proposed survey                     Kastelein et al., 2012a; Schlundt et al.,
                                                  been successfully completed for                         activities. Please refer to Table 2. Of the           2000; Nachtigall et al., 2003, 2004). For
                                                  mysticetes (i.e., low-frequency                         cetacean species that may be present, 2               pinnipeds in water, data are limited to
                                                  cetaceans). Subsequently, NMFS (2016)                   are classified as low-frequency                       measurements of TTS in harbor seals, an
                                                  described generalized hearing ranges for                cetaceans (i.e., all mysticete species), 1            elephant seal, and California sea lions
                                                  these marine mammal hearing groups.                     is classified as mid-frequency cetaceans              (Kastak et al., 1999, 2005; Kastelein et
                                                  Generalized hearing ranges were chosen                  (i.e., killer whale), and 2 are classified            al., 2012b).
                                                  based on the approximately 65 dB                        as high-frequency cetaceans (i.e., harbor                Lucke et al. (2009) found a threshold
                                                  threshold from the normalized                           porpoise and Dall’s porpoise).                        shift (TS) of a harbor porpoise after
                                                  composite audiograms, with the                             The WSDOT’s Mukilteo Multimodal                    exposing it to airgun noise with a
                                                  exception for lower limits for low-                     construction work using in-water pile                 received sound pressure level (SPL) at
                                                  frequency cetaceans where the lower                                                                           200.2 dB (peak–to-peak) re: 1
                                                                                                          driving and pile removal could
                                                  bound was deemed to be biologically                                                                           micropascal (mPa), which corresponds to
                                                                                                          adversely affect marine mammal species
                                                  implausible and the lower bound from                                                                          a sound exposure level of 164.5 dB re:
                                                                                                          and stocks by exposing them to elevated
                                                  Southall et al. (2007) retained. The                                                                          1 mPa2 s after integrating exposure.
                                                                                                          noise levels in the vicinity of the
                                                  functional groups and the associated                                                                          Because the airgun noise is a broadband
                                                                                                          activity area.
                                                  frequencies are indicated below (note                                                                         impulse, one cannot directly determine
                                                                                                             Exposure to high intensity sound for               the equivalent of rms SPL from the
                                                  that these frequency ranges correspond                  a sufficient duration may result in
                                                  to the range for the composite group,                                                                         reported peak-to-peak SPLs. However,
                                                                                                          auditory effects such as a noise-induced              applying a conservative conversion
                                                  with the entire range not necessarily                   threshold shift—an increase in the
                                                  reflecting the capabilities of every                                                                          factor of 16 dB for broadband signals
                                                                                                          auditory threshold after exposure to                  from seismic surveys (McCauley, et al.,
                                                  species within that group):
                                                                                                          noise (Finneran et al., 2005). Factors
                                                     • Low-frequency cetaceans                                                                                  2000) to correct for the difference
                                                                                                          that influence the amount of threshold                between peak-to-peak levels reported in
                                                  (mysticetes): Generalized hearing is
                                                                                                          shift include the amplitude, duration,                Lucke et al. (2009) and rms SPLs, the
                                                  estimated to occur between
                                                                                                          frequency content, temporal pattern,                  rms SPL for TTS would be
                                                  approximately 7 Hz and 35 kHz, with
                                                                                                          and energy distribution of noise                      approximately 184 dB re: 1 mPa, and the
                                                  best hearing estimated to be from 100
                                                                                                          exposure. The magnitude of hearing                    received levels associated with PTS
                                                  Hz to 8 kHz;
                                                     • Mid-frequency cetaceans (larger                    threshold shift normally decreases over               (Level A harassment) would be higher.
                                                  toothed whales, beaked whales, and                      time following cessation of the noise                 Therefore, based on these studies,
                                                  most delphinids): Generalized hearing is                exposure. The amount of threshold shift               NMFS recognizes that TTS of harbor
                                                  estimated to occur between                              just after exposure is the initial                    porpoises is lower than other cetacean
                                                  approximately 150 Hz and 160 kHz,                       threshold shift. If the threshold shift               species empirically tested (Finneran &
                                                  with best hearing from 10 to less than                  eventually returns to zero (i.e., the                 Schlundt, 2010; Finneran et al., 2002;
                                                  100 kHz;                                                threshold returns to the pre-exposure                 Kastelein and Jennings, 2012).
                                                     • High-frequency cetaceans                           value), it is a temporary threshold shift                Marine mammal hearing plays a
                                                  (porpoises, river dolphins, and members                 (Southall et al., 2007).                              critical role in communication with
                                                  of the genera Kogia and                                    Threshold Shift (noise-induced loss of             conspecifics, and interpretation of
                                                  Cephalorhynchus; including two                          hearing)—When animals exhibit                         environmental cues for purposes such
                                                  members of the genus Lagenorhynchus,                    reduced hearing sensitivity (i.e., sounds             as predator avoidance and prey capture.
                                                  on the basis of recent echolocation data                must be louder for an animal to detect                Depending on the degree (elevation of
                                                  and genetic data): Generalized hearing is               them) following exposure to an intense                threshold in dB), duration (i.e., recovery
                                                  estimated to occur between                              sound or sound for long duration, it is               time), and frequency range of TTS, and
                                                  approximately 275 Hz and 160 kHz.                       referred to as a noise-induced threshold              the context in which it is experienced,
                                                     • Pinnipeds in water; Phocidae (true                 shift (TS). An animal can experience                  TTS can have effects on marine
                                                  seals): Generalized hearing is estimated                temporary threshold shift (TTS) or                    mammals ranging from discountable to
                                                  to occur between approximately 50 Hz                    permanent threshold shift (PTS). TTS                  serious (similar to those discussed in
                                                  to 86 kHz, with best hearing between                    can last from minutes or hours to days                auditory masking, below). For example,
                                                  1–50 kHz;                                               (i.e., there is complete recovery), can               a marine mammal may be able to readily
                                                     • Pinnipeds in water; Otariidae (eared               occur in specific frequency ranges (i.e.,             compensate for a brief, relatively small
                                                  seals): Generalized hearing is estimated                an animal might only have a temporary                 amount of TTS in a non-critical
                                                                                                          loss of hearing sensitivity between the               frequency range that occurs during a
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  to occur between 60 Hz and 39 kHz,
                                                  with best hearing between 2–48 kHz.                     frequencies of 1 and 10 kHz), and can                 time where ambient noise is lower and
                                                     • The pinniped functional hearing                    be of varying amounts (for example, an                there are not as many competing sounds
                                                  group was modified from Southall et al.                 animal’s hearing sensitivity might be                 present. Alternatively, a larger amount
                                                  (2007) on the basis of data indicating                  reduced initially by only 6 decibel (dB)              and longer duration of TTS sustained
                                                  that phocid species have consistently                   or reduced by 30 dB). PTS is permanent,               during time when communication is
                                                  demonstrated an extended frequency                      but some recovery is possible. PTS can                critical for successful mother/calf
                                                  range of hearing compared to otariids,                  also occur in a specific frequency range              interactions could have more serious


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                                                  21798                        Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  impacts. Also, depending on the degree                  vibratory pile driving and pile removal               (Wilson and Dill 2002). Experiments
                                                  and frequency range, the effects of PTS                 contribute to the elevated ambient noise              have shown that fish can sense both the
                                                  on an animal could range in severity,                   levels in the project area, thus                      strength and direction of sound
                                                  although it is considered generally more                increasing potential for or severity of               (Hawkins 1981). Primary factors
                                                  serious because it is a permanent                       masking. Baseline ambient noise levels                determining whether a fish can sense a
                                                  condition. Of note, reduced hearing                     in the vicinity of project area are high              sound signal, and potentially react to it,
                                                  sensitivity as a simple function of aging               due to ongoing shipping, construction                 are the frequency of the signal and the
                                                  has been observed in marine mammals,                    and other activities in the Puget Sound.              strength of the signal in relation to the
                                                  as well as humans and other taxa                           Finally, marine mammals’ exposure to               natural background noise level.
                                                  (Southall et al., 2007), so one can infer               certain sounds could lead to behavioral                  The level of sound at which a fish
                                                  that strategies exist for coping with this              disturbance (Richardson et al., 1995),                will react or alter its behavior is usually
                                                  condition to some degree, though likely                 such as: changing durations of surfacing              well above the detection level. Fish
                                                  not without cost.                                       and dives, number of blows per                        have been found to react to sounds
                                                     In addition, chronic exposure to                     surfacing, or moving direction and/or                 when the sound level increased to about
                                                  excessive, though not high-intensity,                   speed; reduced/increased vocal                        20 dB above the detection level of 120
                                                  noise could cause masking at particular                 activities; changing/cessation of certain             dB (Ona 1988); however, the response
                                                  frequencies for marine mammals, which                   behavioral activities (such as socializing            threshold can depend on the time of
                                                  utilize sound for vital biological                      or feeding); visible startle response or              year and the fish’s physiological
                                                  functions (Clark et al., 2009). Acoustic                aggressive behavior (such as tail/fluke               condition (Engas et al., 1993). In
                                                  masking is when other noises such as                    slapping or jaw clapping); avoidance of               general, fish react more strongly to
                                                  from human sources interfere with                       areas where noise sources are located;                pulses of sound (such as noise from
                                                  animal detection of acoustic signals                    and/or flight responses (e.g., pinnipeds              impact pile driving) rather than
                                                  such as communication calls,                            flushing into water from haulouts or                  continuous signals (such as noise from
                                                  echolocation sounds, and                                rookeries).                                           vibratory pile driving) (Blaxter et al.,
                                                  environmental sounds important to                          The onset of behavioral disturbance                1981), and a quicker alarm response is
                                                  marine mammals. Therefore, under                        from anthropogenic noise depends on                   elicited when the sound signal intensity
                                                  certain circumstances, marine mammals                   both external factors (characteristics of
                                                                                                                                                                rises rapidly compared to sound rising
                                                  whose acoustical sensors or                             noise sources and their paths) and the
                                                                                                                                                                more slowly to the same level.
                                                  environment are being severely masked                   receiving animals (hearing, motivation,
                                                                                                                                                                   During the coastal construction only a
                                                  could also be impaired from maximizing                  experience, demography) and is also
                                                                                                          difficult to predict (Southall et al.,                small fraction of the available habitat
                                                  their performance fitness in survival
                                                                                                          2007). Currently NMFS uses a received                 would be ensonified at any given time.
                                                  and reproduction.
                                                     Masking occurs at the frequency band                 level of 160 dB re 1 mPa (rms) to predict             Disturbance to fish species would be
                                                  that the animals utilize. Therefore, since              the onset of behavioral harassment from               short-term and fish would return to
                                                  noise generated from vibratory pile                     impulse noises (such as impact pile                   their pre-disturbance behavior once the
                                                  driving is mostly concentrated at low                   driving), and 120 dB re 1 mPa (rms) for               pile driving activity ceases. Thus, the
                                                  frequency ranges, it may have less effect               continuous noises (such as vibratory                  proposed construction would have
                                                  on high frequency echolocation sounds                   pile driving). For the WSDOT’s                        little, if any, impact on marine
                                                  by odontocetes (toothed whales).                        Mukilteo Multimodal construction                      mammals’ prey availability in the area
                                                  However, lower frequency man-made                       activities, both of these noise levels are            where construction work is planned.
                                                  noises are more likely to affect detection              considered for effects analysis because                  Finally, the time of the proposed
                                                  of communication calls and other                        WSDOT plans to use both impact and                    construction activity would avoid the
                                                  potentially important natural sounds                    vibratory pile driving, as well as                    spawning season of the ESA-listed
                                                  such as surf and prey noise. It may also                vibratory pile removal.                               salmonid species.
                                                  affect communication signals when they                     The biological significance of many of             Estimated Take
                                                  occur near the noise band and thus                      these behavioral disturbances is difficult
                                                  reduce the communication space of                       to predict, especially if the detected                   This section provides an estimate of
                                                  animals (e.g., Clark et al., 2009) and                  disturbances appear minor. However,                   the number of incidental takes proposed
                                                  cause increased stress levels (e.g., Foote              the consequences of behavioral                        for authorization through this IHA,
                                                  et al., 2004; Holt et al., 2009).                       modification could be biologically                    which will inform both NMFS’
                                                     Unlike TS, masking, which can occur                  significant if the change affects growth,             consideration of whether the number of
                                                  over large temporal and spatial scales,                 survival, and/or reproduction, which                  takes is ‘‘small’’ and the negligible
                                                  can potentially affect the species at                   depends on the severity, duration, and                impact determination.
                                                  population, community, or even                          context of the effects.                                  Harassment is the only type of take
                                                  ecosystem levels, as well as individual                                                                       expected to result from these activities.
                                                  levels. Masking affects both senders and                Potential Effects on Marine Mammal                    Except with respect to certain activities
                                                  receivers of the signals and could have                 Habitat                                               not pertinent here, section 3(18) of the
                                                  long-term chronic effects on marine                        The primary potential impacts to                   MMPA defines ‘‘harassment’’ as: any act
                                                  mammal species and populations.                         marine mammal habitat are associated                  of pursuit, torment, or annoyance which
                                                  Recent science suggests that low                        with elevated sound levels produced by                (i) has the potential to injure a marine
                                                  frequency ambient sound levels have                     vibratory pile removal and pile driving               mammal or marine mammal stock in the
                                                  increased by as much as 20 dB (more                                                                           wild (Level A harassment); or (ii) has
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          in the area. However, other potential
                                                  than three times in terms of sound                      impacts to the surrounding habitat from               the potential to disturb a marine
                                                  pressure level) in the world’s ocean                    physical disturbance are also possible.               mammal or marine mammal stock in the
                                                  from pre-industrial periods, and most of                   With regard to fish as a prey source               wild by causing disruption of behavioral
                                                  these increases are from distant                        for cetaceans and pinnipeds, fish are                 patterns, including, but not limited to,
                                                  shipping (Hildebrand 2009). For                         known to hear and react to sounds and                 migration, breathing, nursing, breeding,
                                                  WSDOT’s Mukilteo Multimodal                             to use sound to communicate (Tavolga                  feeding, or sheltering (Level B
                                                  construction activities, noises from                    et al. 1981) and possibly avoid predators             harassment).


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                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                      21799

                                                    Authorized takes would primarily be                   Basis for Takes                                         impact) generate loud noises that could
                                                  by Level B harassment, as noise                            Take estimates are based on average                  potentially harass marine mammals in
                                                  generated from in-water impact pile                     marine mammal density in the project                    the vicinity of WSDOT’s proposed
                                                  driving and vibratory pile driving and                  area multiplied by the area size of                     Mukilteo Multimodal project.
                                                  pile removal has the potential to result                ensonified zones within which received                    Under the NMFS’ Technical Guidance
                                                  in disruption of behavioral patterns for                noise levels exceed certain thresholds                  for Assessing the Effects of
                                                  individual marine mammals. There is                     (i.e., Level A and/or Level B                           Anthropogenic Sound on Marine
                                                  also some potential for auditory injury                 harassment) from specific activities,                   Mammal Hearing (Guidance), dual
                                                  (Level A harassment) to result, primarily               then multiplied by the total number of                  criteria are used to assess marine
                                                  for high frequency cetaceans (harbor                    days such activities would occur.                       mammal auditory injury (Level A
                                                  and Dall’s porpoises) and phocid seals                  Certain adjustments were made for                       harassment) as a result of noise
                                                  (harbor and northern elephant seals)                    marine mammals whose local                              exposure (NMFS 2016). The dual
                                                  due to larger predicted auditory injury                 abundance are known through long-                       criteria under the Guidance provide
                                                  zones. Auditory injury is unlikely to                   term monitoring efforts. Therefore, their               onset thresholds in instantaneous peak
                                                  occur for low- and mid-frequency                        local abundance data are used for take                  SPLs (Lpk) as well as 24-hr cumulative
                                                  cetaceans and otarrids. The proposed                    calculation instead of general animal                   sound exposure levels (SELcum or LE)
                                                  mitigation and monitoring measures are                  density (see below).                                    that could cause PTS to marine
                                                  expected to minimize the severity of                                                                            mammals of different hearing groups.
                                                  such taking to the extent practicable.                  Basis for Threshold Calculation                         The peak SPL is the highest positive
                                                  Below we describe how the take is                         As discussed above, in-water pile                     value of the noise field, log transformed
                                                  estimated.                                              removal and pile driving (vibratory and                 to dB in reference to 1 mPa.




                                                  where p(t) is acoustic pressure in pascal                 The cumulative SEL is the total sound                 specifically, pile driving occurring
                                                  or micropascal, and pref is reference                   exposure over the entire duration of a                  within a 24-hr period.
                                                  acoustic pressure equal to 1 mPa.                       given day’s pile driving activity,




                                                  where p(t) is acoustic pressure in pascal                 For onset of Level B harassment,                      removal) and impulse sources (impact
                                                  or micropascal, pref is reference acoustic              NMFS continues to use the root-mean-                    pile driving) underwater, respectively.
                                                  pressure equals to 1 mPa, t1 marks the                  square (rms) sound pressure level                       The SPLrms for pulses (such as those
                                                  beginning of the time, and t2 the end of                (SPLrms) at 120 dB re 1 mPa and 160 dB                  from impact pile driving) should
                                                  time.                                                   re 1 mPa as the received levels from non-               contain 90 percent of the pulse energy,
                                                                                                          impulse (vibratory pile driving and                     and is calculated by




                                                  where p(t) is acoustic pressure in pascal               time. In the case of an impulse noise, t1                Table 3 summarizes the current
                                                  or micropascal, pref is reference acoustic              marks the time of 5 percent of the total                NMFS marine mammal take criteria.
                                                  pressure equals to 1 mPa, t1 marks the                  energy window, and t2 the time of 95
                                                  beginning of the time, and t2 the end of                percent of the total energy window.
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                                                                   TABLE 3—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                       PTS Onset thresholds                                     Behavioral thresholds
                                                                   Hearing Group
                                                                                                                 Impulsive                  Non-impulsive                  Impulsive            Non-impulsive

                                                  Low-Frequency (LF) Cetaceans ......................    Lpk,flat: 219 dB               LE,LF,24h: 199 dB        Lrms,flat: 160 dB          Lrms,flat: 120 dB
                                                                                                         LE,LF,24h: 183 dB
                                                  Mid-Frequency (MF) Cetaceans ......................    Lpk,flat: 230 dB               LE,MF,24h: 198 dB
                                                                                                         LE,MF,24h: 185 dB
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                                                  21800                                Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                          TABLE 3—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER—Continued
                                                                                                                                           PTS Onset thresholds                                                    Behavioral thresholds
                                                                       Hearing Group
                                                                                                                                  Impulsive                        Non-impulsive                           Impulsive                Non-impulsive

                                                  High-Frequency (HF) Cetaceans .....................                    Lpk,flat: 202 dB                    LE,HF,24h: 173 dB
                                                                                                                         LE,HF,24h: 155 dB
                                                  Phocid Pinnipeds (PW) (Underwater) ..............                      Lpk,flat: 218 dB                    LE,PW,24h: 201 dB
                                                                                                                         LE,PW,24h: 185 dB
                                                  Otariid Pinnipeds (OW) (Underwater) ..............                     Lpk,flat: 232 dB                    LE,OW,24h: 219 dB
                                                                                                                         LE,OW,24h: 203 dB
                                                     * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul-
                                                  sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should
                                                  also be considered.
                                                     Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s.
                                                  In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure
                                                  is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being
                                                  included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated
                                                  with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
                                                  cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
                                                  thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for
                                                  action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.


                                                  Sound Levels and Acoustic Modeling for                                  the same pile at Port Townsend                                             The source level for vibratory sheet
                                                  the Proposed Construction Activity                                      (WSDOT, 2010b). The unweighted                                          pile driving and removal is based on
                                                                                                                          SPLrms source level at 10 m from the pile                               measurements at the Elliott Bay Seawall
                                                  Source Levels
                                                                                                                          is 174 dB re 1 re 1 mPa.                                                Project. The unweighted SPLrms source
                                                     The project includes vibratory pile                                     The source level for vibratory pile                                  level is 164 dB re 1 re 1 mPa at 10 m
                                                  driving and removal of 24-, 30-, and 36-                                driving the 36-in steel piles is based on                               from the pile (Greenbusch 2015).
                                                  inch (in) steel piles, vibratory driving of                             vibratory test pile driving of 36-in steel                                 Source levels for impact pile driving
                                                  78- and 120-in steel shaft, vibratory                                   piles at Port Townsend in 2010                                          of the 24-in steel piles are based on
                                                  driving of steel H-piles, vibratory                                     (Laughlin 2011). Recordings of vibratory                                impact test pile driving of the same steel
                                                  driving and removal of steel sheet piles,                               pile driving were made at a distance of                                 pile during the Vashon Acoustic
                                                  and impact pile driving and proofing of                                 10 m from the pile. The results show                                    Monitoring by WSDOT (Laughlin,
                                                  24- and 30-in steel piles.                                              that the unweighted SPLrms for vibratory                                2015). The unweighted back-calculated
                                                     Source levels of the above pile driving                              pile driving of 36-in steel pile was 177                                source levels at 10 m are 174 dB re 1
                                                  activities are based on measurements of                                 dB re 1 mPa.                                                            mPa2-s for single strike SEL (SELss) and
                                                  the same material types and same or                                        Source level for vibratory pile driving
                                                                                                                                                                                                  189 dB re 1 mPa for SPLrms.
                                                  similar dimensions of piles measured at                                 of the 78- and 120-in steel shaft is based
                                                  Mukilteo or elsewhere. Specifically, the                                on measurements of 72-in steel piles                                       Source levels for impact pile driving
                                                  source level for vibratory pile driving                                 vibratory driving conducted by                                          of the 30-in steel pile are based on
                                                  and removal of the 24-in steel pile is                                  CALTRANS. The unweighted SPLrms                                         impact test pile driving for the 36-in
                                                  based on vibratory test pile driving of                                 source level ranged between 170 and                                     steel pile at Mukilteo in November
                                                  the same pile at the Friday Harbor                                      180 dB re 1 mPa at 10 m from the pile                                   2006. Recordings of the impact pile
                                                  (WSDOT, 2010a). The unweighted                                          (CALTRANS 2012). The value of 180 dB                                    driving that were made at a distance of
                                                  SPLrms source level at 10 m from the pile                               is chosen to be more conservative.                                      10 m from the pile were analyzed using
                                                  is 162 dB re 1 re 1 mPa. We consider that                                  The source level for vibratory pile                                  Matlab. The results show that the
                                                  using vibratory pile installation source                                driving of steel H-piles is based on                                    unweighted source levels are 178 dB re
                                                  level as a proxy for vibratory pile                                     measurements conducted by the                                           1 mPa2-s for SELss and 193 dB re 1 mPa
                                                  removal is conservative.                                                California Department of Transportation                                 for SPLrms.
                                                     The source level for vibratory pile                                  (CALTRANS). The unweighted SPLrms                                         A summary of source levels from
                                                  driving and removal of the 30-in steel                                  source level is 150 dB re 1 re 1 mPa at                                 different pile driving and pile removal
                                                  pile is based on vibratory pile driving of                              10 m from the pile (CALTRANS, 2012).                                    activities is provided in Table 4.
                                                                                                  TABLE 4—SUMMARY OF IN-WATER PILE DRIVING SOURCE LEVELS
                                                                                                                                            [At 10 m from source]

                                                                                                                                                                                                                   SEL (SELss
                                                                                                                                                                                                                    for impact
                                                                                                                                                             Pile type/size                                             pile            SPLrms,
                                                                                Method                                                                           (inch)                                              driving),        dB re 1 μPa2
                                                                                                                                                                                                                      dB re 1
                                                                                                                                                                                                                      μPa2-s
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Vibratory   driving/removal ..........................................         Steel, 24-in ...............................................................                 162                   162
                                                  Vibratory   driving/removal ..........................................         Steel, 30-in ...............................................................                 174                   174
                                                  Vibratory   driving ........................................................   Steel, 36-in ...............................................................                 177                   177
                                                  Vibratory   driving ........................................................   Steel shaft, 78-in ......................................................                    180                   180
                                                  Vibratory   driving ........................................................   Steel shaft, 120-in ....................................................                     180                   180
                                                  Vibratory   driving ........................................................   Steel H-pile, 12-in .....................................................                    150                   150
                                                  Vibratory   driving/removal ..........................................         Steel sheet ................................................................                 164                   164



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                                                                                        Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                                         21801

                                                                                      TABLE 4—SUMMARY OF IN-WATER PILE DRIVING SOURCE LEVELS—Continued
                                                                                                                                          [At 10 m from source]

                                                                                                                                                                                                                 SEL (SELss
                                                                                                                                                                                                                  for impact
                                                                                                                                                           Pile type/size                                             pile         SPLrms,
                                                                                 Method                                                                                                                                          dB re 1 μPa2
                                                                                                                                                               (inch)                                              driving),
                                                                                                                                                                                                                    dB re 1
                                                                                                                                                                                                                    μPa2-s

                                                  Impact driving ...........................................................   Steel, 24-in ...............................................................                174             189
                                                  Impact driving ...........................................................   Steel, 30-in ...............................................................                178             193



                                                    These source levels are used to                                     to calculate Level A exposure distances                                 on source measurements of comparable
                                                  compute the Level A ensonified zones                                  based on cumulative SEL metric (see                                     types and sizes of piles driven by
                                                  and to estimate the Level B harassment                                below).                                                                 different methods (impact vs. vibratory
                                                  zones. For Level A harassment zones,                                    For other piles where no recording is                                 hammers) as described above. As
                                                  zones calculated using cumulative SEL                                 available, source modeling cannot be                                    mentioned earlier, isopleths for injury
                                                  are all larger than those calculated using                            performed. In such cases, the weighting                                 zones are based on cumulative SEL (LE)
                                                  SPLpeak, therefore, only zones based on                               factor adjustment (WFA) recommended                                     criteria.
                                                  cumulative SEL for Level A harassment                                 by NMFS acoustic guidance (NMFS
                                                                                                                        2016) was used to determine Level A                                       For peak SPL (Lpk), distances to
                                                  are used.                                                                                                                                     marine mammal injury thresholds were
                                                                                                                        exposure distances.
                                                    Source spectrum of the 36-in steel                                                                                                          calculated using a simple geometric
                                                  pile recording is used for spectral                                   Estimating Injury Zones                                                 spreading model using a transmission
                                                  modeling for the 24-, 30-, and 36-in steel                              Calculation and modeling of                                           loss coefficient of 15:
                                                  pile vibratory pile driving and removal                               applicable ensonified zones are based




                                                  where SLMeasure is the measured source                                frequency components composing that                                     vibratory pile driving, broadband PSDs
                                                  level in dB re 1 mPa, EL is the specific                              sound, in 1-Hz bins. Parseval’s theorem,                                were generated from a series of
                                                  received level of threshold, DMeasure is                              which states that the sum of the square                                 continuous 1-second SEL. Broadband
                                                  the distance (m) from the source where                                of a function is equal to the sum of the                                PSDs were then adjusted based on
                                                  measurements were taken, and R is the                                 square of its transform, was applied to                                 weighting functions of marine mammal
                                                  distance (radius) of the isopleth to the                              ensure that all energies within a strike                                hearing groups (Finneran 2016) by using
                                                  source in meters.                                                     (for impact pile driving) or a given                                    the weighting function as a band-pass
                                                    For cumulative SEL (LE), distances to                               period of time (for vibratory pile                                      filter. For impact pile driving,
                                                  marine mammal exposure thresholds                                     driving) were captured through the fast                                 cumulative exposures (Esum) were
                                                  were computed using spectral modeling                                 Fourier transform, an algorithm that
                                                                                                                                                                                                computed by multiplying the single rms
                                                  that incorporates frequency specific                                  converts the signal from its original
                                                                                                                                                                                                pressure squared by rms pulse duration
                                                  absorption. First, representative pile                                domain (in this case, time series) to a
                                                                                                                                                                                                for the specific strike, then by the
                                                  driving sounds recorded during test pile                              representation in frequency domain. For
                                                  driving with impact and vibratory                                     impact pile driving, broadband PSDs                                     number of strikes (provided in Table 1)
                                                  hammers were used to generate power                                   were generated from SPLrms time series                                  required to drive one pile, then by the
                                                  spectral densities (PSDs), which                                      with a time window that contains 90                                     number of piles to be driven in a given
                                                  describe the distribution of power into                               percent of each pulse energy. For                                       day, as shown in the equation below:




                                                  where prms,i is the rms pressure, t is the                            install one pile, and N is the number of                                needed to drive on pile (provided in
                                                  rms pulse duration for the specific                                   total piles to be installed.                                            Table 1), then by the number of piles to
                                                  strike, Ns is the anticipated number of                                 For vibratory pile driving, cumulative                                be driven in a given day, as shown in
                                                                                                                                                                                                                                                 EN10MY17.004</GPH> EN10MY17.005</GPH>




                                                  strikes (provided in Table 1) needed to                               exposures were computed by summing                                      the equation below:
                                                                                                                        1-second noise exposure by the duration
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                                                                                                                                                 EN10MY17.003</GPH>




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                                                  21802                                  Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  where E1s is the 1-second noise                                          Frequency-specific transmission                    coefficients that were computed with
                                                  exposure, and Dt is the duration                                      losses, TL(f), were then computed using               nominal seawater properties (i.e.,
                                                  (provided in Table 1) need to install 1                               practical spreading along with                        salinity = 35 psu, pH = 8.0) at 15° C at
                                                  pile by vibratory piling.                                             frequency-specific absorption                         the surface by




                                                  where a(f) is dB/km, and R is the                                     Approach to Estimate Behavioral Zones                 calculated using a simple geometric
                                                  distance (radius) of the specific isopleth                                                                                  spreading equation as shown in
                                                  to the source in meters. For broadband                                  As mentioned earlier, isopleths to                  Equation (4).
                                                  sources such as those from pile driving,                              Level B behavioral zones are based on                   A summary of the measured and
                                                  the transmission loss is the summation                                root-mean-square SPL (SPLrms) that are                modeled harassment zones is provided
                                                  of the frequency-specific results.                                    specific for impulse (impact pile                     in Table 5. The maximum distance is
                                                                                                                        driving) and non-impulse (vibratory pile              20,500 m from the source, since this is
                                                                                                                        driving) sources. Distances to marine                 where landmass intercepts underwater
                                                                                                                        mammal behavior thresholds were                       sound propagation.

                                                                                                                   TABLE 5—DISTANCES TO HARASSMENT ZONES
                                                                                                                                                          Injury zone (m)
                                                                                                                                                                                                               Behavior zone
                                                      Pile type, size & pile driving method                                                                                                                        (m)
                                                                                                                   LF cetacean        MF cetacean          HF cetacean         Phocid           Otariid

                                                  Vibratory removal, 24-in steel pile, 3
                                                    piles/day ...............................................                   10                   10               55                 10               10           6,040
                                                  Vibratory driving, 24-in steel pile, 3 piles/
                                                    day ........................................................               175                   45              995                 85               10           6,040
                                                  Vibratory removal, 30-in steel pile, 2
                                                    piles/day ...............................................                   55                   10              345                 25               10        * 20,500
                                                  Vibratory removal, 30-in steel pile, 7
                                                    piles/day ...............................................                  125                   35              725                 55               10        * 20,500
                                                  Vibratory driving, 30-in steel pile, 3 piles/
                                                    day ........................................................               175                   45              995                 85               10        * 20,500
                                                  Vibratory driving, 36-in steel pile, 3 piles/
                                                    day ........................................................               175                   45              995                 85               10        * 20,500
                                                  Vibratory driving, 78-in steel shaft, 1 pile/
                                                    day ........................................................               126                   11              186                 77                5        * 20,500
                                                  Vibratory driving, 120-in steel shaft, 1
                                                    pile/day .................................................                 126                   11              186                 77                5        * 20,500
                                                  Vibratory driving, steel 12-in H-pile, 10
                                                    piles/day ...............................................                    4                   1                 6                 2                 0           1,000
                                                  Vibratory driving, steel sheet, 3 piles/day                                   14                   1                21                 9                 1           8,577
                                                  Vibratory removal, steel sheet, 6 piles/
                                                    day ........................................................                23                    2               33                 14                1           8,577
                                                  Impact proofing, 24-in steel pile, 3 piles/
                                                    day ........................................................               135                   10               75                 35               10            875
                                                  Impact driving, 30-in steel pile, 3 piles/
                                                    day ........................................................              1,065                  10              505                225               10           1,585
                                                  Impact proofing, 30-in steel pile, 5 piles/
                                                    day ........................................................               355                   10              175                 75               10           1,585
                                                     * Landmass intercepts at a distance of 20,500m from project area.


                                                  Estimated Takes From Proposed                                         seals, California sea lions, and northern             observations in the Mukilteo area, since
                                                  Construction Activity                                                 elephant seals, estimated takes are                   these data provide the best information
                                                                                                                        calculated based on ensonified area for               on distribution and presence of these
                                                    Incidental take is estimated for each                               a specific pile driving activity                      species that are often associated with
                                                  species by estimating the likelihood of                               multiplied by the marine mammal                       nearby haulouts (see below).
                                                  a marine mammal being present within                                  density in the action area, multiplied by               The Level A take total was further
                                                  a Level A or Level B harassment zone                                  the number of pile driving (or removal)               adjusted by subtracting animals
                                                  during active pile driving or removal.                                days. In most cases, marine mammal                    expected to occur within the exclusion
                                                  The Level A calculation includes a                                    density data are from the U.S. Navy                   zone, where pile driving activities are
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  duration component, along with an                                     Marine Species Density Database (Navy                 suspended when an animal is observed
                                                  assumption (which can lead to                                         2015). Harbor porpoise density is based               in or approaching the zone (see
                                                  overestimates in some cases) that                                     on a recent study by Jefferson et al.                 Mitigation section). Further, the number
                                                  animals within the zone stay in that area                             (2016) for the Eastern Whidbey area                   of Level B takes was adjusted to exclude
                                                  for the whole duration of the pile                                    near the Mukilteo Ferry Terminal.                     those already counted for Level A takes.
                                                  driving activity within a day. For all                                Harbor seal, northern elephant seal, and                The harbor seal take estimate is based
                                                                                                                                                                                                                               EN10MY17.006</GPH>




                                                  marine mammal species except harbor                                   California sea lion takes are based on                on local seal abundance information


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                                                                                        Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                                        21803

                                                  from monitoring during the Mukilteo                                     estimated that up to 1,225 California sea              than the ratio of numbers of animals
                                                  pier removal project. Marine mammal                                     lions could be exposed to noise levels                 taken divided by the population size.
                                                  visual monitoring during Mukilteo Ferry                                 associated with ‘‘take’’. Since the Level              For harbor porpoise, the estimated
                                                  Terminal pier removal project showed                                    A harassment zones of otarids are all                  incidences of takes at 6,759 animals
                                                  an average daily observation of 7 harbor                                very small (max. 10 m, Table 5), we do                 would be 60.2% of the population, if
                                                  seals (WSDOT 2015). Based on a total of                                 not consider it likely that any sea lions              each single take were a unique
                                                  175 pile driving days for the WSDOT                                     would be taken by Level A harassment.                  individual. However, this is highly
                                                  Mukilteo Multimodal Phase 2 project, it                                 Therefore, all California sea lion takes               unlikely because the results of telemetry
                                                  is estimated that up to 1,225 harbor                                    estimated here are expected to be by                   and photo-identification studies in
                                                  seals could be exposed to noise levels                                  Level B harassment.                                    Washington waters have demonstrated
                                                  associated with ‘‘take’’. Since 9 days                                     Northern elephant seal is not common                that harbor porpoise shows site fidelity
                                                  would involve impact pile driving of 30-                                in the Mukilteo Multimodal Project                     to small areas for periods of time that
                                                  in piles with Level A harassment zones                                  area, however, their presence has been                 can extend between seasons (Hanson et
                                                  beyond the required shutdown zones                                      observed in Edmonds area just south of                 al. 1999; Hanson 2007a, 2007b). Based
                                                  (225 m vs 160 m shutdown zone), we                                      Mukilteo (Huey, Pers. Comm. April                      on studies by Jefferson et al. (2016),
                                                  consider that 63 harbor seals exposed                                   2017). Therefore, a potential take of 20               harbor porpoise abundance in the East
                                                  during these 9 days would experience                                    animals by Level B harassment during                   Whidbey region, which is adjunct to the
                                                  Level A harassment.                                                     the project period is assessed. Since                  Mukilteo Ferry Terminal construction,
                                                     The California sea lion take estimate                                northern elephant seal is very                         is 497, and harbor porpoise abundance
                                                  is based on local sea lion abundance                                    uncommon in the project area, we do                    in the entire surrounding area of North
                                                  information during the Mukilteo Ferry                                   not consider it likely that any elephant               Puget Sound is 1,798.
                                                  Terminal pier removal project (WSDOT                                    seal would be taken by Level A                            For Southern Resident killer whales,
                                                  2015). Marine mammal visual                                             harassment.                                            potential takes based on density
                                                  monitoring during the Mukilteo pier                                        However, the method used in take                    calculation showed that 4 animals could
                                                  removal project indicates on average 7                                  estimates does not account for single                  be exposed to noise levels for Level B
                                                  sea lions were observed in the general                                  individuals being taken multiple times                 harassment. However, mitigation
                                                  area of the Mukilteo Ferry Terminal per                                 during the entire project period of 175                measures prescribed below will prevent
                                                  day (WSDOT 2015). Based on a total of                                   days. Therefore, the percent of marine                 such takes.
                                                  175 pile driving days for the WSDOT                                     mammals that are likely to be taken for                   A summary of estimated marine
                                                  Mukilteo Multimodal project, it is                                      a given population would be far less                   mammal takes is listed in Table 6.

                                                  TABLE 6—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED NOISE LEVELS THAT CAUSE
                                                                                     LEVEL A OR LEVEL B HARASSMENT
                                                                                                                                            Estimated         Estimated         Estimated
                                                                                       Species                                                                                                      Abundance     Percentage
                                                                                                                                           Level A take      Level B take       total take

                                                  Pacific harbor seal ...............................................................                   63            1,162               1,225          11,036          11.1
                                                  California sea lion ................................................................                   0            1,225               1,225         296,750          0.41
                                                  Northern elephant seal ........................................................                        0               20                  20         179,000          0.01
                                                  Steller sea lion .....................................................................                 0              232                 232          71,562          0.32
                                                  Killer whale, transient ...........................................................                    0               21                  21             243          8.64
                                                  Killer whale, Southern Resident ..........................................                             0                0                   0              78             0
                                                  Gray whale ...........................................................................                 0               45                  45          20,990          0.21
                                                  Humpback whale .................................................................                       0                6                   6           1,918          0.31
                                                  Harbor porpoise ...................................................................                   61            6,698               6,759          11,233          60.2
                                                  Dall’s porpoise .....................................................................                  4              417                 421          25,750          1.63



                                                  Proposed Mitigation                                                     impact upon the affected species or                    likelihood of effective implementation,
                                                                                                                          stocks and their habitat (50 CFR                       and; (2) the practicability of the
                                                    In order to issue an IHA under
                                                                                                                          216.104(a)(11)).                                       measures for applicant implementation,
                                                  Section 101(a)(5)(D) of the MMPA,
                                                                                                                            In evaluating how mitigation may or                  which may consider such things as cost,
                                                  NMFS must set forth the permissible
                                                                                                                          may not be appropriate to ensure the                   impact on operations, and, in the case
                                                  methods of taking pursuant to such
                                                                                                                          least practicable adverse impact on                    of a military readiness activity,
                                                  activity, ‘‘and other means of effecting
                                                                                                                          species or stocks and their habitat, as                personnel safety, practicality of
                                                  the least practicable impact on such
                                                                                                                          well as subsistence uses where                         implementation, and impact on the
                                                  species or stock and its habitat, paying
                                                                                                                          applicable, we carefully balance two                   effectiveness of the military readiness
                                                  particular attention to rookeries, mating
                                                                                                                          primary factors: (1) The manner in                     activity.
                                                  grounds, and areas of similar
                                                  significance, and on the availability of                                which, and the degree to which, the                    Mitigation for Marine Mammals and
                                                  such species or stock for taking’’ for                                  successful implementation of the                       Their Habitat
                                                  certain subsistence uses. NMFS                                          measure(s) is expected to reduce
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                          impacts to marine mammals, marine                      1. Time Restriction
                                                  regulations require applicants for
                                                  incidental take authorizations to include                               mammal species or stocks, and their                      Work would occur only during
                                                  information about the availability and                                  habitat, which considers the nature of                 daylight hours, when visual monitoring
                                                  feasibility (economic and technological)                                the potential adverse impact being                     of marine mammals can be conducted.
                                                  of equipment, methods, and manner of                                    mitigated (likelihood, scope, range), as               In addition, all in-water construction
                                                  conducting such activity or other means                                 well as the likelihood that the measure                will be limited to the period between
                                                  of effecting the least practicable adverse                              will be effective if implemented; and the              August 1, 2017, and February 15, 2018.


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                                                  21804                           Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  2. Use of Noise Attenuation Devices                         impact pile driving and vibratory pile                marine mammals except low-frequency
                                                                                                              driving and pile removal, WSDOT shall                 baleen whales. For Level A harassment
                                                     To reduce impact on marine                               establish Level A harassment zones                    zones that are smaller than 160 m from
                                                  mammals, WSDOT shall use a marine                           where received underwater SPLs or                     the source, WSDOT shall establish
                                                  pile driving energy attenuator (i.e., air                   SELcum could cause PTS (see above).                   exclusion zones that correspond to the
                                                  bubble curtain system), or other equally                      WSDOT shall also establish Level B
                                                  effective sound attenuation method                                                                                estimated Level A harassment distances,
                                                                                                              harassment zones where received                       but shall not be less than 10 m. For low-
                                                  (e.g., dewatered cofferdam) for all                         underwater SPLs are higher than 160
                                                  impact pile driving.                                                                                              frequency baleen whales, WSDOT shall
                                                                                                              dBrms and 120 dBrms re 1 mPa for impulse              establish exclusion zones that
                                                  3. Establishing and Monitoring Level A,                     noise sources (impact pile driving) and
                                                                                                                                                                    correspond to the actual Level A
                                                  Level B Harassment Zones, and                               non-impulses noise sources (vibratory
                                                                                                                                                                    harassment distances, but shall not be
                                                  Exclusion Zones                                             pile driving and pile removal),
                                                                                                              respectively.                                         less than 10 m.
                                                    Before the commencement of in-water                         WSDOT shall establish a maximum                        A summary of exclusion zones is
                                                  construction activities, which include                      160-m Level A exclusion zone for all                  provided in Table 7.
                                                          TABLE 7—EXCLUSION ZONES FOR VARIOUS PILE DRIVING ACTIVITIES AND MARINE MAMMAL HEARING GROUPS.
                                                                                                                                                                  Injury zone
                                                                                                                                                                      (m)
                                                              Pile type, size and pile driving method
                                                                                                                             LF cetacean        MF cetacean       HF cetacean         Phocid          Otariid

                                                  Vibratory removal, 24-in steel pile, 3 piles/day ...................                  10                  10                55                10              10
                                                  Vibratory removal, 30-in steel pile, 2 piles/day ...................                  55                  10               160                25              10
                                                  Vibratory removal, 30-in steel pile, 7 piles/day ...................                 125                  35               160                55              10
                                                  Vibratory driving, 24-, 30- & 36-in steel pile, 3 piles/day ....                     175                  45               160                85              10
                                                  Vibratory driving, 78-, 120-in steel shaft, 1 pile/day ............                  126                  11               160                77              10
                                                  Vibratory driving, steel 12-in H-pile, 10 piles/day ................                   4                   1                 6                 2               1
                                                  Vibratory driving, steel sheet, 3 piles/day ............................              14                   1                21                 9               1
                                                  Vibratory removal, steel sheet, 6 piles/day .........................                 23                   2                33                14               1
                                                  Impact proofing, 24-in steel pile, 3 piles/day .......................               135                  10                75                35              10
                                                  Impact driving, 30-in steel pile, 3 piles/day .........................            1,065                  10               160               160              10
                                                  Impact proofing, 30-in steel pile, 5 piles/day .......................               355                  10               160                75              10



                                                    NMFS-approved protected species                           reaches full power. Whenever there has                WSDOT shall implement the shutdown
                                                  observers (PSO) shall conduct an initial                    been downtime of 30 minutes or more                   measure.
                                                  survey of the exclusion zones to ensure                     without impact pile driving, the                         If a Southern Resident killer whale or
                                                  that no marine mammals are seen                             contractor will initiate the driving with             an unidentified killer whale enters the
                                                  within the zones before pile driving and                    ramp-up procedures described below.                   ZOI undetected, in-water pile driving or
                                                  pile removal of a pile segment begins. If                      Soft start for impact hammers requires             pile removal shall be suspended until
                                                  marine mammals are found within the                         contractors to provide an initial set of              the whale exits the ZOI to avoid further
                                                  exclusion zone, pile driving of the                         three strikes from the impact hammer at               level B harassment.
                                                  segment would be delayed until they                         40 percent energy, followed by a 1-                      Further, WSDOT shall implement
                                                  move out of the area. If a marine                           minute waiting period, then two                       shutdown measures if the number of
                                                  mammal is seen above water and then                         subsequent three-strike sets. Each day,               authorized takes for any particular
                                                  dives below, the contractor would wait                      WSDOT will use the soft-start technique               species reaches the limit under the IHA
                                                  30 minutes. If no marine mammals are                        at the beginning of impact pile driving,              (if issued) and if such marine mammals
                                                  seen by the observer in that time it can                    or if pile driving has ceased for more
                                                                                                                                                                    are sighted within the vicinity of the
                                                  be assumed that the animal has moved                        than 30 minutes.
                                                                                                                                                                    project area and are approaching the
                                                  beyond the exclusion zone.                                  5. Shutdown Measures                                  Level B harassment zone during in-
                                                    If pile driving of a segment ceases for                      WSDOT shall implement shutdown                     water construction activities.
                                                  30 minutes or more and a marine                             measures if a marine mammal is
                                                  mammal is sighted within the                                                                                      6. Coordination With Local Marine
                                                                                                              detected within an exclusion zone or is               Mammal Research Network
                                                  designated exclusion zone prior to                          about to enter an exclusion zone listed
                                                  commencement of pile driving, the                           in Table 6.                                             Prior to the start of pile driving for the
                                                  observer(s) must notify the pile driving                       WSDOT shall also implement                         day, the Orca Network and/or Center for
                                                  operator (or other authorized                               shutdown measures if southern resident                Whale Research will be contacted by
                                                  individual) immediately and continue                        killer whales are sighted within the                  WSDOT to find out the location of the
                                                  to monitor the exclusion zone.                              vicinity of the project area and are                  nearest marine mammal sightings. The
                                                  Operations may not resume until the                         approaching the Level B harassment                    Orca Sightings Network consists of a list
                                                  marine mammal has exited the                                                                                      of over 600 (and growing) residents,
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                                                                                                              zone (or Zone of Influence, ZOI) during
                                                  exclusion zone or 30 minutes have                           in-water construction activities.                     scientists, and government agency
                                                  elapsed since the last sighting.                               If a killer whale approaches the ZOI               personnel in the U.S. and Canada.
                                                  4. Soft Start                                               during pile driving or removal, and it is             Sightings are called or emailed into the
                                                                                                              unknown whether it is a Southern                      Orca Network and immediately
                                                     A ‘‘soft-start’’ technique is intended to                Resident killer whale or a transient                  distributed to other sighting networks
                                                  allow marine mammals to vacate the                          killer whale, it shall be assumed to be               including: The NMFS Northwest
                                                  area before the impact pile driver                          a Southern Resident killer whale and                  Fisheries Science Center, the Center for


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                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                             21805

                                                  Whale Research, Cascadia Research, the                  stressors/impacts (individual or                      (i.e., vibratory 12-in H pile driving, 10
                                                  Whale Museum Hotline and the British                    cumulative, acute or chronic), through                piles/day; impact proofing of 24-in steel
                                                  Columbia Sightings Network.                             better understanding of: (1) Action or                piles, 3 piles/day), two land-based PSOs
                                                     Sightings information collected by the               environment (e.g., source                             will monitor the exclusion zones and
                                                  Orca Network includes detection by                      characterization, propagation, ambient                Level B harassment zone.
                                                  hydrophone. The SeaSound Remote                         noise); (2) affected species (e.g., life                 • For Level A zones between 160 and
                                                  Sensing Network is a system of                          history, dive patterns); (3) co-occurrence            500 m, and Level B zones between 1,000
                                                  interconnected hydrophones installed                    of marine mammal species with the                     and 10,000 m (i.e., vibratory pile driving
                                                  in the marine environment of Haro                       action; or (4) biological or behavioral               and removal of 24-in steel piles, 3 piles/
                                                  Strait (west side of San Juan Island) to                context of exposure (e.g., age, calving or            day; vibratory driving and removal of
                                                  study orca communication, in-water                      feeding areas).                                       steel sheet; and impact proofing of 30-
                                                  noise, bottom fish ecology and local                       • Individual marine mammal                         in steel piles, 5 piles/day), 5 land-based
                                                  climatic conditions. A hydrophone at                    responses (behavioral or physiological)               PSOs and 1 vessel-based PSO on a ferry
                                                  the Port Townsend Marine Science                        to acoustic stressors (acute, chronic, or             will monitor the Level A and Level B
                                                  Center measures average in-water sound                  cumulative), other stressors, or                      harassment zones.
                                                  levels and automatically detects                        cumulative impacts from multiple                         • For the rest of the pile driving and
                                                  unusual sounds. These passive acoustic                  stressors.                                            pile removal scenario, 5 land-based
                                                  devices allow researchers to hear when                     • How anticipated responses to                     PSOs and 2 vessel-based PSOs on ferries
                                                  different marine mammals come into                      stressors impact either: (1) Long-term                will monitor the Level A and Level B
                                                  the region. This acoustic network,                      fitness and survival of individual                    harassment zones.
                                                  combined with the volunteer                             marine mammals; or (2) populations,                      Locations of the land-based PSOs and
                                                  (incidental) visual sighting network                    species, or stocks.                                   routes of monitoring vessels are shown
                                                  allows researchers to document                             • Effects on marine mammal habitat                 in WSDOT’s Marine Mammal
                                                  presence and location of various marine                 (e.g., marine mammal prey species,                    Monitoring Plan, which is available
                                                  mammal species.                                         acoustic habitat, or other important                  online at www.nmfs.noaa.gov/pr/
                                                     Based on our evaluation of the                       physical components of marine                         permits/incidental/construction.htm.
                                                  applicant’s proposed measures, as well                  mammal habitat).                                         To verify the required monitoring
                                                  as other measures considered by NMFS,                      • Mitigation and monitoring                        distance, the exclusion zones and ZOIs
                                                  all of which are described above, NMFS                  effectiveness.                                        will be determined by using a range
                                                  has preliminarily determined that the
                                                                                                          Proposed Monitoring Measures                          finder or hand-held global positioning
                                                  proposed mitigation measures provide
                                                                                                             WSDOT shall employ NMFS-                           system device.
                                                  the means effecting the least practicable
                                                  adverse impact on the affected species                  approved PSOs to conduct marine                       Proposed Reporting Measures
                                                  or stocks and their habitat, paying                     mammal monitoring for its Mukilteo
                                                                                                                                                                   WSDOT would be required to submit
                                                  particular attention to rookeries, mating               Multimodal Project. The PSOs will
                                                                                                                                                                a draft monitoring report within 90 days
                                                  grounds, and areas of similar                           observe and collect data on marine
                                                                                                                                                                after completion of the construction
                                                  significance.                                           mammals in and around the project area
                                                                                                                                                                work or the expiration of the IHA (if
                                                                                                          for 30 minutes before, during, and for 30
                                                  Proposed Monitoring and Reporting                                                                             issued), whichever comes earlier. This
                                                                                                          minutes after all pile removal and pile
                                                     In order to issue an IHA for an                                                                            report would detail the monitoring
                                                                                                          installation work. NMFS-approved
                                                  activity, Section 101(a)(5)(D) of the                                                                         protocol, summarize the data recorded
                                                                                                          PSOs shall meet the following
                                                  MMPA states that NMFS must set forth,                                                                         during monitoring, and estimate the
                                                                                                          requirements:
                                                  ‘‘requirements pertaining to the                           1. Independent observers (i.e., not                number of marine mammals that may
                                                  monitoring and reporting of such                        construction personnel) are required;                 have been harassed. NMFS would have
                                                  taking.’’ The MMPA implementing                            2. At least one observer must have                 an opportunity to provide comments on
                                                  regulations at 50 CFR 216.104 (a)(13)                   prior experience working as an observer;              the report, and if NMFS has comments,
                                                  indicate that requests for authorizations                  3. Other observers may substitute                  WSDOT would address the comments
                                                  must include the suggested means of                     education (undergraduate degree in                    and submit a final report to NMFS
                                                  accomplishing the necessary monitoring                  biological science or related field) or               within 30 days.
                                                  and reporting that will result in                       training for experience;                                 In addition, NMFS would require
                                                  increased knowledge of the species and                     4. Where a team of three or more                   WSDOT to notify NMFS’ Office of
                                                  of the level of taking or impacts on                    observers are required, one observer                  Protected Resources and NMFS’ West
                                                  populations of marine mammals that are                  should be designated as lead observer or              Coast Stranding Coordinator within 48
                                                  expected to be present in the proposed                  monitoring coordinator. The lead                      hours of sighting an injured or dead
                                                  action area. Effective reporting is critical            observer must have prior experience                   marine mammal in the construction site.
                                                  both to compliance as well as ensuring                  working as an observer; and                           WSDOT shall provide NMFS and the
                                                  that the most value is obtained from the                   5. NMFS will require submission and                Stranding Network with the species or
                                                  required monitoring.                                    approval of observer CVs;                             description of the animal(s), the
                                                     Monitoring and reporting                                Monitoring of marine mammals                       condition of the animal(s) (including
                                                  requirements prescribed by NMFS                         around the construction site shall be                 carcass condition, if the animal is dead),
                                                  should contribute to improved                           conducted using high-quality binoculars               location, time of first discovery,
                                                                                                          (e.g., Zeiss, 10 × 42 power). Due to the              observed behaviors (if alive), and photo
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                                                  understanding of one or more of the
                                                  following:                                              different sizes of ZOIs from different                or video (if available).
                                                     • Occurrence of marine mammal                        pile sizes, several different ZOIs and                   In the event that WSDOT finds an
                                                  species or stocks in the area in which                  different monitoring protocols                        injured or dead marine mammal that is
                                                  take is anticipated (e.g., presence,                    corresponding to a specific pile size will            not in the construction area, WSDOT
                                                  abundance, distribution, density).                      be established.                                       would report the same information as
                                                     • Nature, scope, or context of likely                   • For Level A zones less than 160 m                listed above to NMFS as soon as
                                                  marine mammal exposure to potential                     and Level B zones less than 1,000 m                   operationally feasible.


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                                                  21806                        Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  Negligible Impact Analysis and                          animals will avoid the area, and thus                 section. There is no ESA designated
                                                  Determination                                           avoid injury. It is expected that, if                 critical area in the vicinity of the
                                                     NMFS has defined negligible impact                   hearing impairments occurs, most likely               Mukilteo Multimodal Project area. The
                                                  as ‘‘an impact resulting from the                       the affected animal would loss a few dB               project activities would not
                                                  specified activity that cannot be                       in its hearing sensitivity, which in most             permanently modify existing marine
                                                  reasonably expected to, and is not                      cases is not likely to affect its survival            mammal habitat. The activities may kill
                                                  reasonably likely to, adversely affect the              and recruitment. Hearing impairment                   some fish and cause other fish to leave
                                                  species or stock through effects on                     that occur for these individual animals               the area temporarily, thus impacting
                                                  annual rates of recruitment or survival’’               would be limited to the dominant                      marine mammals’ foraging
                                                  (50 CFR 216.103). A negligible impact                   frequency of the noise sources, i.e., in              opportunities in a limited portion of the
                                                  finding is based on the lack of likely                  the low-frequency region below 2 kHz.                 foraging range; but, because of the short
                                                  adverse effects on annual rates of                      Therefore, the degree of PTS is not                   duration of the activities and the
                                                                                                          likely to affect the echolocation                     relatively small area of the habitat that
                                                  recruitment or survival (i.e., population-
                                                                                                          performance of the two porpoise                       may be affected, the impacts to marine
                                                  level effects). An estimate of the number
                                                                                                          species, which use frequencies mostly                 mammal habitat are not expected to
                                                  of takes alone is not enough information
                                                                                                          above 100 kHz. Nevertheless, for all                  cause significant or long-term negative
                                                  on which to base an impact
                                                                                                          marine mammal species, it is known                    consequences. Therefore, given the
                                                  determination. In addition to
                                                                                                          that in general animals avoid areas                   consideration of potential impacts to
                                                  considering estimates of the number of
                                                                                                          where sound levels could cause hearing                marine mammal prey species and their
                                                  marine mammals that might be ‘‘taken’’
                                                                                                          impairment. Therefore it is not likely                physical environment, WSDOT’s
                                                  through harassment, NMFS considers
                                                                                                          that an animal would stay in an area                  proposed construction activity at
                                                  other factors, such as the likely nature
                                                                                                          with intense noise that could cause                   Mukilteo Ferry Terminal would not
                                                  of any responses (e.g., intensity,                      severe levels of hearing damage. In                   adversely affect marine mammal habitat.
                                                  duration), the context of any responses                 addition, even if an animal receives a                   Based on the analysis contained
                                                  (e.g., critical reproductive time or                    TTS, the TTS would be a one-time event                herein of the likely effects of the
                                                  location, migration), as well as effects                from the exposure, making it unlikely                 specified activity on marine mammals
                                                  on habitat, and the likely effectiveness                that the TTS would evolve into PTS.                   and their habitat, and taking into
                                                  of the mitigation. We also assess the                   Furthermore, Level A take estimates                   consideration the implementation of the
                                                  number, intensity, and context of                       were based on the assumption that the                 proposed monitoring and mitigation
                                                  estimated takes by evaluating this                      animals are randomly distributed in the               measures, NMFS preliminarily finds
                                                  information relative to population                      project area and would not avoid                      that the total take from the proposed
                                                  status. Consistent with the 1989                        intense noise levels that could cause                 activity will have a negligible impact on
                                                  preamble for NMFS’s implementing                        TTS or PTS. In reality, animals tend to               all affected marine mammal species or
                                                  regulations (54 FR 40338; September 29,                 avoid areas where noise levels are high               stocks.
                                                  1989), the impacts from other past and                  (Richardson et al., 1995).
                                                  ongoing anthropogenic activities are                                                                          Small Numbers
                                                                                                             For the rest of the three marine
                                                  incorporated into this analysis via their               mammal species, takes that are                          As noted above, only small numbers
                                                  impacts on the environmental baseline                   anticipated and proposed to be                        of incidental take may be authorized
                                                  (e.g., as reflected in the regulatory status            authorized are expected to be limited to              under Section 101(a)(5)(D) of the MMPA
                                                  of the species, population size and                     short-term Level B harassment                         for specified activities other than
                                                  growth rate where known, ongoing                        (behavioral and TTS). Marine mammals                  military readiness activities. The MMPA
                                                  sources of human-caused mortality, or                   present in the vicinity of the action area            does not define small numbers and so,
                                                  ambient noise levels).                                  and taken by Level B harassment would                 in practice, NMFS compares the number
                                                     To avoid repetition, this introductory               most likely show overt brief disturbance              of individuals taken to the most
                                                  discussion of our analyses applies to all               (startle reaction) and avoidance of the               appropriate estimation of abundance of
                                                  the species listed in Table 7, given that               area from elevated noise levels during                the relevant species or stock in our
                                                  the anticipated effects of WSDOT’s                      pile driving and pile removal and the                 determination of whether an
                                                  Mukilteo Multimodal Project activities                  implosion noise. These behavioral                     authorization is limited to small
                                                  involving pile driving and pile removal                 distances are not expected to affect                  numbers of marine mammals.
                                                  on marine mammals are expected to be                    marine mammals’ growth, survival, and                   The estimated takes are below 12
                                                  relatively similar in nature. There is no               reproduction due to the limited                       percent of the population for all marine
                                                  information about the nature or severity                geographic area that would be affected                mammals except harbor porpoise (Table
                                                  of the impacts, or the size, status, or                 in comparison to the much larger                      7). For harbor porpoise, the estimate of
                                                  structure of any species or stock that                  habitat for marine mammals in the                     6,759 incidences of takes would be 60.2
                                                  would lead to a different analysis by                   Puget Sound. A few marine mammals                     percent of the population, if each single
                                                  species for this activity, or else species-             could experience TTS if they occur                    take were a unique individual.
                                                  specific factors would be identified and                within the Level B TTS ZOI. However,                  However, this is highly unlikely because
                                                  analyzed.                                               as discussed earlier in this document,                the harbor porpoise in Washington
                                                     Although a few marine mammal                         TTS is a temporary loss of hearing                    waters shows site fidelity to small areas
                                                  species (63 harbor seals, 61 harbor                     sensitivity when exposed to loud sound,               for periods of time that can extend
                                                  porpoises, and 4 Dall’s porpoise) are                   and the hearing threshold is expected to              between seasons (Hanson et al. 1999;
                                                  estimated to experience Level A                                                                               Hanson 2007a, 2007b). For example,
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                                                                                                          recover completely within minutes to
                                                  harassment in the form of PTS if they                   hours. Therefore, it is not considered an             Hanson et al. (1999) tracked a female
                                                  stay within the Level A harassment zone                 injury.                                               harbor porpoise for 215 days, during
                                                  during the entire pile driving for the                     The project also is not expected to                which it remained exclusively within
                                                  day, the degree of injury is expected to                have significant adverse effects on                   the southern Strait of Georgia region.
                                                  be mild and is not likely to affect the                 affected marine mammals’ habitat, as                  Based on studies by Jefferson et al.
                                                  reproduction or survival of the                         analyzed in detail in the ‘‘Anticipated               (2016), harbor porpoise abundance in
                                                  individual animals because most                         Effects on Marine Mammal Habitat’’                    the East Whidbey region, which is


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                                                                               Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices                                             21807

                                                  adjunct to the Mukilteo Ferry Terminal                  reporting requirements are incorporated.              WSDOT shall establish exclusion zones.
                                                  construction, is 497, and harbor                        This section contains a draft of the IHA              The proposed exclusion zones are
                                                  porpoise abundance in the entire                        itself. The wording contained in this                 summarized in Table 7.
                                                  surrounding area of North Puget Sound                   section is proposed for inclusion in the                 (c) Monitoring of marine mammals
                                                  is 1,798. Therefore, if the estimated                   IHA (if issued).                                      shall take place starting 30 minutes
                                                  incidents of take accrued to all the                       1. This Authorization is valid from                before pile driving begins until 30
                                                  animals expected to occur in the entire                 August 1, 2017, through July 31, 2018.                minutes after pile driving ends.
                                                  North Puget Sound area (1,798 animals),                    2. This Authorization is valid only for               (d) Soft Start.
                                                  it would be 16.01 percent of the                        activities associated with in-water                      (i) When there has been downtime of
                                                  Washington inland water stock of the                    construction work at the Mukilteo                     30 minutes or more without pile
                                                  harbor porpoise.                                        Multimodal Project phase 2 in the State               driving, the contractor will initiate the
                                                     Based on the analysis contained                      of Washington.                                        driving with ramp-up procedures
                                                  herein of the proposed activity                            3. (a) The species authorized taking               described below.
                                                  (including the proposed mitigation and                  by, Level A and Level B harassment and                   (ii) Soft start for impact hammers
                                                  monitoring measures) and the                            in the numbers shown in Table 6 are:                  requires contractors to provide an initial
                                                  anticipated take of marine mammals,                     Pacific harbor seal (Phoca vitulina),                 set of three strikes from the impact
                                                  NMFS preliminarily finds that small                     northern elephant seal (Mirounga                      hammer at 40 percent energy, followed
                                                  numbers of marine mammals will be                       angustirostris), California sea lion                  by a 1-minute waiting period, then two
                                                  taken relative to the population size of                (Zalophus californianus), Steller sea                 subsequent three-strike sets. Each day,
                                                  the affected species or stocks.                         lion (Eumetopias jubatus), killer whale               WSDOT will use the soft-start technique
                                                                                                          (Orcinus orca), gray whale (Eschrichtius              at the beginning of impact pile driving,
                                                  Unmitigable Adverse Impact                              robustus), humpback whale (Megaptera                  or if pile driving has ceased for more
                                                  Subsistence Analysis and                                novaeangliae), harbor porpoise                        than 30 minutes.
                                                  Determination                                           (Phocoena phocoena), and Dall’s                          (e) Shutdown Measures.
                                                    There are no relevant subsistence uses                porpoise (P. dalli).                                     (i) WSDOT shall implement
                                                  of the affected marine mammal stocks or                    (b) The authorization for taking by                shutdown measures if a marine mammal
                                                  species implicated by this action.                      harassment is limited to the following                is detected within or to be approaching
                                                  Therefore, NMFS has determined that                     acoustic sources and from the following               the exclusion zones provided in Table 7
                                                  the total taking of affected species or                 activities:                                           of this notice.
                                                  stocks would not have an unmitigable                       • Impact pile driving;                                (ii) WSDOT shall implement
                                                  adverse impact on the availability of                      • Vibratory pile driving; and                      shutdown measures if southern resident
                                                  such species or stocks for taking for                      • Vibratory pile removal.                          killer whales (SRKWs) are sighted
                                                  subsistence purposes.                                      4. Prohibitions.                                   within the vicinity of the project area
                                                                                                             (a) The taking, by incidental                      and are approaching the Level B
                                                  Endangered Species Act (ESA)                            harassment only, is limited to the                    harassment zone (zone of influence, or
                                                     Issuance of an MMPA authorization                    species listed under condition 3(a)                   ZOI) during in-water construction
                                                  requires compliance with the ESA for                    above and by the numbers listed in                    activities.
                                                  any species that are listed or proposed                 Table 6 of this notice. The taking by                    (iii) If a killer whale approaches the
                                                  as threatened or endangered.                            death of these species or the taking by               ZOI during pile driving or removal, and
                                                     The humpback whale and the killer                    harassment, injury or death of any other              it is unknown whether it is a SRKW or
                                                  whale (southern resident distinct                       species of marine mammal is prohibited                a transient killer whale, it shall be
                                                  population segment (DPS)) are the only                  unless separately authorized or                       assumed to be a SRKW and WSDOT
                                                  marine mammal species listed under the                  exempted under the MMPA and may                       shall implement the shutdown measure
                                                  ESA that could occur in the vicinity of                 result in the modification, suspension,               identified in 6(e)(ii).
                                                  WSDOT’s proposed construction                           or revocation of this Authorization.                     (iv) If a SRKW enters the ZOI
                                                  project. Two DPSs of the humpback                          (b) The taking of any marine mammal                undetected, in-water pile driving or pile
                                                  whale stock, the Mexico DPS and the                     is prohibited whenever the required                   removal shall be suspended until the
                                                  Central America DPS, are listed as                      protected species observers (PSOs),                   SRKW exits the ZOI to avoid further
                                                  threatened and endangered under the                     required by condition 7(a), are not                   level B harassment.
                                                  ESA, respectively. NMFS’ Office of                      present in conformance with condition                    (v) WSDOT shall implement
                                                  Protected Resources has initiated                       7(a) of this Authorization.                           shutdown measures if the number of
                                                  consultation with NMFS’ West Coast                         5. Mitigation.                                     any allotted marine mammal takes
                                                  Regional Office under section 7 of the                     (a) Time Restriction. In-water                     reaches the limit under the IHA, if such
                                                  ESA on the issuance of an IHA to                        construction work shall occur only                    marine mammals are sighted within the
                                                  WSDOT under section 101(a)(5)(D) of                     during daylight hours.                                vicinity of the project area and are
                                                  the MMPA for this activity.                                (b) Establishment of Level A and                   approaching the Level B harassment
                                                     NMFS will conclude the ESA                           Level B Harassment Zones.                             zone during pile removal activities.
                                                  consultation prior to reaching a                           (A) Before the commencement of in-                    (f) Coordination with Local Marine
                                                  determination regarding the proposed                    water pile driving/removal activities,                Mammal Research Network.
                                                  issuance of the authorization.                          WSDOT shall establish Level A                            Prior to the start of pile driving,
                                                                                                          harassment zones. The modeled Level A                 WSDOT will contact the Orca Network
                                                  Proposed Authorization
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                                                                                                          zones are summarized in Table 5.                      and/or Center for Whale Research to get
                                                    As a result of these preliminary                         (B) Before the commencement of in-                 real-time information on the presence or
                                                  determinations, NMFS proposes to issue                  water pile driving/removal activities,                absence of whales before starting any
                                                  an IHA to WSDOT for conducting                          WSDOT shall establish Level B                         pile driving.
                                                  Mukilteo Multimodal Project phase 2                     harassment zones. The modeled Level B                    6. Monitoring.
                                                  between August 1, 2016, and February                    zones are summarized in Table 5.                         (a) Protected Species Observers.
                                                  15, 2017, provided the previously                          (C) Before the commencement of in-                    WSDOT shall employ NMFS-
                                                  mentioned mitigation, monitoring, and                   water pile driving/removal activities,                approved PSOs to conduct marine


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                                                  21808                        Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices

                                                  mammal monitoring for its construction                     (B) Number of observed marine                      next paragraph), WSDOT will
                                                  project. NMFS-approved PSOs will meet                   mammal individuals;                                   immediately report the incident to the
                                                  the following qualifications.                              (C) Behavior of observed marine                    Office of Protected Resources, NMFS,
                                                     (i) Independent observers (i.e., not                 mammals;                                              and the West Coast Regional Stranding
                                                  construction personnel) are required.                      (D) Location within the ZOI; and                   Coordinators. The report must include
                                                     (ii) At least one observer must have                    7. Reporting:                                      the same information identified above.
                                                  prior experience working as an observer.                   (a) WSDOT shall provide NMFS with                  Activities may continue while NMFS
                                                     (iii) Other observers may substitute                 a draft monitoring report within 90 days
                                                                                                                                                                reviews the circumstances of the
                                                  education (undergraduate degree in                      of the conclusion of the construction
                                                                                                                                                                incident. NMFS will work with WSDOT
                                                  biological science or related field) or                 work or within 90 days of the expiration
                                                  training for experience.                                of the IHA, whichever comes first. This               to determine whether modifications in
                                                     (iv) Where a team of three or more                   report shall detail the monitoring                    the activities are appropriate.
                                                  observers are required, one observer                    protocol, summarize the data recorded                    (F) In the event that WSDOT
                                                  should be designated as lead observer or                during monitoring, and estimate the                   discovers an injured or dead marine
                                                  monitoring coordinator. The lead                        number of marine mammals that may                     mammal, and the lead PSO determines
                                                  observer must have prior experience                     have been harassed.                                   that the injury or death is not associated
                                                  working as an observer.                                    (b) If comments are received from                  with or related to the activities
                                                     (v) NMFS will require submission and                 NMFS Office of Protected Resources on                 authorized in the IHA (e.g., previously
                                                  approval of observer CVs.                               the draft report, a final report shall be             wounded animal, carcass with moderate
                                                     (b) Monitoring Protocols: PSOs shall                 submitted to NMFS within 30 days                      to advanced decomposition, or
                                                  be present on site at all times during                  thereafter. If no comments are received               scavenger damage), WSDOT shall report
                                                  pile removal and driving.                               from NMFS, the draft report will be                   the incident to the Office of Protected
                                                     (i) A 30-minute pre-construction                     considered to be the final report.
                                                  marine mammal monitoring will be                                                                              Resources, NMFS, and the West Coast
                                                                                                             (c) In the unanticipated event that the
                                                  required before the first pile driving or                                                                     Regional Stranding Coordinators, within
                                                                                                          construction activities clearly cause the
                                                  pile removal of the day. A 30-minute                                                                          24 hours of the discovery. WSDOT shall
                                                                                                          take of a marine mammal in a manner
                                                  post-construction marine mammal                                                                               provide photographs or video footage (if
                                                                                                          prohibited by this Authorization (if
                                                  monitoring will be required after the last              issued), such as an injury, serious                   available) or other documentation of the
                                                  pile driving or pile removal of the day.                injury, or mortality, WSDOT shall                     stranded animal sighting to NMFS and
                                                  If the constructors take a break between                immediately cease all operations and                  the Marine Mammal Stranding Network.
                                                  subsequent pile driving or pile removal                 immediately report the incident to the                WSDOT can continue its operations
                                                  for more than 30 minutes, then                          Office of Protected Resources, NMFS,                  under such a case.
                                                  additional 30-minute pre-construction                   and the West Coast Regional Stranding                    8. This Authorization may be
                                                  marine mammal monitoring will be                        Coordinators. The report must include                 modified, suspended or withdrawn if
                                                  required before the next start-up of pile               the following information:                            the holder fails to abide by the
                                                  driving or pile removal.                                   (i) Time, date, and location (latitude/            conditions prescribed herein or if NMFS
                                                     (iii) Marine mammal visual                           longitude) of the incident;                           determines the authorized taking is
                                                  monitoring will be conducted for                           (ii) description of the incident;                  having more than a negligible impact on
                                                  different ZOIs based on different sizes of                 (iii) status of all sound source use in
                                                                                                                                                                the species or stock of affected marine
                                                  piles being driven or removed, as shown                 the 24 hours preceding the incident;
                                                                                                                                                                mammals.
                                                  in maps in WSDOT’s Marine Mammal                           (iv) environmental conditions (e.g.,
                                                  Monitoring Plan.                                        wind speed and direction, sea state,                     9. A copy of this Authorization must
                                                     (A) For Level A zones less than 160                  cloud cover, visibility, and water                    be in the possession of each contractor
                                                  m and Level B zones less than 1,000 m                   depth);                                               who performs the construction work at
                                                  (i.e., vibratory 12-in H pile driving, 10                  (v) description of marine mammal                   the Mukilteo Ferry Terminal.
                                                  piles/day; impact proofing of 24-in steel               observations in the 24 hours preceding
                                                  piles, 3 piles/day), two land-based PSOs                the incident;                                         Request for Public Comments
                                                  will monitor the exclusion zones and                       (vi) species identification or                        We request comment on our analyses,
                                                  Level B harassment zone.                                description of the animal(s) involved;                the draft authorization, and any other
                                                     (B) For Level A zones between 160                       (vii) the fate of the animal(s); and
                                                                                                             (viii) photographs or video footage of             aspect of this Notice of Proposed IHA
                                                  and 500 m, and Level B zones between
                                                                                                          the animal (if equipment is available).               for the WSDOT’s Mukilteo Multimodal
                                                  1,000 and 10,000 m (i.e., vibratory pile
                                                  driving and removal of 24-in steel piles,                  Activities shall not resume until                  Project Phase 2. Please include with
                                                  3 piles/day; vibratory driving and                      NMFS is able to review the                            your comments any supporting data or
                                                  removal of steel sheet; and impact                      circumstances of the prohibited take.                 literature citations to help inform our
                                                  proofing of 30-in steel piles, 5 piles/                 NMFS shall work with WSDOT to                         final decision on the request for MMPA
                                                  day), 5 land-based PSOs and 1 vessel-                   determine what is necessary to                        authorization.
                                                  based PSO on a ferry will monitor the                   minimize the likelihood of further                      Dated: May 4, 2017.
                                                  Level A and Level B harassment zones.                   prohibited take and ensure MMPA                       Donna S. Wieting,
                                                     (C) For the rest of the pile driving and             compliance. WSDOT may not resume
                                                                                                                                                                Director, Office of Protected Resources,
                                                  pile removal scenario, 5 land-based                     their activities until notified by NMFS
                                                                                                                                                                National Marine Fisheries Service.
                                                                                                          via letter, email, or telephone.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  PSOs and 2 vessel-based PSOs on ferries
                                                                                                             (E) In the event that WSDOT                        [FR Doc. 2017–09417 Filed 5–9–17; 8:45 am]
                                                  will monitor the Level A and Level B
                                                  harassment zones.                                       discovers an injured or dead marine                   BILLING CODE 3510–22–P
                                                     (iv) If marine mammals are observed,                 mammal, and the lead PSO determines
                                                  the following information will be                       that the cause of the injury or death is
                                                  documented:                                             unknown and the death is relatively
                                                     (A) Species of observed marine                       recent (i.e., in less than a moderate state
                                                  mammals;                                                of decomposition as described in the


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Document Created: 2017-05-10 00:01:07
Document Modified: 2017-05-10 00:01:07
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
ActionProposed incidental harassment authorization (IHA); request for comments.
DatesComments and information must be received no later than June 9, 2017.
ContactShane Guan, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the applications and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation82 FR 21793 
RIN Number0648-XF34

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