82 FR 27240 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range		27240-27251
FR Document		2017-12295

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Chevron to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with the Richmond Refinery Long Wharf Maintenance and Efficiency Project (WMEP) in San Francisco Bay, California.

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)

[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27240-27251]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12295]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF246

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long
Wharf Maintenance and Efficiency Project in San Francisco Bay,
California

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Chevron to incidentally harass, by Level B harassment only, marine
mammals during construction activities associated with the Richmond
Refinery Long Wharf Maintenance and Efficiency Project (WMEP) in San
Francisco Bay, California.

DATES: The Authorization is in effect for one year beginning January 1,
2018 through December 31, 2018.

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

SUPPLEMENTARY INFORMATION:

Availability

An electronic copy of Chevron's application 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 (see FOR FURTHER INFORMATION CONTACT).

Background

Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, 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.

[[Page 27241]]

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).

Summary of Request

On July 21, 2014, NMFS received a request from Chevron for
authorization to take marine mammals incidental to pile driving and
removal associated with the WMEP in San Francisco Bay, California. The
project was delayed due to funding constraints. Chevron submitted a
revised version of the request on November 16, 2016, which was deemed
adequate and complete on January 12, 2017. Chevron will undertake the
WMEP in order to comply with current Marine Oil Terminal Engineering
and Maintenance Standards (MOTEMS) requirements and to improve safety
and efficiency at the Long Wharf. Construction would start in 2018, and
be complete by the fourth quarter of 2022. Therefore, Chevron expects
to request additional IHAs in association with this multi-year project.
The effective dates for this first IHA would be from January 1, 2018
through December 31, 2018. The use of both vibratory and impact pile
driving during pile removal and installation during the four-year
construction period is expected to produce underwater sound at levels
that have the potential to result in Level B (behavioral) harassment of
marine mammals. However, only impact driving will occur during 2018 and
will be covered under the issued IHA. Species expected to occur in the
area and for which take is authorized include California sea lion
(Zalophus californianus) and Pacific harbor seal (Phoca vitulina).

Description of the Specified Activity

Overview

Chevron's Richmond Refinery Long Wharf (Long Wharf) is the largest
marine oil terminal in California. Its operations are regulated
primarily by the California State Lands Commission (CSLC) through a
State Lands lease, Article 5 of CSLC regulations, and MOTEMS
(California Building Code (CBC) Chapter 31F). The Long Wharf has
existed in its current location since the early 1900s (Figure 1-1 in
Application). The Berth 2 fender system (timber pile and whaler) was
designed and installed in 1940. Marine loading arms, gangways, and
fender systems at Berths 1, 3 and 4 were installed in 1972. The Berth 4
fender panels were replaced in 2011 and the Berth 1 fender panels were
replaced in 2012. The existing configuration of these systems have
limitations to accepting more modern, fuel efficient vessels with
shorter, parallel mid-body hulls and in some cases do not meet current
MOTEMS requirements.
The purpose of the WMEP is to comply with current MOTEMS
requirements and to improve safety and efficiency at the Long Wharf. To
meet MOTEMS requirements, the fendering system at Berth 2 is being
updated and the Berth 4 loading platform will be seismically
retrofitted to stiffen the structure and reduce movement of the Long
Wharf in the event of a level 1 or 2 earthquake. Safety will be
improved by replacing gangways and fire monitors. Efficiency at the
Long Wharf will be improved by updating the fender system configuration
at Berth 4 to accommodate newer, more fuel efficient vessels and thus
reduce idling time for vessels waiting to berth. Further, efficiency
will be improved by updating the fender system at Berth 1 to
accommodate barges, enabling balanced utilization across Berths 1, 2,
and 3.

Dates and Duration

Project construction will start in 2018 and be completed by the
fourth quarter of 2022. Pile driving activities will be timed to occur
within the standard NMFS work windows for listed fish species (June 1
through November 30) during those 4 years. The effective date for this
initial IHA will be from January 1, 2018 through December 31, 2018.
Over the course of the multi-year project, 249 piles of various sizes
will be installed via impact and vibratory driving; 161 piles will be
removed via vibratory removal; and 209 driving days are planned. During
the first year of construction covered under this IHA, 8,24-inch
concrete piles will be installed by impact driving over 4 workdays at
Berth 2.

Specified Geographic Region

The Long Wharf is located in San Francisco Bay (the Bay) just south
of the eastern terminus of the Richmond-San Rafael Bridge (RSRB) in
Contra Costa County. The wharf is located in the northern portion of
the Central Bay, which is generally defined as the area between the
RSRB, Golden Gate Bridge, and San Francisco-Oakland Bay Bridge. The
South Bay is located south of the San Francisco-Oakland Bay Bridge. San
Pablo Bay extends north of the RSRB.

Detailed Description of Specified Activities

The complete multi-year project will involve modifications at 4
berths (Berths 1, 2, 3, and 4) as shown in Figure 1-1 in the
Application. Planned modifications to the Long Wharf include replacing
gangways and cranes, adding new mooring hooks and standoff fenders,
adding new dolphins and catwalks, and modifying the fire water system
at Berths 1, 2, 3 and/or 4, as well as the seismic retrofit to the
Berth 4 loading platform. The type and numbers of piles to be
installed, as well as those that will be removed, are summarized in
Table 1-1 in the Application and an overview of the modifications at
Berths 1 to 4 are shown in Figure 1-2 in the Application.
The combined modifications to Berths 1-4 will require the
installation of 141 new concrete piles to support new and replacement
equipment and their associated structures. The Berth 4 loading platform
will add 8, 60-inch diameter steel piles as part of the seismic
retrofit.
The project will also add 4 clusters of 13 composite piles each (52
total) as markers and protection of the new batter (driven at an angle)
piles on the east side of the Berth 4 retrofit. The project will remove
106 existing timber piles, two existing 18-inch and two existing 24-
inch concrete piles. A total of 12 24-inch temporary steel piles will
also be installed and removed during the seismic retrofit of Berth 4.
The modifications at each berth are summarized below.
Modifications at Berth 1 include the following:

[[Page 27242]]

Replace gangway to accommodate barges and add a new raised
fire monitor.
Construct a new 24' x 20' mooring dolphin and hook to
accommodate barges.
Construct a new 24' x 25' breasting dolphin and 13' x 26'
breasting point with standoff fenders to accommodate barges. The new
breasting dolphin will require removal of an existing catwalk and two
piles and moving a catwalk to a slightly different location to maintain
access to currently existing dolphins. A new catwalk will be installed
to provide access to the new breasting dolphin.
A portion of the existing gangway will be removed. The
remaining portion is used for other existing services located on its
structure.
Much of this work will be above the water or on the deck of the
terminal. The mooring dolphin and hook, breasting dolphin, and new
gangway will require installation of 42 new 24-inch square concrete
piles using impact driving methods.
Modifications at Berth 2 include the following:
Install new gangway to replace portable gangway and add a
new elevated fire monitor.
Replace one bollard with a new hook.
Install four new standoff fenders (to replace timber
fender pile system).
Replace existing auxiliary and hose cranes and vapor
recovery crane to accommodate the new standoff fenders.
Remove the existing timber fender pile system along the
length of the Berth (~650 ft.)
Three (3) existing brace piles (22-inch square concrete
jacketed timber piles) would be removed by cutting below the mud line
if possible.
These modifications will require the installation of 51 new 24-inch
square concrete piles, using impact driving methods, to support the
gangway, standoff fenders, hose crane, and auxiliary crane. To keep
Berth 2 operational during construction, four temporary fenders will be
installed, supported by 36 temporary 14-inch H-piles driven using
vibratory methods. It is expected that the H-piles would largely sink
under their own weight and would require very little driving. The H-
piles and temporary fenders will be removed once the permanent standoff
fenders are complete. The auxiliary and hose cranes are being replaced
with cranes with longer reach to accommodate the additional distance of
the new standoff fenders. The new vapor recovery crane would be mounted
on an existing pedestal and not require in-water work.
Modifications at Berth 3 include the following:
Install new fixed gangway to replace portable gangway and
add a new raised fire monitor. The gangway would be supported by four,
24-inch square concrete piles. This would be the only in-water work for
modifications at Berth 3.
Modifications at Berth 4 include the following:
Install two new 36' x 20' dolphins with standoff fenders
(two per dolphin) and two catwalks.
Seismically retrofit the Berth 4 loading platform
including bolstering and relocation of piping and electrical
facilities.
The new fenders would add 44 new 24-inch square concrete piles.
The seismic retrofit would structurally stiffen the Berth 4 Loading
Platform under seismic loads. This will require cutting holes in the
concrete decking and driving 8, 60-inch diameter hollow steel batter
piles, using impact pile driving. To accommodate the new retrofit, an
existing sump will be replaced with a new sump and two, 24-inch square
concrete piles will be removed or cut to the mudline. The engineering
team has determined that to drive the 60-inch batter piles, twelve
temporary steel piles, 24 inches in diameter, will be needed to support
templates for the angled piles during driving. Two templates are
required, each 24 feet by 4 feet and supported by up to six 24-inch
steel pipe piles. The templates will be above water. The project would
also add 4 clusters of 13 composite piles each (52 total composite
piles) as markers and protection of the new batter piles on the east
side of the retrofit. See Table 1 for pile summary information.

[[Page 27243]]

[GRAPHIC] [TIFF OMITTED] TN14JN17.000

Note that the issued IHA covers actions occurring during 2018 only.
These actions include the installation of 8, 24-inch concrete piles by
impact hammer driving over 4 workdays. These piles will replace
existing auxiliary and hose cranes and vapor recovery crane at Berth 2.
Impact installation will occur utilizing a DelMag D62 22 or similar
diesel hammer, producing approximately 165,000 ft lbs maximum energy
(may not need full energy) over a duration of approximately 20 minutes
per pile.
Mitigation, monitoring, and reporting measures are described in in
detail later in the document (Mitigation and Monitoring and Reporting
sections).

Comments and Responses

A notice of NMFS's proposal to issue an IHA to Chevron was
published in the Federal Register on March 24, 2017 (82 FR 05025). That
notice described, in detail, Chevron's activity, the marine mammal
species that may be affected by the activity, and the anticipated
effects on marine mammals. During the 30-day public comment period,
NMFS received comments from the Marine Mammal Commission. The Marine
Mammal Commission recommended that NMFS issue the requested IHA,
subject to inclusion of the mitigation, monitoring, and reporting
measures as described in our notice of proposed IHA and the
application. All measures proposed in the initial Federal Register
notice are included within the IHA.

Description of Marine Mammals in the Area of the Specified Activity

Although 35 species of marine mammals can be found off the coast of
California, few species venture into San Francisco Bay, and only
Pacific harbor seals (Phoca vitulina), California sea lions (Zalophus
californianus), and harbor porpoises (Phocoena phocoena) make the Bay a
permanent home. Small numbers of gray whales (Eschrichtius robustus)
are regularly sighted in the Bay during their yearly migration, though
most sightings tend to occur in the Central Bay near the Golden Gate
Bridge. Two other species that may occasionally occur within San
Francisco Bay include the Steller sea lion (Eumetopias jubatus) and
bottlenose dolphin (Tursiops truncatus). Table 2 provides information
about the species that are expected to potentially be present in the
project area. A detailed description of the species likely to be
affected by the project, including brief introductions to the species
and relevant stocks as well as available information regarding
population trends

[[Page 27244]]

and threats, and information regarding local occurrence, were provided
in the Federal Register notice for the proposed IHA (82 FR 15025; March
24, 2017). Since that time, we are not aware of any changes in the
status of these species and stocks; therefore, detailed descriptions
are not provided here. Please refer to that Federal Register notice for
these descriptions. Please also refer to NMFS' Web site
(www.nmfs.noaa.gov/pr/species/mammals/) for generalized species
accounts.

Table 2--Marine Mammals Potentially Present in the Vicinity of the Project \1\
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ESA/MMPA status;
Species Stock strategic (Y/ Stock abundance PBR \4\ Occurrence in/near Seasonal
N)[thinsp] \2\ (CV/Nmin) \3\ project
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Pacific harbor seal, Phoca California Stock... -/N 30,968 (-/27,348). 1,641 Common............ Year-round.
vitulina.
California sea lion, Zalophus Eastern U.S. Stock. -/N 296,750 (-/ 9,200 Uncommon.......... Year-round.
californianus. 153,337).
Harbor porpoise, Phocoena San Francisco- -/N 9,886 (0.51/6,625) 66 Common in the Year-round.
phocoena. Russian River vicinity of the
Stock. Golden Gate and
Richardson's Bay,
Rare elsewhere.
Gray whale, Eschrichtius Eastern North -/N 20,990 (0.05/ 624 Rare to occasional December-April.
robustus. Pacific Stock. 20,125).
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\1\ Source: Carretta et al., 2016
\2\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see
footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\3\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of
pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge
of the species' (or similar species') life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the
minimum abundance may represent actual counts of all animals ashore.
\4\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).

Potential Effects of the Specified Activity on Marine Mammals and Their
Habitat

The effects of underwater noise from construction activities for
the project have the potential to result in behavioral harassment of
marine mammals in the vicinity of the action area. The Federal Register
notice for the proposed IHA (82 FR 15025; March 24, 2017) included a
discussion of the potential effects of anthropogenic noise on marine
mammals, therefore that information is not repeated here; please refer
to the Federal Register notice for that information.
The primary impacts to marine mammal habitat are associated with
elevated sound levels produced by impact pile driving in the area.
However, other potential impacts to the surrounding habitat from
physical disturbance are also possible. The project would not result in
permanent impacts to habitats used directly by marine mammals, such as
haulout sites, but may have potential short-term impacts to food
sources and minor impacts to the immediate substrate during
installation of piles during the project. These potential effects are
discussed in detail in the Federal Register notice for the proposed IHA
(82 FR 15025; March 24, 2017), therefore, that information is not
repeated here.

Estimated Take

This section includes an estimate of the number of incidental takes
expected to occur as a result of the specified activities considered
pursuant to 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).
Authorized takes would be by Level B harassment only, in the form
of disruption of behavioral for individual marine mammals resulting
from exposure to impact driving. Based on the nature of the activity
and the anticipated effectiveness of the mitigation measures (i.e.,
shutdown, soft start discussed in detail below in Proposed Mitigation
section), Level A harassment is neither anticipated nor authorized. The
death of a marine mammal is also a type of incidental take. However, as
described previously, no mortality is anticipated or authorized for
this activity. Below we describe how the take is estimated.
In order to estimate the potential incidents of take that may occur
incidental to the specified activity, we must first estimate the extent
of the sound field that may be produced by the activity and then
consider the sound field in combination with information about marine
mammal density or abundance in the project area. We first provide
information on applicable sound thresholds for determining effects to
marine mammals before describing the information used in estimating the
sound fields, the available marine mammal density or abundance
information, and the method of estimating potential incidences of take.
Sound Thresholds--NMFS uses sound exposure thresholds to determine
when an activity that produces underwater sound might result in impacts
to a marine mammal such that a take by harassment might occur. On
August 4, 2016, NMFS released its Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing (Guidance) (81
FR 51694) (available at http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm). This new guidance established new thresholds for
predicting auditory injury, which equates to Level A harassment under
the MMPA. As will be discussed below, NMFS has revised Permanent
Threshold Shift (PTS) (and Temporary Threshold Shift (TTS)) onset
acoustic thresholds for impulsive and non-impulsive sound as part of
its new acoustic guidance. The

[[Page 27245]]

Guidance does not address Level B harassment; therefore, NMFS uses the
current acoustic exposure criteria to determine exposure to underwater
noise sound pressure levels for Level B harassment (Table 5).
During the installation of piles, the project has the potential to
increase airborne noise levels. Airborne pile-driving root means square
(RMS) noise levels above the NMFS airborne noise thresholds are not
expected to extend to the Castro Rocks haul-out site, which is located
650 meters (m) north of Long Wharf. In addition, the Castro Rocks haul
out is subject to high levels of background noise from the Richmond
Bridge, ongoing vessel activity at the Long Wharf, ferry traffic, and
other general boat traffic. Any pinnipeds that surface in the area over
which the airborne noise thresholds may be exceeded would have already
been exposed to underwater noise levels above the applicable thresholds
and thus would not result in an additional incidental take. Airborne
noise is not considered further.
Source Levels--Pile driving generates underwater noise that can
potentially result in disturbance to marine mammals in the project
area. In order to establish distances to PTS and behavioral harassment
isopleths, the sound source level associated with a specific pile
driving activity must be measured directly or estimated using proxy
information. The intensity of pile driving sounds is greatly influenced
by factors such as the material type and dimension of piles. To
estimate the noise effects of the 24-inch square concrete piles planned
for use in Year 1 of this project, Chevron reviewed sound pressure
levels (SPLs) from other projects conducted under similar
circumstances. These projects include the Pier 40 Berth Construction in
San Francisco, and the Berth 22 and Berth 32 reconstruction projects at
the Port of Oakland. However, NMFS elected to use data from only the
Pier 40 project since 24-inch square concrete piles were installed at
that location. At Berth 22 and Berth 32, 24-inch octagonal concrete
piles were installed. The differences in pile shape may result in
varying SPLs. Impact pile driving at Pier 40 resulted in measured RMS
values ranging from 162-174 dB and peak SPLs from 172 to 186 dB. SEL
measurements were not recorded. From Pier 40, NMFS selected a RMS value
of 171 decibel (dB), which was the average of the eight piles tested,
excluding two piles that utilized ``jetting.'' Jetting consists of
employing a carefully directed and pressurized flow of water to assist
in pile placement by liquefying soils at the pile tip during pile
placement. Jetting tends to increase driving efficiency while
decreasing sound levels and will not be utilized by Chevron during this
project. Note that NMFS had incorrectly used a RMS value of 170 dB in
the Notice of Proposed IHA. Utilizing the corrected value of 171 dB
results in slightly larger predicted Level A and Level B isopleths.
NMFS used an identical approach to arrive at an average peak value of
181 dB based on results from Pier 40.
Sound Propagation--Transmission loss (TL) is the decrease in
acoustic intensity as an acoustic pressure wave propagates out from a
source. TL parameters vary with frequency, temperature, sea conditions,
current, source and receiver depth, water depth, water chemistry, and
bottom composition and topography. The general formula for underwater
TL is:

TL = B * log10 (R1/R2),

Where:

R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement.
B = spreading loss value

This formula does not account for loss due to scattering and
absorption, which is assumed to be zero here. The degree to which
underwater sound propagates away from a sound source is dependent on a
variety of factors, most notably the water bathymetry and presence or
absence of reflective or absorptive conditions including in-water
structures and sediments. Spherical spreading occurs in a perfectly
unobstructed (free-field) environment not limited by depth or water
surface, resulting in a 6 dB reduction in sound level for each doubling
of distance from the source (20*log(range)). Cylindrical spreading
occurs in an environment in which sound propagation is bounded by the
water surface and sea bottom, resulting in a reduction of 3 dB in sound
level for each doubling of distance from the source (10*log(range)). As
is common practice in coastal waters, here we assume practical
spreading loss (4.5 dB reduction in sound level for each doubling of
distance) here. Practical spreading is a compromise that is often used
under conditions where water increases with depth as the receiver moves
away from the shoreline, resulting in an expected propagation
environment that would lie between spherical and cylindrical spreading
loss conditions.
Level A Zone--Chevron's Level A harassment zone was calculated by
utilizing the methods presented in Appendix D of NMFS' Guidance and the
accompanying User Spreadsheet. The Guidance provides updated PTS onset
thresholds using the cumulative SEL (SELcum) metric, which
incorporates marine mammal auditory weighting functions, to identify
the received levels, or acoustic thresholds, at which individual marine
mammals are predicted to experience changes in their hearing
sensitivity for acute, incidental exposure to all underwater
anthropogenic sound sources. The Guidance and its companion User
Spreadsheet provide alternative methodology for incorporating these
more complex thresholds and associated weighting functions.
The User Spreadsheet accounts for weighting functions using
Weighting Factor Adjustments (WFAs), and NMFS used the recommended
values for impact driving therein (2 kilohertz (kHz)). Pile driving
durations were estimated based on similar project experience. NMFS' new
acoustic thresholds use dual metrics of SELcum and peak sound level
(PK) for impulsive sounds (e.g., impact pile driving). The noise levels
noted above were used in the Spreadsheet for 24-inch square concrete
piles. It was estimated that two piles would be installed in one 24-hr
workday with installation for each pile requiring approximately 300
blows. NMFS used an RMS of 171 dB and pulse duration of 0.1 seconds.
Measured SEL values were not available for 24-inch square concrete
piles.
Utilizing the User Spreadsheet, NMFS applied the updated PTS onset
thresholds for impulsive PK and SELcum in the new acoustic guidance to
determine distance to the isopleths for PTS onset for impact pile
driving. In determining the cumulative sound exposure levels, the
Guidance considers the duration of the activity, the sound exposure
level produced by the source during a 24-hr period, and the generalized
hearing range of the receiving species. In the case of the duel metric
acoustic thresholds for impulsive sound, the larger of the two
isopleths for calculating PTS onset is used. Results in Table 4 display
the Level A injury zones for the various hearing groups.

[[Page 27246]]

Table 4--Injury Zones and Shutdown Zones For Hearing Groups Associated With Installation of 24-Inch Concrete Piles Via Impact Driving
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Low-frequency High-frequency
Hearing group cetaceans (gray Mid-frequency cetaceans (harbor Phocid pinnipeds Otariid pinnipeds
whale) cetaceans porpoise) (harbor seal) (CA sea lion)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PTS Onset Acoustic Thresholds-- Lpk,flat: 219 dB...... Lpk,flat: 230 dB...... Lpk,flat: 202 dB..... Lpk,flat: 218 dB..... Lpk,flat: 232 dB
Impulsive *. LE,LF,24h: 183 dB..... LE,MF,24h: 185 dB..... LE,HF,24h: 155 dB.... LE,PW,24h: 185 dB.... LE,OW,24h: 203 dB
(Received Level)...................
PTS Isopleth to threshold (m)...... 24.3.................. 0.9................... 28.9................. 13.0................. 0.9
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* 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]Pa\2\s. 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.

The zone of influence (ZOI) refers to the area(s) in which SPLs
equal or exceed NMFS' current Level B harassment thresholds (160 dB for
impulse sound). Calculated radial distances to the 160 dB threshold
assume a field free of obstruction. Assuming a source level of 171 dB
RMS, installation of the 24-inch concrete piles is expected to produce
underwater sound exceeding the Level B 160 dB RMS threshold over a
distance of 54 meters (177 feet) (Table 5).

Table 5--Isopleth for Level B harassment associated with impact driving of 24-inch concrete piles
----------------------------------------------------------------------------------------------------------------
Isopleth
Criterion Definition Threshold (distance from
source)
----------------------------------------------------------------------------------------------------------------
Level B harassment..................... Behavioral disruption..... 160 dB RMS................ 54m
(impulse sources).........
----------------------------------------------------------------------------------------------------------------

Density/Abundance--Data specifying a marine mammal's density or
abundance in a given area can often be used to generate exposure
estimates. However, no systematic line transect surveys of marine
mammals have been performed in the San Francisco Bay near the project
site. Density information for marine mammal species has been generated
by Caltrans based on 15 years (2000-2015) of observations as part of
the San Francisco-Oakland Bay Bridge replacement project (Caltrans
2016). The data revealed densities of 0.00004 animals/kilometer (km\2\
for gray whale, 0.021 animals/km\2\ for harbor porpoise, 0.09 animals/
km\2\ for California sea lion, and 0.17 animals/km\2\ for harbor seal.
Utilization of these data to develop exposure estimates results in very
small exposure values. Despite the near zero estimate provided through
use of the Caltrans density data, local observational data led us to
believe that this estimate may not be accurate in illustrating the
potential for take at this particular site, so we have to use other
information. Instead, NMFS relied on local observational data as
described below.
Take Estimate--The estimated number of marine mammals that may be
exposed to noise at levels expected to result in take as defined in the
MMPA is determined by comparing the calculated areas over which the
Level B harassment threshold may be exceeded, as described above, with
the expected distribution of marine mammal species within the vicinity
of the project. NMFS calculated take qualitatively utilizing
observational data taken during marine mammal monitoring associated
with the RSRB retrofit project, the San Francisco-Oakland Bay Bridge
replacement project, and other marine mammal observations for San
Francisco Bay. As described previously in the Effects section, Level B
Harassment is expected to occur and is authorized in the numbers
identified below.

Pacific Harbor Seal

Castro Rocks is the largest harbor seal haul out site in the
northern part of San Francisco Bay and is the second largest pupping
site in the Bay (Green et al., 2002). The pupping season is from March
to June in San Francisco Bay. During the molting season (typically
June-July and coinciding with the period when piles will be driven) as
many as 129 harbor seals have been observed using Castro Rocks as a
haul out. Harbor seals are more likely to be hauled out in the late
afternoon and evening, and are more likely to be in the water during
the morning and early afternoon (Green et al., 2002). However, during
the molting season, harbor seals spend more time hauled out and tend to
enter the water later in the evening. During molting, harbor seals can
stay onshore resting for an average of 12 hours per day during the molt
compared to around 7 hours per day outside of the pupping/molting
seasons (NPS 2014).
Tidal stage is a major controlling factor of haul out usage at
Castro Rocks with more seals present during low tides than high tide
periods (Green et al., 2002). Additionally, the number of seals hauled
out at Castro Rocks also varies with the time of day, with
proportionally more animals hauled out during the nighttime hours
(Green et al., 2002). Therefore, the number of harbor seals in the
water around Castro Rocks will vary throughout the work period. The
take estimates are based on the

[[Page 27247]]

highest number of harbor seals observed at Castro Rocks during 2007 to
2012 annual surveys (approximately 129 seals). Without site-specific
data, it is impossible to determine how many hauled out seals enter the
water and, of those, how many enter into the Level B harassment area.
Given the relatively small size of the Level B harassment area compared
to the large expanse of Bay water that is available to the seals, NMFS
will assume that no more than 6 seals per day would enter into the
Level B harassment area during the 40 minutes of pile driving per day
scheduled to occur over 4 days. Therefore, NMFS authorizes Level B take
of up to 6 seals per day may over 4 days of impact driving, resulting
in a total of 24 authorized incidents of take.

California Sea Lion

Relatively few California sea lions are expected to be present in
the project area during periods of pile driving, as there are no haul-
outs utilized by this species in the vicinity. However, monitoring for
the RSRB did observe small numbers of this species in the north and
central portions of the Bay during working hours. During monitoring
that occurred over a period of May 1998 to February 2002, California
sea lions were sighted at least 90 times in the northern portion of the
Central Bay and at least 57 times near the San Francisco-Oakland Bay
Bridge in the Central Bay. During monitoring for the San Francisco-
Oakland Bay Bridge Project in the Central Bay, California sea lions
were observed on 69 occasions in the vicinity of the bridge over a 14-
year period from 2000-2014 (Caltrans 2015b). The limited data regarding
these observations do not allow a quantitative assessment of potential
take. Given the limited driving time, low number of sea lions that are
likely to be found in the northern part of the Bay, and small size of
the level B zone, NMFS is authorizing a total of two incidents of take
for California sea lions.

Harbor Porpoise

A small but growing population of harbor porpoises utilizes San
Francisco Bay. Harbor porpoises are typically spotted in the vicinity
of Angel Island and the Golden Gate Bridge (6 and 12 km southwest
respectively) (Keener 2011), but may utilize other areas in the Central
Bay in low numbers, including the project area. The density and
frequency of this usage throughout the Bay is unknown. For this IHA,
NMFS is not authorizing take of any harbor porpoise since the exclusion
zone will be conservatively set at 55 m, which is larger than the Level
B zone isopleth of 54 m, and take can be avoided.

Gray Whale

The only whale species that enters San Francisco bay with any
regularity is the gray whale. Gray whales occasionally enter the Bay
during their northward migration period, and are most often sighted in
the Bay between February and May. Most venture only about 2 to 3 km
past the Golden Gate Bridge, but gray whales have occasionally been
sighted as far north as San Pablo Bay. Impact pile driving is not
expected to occur during this time, however, and gray whales are not
likely to be present at other times of year. Furthermore, the exclusion
zone of 55 m for this species is larger than the Level B zone isopleth
of 54 m. As such, NMFS is not authorizing any gray whale take.
Table 6 shows estimated Level B take for authorized species.

Table 6--Summary of Estimated Take by Species (Level B Harassment)
----------------------------------------------------------------------------------------------------------------
Species
Pile type Pile driver type Number of Number of -------------------------------
piles driving days Harbor seal CA sea lion
----------------------------------------------------------------------------------------------------------------
24-inch square concrete....... Impact.......... 8 4 24 2
----------------------------------------------------------------------------------------------------------------

Mitigation

Under section 101(a)(5)(D) of the MMPA, NMFS shall prescribe the
permissible methods of taking by harassment 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 subsistence uses.
To ensure that the ``least practicable impact'' will be achieved,
NMFS evaluates mitigation measures in consideration of the following
factors in relation to one another:
The manner in which, and the degree to which, the
successful implementation of the measure(s) is expected to reduce
impacts to marine mammals, marine mammal species or stocks, their
habitat; and
their availability for subsistence uses (latter where
relevant); the proven or likely efficacy of the measures; and the
practicability of the measures for applicant implementation.

Mitigation for Mammals and Their Habitat

The following measures would apply to Chevron's mitigation through
the exclusion zone and zone of influence (ZOI):
Time Restriction--For all in-water pile driving activities, Chevron
shall operate only during daylight hours when visual monitoring of
marine mammals can be conducted.
Seasonal Restriction--To minimize impacts to listed fish species,
pile-driving activities would occur between June 1 and November 30.
Exclusion Zone--For all pile driving activities, Chevron will
establish an exclusion zone intended to contain the area in which Level
A harassment thresholds are exceeded. The purpose of the exclusion zone
is to define an area within which shutdown of construction activity
would occur upon sighting of a marine mammal within that area (or in
anticipation of an animal entering the defined area), thus preventing
potential injury of marine mammals. The calculated distance to Level A
harassment isopleths threshold during impact pile driving, assuming a
maximum of 2 piles per day is 28.9 m for harbor porpoise; 13.0 m for
harbor seal; 0.9 m for California sea lion, and; 24.3 m for gray
whales.
NMFS will require a 15 m exclusion zone for harbor seals and
California sea lions. In order to prevent any take of the cetacean
species, a 55 m exclusion zone will be required for harbor porpoises
and gray whales, which exceeds the Level B harassment isopleth. A
shutdown will occur prior to a marine mammal entering the shutdown
zones. Activity will cease until the observer is confident that the
animal is clear of the shutdown zone. The animal will be considered
clear if:
It has been observed leaving the shutdown zone; or
It has not been seen in the shutdown zone for 30 minutes
for cetaceans and 15 minutes for pinnipeds.
10-Meter Shutdown Zone--During the in-water operation of heavy
machinery (e.g., barge movements), a 10-m shutdown zone for all marine
mammals

[[Page 27248]]

will be implemented. If a marine mammal comes within 10 m, operations
shall cease and vessels shall reduce speed to the minimum level
required to maintain steerage and safe working conditions.
Level B Harassment Zone (Zone of Influence)--The ZOI refers to the
area(s) in which SPLs equal or exceed NMFS' current Level B harassment
thresholds (160 dB rms for pulse sources). ZOIs provide utility for
monitoring that is conducted for mitigation purposes (i.e., exclusion
zone monitoring) by establishing monitoring protocols for areas
adjacent to the exclusion zone. Monitoring of the ZOI enables observers
to be aware of, and communicate about, the presence of marine mammals
within the project area but outside the exclusion zone and thus prepare
for potential shutdowns of activity should those marine mammals
approach the exclusion zone. However, the primary purpose of ZOI
monitoring is to allow documentation of incidents of Level B
harassment; ZOI monitoring is discussed in greater detail later (see
Monitoring and Reporting). The modeled radial distances for the ZOI for
impact pile driving of 24-inch square concrete piles is 54 m. NMFS will
require a 55 m Level B zone for harbor seals and California sea lions.
In order to document observed incidents of harassment, monitors
will record all marine mammals observed within the ZOI. Due to the
relatively small ZOI and to the monitoring locations chosen by Chevron
we expect that two monitors will be able to observe the entire ZOI.
The shutdown zone and ZOI shall be monitored throughout the time
required to install a pile. If a harbor seal or California sea lion is
observed entering the ZOI, a Level B exposure shall be recorded and
behaviors documented. That pile segment shall be completed without
cessation, unless the animal approaches the shutdown zone. Pile
installation shall be halted immediately before the animal enters the
Level A zone.
If any marine mammal species other than those for which take is
authorized, or if a species for which authorization has been granted
but the number of authorized takes has been met enters or approaches
the ZOI, all activities shall be shut down until the animal is observed
leaving the ZOI or it has not been observed in the ZOI for 30 minutes
for cetaceans and 15 minutes for pinnipeds.
Ramp up/Soft-Start--A ``soft-start'' technique is intended to allow
marine mammals to vacate the area before the pile driver reaches full
power. For impact driving, an initial set of three strikes would be
made by the hammer at reduced energy, followed by a 30-sec waiting
period, then two subsequent three- strike sets before initiating
continuous driving. Soft start will be required at the beginning of
each day's impact pile driving work and at any time following a
cessation of impact pile driving of thirty minutes or longer.
If a marine mammal is present within a shutdown zone, ramping up
shall be delayed until the animal(s) leaves the relevant shutdown zone.
Activity shall begin only after the MMO has determined, through
sighting, that the animal(s) has moved outside the relevant shutdown
zone or it has not been observed in the shutdown zone for 30 minutes
for cetaceans and 15 minutes for pinnipeds.
If an authorized species is present in the Level B harassment zone,
ramping up shall begin and a Level B take shall be documented. Ramping
up shall occur when these species are in the Level B harassment zone
whether they entered the Level B zone from the Level A zone, or from
outside the project area.
Pile Caps/Cushions--Chevron will employ the use of pile caps or
cushions as sound attenuation devices to reduce impacts from sound
exposure during impact pile driving.
Based on our evaluation of the applicant's measures, as well as
other measures considered by NMFS, we have determined that the required
mitigation measures provide the means effecting the least practicable
impact on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance.

Monitoring and Reporting

In order to issue an IHA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth, requirements pertaining to
the monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for
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
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
action area (e.g., presence, abundance, distribution, density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual 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); and
Mitigation and monitoring effectiveness.
Chevron will collect sighting data and will record behavioral
responses to construction activities for marine mammal species observed
in the project location during the period of activity. Monitoring will
be conducted by qualified marine mammal observers (MMO), who are
trained biologists, with the following minimum qualifications:
Independent observers (i.e., not construction personnel)
are required;
At least one observer must have prior experience working
as an observer;
Other observers may substitute education (undergraduate
degree in biological science or related field) or training for
experience;
Ability to conduct field observations and collect data
according to assigned protocols;
Experience or training in the field identification of
marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and

[[Page 27249]]

times when in-water construction activities were conducted; dates and
times when in-water construction activities were suspended to avoid
potential incidental injury from construction sound of marine mammals
observed within a defined shutdown zone; and marine mammal behavior;
Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary; and
NMFS will require submission and approval of observer CVs.
Chevron will monitor the exclusion zones and Level B harassment
zone before, during, and after pile driving, with at least two
observers located at the best practicable vantage points. Based on our
requirements, the Marine Mammal Monitoring Plan would implement the
following procedures for pile driving:
During observation periods, observers will continuously
scan the area for marine mammals using binoculars and the naked eye;
Monitoring shall begin 30 minutes prior to impact pile
driving;
Observers will conduct observations, meet training
requirements, fill out data forms, and report findings in accordance
with this IHA;
If the exclusion zone is obscured by fog or poor lighting
conditions, pile driving will not be initiated until the exclusion zone
is clearly visible. Should such conditions arise while impact driving
is underway, the activity would be halted;
Observers will be in continuous contact with the
construction personnel via two-way radio. A cellular phone will be used
for back-up communications and for safety purposes;
Observers will implement mitigation measures including
monitoring of the shutdown and monitoring zones, clearing of the zones,
and shutdown procedures; and
At the end of the pile-driving day, post-construction
monitoring will be conducted for 30 minutes beyond the cessation of
pile driving.

Sound Source Verification

Sound Source Verification (SSV) testing of impact driving will be
conducted under this IHA. Little data exist for source levels
associated with installation of 24-in square concrete piles (including
data on single strike sound exposure level metrics). Chevron will
conduct in-situ measurements during installation of four out of eight
piles. The SSV will be conducted by an acoustical firm with prior
experience conducting SSV tests. NMFS must approve the acoustic
monitoring plan. Final results will be sent to NMFS. Findings will be
used to establish Level A and Level B isopleths during impact driving
of 24-in square concrete piles for future IHA's associated with this
project.

Data Collection

We require that observers use approved data forms. Among other
pieces of information, chevron will record detailed information about
any implementation of shutdowns, including the distance of animals to
the pile being driven, a description of specific actions that ensued,
and resulting behavior of the animal, if any. In addition, Chevron will
attempt to distinguish between the number of individual animals taken
and the number of incidents of take, when possible. We require that, at
a minimum, that the following information be recorded on sighting
forms:
Date and time that permitted construction activity begins
or ends;
Weather parameters (e.g., percent cloud cover, percent
glare, visibility) and Beaufort sea state;
Species, numbers, and, if possible, sex and age class of
observed marine mammals;
Construction activities occurring during each sighting;
Marine mammal behavior patterns observed, including
bearing and direction of travel;
Specific focus should be paid to behavioral reactions just
prior to, or during, soft-start and shutdown procedures;
Location of marine mammal, distance from observer to the
marine mammal, and distance from pile driving activities to marine
mammals;
Record of whether an observation required the
implementation of mitigation measures, including shutdown procedures
and the duration of each shutdown; and
Other human activity in the area. Record the hull numbers
of fishing vessels if possible.

Reporting Measures

Chevron shall submit a draft report to NMFS within 90 days of the
completion of marine mammal monitoring, or 60 days prior to the
issuance of any subsequent IHA for this project (if required),
whichever comes first. The annual report would detail the monitoring
protocol, summarize the data recorded during monitoring, and estimate
the number of marine mammals that may have been harassed. If no
comments are received from NMFS within 30 days, the draft final report
will become final. If comments are received, a final report must be
submitted up to 30 days after receipt of comments. Reports shall
contain the following information:
Summaries of monitoring effort (e.g., total hours, total
distances, and marine mammal distribution through the study period,
accounting for sea state and other factors affecting visibility and
detectability of marine mammals);
Analyses of the effects of various factors influencing
detectability of marine mammals (e.g., sea state, number of observers,
and fog/glare); and
Species composition, occurrence, and distribution of
marine mammal sightings, including date, numbers, age/size/gender
categories (if determinable), and group sizes.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury (Level A harassment), serious injury or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
Chevron would immediately cease the specified activities and
immediately report the incident to the Office of Protected Resources,
NMFS, and the West Coast Regional Stranding Coordinator. The report
would include the following information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved (if applicable);
Vessel's speed during and leading up to the incident (if
applicable);
Description of the incident;
Status of all sound source used in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with Chevron to
determine necessary actions to minimize the likelihood of further
prohibited take and ensure MMPA compliance.
Chevron would not be able to resume their activities until notified
by NMFS via letter, email, or telephone.

[[Page 27250]]

In the event that Chevron discovers an injured or dead marine
mammal, and the lead MMO 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),
Chevron would immediately report the incident to the Office of
Protected Resources, NMFS, and the West Coast Regional Stranding
Coordinator. The report would include the same information identified
in the section above. Activities would be able to continue while NMFS
reviews the circumstances of the incident. NMFS would work with Chevron
to determine whether modifications in the activities are appropriate.
In the event that Chevron discovers an injured or dead marine
mammal, and the lead MMO 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), Chevron would report the incident
to Office of Protected Resources, NMFS, and West Coast Regional
Stranding Coordinator, within 24 hours of the discovery. Chevron would
provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS and the Marine
Mammal Stranding Network. Pile driving activities would be permitted to
continue.

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 the authorized 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, etc.), as well as effects on habitat, the status of the
affected stocks, and the likely effectiveness of the mitigation.
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 these analyses
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 Chevron's construction activities involving impact pile
driving on marine mammals are expected to be relatively similar in
nature. There is no information about the nature or severity of the
impacts, or the size, status, or structure of any species or stock that
would lead to a different analysis for this activity, or else species-
specific factors would be identified and analyzed.
Impact pile driving activities associated with the project, as
outlined previously, have the potential to disturb or displace marine
mammals. Specifically, the specified activities may result in take, in
the form of Level B harassment (behavioral disturbance), from
underwater sounds generated from pile driving. Potential takes could
occur if individuals of these species are present in the ensonified
zone when in-water construction is under way.
No marine mammal stocks for which incidental take authorization are
listed as threatened or endangered under the ESA or determined to be
strategic or depleted under the MMPA. No injuries or mortalities are
anticipated to occur as a result of Chevron's impact pile driving
activities. The relatively low marine mammal density and small shutdown
zones make injury takes of marine mammals unlikely. In addition, the
Level A exclusion zones would be thoroughly monitored before the impact
pile driving occurs and driving activities would be would be postponed
if a marine mammal is sighted entering the exclusion zones. The
likelihood that marine mammals will be detected by trained observers is
high under the environmental conditions described for the project. The
employment of the soft-start mitigation measure would also allow marine
mammal in or near the ZOI or exclusion zone to move away from the
impact driving sound source. Therefore, the mitigation and monitoring
measures are expected to eliminate the potential for injury and reduce
the amount and intensity of behavioral harassment. Furthermore, the
pile driving activities analyzed here are similar to, or less impactful
than, numerous construction activities conducted in other similar
locations which have taken place with no reported injuries or mortality
to marine mammals, and no known long-term adverse consequences from
behavioral harassment.
The takes that are anticipated and authorized are expected to be
limited to short-term Level B harassment (behavioral) as only eight
piles will be driven over 4 days with each pile requiring approximately
20 minutes of driving time. Marine mammals present near the action area
and taken by Level B harassment would most likely show overt brief
disturbance (e.g. startle reaction) and avoidance of the area from
elevated noise level during pile driving. Repeated exposures of
individuals to levels of sound that may cause Level B harassment are
unlikely to significantly disrupt foraging behavior. Thus, even
repeated Level B harassment of some small subset of the overall stock
is unlikely to result in any significant realized decrease in fitness
for the affected individuals, and thus would not result in any adverse
impact to the stock as a whole.
The project is not expected to have significant adverse effects on
affected marine mammals' habitat. While EFH for several species does
exist in the project area, the activities would not permanently modify
existing marine mammal habitat. The activities may cause fish to leave
the area temporarily. This could impact 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 affected habitat, the impacts to marine mammal habitat are not
expected to cause significant or long-term negative consequences.
In summary, this negligible impact analysis is founded on the
following factors: (1) The possibility of non-auditory injury, serious
injury, or mortality may reasonably be considered discountable; (2) the
anticipated incidents of Level B harassment consist of, at worst,
temporary modifications in behavior; (3) the short duration of in-water
construction activities (4 days, 160 minutes total driving time); (4)
limited spatial impacts to marine mammal habitat; and (5) the presumed
efficacy of the mitigation measures in reducing the effects of the
specified activity to the level of least practicable impact. In
combination, we believe that these factors, as well as the available
body of evidence from other similar activities, demonstrate that the
potential effects of the specified activity will have only short-term
effects on individuals.

[[Page 27251]]

The specified activity is not expected to impact rates of recruitment
or survival and will therefore not result in population-level impacts.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the
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 the relevant
species or stock size in our determination of whether an authorization
is limited to small numbers of marine mammals.
The numbers of animals authorized to be taken would be considered
small relative to the relevant stocks or populations (<0.01 percent for
both species as shown in Table 7) even if each estimated taking
occurred to a new individual. However, the likelihood that each take
would occur to a new individual is extremely low. Further, these takes
are likely to occur only within some small portion of the overall
regional stock.

Table 7--Population Abundance Estimates, Total Authorized Level B Take, and Percentage of Population That May Be
Taken for the Potentially Affected Species During the Project
----------------------------------------------------------------------------------------------------------------
Percentage of
Species Abundance* Total level B stock or
take population
----------------------------------------------------------------------------------------------------------------
Harbor seal..................................................... \1\ 30,968 24 <0.01
California sea lion (U.S. Stock)................................ 296,750 2 <0.01
----------------------------------------------------------------------------------------------------------------
* Abundance estimates are taken from the 2015 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al.,
2016).
\1\ California stock abundance estimate.

Based on the analysis contained herein of the activity (including
the mitigation and monitoring measures) and the anticipated take of
marine mammals, NMFS finds that small numbers of marine mammals will be
taken relative to the population size of the affected species or
stocks.

Unmitigable Adverse Impact 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.
No incidental take of ESA-listed species is authorized or expected to
result from this activity. Therefore, NMFS has determined that
consultation under section 7 of the ESA is not required for this
action.

National Environmental Policy Act (NEPA)

Issuance of an MMPA authorization requires compliance with NEPA.
NMFS has established categorical exclusion (CE) status under NEPA for
this action. As such, we have determined the issuance of the IHA is
consistent with categories of activities identified in CE B4 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. NMFS has
prepared a CE memorandum for the record.

Authorization

As a result of these determinations, NMFS has issued an IHA to
Chevron for the harassment of small numbers of harbor seals and
California sea lions incidental to the Richmond Refinery Long Wharf
Maintenance and Efficiency Project in San Francisco Bay, California
effective for one year beginning January 1, 2018, provided the
previously mentioned mitigation, monitoring and reporting requirements
are incorporated.

Dated: June 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2017-12295 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-22-P

27240 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

Halibut incidental catch amounts are 10, 2016). In 2015, Amendment 97 to DEPARTMENT OF COMMERCE
constrained by an annual prohibited the GOA FMP established annual
species catch (PSC) limit in the BSAI Chinook salmon PSC limits for the National Oceanic and Atmospheric
and GOA. Future halibut incidental groundfish trawl fisheries, except for Administration
catch levels likely will be similar to pollock trawl fisheries, in the Western RIN 0648–XF246
those experienced from 2014 through and Central GOA (79 FR 71350,
2016 with some reductions possible December 2, 2014). While salmon Takes of Marine Mammals Incidental to
relative to 2014 and 2015 incidental incidental catch amounts tend to vary Specified Activities; Taking Marine
catch levels. Amendment 111 to the between years, making it difficult to Mammals Incidental to the Chevron
BSAI FMP reduced BSAI halibut PSC Richmond Refinery Long Wharf
accurately predict future incidental take
limits in 2016 and incidental catch Maintenance and Efficiency Project in
amounts, the total, or maximum,
decreased beginning that year (81 FR San Francisco Bay, California
24714, April 27, 2016). amount of annual Chinook salmon
Chinook salmon PSC limits are incidental catch in the Bering Sea and AGENCY: National Marine Fisheries
established for the Bering Sea and GOA pollock fisheries is constrained by Service (NMFS), National Oceanic and
central and western GOA pollock the PSC limits. Atmospheric Administration (NOAA),
fisheries that, when attained, result in 4. The number of vessels and Commerce.
the closure of pollock fishing. The processors participating in the PSD ACTION: Notice; issuance of an incidental
Chinook salmon PSC limits for the program. For the 2017 permit renewal, harassment authorization.
Bering Sea pollock fisheries were shoreside processors will decrease
originally established by Amendment 91 slightly from 15 to 13, and vessels SUMMARY: In accordance with the
to the BSAI FMP (75 FR 53026, August delivering to shoreside processors will regulations implementing the Marine
30, 2010) and established for the central Mammal Protection Act (MMPA) as
increase slightly from 137 to 138.
and western GOA pollock fisheries by amended, notification is hereby given
Catcher/processors participating in the
Amendment 93 to the GOA FMP (77 FR that NMFS has issued an incidental
PSD program for salmon will decrease harassment authorization (IHA) to
42629, July 20, 2012). In 2016,
Amendment 110 to the BSAI FMP was slightly from 36 to 35 under the 2017 Chevron to incidentally harass, by Level
implemented to improve the permit renewal. Catcher vessels B harassment only, marine mammals
management of Chinook and chum delivering to motherships will remain at during construction activities associated
salmon bycatch in the Bering Sea 15 vessels. with the Richmond Refinery Long
pollock fishery by creating a NMFS issues PSD permits to SeaShare Wharf Maintenance and Efficiency
comprehensive salmon bycatch for a 3-year period unless the permits Project (WMEP) in San Francisco Bay,
avoidance program (81 FR 37534, June are suspended or revoked under California.
§ 679.26. The permits may not be DATES: The Authorization is in effect for
1 https://alaskafisheries.noaa.gov/sites/default/
transferred; however, they may be one year beginning January 1, 2018
files/reports/chinook_salmon_mortality2017.pdf
accessed on 04/17/17. renewed following the application through December 31, 2018.
2 https://alaskafisheries.noaa.gov/sites/default/ procedures in § 679.26. FOR FURTHER INFORMATION CONTACT:
files/reports/chum_salmon_mortality2017.pdf
accessed on 04/17/17. If the authorized distributor modifies Robert Pauline, Office of Protected
3 https://alaskafisheries.noaa.gov/sites/default/ the list of participants in the PSD Resources, NMFS, (301) 427–8401.
files/reports/car120_psc_goa2014.pdf accessed on program or delivery locations, the SUPPLEMENTARY INFORMATION:
04/17/17.
authorized distributor must submit a
4 https://alaskafisheries.noaa.gov/sites/default/ Availability
files/reports/car120_psc_goa2015.pdf accessed on modified list of participants or a
04/17/17. modified list of delivery locations to the An electronic copy of Chevron’s
5 https://alaskafisheries.noaa.gov/sites/default/
Regional Administrator. application and supporting documents,
files/reports/car120_psc_goa2016.pdf accessed on as well as a list of the references cited
04/17/17. These permits may be suspended,
in this document, may be obtained
6 https://alaskafisheries.noaa.gov/sites/default/ modified, or revoked under 15 CFR part online at: www.nmfs.noaa.gov/pr/
files/reports/car120_psc_goa2014.pdf accessed on 904 for violation of § 679.26 or other
04/17/17. permits/incidental/construction.htm. In
7 https://alaskafisheries.noaa.gov/sites/default/ regulations in 50 CFR part 679. case of problems accessing these
files/reports/car120_psc_goa2015.pdf accessed on documents, please call the contact listed
04/17/17.
Classification
8 https://alaskafisheries.noaa.gov/sites/default/
above (see FOR FURTHER INFORMATION
files/reports/car120_psc_goa2016.pdf accessed on This action is taken under § 679.26. CONTACT).
04/17/17. Authority: 16 U.S.C. 773 et seq.; 1801 et
9 https://alaskafisheries.noaa.gov/sites/default/
Background
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
files/reports/car120_psc_bsai_with_cdq2014.pdf Sections 101(a)(5)(A) and (D) of the
accessed on 04/17/17. 111–281.
10 https://alaskafisheries.noaa.gov/sites/default/
MMPA (16 U.S.C. 1361 et seq.) direct
Dated: June 9, 2017. the Secretary of Commerce to allow,
files/reports/car120_psc_bsai_with_cdq2015.pdf
accessed on 04/17/17. Margo B. Schulze-Haugen, upon request, the incidental, but not
11 https://alaskafisheries.noaa.gov/sites/default/
Acting Deputy Director, Office of Sustainable intentional, taking of small numbers of
files/reports/car120_psc_bsai_with_cdq2016.pdf Fisheries, National Marine Fisheries Service. marine mammals by U.S. citizens who
accessed on 04/17/17.
engage in a specified activity (other than
mstockstill on DSK30JT082PROD with NOTICES

12 https://alaskafisheries.noaa.gov/sites/default/ [FR Doc. 2017–12313 Filed 6–13–17; 8:45 am]
files/reports/car120_psc_goa2014.pdf accessed on BILLING CODE 3510–22–P
commercial fishing) within a specified
04/17/17. geographical region if certain findings
13 https://alaskafisheries.noaa.gov/sites/default/
are made and either regulations are
files/reports/car120_psc_goa2015.pdf accessed on issued or, if the taking is limited to
04/17/17.
14 https://alaskafisheries.noaa.gov/sites/default/
harassment, a notice of a proposed
files/reports/car120_psc_goa2016.pdf accessed on authorization is provided to the public
04/17/17. for review.

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$27242 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices • Replace gangway to accommodate • Remove the existing timber fender Modifications at Berth 4 include the barges and add a new raised fire pile system along the length of the Berth following: monitor. (∼650 ft.) • Install two new 36′ x 20′ dolphins • Construct a new 24′ x 20′ mooring • Three (3) existing brace piles (22- with standoff fenders (two per dolphin) dolphin and hook to accommodate inch square concrete jacketed timber and two catwalks. barges. piles) would be removed by cutting • Construct a new 24′ x 25′ breasting below the mud line if possible. • Seismically retrofit the Berth 4 dolphin and 13′ x 26′ breasting point These modifications will require the loading platform including bolstering with standoff fenders to accommodate installation of 51 new 24-inch square and relocation of piping and electrical barges. The new breasting dolphin will concrete piles, using impact driving facilities. require removal of an existing catwalk methods, to support the gangway, The new fenders would add 44 new and two piles and moving a catwalk to standoff fenders, hose crane, and 24-inch square concrete piles. a slightly different location to maintain auxiliary crane. To keep Berth 2 operational during construction, four The seismic retrofit would access to currently existing dolphins. A temporary fenders will be installed, structurally stiffen the Berth 4 Loading new catwalk will be installed to provide supported by 36 temporary 14-inch H- Platform under seismic loads. This will access to the new breasting dolphin. • A portion of the existing gangway piles driven using vibratory methods. It require cutting holes in the concrete will be removed. The remaining portion is expected that the H-piles would decking and driving 8, 60-inch diameter is used for other existing services largely sink under their own weight and hollow steel batter piles, using impact located on its structure. would require very little driving. The H- pile driving. To accommodate the new Much of this work will be above the piles and temporary fenders will be retrofit, an existing sump will be water or on the deck of the terminal. removed once the permanent standoff replaced with a new sump and two, 24- The mooring dolphin and hook, fenders are complete. The auxiliary and inch square concrete piles will be breasting dolphin, and new gangway hose cranes are being replaced with removed or cut to the mudline. The will require installation of 42 new 24- cranes with longer reach to engineering team has determined that to inch square concrete piles using impact accommodate the additional distance of drive the 60-inch batter piles, twelve driving methods. the new standoff fenders. The new temporary steel piles, 24 inches in Modifications at Berth 2 include the vapor recovery crane would be mounted diameter, will be needed to support following: on an existing pedestal and not require templates for the angled piles during • Install new gangway to replace in-water work. driving. Two templates are required, portable gangway and add a new Modifications at Berth 3 include the each 24 feet by 4 feet and supported by elevated fire monitor. following: up to six 24-inch steel pipe piles. The • Replace one bollard with a new • Install new fixed gangway to templates will be above water. The hook. replace portable gangway and add a new project would also add 4 clusters of 13 • Install four new standoff fenders (to raised fire monitor. The gangway would composite piles each (52 total composite replace timber fender pile system). be supported by four, 24-inch square piles) as markers and protection of the • Replace existing auxiliary and hose concrete piles. This would be the only new batter piles on the east side of the cranes and vapor recovery crane to in-water work for modifications at Berth retrofit. See Table 1 for pile summary accommodate the new standoff fenders. 3. information. mstockstill on DSK30JT082PROD with NOTICES VerDate Sep<11>2014 17:36 Jun 13, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\14JNN1.SGM 14JNN1$

27244 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

and threats, and information regarding changes in the status of these species refer to NMFS’ Web site
local occurrence, were provided in the and stocks; therefore, detailed (www.nmfs.noaa.gov/pr/species/
Federal Register notice for the proposed descriptions are not provided here. mammals/) for generalized species
IHA (82 FR 15025; March 24, 2017). Please refer to that Federal Register accounts.
Since that time, we are not aware of any notice for these descriptions. Please also
TABLE 2—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF THE PROJECT 1
ESA/MMPA
status; Stock abundance PBR 4 Occurrence
Species Stock (CV/Nmin) 3 Seasonal
strategic in/near project
(Y/N) 2

Pacific harbor seal, California Stock .......... -/N 30,968 (-/27,348) ........ 1,641 Common ....................................... Year-round.
Phoca vitulina.
California sea lion, Eastern U.S. Stock ..... -/N 296,750 (-/153,337) .... 9,200 Uncommon .................................... Year-round.
Zalophus
californianus.
Harbor porpoise, San Francisco-Rus- -/N 9,886 (0.51/6,625) ...... 66 Common in the vicinity of the Year-round.
Phocoena phocoena. sian River Stock. Golden Gate and Richardson’s
Bay, Rare elsewhere.
Gray whale, Eastern North Pacific -/N 20,990 (0.05/20,125) .. 624 Rare to occasional ........................ December–April.
Eschrichtius robustus. Stock.
1 Source: Carretta et al., 2016
2 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 de-
pleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is de-
termined 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.
3 CV is coefficient of variation; N
min is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance
estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the species’ (or similar spe-
cies’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts
of all animals ashore.
4 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine
mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).

Potential Effects of the Specified to occur as a result of the specified In order to estimate the potential
Activity on Marine Mammals and Their activities considered pursuant to this incidents of take that may occur
Habitat IHA, which will inform both NMFS’ incidental to the specified activity, we
The effects of underwater noise from consideration of whether the number of must first estimate the extent of the
construction activities for the project takes is small and the negligible impact sound field that may be produced by the
have the potential to result in behavioral determination. activity and then consider the sound
harassment of marine mammals in the Harassment is the only type of take field in combination with information
vicinity of the action area. The Federal expected to result from these activities. about marine mammal density or
Register notice for the proposed IHA (82 Except with respect to certain activities abundance in the project area. We first
FR 15025; March 24, 2017) included a not pertinent here, section 3(18) of the provide information on applicable
discussion of the potential effects of MMPA defines ‘‘harassment’’ as: Any sound thresholds for determining effects
anthropogenic noise on marine act of pursuit, torment, or annoyance to marine mammals before describing
mammals, therefore that information is which (i) has the potential to injure a the information used in estimating the
not repeated here; please refer to the marine mammal or marine mammal sound fields, the available marine
Federal Register notice for that stock in the wild (Level A harassment); mammal density or abundance
information. or (ii) has the potential to disturb a information, and the method of
The primary impacts to marine marine mammal or marine mammal estimating potential incidences of take.
mammal habitat are associated with stock in the wild by causing disruption Sound Thresholds—NMFS uses
elevated sound levels produced by of behavioral patterns, including, but sound exposure thresholds to determine
impact pile driving in the area. not limited to, migration, breathing, when an activity that produces
However, other potential impacts to the nursing, breeding, feeding, or sheltering underwater sound might result in
surrounding habitat from physical (Level B harassment). impacts to a marine mammal such that
disturbance are also possible. The Authorized takes would be by Level B a take by harassment might occur. On
project would not result in permanent harassment only, in the form of August 4, 2016, NMFS released its
impacts to habitats used directly by disruption of behavioral for individual Technical Guidance for Assessing the
marine mammals, such as haulout sites, marine mammals resulting from Effects of Anthropogenic Sound on
but may have potential short-term exposure to impact driving. Based on Marine Mammal Hearing (Guidance) (81
impacts to food sources and minor the nature of the activity and the FR 51694) (available at http://
impacts to the immediate substrate anticipated effectiveness of the www.nmfs.noaa.gov/pr/acoustics/
during installation of piles during the mitigation measures (i.e., shutdown, soft guidelines.htm). This new guidance
project. These potential effects are start discussed in detail below in established new thresholds for
discussed in detail in the Federal Proposed Mitigation section), Level A predicting auditory injury, which
mstockstill on DSK30JT082PROD with NOTICES

Register notice for the proposed IHA (82 harassment is neither anticipated nor equates to Level A harassment under the
FR 15025; March 24, 2017), therefore, authorized. The death of a marine MMPA. As will be discussed below,
that information is not repeated here. mammal is also a type of incidental NMFS has revised Permanent Threshold
take. However, as described previously, Shift (PTS) (and Temporary Threshold
Estimated Take no mortality is anticipated or authorized Shift (TTS)) onset acoustic thresholds
This section includes an estimate of for this activity. Below we describe how for impulsive and non-impulsive sound
the number of incidental takes expected the take is estimated. as part of its new acoustic guidance. The

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices 27245

Guidance does not address Level B utilized ‘‘jetting.’’ Jetting consists of resulting in an expected propagation
harassment; therefore, NMFS uses the employing a carefully directed and environment that would lie between
current acoustic exposure criteria to pressurized flow of water to assist in spherical and cylindrical spreading loss
determine exposure to underwater noise pile placement by liquefying soils at the conditions.
sound pressure levels for Level B pile tip during pile placement. Jetting Level A Zone—Chevron’s Level A
harassment (Table 5). tends to increase driving efficiency harassment zone was calculated by
During the installation of piles, the while decreasing sound levels and will utilizing the methods presented in
project has the potential to increase not be utilized by Chevron during this Appendix D of NMFS’ Guidance and the
airborne noise levels. Airborne pile- project. Note that NMFS had incorrectly accompanying User Spreadsheet. The
driving root means square (RMS) noise used a RMS value of 170 dB in the Guidance provides updated PTS onset
levels above the NMFS airborne noise Notice of Proposed IHA. Utilizing the thresholds using the cumulative SEL
thresholds are not expected to extend to corrected value of 171 dB results in (SELcum) metric, which incorporates
the Castro Rocks haul-out site, which is slightly larger predicted Level A and marine mammal auditory weighting
located 650 meters (m) north of Long Level B isopleths. NMFS used an functions, to identify the received
Wharf. In addition, the Castro Rocks identical approach to arrive at an levels, or acoustic thresholds, at which
haul out is subject to high levels of average peak value of 181 dB based on individual marine mammals are
background noise from the Richmond results from Pier 40. predicted to experience changes in their
Bridge, ongoing vessel activity at the Sound Propagation—Transmission hearing sensitivity for acute, incidental
Long Wharf, ferry traffic, and other loss (TL) is the decrease in acoustic exposure to all underwater
general boat traffic. Any pinnipeds that intensity as an acoustic pressure wave anthropogenic sound sources. The
surface in the area over which the propagates out from a source. TL Guidance and its companion User
airborne noise thresholds may be parameters vary with frequency, Spreadsheet provide alternative
exceeded would have already been temperature, sea conditions, current, methodology for incorporating these
exposed to underwater noise levels source and receiver depth, water depth, more complex thresholds and associated
above the applicable thresholds and water chemistry, and bottom weighting functions.
thus would not result in an additional composition and topography. The
incidental take. Airborne noise is not The User Spreadsheet accounts for
general formula for underwater TL is:
considered further. weighting functions using Weighting
TL = B * log10 (R1/R2), Factor Adjustments (WFAs), and NMFS
Source Levels—Pile driving generates
underwater noise that can potentially Where: used the recommended values for
result in disturbance to marine R1 = the distance of the modeled SPL from impact driving therein (2 kilohertz
mammals in the project area. In order to the driven pile, and (kHz)). Pile driving durations were
establish distances to PTS and R2 = the distance from the driven pile of the estimated based on similar project
behavioral harassment isopleths, the initial measurement. experience. NMFS’ new acoustic
sound source level associated with a B = spreading loss value thresholds use dual metrics of SELcum
specific pile driving activity must be This formula does not account for loss and peak sound level (PK) for impulsive
measured directly or estimated using due to scattering and absorption, which sounds (e.g., impact pile driving). The
proxy information. The intensity of pile is assumed to be zero here. The degree noise levels noted above were used in
driving sounds is greatly influenced by to which underwater sound propagates the Spreadsheet for 24-inch square
factors such as the material type and away from a sound source is dependent concrete piles. It was estimated that two
dimension of piles. To estimate the on a variety of factors, most notably the piles would be installed in one 24-hr
noise effects of the 24-inch square water bathymetry and presence or workday with installation for each pile
concrete piles planned for use in Year absence of reflective or absorptive requiring approximately 300 blows.
1 of this project, Chevron reviewed conditions including in-water structures NMFS used an RMS of 171 dB and
sound pressure levels (SPLs) from other and sediments. Spherical spreading pulse duration of 0.1 seconds. Measured
projects conducted under similar occurs in a perfectly unobstructed (free- SEL values were not available for 24-
circumstances. These projects include field) environment not limited by depth inch square concrete piles.
the Pier 40 Berth Construction in San or water surface, resulting in a 6 dB Utilizing the User Spreadsheet, NMFS
Francisco, and the Berth 22 and Berth reduction in sound level for each applied the updated PTS onset
32 reconstruction projects at the Port of doubling of distance from the source thresholds for impulsive PK and
Oakland. However, NMFS elected to use (20*log(range)). Cylindrical spreading SELcum in the new acoustic guidance to
data from only the Pier 40 project since occurs in an environment in which determine distance to the isopleths for
24-inch square concrete piles were sound propagation is bounded by the PTS onset for impact pile driving. In
installed at that location. At Berth 22 water surface and sea bottom, resulting determining the cumulative sound
and Berth 32, 24-inch octagonal in a reduction of 3 dB in sound level for exposure levels, the Guidance considers
concrete piles were installed. The each doubling of distance from the the duration of the activity, the sound
differences in pile shape may result in source (10*log(range)). As is common exposure level produced by the source
varying SPLs. Impact pile driving at Pier practice in coastal waters, here we during a 24-hr period, and the
40 resulted in measured RMS values assume practical spreading loss (4.5 dB generalized hearing range of the
ranging from 162–174 dB and peak SPLs reduction in sound level for each receiving species. In the case of the duel
from 172 to 186 dB. SEL measurements doubling of distance) here. Practical metric acoustic thresholds for impulsive
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were not recorded. From Pier 40, NMFS spreading is a compromise that is often sound, the larger of the two isopleths for
selected a RMS value of 171 decibel used under conditions where water calculating PTS onset is used. Results in
(dB), which was the average of the eight increases with depth as the receiver Table 4 display the Level A injury zones
piles tested, excluding two piles that moves away from the shoreline, for the various hearing groups.

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27246 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

TABLE 4—INJURY ZONES AND SHUTDOWN ZONES FOR HEARING GROUPS ASSOCIATED WITH INSTALLATION OF 24-INCH
CONCRETE PILES VIA IMPACT DRIVING
Low-frequency High-frequency
Mid-frequency Phocid pinnipeds Otariid pinnipeds
Hearing group cetaceans cetaceans
cetaceans (harbor seal) (CA sea lion)
(gray whale) (harbor porpoise)

PTS Onset Acoustic Lpk,flat: 219 dB ......... Lpk,flat: 230 dB ......... Lpk,flat: 202 dB ......... Lpk,flat: 218 dB ......... Lpk,flat: 232 dB
Thresholds—Impul- LE,LF,24h: 183 dB .... LE,MF,24h: 185 dB ... LE,HF,24h: 155 dB .... LE,PW,24h: 185 dB ... LE,OW,24h: 203 dB
sive *.
(Received Level) ........
PTS Isopleth to 24.3 ........................... 0.9 ............................. 28.9 ........................... 13.0 ........................... 0.9
threshold (m).
* 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.

The zone of influence (ZOI) refers to distances to the 160 dB threshold sound exceeding the Level B 160 dB
the area(s) in which SPLs equal or assume a field free of obstruction. RMS threshold over a distance of 54
exceed NMFS’ current Level B Assuming a source level of 171 dB RMS, meters (177 feet) (Table 5).
harassment thresholds (160 dB for installation of the 24-inch concrete piles
impulse sound). Calculated radial is expected to produce underwater

TABLE 5—ISOPLETH FOR LEVEL B HARASSMENT ASSOCIATED WITH IMPACT DRIVING OF 24-INCH CONCRETE PILES
Isopleth
Criterion Definition Threshold (distance from
source)

Level B harassment ................................. Behavioral disruption ............................... 160 dB RMS ............................................ 54m
(impulse sources) ....................................

Density/Abundance—Data specifying Take Estimate—The estimated June-July and coinciding with the
a marine mammal’s density or number of marine mammals that may be period when piles will be driven) as
abundance in a given area can often be exposed to noise at levels expected to many as 129 harbor seals have been
used to generate exposure estimates. result in take as defined in the MMPA observed using Castro Rocks as a haul
However, no systematic line transect is determined by comparing the out. Harbor seals are more likely to be
surveys of marine mammals have been calculated areas over which the Level B hauled out in the late afternoon and
performed in the San Francisco Bay harassment threshold may be exceeded, evening, and are more likely to be in the
near the project site. Density as described above, with the expected water during the morning and early
information for marine mammal species distribution of marine mammal species afternoon (Green et al., 2002). However,
has been generated by Caltrans based on within the vicinity of the project. NMFS during the molting season, harbor seals
15 years (2000–2015) of observations as calculated take qualitatively utilizing spend more time hauled out and tend to
part of the San Francisco-Oakland Bay observational data taken during marine enter the water later in the evening.
Bridge replacement project (Caltrans mammal monitoring associated with the During molting, harbor seals can stay
2016). The data revealed densities of RSRB retrofit project, the San Francisco- onshore resting for an average of 12
0.00004 animals/kilometer (km2 for gray Oakland Bay Bridge replacement hours per day during the molt compared
whale, 0.021 animals/km2 for harbor project, and other marine mammal to around 7 hours per day outside of the
porpoise, 0.09 animals/km2 for observations for San Francisco Bay. As pupping/molting seasons (NPS 2014).
California sea lion, and 0.17 animals/ described previously in the Effects Tidal stage is a major controlling
km2 for harbor seal. Utilization of these section, Level B Harassment is expected factor of haul out usage at Castro Rocks
data to develop exposure estimates to occur and is authorized in the with more seals present during low
results in very small exposure values. numbers identified below. tides than high tide periods (Green et
Despite the near zero estimate provided al., 2002). Additionally, the number of
through use of the Caltrans density data, Pacific Harbor Seal seals hauled out at Castro Rocks also
mstockstill on DSK30JT082PROD with NOTICES

local observational data led us to believe Castro Rocks is the largest harbor seal varies with the time of day, with
that this estimate may not be accurate in haul out site in the northern part of San proportionally more animals hauled out
illustrating the potential for take at this Francisco Bay and is the second largest during the nighttime hours (Green et al.,
particular site, so we have to use other pupping site in the Bay (Green et al., 2002). Therefore, the number of harbor
information. Instead, NMFS relied on 2002). The pupping season is from seals in the water around Castro Rocks
local observational data as described March to June in San Francisco Bay. will vary throughout the work period.
below. During the molting season (typically The take estimates are based on the

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices 27247

highest number of harbor seals observed monitoring that occurred over a period Central Bay in low numbers, including
at Castro Rocks during 2007 to 2012 of May 1998 to February 2002, the project area. The density and
annual surveys (approximately 129 California sea lions were sighted at least frequency of this usage throughout the
seals). Without site-specific data, it is 90 times in the northern portion of the Bay is unknown. For this IHA, NMFS is
impossible to determine how many Central Bay and at least 57 times near not authorizing take of any harbor
hauled out seals enter the water and, of the San Francisco-Oakland Bay Bridge porpoise since the exclusion zone will
those, how many enter into the Level B in the Central Bay. During monitoring be conservatively set at 55 m, which is
harassment area. Given the relatively for the San Francisco-Oakland Bay larger than the Level B zone isopleth of
small size of the Level B harassment Bridge Project in the Central Bay, 54 m, and take can be avoided.
area compared to the large expanse of California sea lions were observed on 69
Gray Whale
Bay water that is available to the seals, occasions in the vicinity of the bridge
NMFS will assume that no more than 6 over a 14-year period from 2000–2014 The only whale species that enters
seals per day would enter into the Level (Caltrans 2015b). The limited data San Francisco bay with any regularity is
B harassment area during the 40 regarding these observations do not the gray whale. Gray whales
minutes of pile driving per day allow a quantitative assessment of occasionally enter the Bay during their
scheduled to occur over 4 days. potential take. Given the limited driving northward migration period, and are
Therefore, NMFS authorizes Level B time, low number of sea lions that are most often sighted in the Bay between
take of up to 6 seals per day may over likely to be found in the northern part February and May. Most venture only
4 days of impact driving, resulting in a of the Bay, and small size of the level about 2 to 3 km past the Golden Gate
total of 24 authorized incidents of take. B zone, NMFS is authorizing a total of Bridge, but gray whales have
two incidents of take for California sea occasionally been sighted as far north as
California Sea Lion San Pablo Bay. Impact pile driving is
lions.
Relatively few California sea lions are not expected to occur during this time,
expected to be present in the project Harbor Porpoise however, and gray whales are not likely
area during periods of pile driving, as A small but growing population of to be present at other times of year.
there are no haul-outs utilized by this harbor porpoises utilizes San Francisco Furthermore, the exclusion zone of 55 m
species in the vicinity. However, Bay. Harbor porpoises are typically for this species is larger than the Level
monitoring for the RSRB did observe spotted in the vicinity of Angel Island B zone isopleth of 54 m. As such, NMFS
small numbers of this species in the and the Golden Gate Bridge (6 and 12 is not authorizing any gray whale take.
north and central portions of the Bay km southwest respectively) (Keener Table 6 shows estimated Level B take
during working hours. During 2011), but may utilize other areas in the for authorized species.

TABLE 6—SUMMARY OF ESTIMATED TAKE BY SPECIES (LEVEL B HARASSMENT)
Species
Number Number of
Pile type Pile driver type of piles driving days Harbor seal CA sea lion

24-inch square concrete ................... Impact ............................................... 8 4 24 2

Mitigation Mitigation for Mammals and Their harassment isopleths threshold during
Under section 101(a)(5)(D) of the Habitat impact pile driving, assuming a
MMPA, NMFS shall prescribe the The following measures would apply maximum of 2 piles per day is 28.9 m
permissible methods of taking by to Chevron’s mitigation through the for harbor porpoise; 13.0 m for harbor
harassment pursuant to such activity, exclusion zone and zone of influence seal; 0.9 m for California sea lion, and;
and other means of effecting the least (ZOI): 24.3 m for gray whales.
practicable impact on such species or Time Restriction—For all in-water NMFS will require a 15 m exclusion
stock and its habitat, paying particular pile driving activities, Chevron shall zone for harbor seals and California sea
attention to rookeries, mating grounds, operate only during daylight hours lions. In order to prevent any take of the
and areas of similar significance, and on when visual monitoring of marine cetacean species, a 55 m exclusion zone
the availability of such species or stock mammals can be conducted. will be required for harbor porpoises
for subsistence uses. Seasonal Restriction—To minimize and gray whales, which exceeds the
To ensure that the ‘‘least practicable impacts to listed fish species, pile- Level B harassment isopleth. A
impact’’ will be achieved, NMFS driving activities would occur between shutdown will occur prior to a marine
evaluates mitigation measures in June 1 and November 30. mammal entering the shutdown zones.
consideration of the following factors in Exclusion Zone—For all pile driving Activity will cease until the observer is
relation to one another: activities, Chevron will establish an confident that the animal is clear of the
• The manner in which, and the exclusion zone intended to contain the shutdown zone. The animal will be
degree to which, the successful area in which Level A harassment considered clear if:
implementation of the measure(s) is thresholds are exceeded. The purpose of • It has been observed leaving the
expected to reduce impacts to marine the exclusion zone is to define an area shutdown zone; or
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mammals, marine mammal species or within which shutdown of construction • It has not been seen in the
stocks, their habitat; and activity would occur upon sighting of a shutdown zone for 30 minutes for
• their availability for subsistence marine mammal within that area (or in cetaceans and 15 minutes for pinnipeds.
uses (latter where relevant); the proven anticipation of an animal entering the 10-Meter Shutdown Zone—During the
or likely efficacy of the measures; and defined area), thus preventing potential in-water operation of heavy machinery
the practicability of the measures for injury of marine mammals. The (e.g., barge movements), a 10-m
applicant implementation. calculated distance to Level A shutdown zone for all marine mammals

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27248 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

will be implemented. If a marine impact driving, an initial set of three understanding of one or more of the
mammal comes within 10 m, operations strikes would be made by the hammer following:
shall cease and vessels shall reduce at reduced energy, followed by a 30-sec • Occurrence of marine mammal
speed to the minimum level required to waiting period, then two subsequent species or stocks in the action area (e.g.,
maintain steerage and safe working three- strike sets before initiating presence, abundance, distribution,
conditions. continuous driving. Soft start will be density);
Level B Harassment Zone (Zone of required at the beginning of each day’s • Nature, scope, or context of likely
Influence)—The ZOI refers to the area(s) impact pile driving work and at any marine mammal exposure to potential
in which SPLs equal or exceed NMFS’ time following a cessation of impact pile stressors/impacts (individual or
current Level B harassment thresholds driving of thirty minutes or longer. cumulative, acute or chronic), through
(160 dB rms for pulse sources). ZOIs If a marine mammal is present within better understanding of: (1) Action or
provide utility for monitoring that is a shutdown zone, ramping up shall be environment (e.g., source
conducted for mitigation purposes (i.e., delayed until the animal(s) leaves the characterization, propagation, ambient
exclusion zone monitoring) by relevant shutdown zone. Activity shall noise); (2) affected species (e.g., life
establishing monitoring protocols for begin only after the MMO has history, dive patterns); (3) co-occurrence
areas adjacent to the exclusion zone. determined, through sighting, that the of marine mammal species with the
Monitoring of the ZOI enables observers animal(s) has moved outside the action; or (4) biological or behavioral
to be aware of, and communicate about, relevant shutdown zone or it has not context of exposure (e.g., age, calving or
the presence of marine mammals within been observed in the shutdown zone for feeding areas);
the project area but outside the 30 minutes for cetaceans and 15 • Individual marine mammal
exclusion zone and thus prepare for minutes for pinnipeds. responses (behavioral or physiological)
potential shutdowns of activity should If an authorized species is present in to acoustic stressors (acute, chronic, or
those marine mammals approach the the Level B harassment zone, ramping cumulative), other stressors, or
exclusion zone. However, the primary up shall begin and a Level B take shall cumulative impacts from multiple
purpose of ZOI monitoring is to allow be documented. Ramping up shall occur stressors;
documentation of incidents of Level B when these species are in the Level B • How anticipated responses to
harassment; ZOI monitoring is harassment zone whether they entered stressors impact either: (1) Long-term
discussed in greater detail later (see the Level B zone from the Level A zone, fitness and survival of individual
Monitoring and Reporting). The or from outside the project area. marine mammals; or (2) populations,
modeled radial distances for the ZOI for species, or stocks;
Pile Caps/Cushions—Chevron will
impact pile driving of 24-inch square • Effects on marine mammal habitat
employ the use of pile caps or cushions
concrete piles is 54 m. NMFS will (e.g., marine mammal prey species,
as sound attenuation devices to reduce
require a 55 m Level B zone for harbor acoustic habitat, or other important
impacts from sound exposure during
seals and California sea lions. physical components of marine
In order to document observed impact pile driving.
mammal habitat); and
incidents of harassment, monitors will Based on our evaluation of the • Mitigation and monitoring
record all marine mammals observed applicant’s measures, as well as other effectiveness.
within the ZOI. Due to the relatively measures considered by NMFS, we have Chevron will collect sighting data and
small ZOI and to the monitoring determined that the required mitigation will record behavioral responses to
locations chosen by Chevron we expect measures provide the means effecting construction activities for marine
that two monitors will be able to the least practicable impact on the mammal species observed in the project
observe the entire ZOI. affected species or stocks and their location during the period of activity.
The shutdown zone and ZOI shall be habitat, paying particular attention to Monitoring will be conducted by
monitored throughout the time required rookeries, mating grounds, and areas of qualified marine mammal observers
to install a pile. If a harbor seal or similar significance. (MMO), who are trained biologists, with
California sea lion is observed entering Monitoring and Reporting the following minimum qualifications:
the ZOI, a Level B exposure shall be • Independent observers (i.e., not
recorded and behaviors documented. In order to issue an IHA for an construction personnel) are required;
That pile segment shall be completed activity, Section 101(a)(5)(D) of the • At least one observer must have
without cessation, unless the animal MMPA states that NMFS must set forth, prior experience working as an observer;
approaches the shutdown zone. Pile requirements pertaining to the • Other observers may substitute
installation shall be halted immediately monitoring and reporting of such taking. education (undergraduate degree in
before the animal enters the Level A The MMPA implementing regulations at biological science or related field) or
zone. 50 CFR 216.104 (a)(13) indicate that training for experience;
If any marine mammal species other requests for authorizations must include • Ability to conduct field
than those for which take is authorized, the suggested means of accomplishing observations and collect data according
or if a species for which authorization the necessary monitoring and reporting to assigned protocols;
has been granted but the number of that will result in increased knowledge • Experience or training in the field
authorized takes has been met enters or of the species and of the level of taking identification of marine mammals,
approaches the ZOI, all activities shall or impacts on populations of marine including the identification of
be shut down until the animal is mammals that are expected to be behaviors;
observed leaving the ZOI or it has not present in the action area. Effective • Sufficient training, orientation, or
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been observed in the ZOI for 30 minutes reporting is critical both to compliance experience with the construction
for cetaceans and 15 minutes for as well as ensuring that the most value operation to provide for personal safety
pinnipeds. is obtained from the required during observations;
Ramp up/Soft-Start—A ‘‘soft-start’’ monitoring. • Writing skills sufficient to prepare a
technique is intended to allow marine Monitoring and reporting report of observations including but not
mammals to vacate the area before the requirements prescribed by NMFS limited to the number and species of
pile driver reaches full power. For should contribute to improved marine mammals observed; dates and

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices 27249

times when in-water construction conducting SSV tests. NMFS must If no comments are received from NMFS
activities were conducted; dates and approve the acoustic monitoring plan. within 30 days, the draft final report
times when in-water construction Final results will be sent to NMFS. will become final. If comments are
activities were suspended to avoid Findings will be used to establish Level received, a final report must be
potential incidental injury from A and Level B isopleths during impact submitted up to 30 days after receipt of
construction sound of marine mammals driving of 24-in square concrete piles for comments. Reports shall contain the
observed within a defined shutdown future IHA’s associated with this following information:
zone; and marine mammal behavior; project. • Summaries of monitoring effort
• Ability to communicate orally, by (e.g., total hours, total distances, and
radio or in person, with project Data Collection marine mammal distribution through
personnel to provide real-time We require that observers use the study period, accounting for sea
information on marine mammals approved data forms. Among other state and other factors affecting
observed in the area as necessary; and pieces of information, chevron will visibility and detectability of marine
• NMFS will require submission and record detailed information about any mammals);
approval of observer CVs. implementation of shutdowns, • Analyses of the effects of various
Chevron will monitor the exclusion including the distance of animals to the factors influencing detectability of
zones and Level B harassment zone pile being driven, a description of marine mammals (e.g., sea state, number
before, during, and after pile driving, specific actions that ensued, and of observers, and fog/glare); and
with at least two observers located at the resulting behavior of the animal, if any. • Species composition, occurrence,
best practicable vantage points. Based In addition, Chevron will attempt to and distribution of marine mammal
on our requirements, the Marine distinguish between the number of sightings, including date, numbers, age/
Mammal Monitoring Plan would individual animals taken and the size/gender categories (if determinable),
implement the following procedures for number of incidents of take, when and group sizes.
pile driving: possible. We require that, at a In the unanticipated event that the
• During observation periods, minimum, that the following specified activity clearly causes the take
observers will continuously scan the information be recorded on sighting of a marine mammal in a manner
area for marine mammals using forms: prohibited by the IHA (if issued), such
binoculars and the naked eye; • Date and time that permitted as an injury (Level A harassment),
• Monitoring shall begin 30 minutes construction activity begins or ends; serious injury or mortality (e.g., ship-
prior to impact pile driving; • Weather parameters (e.g., percent strike, gear interaction, and/or
• Observers will conduct cloud cover, percent glare, visibility) entanglement), Chevron would
observations, meet training and Beaufort sea state; immediately cease the specified
requirements, fill out data forms, and • Species, numbers, and, if possible, activities and immediately report the
report findings in accordance with this sex and age class of observed marine incident to the Office of Protected
IHA; mammals; Resources, NMFS, and the West Coast
• If the exclusion zone is obscured by • Construction activities occurring Regional Stranding Coordinator. The
fog or poor lighting conditions, pile during each sighting; report would include the following
driving will not be initiated until the • Marine mammal behavior patterns information:
exclusion zone is clearly visible. Should observed, including bearing and • Time, date, and location (latitude/
such conditions arise while impact direction of travel; longitude) of the incident;
driving is underway, the activity would • Specific focus should be paid to • Name and type of vessel involved
be halted; behavioral reactions just prior to, or (if applicable);
• Observers will be in continuous during, soft-start and shutdown • Vessel’s speed during and leading
contact with the construction personnel procedures; up to the incident (if applicable);
• Description of the incident;
via two-way radio. A cellular phone will • Location of marine mammal,
• Status of all sound source used in
be used for back-up communications distance from observer to the marine
the 24 hours preceding the incident;
and for safety purposes; mammal, and distance from pile driving • Water depth;
• Observers will implement activities to marine mammals; • Environmental conditions (e.g.,
mitigation measures including • Record of whether an observation wind speed and direction, Beaufort sea
monitoring of the shutdown and required the implementation of state, cloud cover, and visibility);
monitoring zones, clearing of the zones, mitigation measures, including • Description of all marine mammal
and shutdown procedures; and shutdown procedures and the duration observations in the 24 hours preceding
• At the end of the pile-driving day, of each shutdown; and the incident;
post-construction monitoring will be • Other human activity in the area. • Species identification or
conducted for 30 minutes beyond the Record the hull numbers of fishing description of the animal(s) involved;
cessation of pile driving. vessels if possible. • Fate of the animal(s); and
• Photographs or video footage of the
Sound Source Verification Reporting Measures
animal(s) (if equipment is available).
Sound Source Verification (SSV) Chevron shall submit a draft report to Activities would not resume until
testing of impact driving will be NMFS within 90 days of the completion NMFS is able to review the
conducted under this IHA. Little data of marine mammal monitoring, or 60 circumstances of the prohibited take.
exist for source levels associated with days prior to the issuance of any NMFS would work with Chevron to
mstockstill on DSK30JT082PROD with NOTICES

installation of 24-in square concrete subsequent IHA for this project (if determine necessary actions to
piles (including data on single strike required), whichever comes first. The minimize the likelihood of further
sound exposure level metrics). Chevron annual report would detail the prohibited take and ensure MMPA
will conduct in-situ measurements monitoring protocol, summarize the compliance.
during installation of four out of eight data recorded during monitoring, and Chevron would not be able to resume
piles. The SSV will be conducted by an estimate the number of marine their activities until notified by NMFS
acoustical firm with prior experience mammals that may have been harassed. via letter, email, or telephone.

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27250 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

In the event that Chevron discovers an FR 40338; September 29, 1989), the numerous construction activities
injured or dead marine mammal, and impacts from other past and ongoing conducted in other similar locations
the lead MMO determines that the cause anthropogenic activities are which have taken place with no
of the injury or death is unknown and incorporated into these analyses via reported injuries or mortality to marine
the death is relatively recent (i.e., in less their impacts on the environmental mammals, and no known long-term
than a moderate state of decomposition baseline (e.g., as reflected in the adverse consequences from behavioral
as described in the next paragraph), regulatory status of the species, harassment.
Chevron would immediately report the population size and growth rate where The takes that are anticipated and
incident to the Office of Protected known, ongoing sources of human- authorized are expected to be limited to
Resources, NMFS, and the West Coast caused mortality, or ambient noise short-term Level B harassment
Regional Stranding Coordinator. The levels). (behavioral) as only eight piles will be
report would include the same To avoid repetition, this introductory driven over 4 days with each pile
information identified in the section discussion of our analyses applies to all requiring approximately 20 minutes of
above. Activities would be able to the species listed in Table 7 given that driving time. Marine mammals present
continue while NMFS reviews the the anticipated effects of Chevron’s near the action area and taken by Level
circumstances of the incident. NMFS construction activities involving impact B harassment would most likely show
would work with Chevron to determine pile driving on marine mammals are overt brief disturbance (e.g. startle
whether modifications in the activities expected to be relatively similar in reaction) and avoidance of the area from
are appropriate. nature. There is no information about elevated noise level during pile driving.
In the event that Chevron discovers an the nature or severity of the impacts, or Repeated exposures of individuals to
injured or dead marine mammal, and the size, status, or structure of any levels of sound that may cause Level B
the lead MMO determines that the species or stock that would lead to a harassment are unlikely to significantly
injury or death is not associated with or different analysis for this activity, or disrupt foraging behavior. Thus, even
related to the activities authorized in the else species-specific factors would be repeated Level B harassment of some
IHA (e.g., previously wounded animal, identified and analyzed. small subset of the overall stock is
carcass with moderate to advanced Impact pile driving activities unlikely to result in any significant
decomposition, or scavenger damage), associated with the project, as outlined realized decrease in fitness for the
Chevron would report the incident to previously, have the potential to disturb affected individuals, and thus would
Office of Protected Resources, NMFS, or displace marine mammals. not result in any adverse impact to the
and West Coast Regional Stranding Specifically, the specified activities may stock as a whole.
Coordinator, within 24 hours of the result in take, in the form of Level B The project is not expected to have
discovery. Chevron would provide harassment (behavioral disturbance), significant adverse effects on affected
photographs or video footage (if from underwater sounds generated from marine mammals’ habitat. While EFH
available) or other documentation of the pile driving. Potential takes could occur for several species does exist in the
stranded animal sighting to NMFS and if individuals of these species are project area, the activities would not
the Marine Mammal Stranding Network. present in the ensonified zone when in- permanently modify existing marine
Pile driving activities would be water construction is under way. mammal habitat. The activities may
permitted to continue. No marine mammal stocks for which cause fish to leave the area temporarily.
incidental take authorization are listed This could impact marine mammals’
Negligible Impact Analysis and as threatened or endangered under the foraging opportunities in a limited
Determination ESA or determined to be strategic or portion of the foraging range; but,
NMFS has defined negligible impact depleted under the MMPA. No injuries because of the short duration of the
as an impact resulting from the or mortalities are anticipated to occur as activities and the relatively small area of
specified activity that cannot be a result of Chevron’s impact pile driving affected habitat, the impacts to marine
reasonably expected to, and is not activities. The relatively low marine mammal habitat are not expected to
reasonably likely to, adversely affect the mammal density and small shutdown cause significant or long-term negative
species or stock through effects on zones make injury takes of marine consequences.
annual rates of recruitment or survival mammals unlikely. In addition, the In summary, this negligible impact
(50 CFR 216.103). A negligible impact Level A exclusion zones would be analysis is founded on the following
finding is based on the lack of likely thoroughly monitored before the impact factors: (1) The possibility of non-
adverse effects on annual rates of pile driving occurs and driving auditory injury, serious injury, or
recruitment or survival (i.e., population- activities would be would be postponed mortality may reasonably be considered
level effects). An estimate of the number if a marine mammal is sighted entering discountable; (2) the anticipated
of takes, alone, is not enough the exclusion zones. The likelihood that incidents of Level B harassment consist
information on which to base an impact marine mammals will be detected by of, at worst, temporary modifications in
determination. In addition to trained observers is high under the behavior; (3) the short duration of in-
considering the authorized number of environmental conditions described for water construction activities (4 days,
marine mammals that might be taken the project. The employment of the soft- 160 minutes total driving time); (4)
through harassment, NMFS considers start mitigation measure would also limited spatial impacts to marine
other factors, such as the likely nature allow marine mammal in or near the mammal habitat; and (5) the presumed
of any responses (e.g., intensity, ZOI or exclusion zone to move away efficacy of the mitigation measures in
duration), the context of any responses from the impact driving sound source. reducing the effects of the specified
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(e.g., critical reproductive time or Therefore, the mitigation and activity to the level of least practicable
location, migration, etc.), as well as monitoring measures are expected to impact. In combination, we believe that
effects on habitat, the status of the eliminate the potential for injury and these factors, as well as the available
affected stocks, and the likely reduce the amount and intensity of body of evidence from other similar
effectiveness of the mitigation. behavioral harassment. Furthermore, the activities, demonstrate that the potential
Consistent with the 1989 preamble for pile driving activities analyzed here are effects of the specified activity will have
NMFS’s implementing regulations (54 similar to, or less impactful than, only short-term effects on individuals.

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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices 27251

The specified activity is not expected to Small Numbers authorization is limited to small
impact rates of recruitment or survival numbers of marine mammals.
and will therefore not result in As noted above, only small numbers The numbers of animals authorized to
population-level impacts. of incidental take may be authorized be taken would be considered small
Based on the analysis contained under Section 101(a)(5)(D) of the MMPA relative to the relevant stocks or
herein of the likely effects of the for specified activities other than populations (<0.01 percent for both
specified activity on marine mammals military readiness activities. The MMPA species as shown in Table 7) even if
and their habitat, and taking into does not define small numbers and so, each estimated taking occurred to a new
consideration the implementation of the in practice, NMFS compares the number individual. However, the likelihood that
monitoring and mitigation measures, of individuals taken to the most each take would occur to a new
NMFS finds that the total marine appropriate estimation of the relevant individual is extremely low. Further,
mammal take from the activity will have species or stock size in our these takes are likely to occur only
a negligible impact on all affected determination of whether an within some small portion of the overall
marine mammal species or stocks. regional stock.
TABLE 7—POPULATION ABUNDANCE ESTIMATES, TOTAL AUTHORIZED LEVEL B TAKE, AND PERCENTAGE OF POPULATION
THAT MAY BE TAKEN FOR THE POTENTIALLY AFFECTED SPECIES DURING THE PROJECT
Percentage of
Total level B
Species Abundance* stock or
take population

Harbor seal .................................................................................................................................. 1 30,968 24 <0.01
California sea lion (U.S. Stock) ................................................................................................... 296,750 2 <0.01
* Abundance estimates are taken from the 2015 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al., 2016).
1 California stock abundance estimate.

Based on the analysis contained extraordinary circumstances listed in ACTION: Notice of an Outreach meeting
herein of the activity (including the Chapter 4 of the Companion Manual for of the North Pacific Fishery
mitigation and monitoring measures) NAO 216–6A that would preclude this Management Council and St. Paul
and the anticipated take of marine categorical exclusion. NMFS has Residents.
mammals, NMFS finds that small prepared a CE memorandum for the
numbers of marine mammals will be record. SUMMARY: The North Pacific Fishery
taken relative to the population size of Management Council (Council) will
the affected species or stocks. Authorization meet June 26 through June 27, 2017.
As a result of these determinations, DATES: Several Council members and
Unmitigable Adverse Impact Analysis
and Determination NMFS has issued an IHA to Chevron for Council staff will be meeting with
the harassment of small numbers of community members and organizations
There are no relevant subsistence uses harbor seals and California sea lions on Monday, June 26 and Tuesday, June
of the affected marine mammal stocks or incidental to the Richmond Refinery 27, 2017.
species implicated by this action. Long Wharf Maintenance and Efficiency ADDRESSES: Meetings will be held in the
Therefore, NMFS has determined that Project in San Francisco Bay, California
the total taking of affected species or Community Center on St. Paul Island,
effective for one year beginning January AK.
stocks would not have an unmitigable 1, 2018, provided the previously
adverse impact on the availability of Council address: North Pacific
mentioned mitigation, monitoring and Fishery Management Council, 605 W.
such species or stocks for taking for reporting requirements are incorporated.
subsistence purposes. 4th Ave., Suite 306, Anchorage, AK
Dated: June 9, 2017. 99501–2252; telephone: (907) 271–2809.
Endangered Species Act (ESA) Donna S. Wieting, FOR FURTHER INFORMATION CONTACT:
Issuance of an MMPA authorization Director, Office of Protected Resources, Steve MacLean, Council staff;
requires compliance with the ESA. No National Marine Fisheries Service. telephone: (907) 271–2809.
incidental take of ESA-listed species is [FR Doc. 2017–12295 Filed 6–13–17; 8:45 am] SUPPLEMENTARY INFORMATION:
authorized or expected to result from BILLING CODE 3510–22–P
this activity. Therefore, NMFS has Agenda
determined that consultation under Monday, June 26, 2017 Through
section 7 of the ESA is not required for DEPARTMENT OF COMMERCE Tuesday, June 27, 2017
this action.
National Oceanic and Atmospheric Public outreach meetings with St.
National Environmental Policy Act Paul community members and
Administration
(NEPA) organizations will be held. Issues for
Issuance of an MMPA authorization RIN 0648–XF436
discussion will include the local halibut
requires compliance with NEPA. NMFS fishery and halibut bycatch, the Bering
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has established categorical exclusion North Pacific Fishery Management Sea Crab fishery, conservation of
(CE) status under NEPA for this action. Council; Public Meeting Northern Fur Seals, and other pertinent
As such, we have determined the fishery management issues. All
issuance of the IHA is consistent with AGENCY: National Marine Fisheries meetings are open to the public. The
categories of activities identified in CE Service (NMFS), National Oceanic and Agenda is subject to change, and the
B4 of the Companion Manual for NAO Atmospheric Administration (NOAA), latest version will be posted at http://
216–6A and we have not identified any Commerce. www.npfmc.org/.

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Document Created: 2017-06-14 01:23:44
Document Modified: 2017-06-14 01:23:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; issuance of an incidental harassment authorization.
Dates		The Authorization is in effect for one year beginning January 1, 2018 through December 31, 2018.
Contact		Robert Pauline, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		82 FR 27240
RIN Number		0648-XF24

82 FR 27240 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration