82_FR_29610 82 FR 29486 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Central Bay Operations and Maintenance Facility Project

82 FR 29486 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Central Bay Operations and Maintenance Facility Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29486-29511
FR Document2017-13580

NMFS has received a request from the San Francisco Bay Area Water Emergency Transportation Authority (WETA) for authorization to take marine mammals incidental to construction activities as part of its Central Bay Operations and Maintenance Facility project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting public comment on its proposal to issue an incidental harassment authorization (IHA) to WETA to incidentally take marine mammals, by Level A and Level B harassment only, during the specified activity. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29486-29511]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13580]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF457


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Central Bay Operations and 
Maintenance Facility Project

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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

SUMMARY: NMFS has received a request from the San Francisco Bay Area 
Water Emergency Transportation Authority (WETA) for authorization to 
take marine mammals incidental to construction activities as part of 
its Central Bay Operations and Maintenance Facility project. Pursuant 
to the Marine Mammal Protection Act (MMPA), NMFS is requesting public 
comment on its proposal to issue an incidental harassment authorization 
(IHA) to WETA to incidentally take marine mammals, by Level A and Level 
B harassment only, during the specified activity. NMFS will consider 
public comments prior to making any final decision on the issuance of 
the requested MMPA authorizations and agency responses will be 
summarized in the final notice of our decision.

DATES: Comments and information must be received no later than July 31, 
2017.

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

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an 
incidental harassment authorization) with respect to environmental 
consequences on the human environment.
    This action is consistent with categories of activities identified 
in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A, 
which do not individually or cumulatively have the potential for 
significant impacts on the quality of the human environment and for 
which we have not identified any extraordinary circumstances that would 
preclude this categorical

[[Page 29487]]

exclusion. Accordingly, NMFS has preliminarily determined that the 
issuance of the proposed IHA qualifies to be categorically excluded 
from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA request.

Summary of Request

    On May 3, 2017, NMFS received a request from WETA for an IHA to 
take marine mammals incidental to pile driving and removal in 
association with the Central Bay Operations and Maintenance Facility 
Project (Project) in Alameda, California. WETA's request is for take of 
seven species by Level A and Level B harassment. Neither WETA nor NMFS 
expect mortality to result from this activity and, therefore, an IHA is 
appropriate.
    This is the second year of a 2-year project. In-water work 
associated with the second year of construction is expected to be 
completed within 22 days. This proposed IHA is for the second phase of 
construction activities (August 1, 2017 through November 30, 2017). 
WETA received authorization for take of marine mammals incidental to 
these same activities for the first phase of construction in 2016 (80 
FR 10060; February 25, 2015). In addition, similar construction and 
pile driving activities in San Francisco Bay have been authorized by 
NMFS in the past. These projects include construction activities at the 
San Francisco Ferry Terminal (81 FR 43993, July 6, 2016); Exploratorium 
(75 FR 66065, October 27, 2010); Pier 36 (77 FR 20361, April 4, 2012); 
and the San Francisco-Oakland Bay Bridge (71 FR 26750, May 8, 2006; 72 
FR 25748, August 9, 2007; 74 FR 41684, August 18, 2009; 76 FR 7156, 
February 9, 2011; 78 FR 2371, January 11, 2013; 79 FR 2421, January 14, 
2014; and 80 FR 43710, July 23, 2015). This IHA would be valid from 
August 1, 2017, through July 31, 2018.

Description of the Specified Activity

Overview

    WETA is constructing a Central Bay Operations and Maintenance 
Facility to serve as the central San Francisco Bay base for WETA's 
ferry fleet, Operations Control Center (OCC), and Emergency Operations 
Center (EOC). The Project will provide maintenance services such as 
fueling, engine oil changes, concession supply, and light repair work 
for WETA ferry boats operating in the central San Francisco Bay. In 
addition, the project will be the location for operational activities 
of WETA, including day-to-day management and oversight of services, 
crew, and facilities. In the event of a regional disaster, the facility 
will also function as an EOC, serving passengers and sustaining water 
transit service for emergency response and recovery.
    The first year of the Project included construction to the landside 
facility, marine facility, berthing floats, gangway, fueling facility, 
utilities, stormwater drainage, and site access. Construction occurred 
over 4 months in 2016 and included seawall construction and floating 
marina pile removal.

Dates and Duration

    The total project is expected to require a maximum of 22 days of 
in-water pile driving. In-water activities are limited to occurring 
between August 1 and November 30 of any year to minimize impacts to 
special-status and commercially important fish species, as established 
in WETA's Long-Term Management Strategy. This proposed authorization 
would be effective from August 1, 2017 through July 31, 2018.

Specific Geographic Region

    The Central Bay operations and maintenance facility is located at 
Alameda Point in San Francisco Bay, Alameda, CA (see Figure 1 of WETA's 
application). The project site is bounded on the east by the Bay Trail 
and an undeveloped park; and on the north by a paved open area and West 
Hornet Avenue (presently not a public right-of-way), which is defined 
by curbs and pavement stripes. Pier 3 lies to the west of the site, 
along with the USS Hornet, a functioning museum and designated national 
historic landmark. The United States Department of Transportation 
Maritime Administration leases the property west and north of the site, 
including a landside building and several piers from the City of 
Alameda. A concrete seawall delineates the southern edge of the 
landside portion; the seawall is tilted and cracked, and riprap and 
broken concrete span the area between the seawall and the water. 
Ambient sound levels are not available near Alameda Point; however, in 
this industrial area, ambient sound levels may exceed 120 dB RMS as a 
result of the nearly continuous noise from recreational and commercial 
boat traffic.

Detailed Description of Activities

    The second phase of the project includes construction of berthing 
slips and a system of platforms and access ramps. In 2017, the project 
activities will include both the removal and installation of steel 
piles as summarized in Table 1. Demolition and construction could be 
completed within 22 days. Structural piles in the water will be driven 
in place by a diesel impact hammer or with a vibratory hammer. 
Vibratory driving is the preferred method and will be used unless a 
pile encounters harder substrate that requires the use of an impact 
hammer to complete installation. Vibratory driving would require 200 to 
320 seconds of driving per pile. For impact driving, each pile will 
require approximately 450 to 600 hammer strikes to put each pile in 
place. It is estimated that two to three piles will be driven per day 
during in-water pile-driving operations. Temporary template piles will 
be installed to guide pile installation. These template piles will 
consist of steel H-piles and would be installed and extracted using 
vibratory methods.
    A total of 29 steel pipe piles, ranging from 24 inches to 42 inches 
in diameter, will be driven in 2017; 20 (14-inch) H-piles will 
temporarily be installed and then removed in 2017 (Table 1).

                      Table 1--Summary of Pile Removal and Installation for 2017 Activities
----------------------------------------------------------------------------------------------------------------
                                                                                                Total number of
         Project element             Pile diameter         Pile type            Method            piles/days
----------------------------------------------------------------------------------------------------------------
Float Guide Pile Installation...  42 inches.........  Steel Pipe........  Impact Driver, 600  15 piles/8 days (2
                                                                           blows/pile OR       piles per day).
                                                                           Vibratory Driver,
                                                                           320 seconds/pile.
Donut Pile Installation.........  36 inches.........  Steel Pipe........  Impact Driver, 600  6 piles/3 days (2
                                                                           blows/pile OR       piles per day).
                                                                           Vibratory Driver,
                                                                           300 seconds/pile.
Dolphin Pile Installation.......  24 inches.........  Steel Pipe........  Impact Driver, 450  8 piles/3 days (3
                                                                           blows/pile OR       piles per day).
                                                                           Vibratory Driver,
                                                                           205 seconds/pile.
Template Pile Installation and    14 inches.........  Steel H[dash]piles  Vibratory Driver,   20 piles/days (5
 Extraction.                                                               120 seconds/pile.   piles per day,
                                                                                               installation and
                                                                                               extraction).
----------------------------------------------------------------------------------------------------------------


[[Page 29488]]

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

Description of Marine Mammals in the Area of the Specified Activity

    There are seven marine mammal species that may inhabit or may 
likely transit through the waters nearby the project area, and are 
expected to potentially be taken by the specified activity. These 
include the Pacific harbor seal (Phoca vitulina), California sea lion 
(Zalophus californianus), northern elephant seal (Mirounga 
angustirostris), northern fur seal (Callorhinus ursinus), harbor 
porpoise (Phocoena phocoena), gray whale (Eschrichtius robustus), and 
bottlenose dolphin (Tursiops truncatus). Multiple additional marine 
mammal species may occasionally enter the activity area in San 
Francisco Bay but would not be expected to occur in shallow nearshore 
waters of the action area. Guadalupe fur seals (Arctocephalus philippii 
townsendi) generally do not occur in San Francisco Bay, however, there 
have been recent sightings of this species due to an El Ni[ntilde]o 
event. Only single individuals of this species have occasionally been 
sighted inside San Francisco Bay, and their presence near the action 
area is considered unlikely. No takes are requested for this species, 
and a shutdown zone will be in effect for this species if observed 
approaching the Level B harassment zone. Although it is possible that a 
humpback whale (Megaptera novaeangliae) may enter San Francisco Bay and 
find its way into the project area during construction activities, 
their occurrence is unlikely, since humpback whales very rarely enter 
the San Francisco Bay area. No takes are requested for this species, 
and a delay and shutdown procedure will be in effect for this species 
if observed approaching the Level B harassment zone.
    Sections 4 and 5 of WETA's application summarize available 
information regarding status and trends, distribution and habitat 
preferences, and behavior and life history, of the potentially affected 
species. Additional information regarding population trends and threats 
may be found in NMFS's Stock Assessment Reports (SAR; 
www.nmfs.noaa.gov/pr/sars/) and more general information about these 
species (e.g., physical and behavioral descriptions) may be found on 
NMFS's Web site (www.nmfs.noaa.gov/pr/species/mammals/).
    Table 2 lists all species with expected potential for occurrence in 
San Francisco Bay near Alameda Point and summarizes information related 
to the population or stock, including potential biological removal 
(PBR), where known. For taxonomy, we follow Committee on Taxonomy 
(2016). PBR is 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 (as described in NMFS's SARs). While no 
mortality is anticipated or authorized here, PBR and annual serious 
injury and mortality are included here as gross indicators of the 
status of the species and other threats.
    Species that could potentially occur in the proposed survey areas, 
but are not expected to have reasonable potential to be harassed by in-
water construction, are described briefly but omitted from further 
analysis. These include extralimital species, which are species that do 
not normally occur in a given area but for which there are one or more 
occurrence records that are considered beyond the normal range of the 
species (e.g. humpback whales and Guadalupe fur seal). For status of 
species, we provide information regarding U.S. regulatory status under 
the MMPA and ESA.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study area. NMFS's stock 
abundance estimates for most species represent the total estimate of 
individuals within the geographic area, if known, that comprises that 
stock. For some species, this geographic area may extend beyond U.S. 
waters. All managed stocks in this region are assessed in NMFS's draft 
U.S. Pacific SARs (e.g., NMFS 2016). All values presented in Table 2 
are the most recent available at the time of publication and are 
available in the draft 2016 SARs (NMFS 2016).

                                                          Table 2--Marine Mammals Potentially Present in the Vicinity of Alameda Point
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               ESA/MMPA status;
               Species                         Stock            Strategic (Y/N)        Stock abundance (CV, Nmin, most recent          PBR \3\       Relative occurrence in San Francisco Bay;
                                                                      \1\                      abundance survey) \2\                                           season of  occurrence
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocoenidae (porpoises):
    Harbor porpoise (Phocoena         San Francisco-Russian   -; N..............  9,886 (0.51; 6,625; 2011)......................              66  Common.
     phocoena).                        River.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae (dolphins):
    Bottlenose dolphin \4\ (Tursiops  California coastal....  -; N..............  453 (0.06; 346; 2011)..........................             2.4  Rare.
     truncatus).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Family Eschrichtiidae:
    Gray whale (Eschrichtius          Eastern N. Pacific....  -; N..............  20,990 (0.05; 20,125; 2011)....................             624  Rare.
     robustus).
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[[Page 29489]]

 
                                                              Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae:
    Humpback whale (Megaptera         California/Oregon/      T \5\; S..........  1,918 (0.05; 1,876; 2014)......................              11  Unlikely.
     novaeangliae).                    Washington stock.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Order Carnivora--Superfamily Pinnipedia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
 sea lions):
    California sea lion (Zalophus     U.S...................  -; N..............  296,750 (n/a; 153,337; 2011)...................           9,200  Common.
     californianus).
    Guadalupe fur seal \5\            Mexico to California..  T; S..............  20,000 (n/a; 15,830; 2010).....................              91  Unlikely.
     (Arctocephalus philippii
     townsendi).
    Northern fur seal (Callorhinus    California stock......  -; N..............  14,050 (n/a; 7,524; 2013)......................             451  Unlikely.
     ursinus).
    Family Phocidae (earless seals):
    Harbor seal (Phoca vitulina)....  California............  -; N..............  30,968 (n/a; 27,348; 2012).....................           1,641  Common; Year-round resident.
    Northern elephant seal (Mirounga  California breeding     -; N..............  179,000 (n/a; 81,368; 2010)....................           4,882  Rare.
     angustirostris).                  stock.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the
  MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA
  within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals
  and there is no associated CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated
  into the estimate.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that
  stock to reach or maintain its optimum sustainable population size (OSP).
\4\ Abundance estimates for these stocks are greater than eight years old and are, therefore, not considered current. PBR is considered undetermined for these stocks, as there is no current
  minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates and PBR values, as these represent the best available information for use in
  this document.
\5\ The humpback whales considered under the MMPA to be part of this stock could be from any of three different DPSs. In CA, it would be expected to primarily be whales from the Mexico DPS but
  could also be whales from the Central America DPS.

    Below, for those species that are likely to be taken by the 
activities described, we offer a brief introduction to the species and 
relevant stock. We also provide information regarding population trends 
and threats, and describe any information regarding local occurrence.

Harbor Seal

    The Pacific harbor seal is one of five subspecies of Phoca 
vitulina, or the common harbor seal. There are five species of harbor 
seal in the Pacific EEZ: (1) California stock; (2) Oregon/Washington 
coast stock; (3) Washington Northern inland waters stock; (4) Southern 
Puget Sound stock; and (5) Hood Canal stock. Only the California stock 
occurs in the action area and is analyzed in this document. The current 
abundance estimate for this stock is 30,968. This stock is not 
considered strategic or designated as depleted under the MMPA and is 
not listed under the ESA. PBR is 1,641 animals per year. The average 
annual rate of incidental commercial fishery mortality (30 animals) is 
less than 10 percent of the calculated PBR (1,641 animals); therefore, 
fishery mortality is considered insignificant (Carretta et al., 2016).
    Although generally solitary in the water, harbor seals congregate 
at haulouts to rest, socialize, breed, and molt. Habitats used as haul-
out sites include tidal rocks, bayflats, sandbars, and sandy beaches 
(Zeiner et al., 1990). Haul-out sites are relatively consistent from 
year-to-year (Kopec and Harvey 1995), and females have been recorded 
returning to their own natal haul-out when breeding (Cunningham et al., 
2009).
    Long-term monitoring studies have been conducted at the largest 
harbor seal colonies in Point Reyes National Seashore and Golden Gate 
National Recreation Area since 1976. Castro Rocks and other haulouts in 
San Francisco Bay are part of the regional survey area for this study 
and have been included in annual survey efforts. Between 2007 and 2012, 
the average number of adults observed ranged from 126 to 166 during the 
breeding season (March through May), and from 92 to 129 during the 
molting season (June through July) (Truchinski et al., 2008; Flynn et 
al., 2009; Codde et al., 2010; Codde et al., 2011; Codde et al., 2012; 
Codde and Allen 2015). Marine mammal monitoring at multiple locations 
inside San Francisco Bay was conducted by Caltrans from May 1998 to 
February 2002, and determined that at least 500 harbor seals populate 
San Francisco Bay (Green et al., 2002). This estimate is consistent 
with previous seal counts in the San Francisco Bay, which ranged from 
524 to 641 seals from 1987

[[Page 29490]]

to 1999 (Goals Project 2000). Although harbor seals haul-out at 
approximately 20 locations in San Francisco Bay, there are three 
locations that serve as primary locations: Mowry Slough in the south 
Bay, Corte Madera Marsh and Castro Rocks in the north Bay, and Yerba 
Buena Island in the central Bay (Grigg 2008; Gibble 2011). The main 
pupping areas in the San Francisco Bay are at Mowry Slough and Castro 
Rocks (Caltrans 2012). Pupping season for harbor seals in San Francisco 
Bay spans from approximately March 15 through May 31, with pup numbers 
generally peaking in late April or May (Carretta et al., 2016). Births 
of harbor seals have not been observed at Corte Madera Marsh and Yerba 
Buena Island, but a few pups have been seen at these sites.
    Harbor seals occasionally use the westernmost tip of Breakwater 
Island as a haul[hyphen]out site and forage in the Breakwater Gap area. 
The tip is approximately one mile west of the project site. Aerial 
surveys of seal haul[hyphen]outs conducted in 1995-97 and incidental 
counts made during summer tern foraging studies conducted in 1984-93 
usually counted fewer than 10 seals present at any one time. There is 
some evidence that more harbor seals have been using the westernmost 
tip of Breakwater Island in recent years, or that it is more important 
as a winter haul[hyphen]out. Seventy[hyphen]three seals were counted on 
Breakwater Island in January 1997, and 20 were observed 
hauled[hyphen]out on April 4, 1998. A small pup was observed during May 
1997; however, site characteristics are not ideal for the island to be 
a major pupping area (USFWS, 1998). Recent observations indicate that 
as many as 32 harbor seals irregularly haul out on Breakwater Island 
(Klein 2017).
    WETA constructed a floating haul-out platform to replace the 
deteriorating dock that hosted hauled out harbor seals since 2010, 
which was removed at the project site. This new platform is 
approximately 1,000 feet (305 meters (m)) southwest of the project site 
and was constructed in June 2016. Use of the platform by seals has 
increased steadily since its installation, with as many as 70 seals 
observed on the platform at once (Bay Nature 2017). Volunteer 
monitoring of harbor seal use of the haul-out platform has been 
conducted since its installation. The average number of animals hauled 
out from June 2016 to April 2017 is 15 seals. Monitoring during pile 
driving work in September 2016 found that approximately 0.5 harbor seal 
per day were observed within 130 meters of the point source. During 
dredging monitoring in November 2016, approximately 1.6 harbor seals 
per day were observed within 130 meters of the source (i.e., the dredge 
bucket). The increase in seal observations may be due to seasonal 
changes, or may be due to increased visitation of the platform as more 
seals became aware and familiar with the structure that was installed 
in June of 2016. Using the higher (November 2016) average, it is 
estimated that up to 18 harbor seals (1.6 seals per day on 11 
anticipated days of impact driving) may enter the 130 meter Level A 
zone during impact pile driving of the 42- and 36-in steel piles.
    The nearest harbor seal pupping location is Yerba Buena Island, 
approximately 4.5 miles from the project vicinity. Harbor seals use 
Yerba Buena Island year-round, with the largest numbers seen during 
winter months, when Pacific Herring spawn (Grigg 2008). During marine 
mammal monitoring for construction of the new Bay Bridge, harbor seal 
counts at Yerba Buena Island ranged from zero to a maximum of 188 
individuals (Caltrans 2012). Higher numbers also occur during molting 
and breeding seasons. Foraging areas in the vicinity are concentrated 
between Yerba Buena Island and Treasure Island, and an area southeast 
of Yerba Buena Island (Caltrans 2015b).

California Sea Lion

    California sea lions range all along the western border of North 
America. The breeding areas of the California sea lion are on islands 
located in southern California, western Baja California, and the Gulf 
of California (Allen and Angliss 2015). Although California sea lions 
forage and conduct many activities in the water, they also use haul-
outs. California sea lions breed in Southern California and along the 
Channel Islands during the spring. The current population estimate for 
California sea lions is 296,750 animals. This species is not considered 
strategic under the MMPA, and is not designated as depleted. This 
species is also not listed under the ESA. PBR is 9,200 (Carretta et 
al., 2016). Interactions with fisheries, boat collisions, human 
interactions, and entanglement are the main threats to this species 
(Carretta et al., 2016).
    El Ni[ntilde]o affects California sea lion populations, with 
increased observations and strandings of this species in the area. 
Current observations of this species in CA have increased significantly 
over the past few years. Additionally, as a result of the large numbers 
of sea lion strandings in 2013, NOAA declared an unusual mortality 
event (UME). Although the exact causes of this UME are unknown, two 
hypotheses meriting further study include nutritional stress of pups 
resulting from a lack of forage fish available to lactating mothers and 
unknown disease agents during that time period.
    In San Francisco Bay, sea lions haul out primarily on floating K 
docks at Pier 39 in the Fisherman's Wharf area of the San Francisco 
Marina. The Pier 39 haul out is approximately 6.5 miles from the 
project vicinity. The Marine Mammal Center (TMMC) in Sausalito, 
California has performed monitoring surveys at this location since 
1991. A maximum of 1,706 sea lions was seen hauled out during one 
survey effort in 2009 (TMMC 2015). Winter numbers are generally over 
500 animals (Goals Project 2000). In August to September, counts 
average from 350 to 850 (NMFS 2004). Of the California sea lions 
observed, approximately 85 percent were male. No pupping activity has 
been observed at this site or at other locations in the San Francisco 
Bay (Caltrans 2012). The California sea lions usually frequent Pier 39 
in August after returning from the Channel Islands (Caltrans 2013). In 
addition to the Pier 39 haul-out, California sea lions haul out on 
buoys and similar structures throughout San Francisco Bay. They mainly 
are seen swimming off the San Francisco and Marin shorelines within San 
Francisco Bay, but may occasionally enter the project area to forage.
    California sea lions have not been documented using the Alameda 
breakwater or haul-out platform, though it is anticipated that they may 
occasionally use the structures in Alameda Harbor that are known to be 
used by harbor seals.
    Although there is little information regarding the foraging 
behavior of the California sea lion in the San Francisco Bay, they have 
been observed foraging on a regular basis in the shipping channel south 
of Yerba Buena Island. Foraging grounds have also been identified for 
pinnipeds, including sea lions, between Yerba Buena Island and Treasure 
Island, as well as off the Tiburon Peninsula (Caltrans 2001).

Northern Elephant Seal

    Northern elephant seals breed and give birth in California (U.S.) 
and Baja California (Mexico), primarily on offshore islands (Stewart et 
al., 1994), from December to March (Stewart and Huber 1993). Although 
movement and genetic exchange continues between rookeries, most 
elephant seals return to natal rookeries when they start breeding 
(Huber et al., 1991). The California breeding population is now 
demographically isolated from the Baja

[[Page 29491]]

California population, and is the only stock to occur near the action 
area. The current abundance estimate for this stock is 179,000 animals, 
with PBR at 4,882 animals (Carretta et al., 2016). The population is 
reported to have grown at 3.8 percent annually since 1988 (Lowry et 
al., 2014). Fishery interactions and marine debris entanglement are the 
biggest threats to this species (Carretta et al., 2016). Northern 
elephant seals are not listed under the Endangered Species Act, nor are 
they designated as depleted, or considered strategic under the MMPA.
    Northern elephant seals are common on California coastal mainland 
and island sites where they pup, breed, rest, and molt. The largest 
rookeries are on San Nicolas and San Miguel islands in the Northern 
Channel Islands. In the vicinity of San Francisco Bay, elephant seals 
breed, molt, and haul out at A[ntilde]o Nuevo Island, the Farallon 
Islands, and Point Reyes National Seashore (Lowry et al., 2014). Adults 
reside in offshore pelagic waters when not breeding or molting. 
Northern elephant seals haul out to give birth and breed from December 
through March, and pups remain onshore or in adjacent shallow water 
through May, when they may occasionally make brief stops in San 
Francisco Bay (Caltrans 2015b). The most recent sighting was in 2012 on 
the beach at Clipper Cove on Treasure Island, when a healthy yearling 
elephant seal hauled out for approximately one day. Approximately 100 
juvenile northern elephant seals strand in San Francisco Bay each year, 
including individual strandings at Yerba Buena Island and Treasure 
Island (fewer than 10 strandings per year) (Caltrans 2015b). When pups 
of the year return in the late summer and fall to haul out at rookery 
sites, they may also occasionally make brief stops in San Francisco 
Bay.

Northern Fur Seal

    Northern fur seals (Callorhinus ursinus) occur from southern 
California north to the Bering Sea and west to the Okhotsk Sea and 
Honshu Island, Japan. During the breeding season, approximately 74 
percent of the worldwide population is found on the Pribilof Islands in 
the southern Bering Sea, with the remaining animals spread throughout 
the North Pacific Ocean (Lander and Kajimura 1982). Of the seals in 
U.S. waters outside of the Pribilofs, approximately one percent of the 
population is found on Bogoslof Island in the southern Bering Sea, San 
Miguel Island off southern California (NMFS 2007), and the Farallon 
Islands off central California. Two separate stocks of northern fur 
seals are recognized within U.S. waters: an Eastern Pacific stock and a 
California stock (including San Miguel Island and the Farallon 
Islands). Only the California breeding stock is considered here since 
it is the only stock to occur near the action area. The current 
abundance estimate for this stock is 14,050 and PBR is set at 451 
animals (Carretta et al., 2015). This stock has grown exponentially 
during the past several years. Interaction with fisheries remains the 
top threat to this species (Carretta et al., 2015). This stock is not 
considered depleted or classified as strategic under the MMPA, and is 
not listed under the ESA.

Harbor Porpoise

    In the Pacific, harbor porpoise are found in coastal and inland 
waters from Point Conception, California to Alaska and across to 
Kamchatka and Japan (Gaskin 1984). Harbor porpoise appear to have more 
restricted movements along the western coast of the continental U.S. 
than along the eastern coast. Regional differences in pollutant 
residues in harbor porpoise indicate that they do not move extensively 
between California, Oregon, and Washington (Calambokidis and Barlow 
1991). That study also showed some regional differences within 
California (Allen and Angliss 2014). Of the 10 stocks of Pacific harbor 
porpoise, only the San Francisco-Russian River stock is considered here 
since it is the only stock to occur near the action area. This current 
abundance estimate for this stock is 9,886 animals, with a PBR of 66 
animals (Carretta et al., 2015). Current population trends are not 
available for this stock. The main threats to this stock include 
fishery interactions. This stock is not designated as strategic or 
considered depleted under the MMPA, and is not listed under the ESA.
    In recent years, however, there have been increasingly common 
observations of harbor porpoises in central, north, and south San 
Francisco Bay. According to observations by the Golden Gate Cetacean 
Research team as part of their multi-year assessment, more than 100 
porpoises may be seen at one time entering San Francisco Bay; and more 
than 600 individual animals are documented in a photo-ID database. 
Porpoise activity inside San Francisco Bay is thought to be related to 
foraging and mating behaviors (Keener 2011; Duffy 2015). Sightings are 
concentrated in the vicinity of the Golden Gate Bridge and Angel 
Island, with lesser numbers sighted south of Alcatraz and west of 
Treasure Island (Keener 2011) and near the project area.

Gray Whale

    Once common throughout the Northern Hemisphere, the gray whale was 
extinct in the Atlantic by the early 1700s. Gray whales are now only 
commonly found in the North Pacific. Genetic comparisons indicate there 
are distinct ``Eastern North Pacific'' (ENP) and ``Western North 
Pacific'' (WNP) population stocks, with differentiation in both 
mitochondrial DNA (mtDNA) haplotype and microsatellite allele 
frequencies (LeDuc et al., 2002; Lang et al., 2011a; Weller et al., 
2013). Only the ENP stock occurs in the action area and is considered 
in this document. The current population estimate for this stock is 
20,990 animals, with PBR at 624 animals (Carretta et al., 2015). The 
population size of the ENP gray whale stock has increased over several 
decades despite an UME in 1999 and 2000 and has been relatively stable 
since the mid-1990s. Interactions with fisheries, ship strikes, 
entanglement in marine debris, and habitat degradation are the main 
concerns for the gray whale population (Carretta et al., 2015). This 
stock is not listed under the ESA, and is not considered a strategic 
stock or designated as depleted under the MMPA.
    Marine Mammal Monitors (MMO) with the Caltrans Richmond-San Rafael 
Bridge project recorded 12 living and two dead gray whales in the 
surveys performed in 2012. All sightings were in either the central or 
north Bay; and all but two sightings occurred during the months of 
April and May. One gray whale was sighted in June, and one in October 
(the specific years were unreported). The Oceanic Society has tracked 
gray whale sightings since they began returning to San Francisco Bay 
regularly in the late 1990s. The Oceanic Society data show that all age 
classes of gray whales are entering San Francisco Bay, and that they 
enter as singles or in groups of as many as five individuals. However, 
the data do not distinguish between sightings of gray whales and number 
of individual whales (Winning, 2008). It is estimated that two to six 
gray whales enter San Francisco Bay in any given year.

Bottlenose Dolphin

    Bottlenose dolphins are distributed worldwide in tropical and warm-
temperate waters. In many regions, including California, separate 
coastal and offshore populations are known (Walker 1981; Ross and 
Cockcroft 1990; Van Waerebeek et al., 1990). The California coastal 
stock is distinct from the offshore stock based on significant 
differences in cranial morphology and

[[Page 29492]]

genetics, where the two stocks only share one of 56 haplotypes 
(Carretta et al., 2016). California coastal bottlenose dolphins are 
found within about one kilometer of shore (Hansen 1990; Carretta et 
al., 1998; Defran and Weller 1999) from central California south into 
Mexican waters, at least as far south as San Quintin, Mexico, and the 
area between Ensenada and San Quintin, Mexico may represent a southern 
boundary for the California coastal population (Carretta et al., 2016). 
Oceanographic events appear to influence the distribution of animals 
along the coasts of California and Baja California, Mexico, as 
indicated by El Ni[ntilde]o events. There are seven stocks of 
bottlenose dolphins in the Pacific; however, only the California 
coastal stock may occur in the action area, and is analyzed in this 
proposed IHA. The current stock abundance estimate for the California 
coastal stock is 453 animals, with PBR at 3.3 animals (Carretta et al., 
2016). Pollutant levels in California are a threat to this species, and 
this stock may be vulnerable to disease outbreaks, particularly 
morbillivirus (Carretta et al., 2008). This stock is not listed under 
the ESA, and is not considered strategic or designated as depleted 
under the MMPA.
    Since the 1982-83 El Ni[ntilde]o, which increased water 
temperatures off California, bottlenose dolphins have been consistently 
sighted along the central California coast (NMFS 2008). The northern 
limit of their regular range is currently the Pacific coast off San 
Francisco and Marin County, and they occasionally enter San Francisco 
Bay, sometimes foraging for fish in Fort Point Cove, just east of the 
Golden Gate Bridge, but are most often seen just within the Golden Gate 
when they are present (GGCR, 2016).
    In the summer of 2015, a lone bottlenose dolphin was seen swimming 
in the Oyster Point area of South San Francisco (GGCR 2016) and west of 
Breakwater Island near a navigational buoy (Perlman 2017). It is 
believed that this is the same individual that regularly frequents the 
area (Perlman 2017). Such behavior may be considered abnormal as 
bottlenose dolphins almost always live in social groups.
    Members of the California Coastal Stock are transient and make 
movements up and down the coast, and into some estuaries, throughout 
the year. This stock is highly transitory in nature, and is generally 
not expected to spend extended periods of time in San Francisco Bay. 
Incidental take of this species is being requested in the rare event 
they are present in San Francisco Bay during pile driving.

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

    This section includes a summary and discussion of the ways that 
components of the specified activity (e.g., sound produced by pile 
driving and removal) may impact marine mammals and their habitat. The 
Estimated Take by Incidental Harassment section later in this document 
will include a quantitative analysis of the number of individuals that 
are expected to be taken by this activity. The Negligible Impact 
Analysis section will consider the content of this section, the 
Estimated Take by Incidental Harassment section and the Proposed 
Mitigation section, to draw conclusions regarding the likely impacts of 
these activities on the reproductive success or survivorship of 
individuals and how those impacts on individuals are likely to impact 
marine mammal species or stocks.

Description of Sound Sources

    Sound travels in waves, the basic components of which are 
frequency, wavelength, velocity, and amplitude. Frequency is the number 
of pressure waves that pass by a reference point per unit of time and 
is measured in hertz (Hz) or cycles per second. Wavelength is the 
distance between two peaks of a sound wave; lower frequency sounds have 
longer wavelengths than higher frequency sounds. Amplitude is the 
height of the sound pressure wave or the `loudness' of a sound and is 
typically measured using the decibel (dB) scale. A dB is the ratio 
between a measured pressure (with sound) and a reference pressure 
(sound at a constant pressure, established by scientific standards). It 
is a logarithmic unit that accounts for large variations in amplitude; 
therefore, relatively small changes in dB ratings correspond to large 
changes in sound pressure. When referring to sound pressure levels 
(SPLs; the sound force per unit area), sound is referenced in the 
context of underwater sound pressure to 1 microPascal ([mu]Pa). One 
pascal is the pressure resulting from a force of one newton exerted 
over an area of one square meter. The source level (SL) represents the 
sound level at a distance of 1 m from the source (referenced to 1 
[mu]Pa). The received level is the sound level at the listener's 
position. Note that all underwater sound levels in this document are 
referenced to a pressure of 1 [mu]Pa and all airborne sound levels in 
this document are referenced to a pressure of 20 [mu]Pa.
    Root mean square (rms) is the quadratic mean sound pressure over 
the duration of an impulse. Rms is calculated by squaring all of the 
sound amplitudes, averaging the squares, and then taking the square 
root of the average (Urick 1983). Rms accounts for both positive and 
negative values; squaring the pressures makes all values positive so 
that they may be accounted for in the summation of pressure levels 
(Hastings and Popper 2005). This measurement is often used in the 
context of discussing behavioral effects, in part because behavioral 
effects, which often result from auditory cues, may be better expressed 
through averaged units than by peak pressures.
    When underwater objects vibrate or activity occurs, sound-pressure 
waves are created. These waves alternately compress and decompress the 
water as the sound wave travels. Underwater sound waves radiate in all 
directions away from the source (similar to ripples on the surface of a 
pond), except in cases where the source is directional. The 
compressions and decompressions associated with sound waves are 
detected as changes in pressure by aquatic life and man-made sound 
receptors such as hydrophones.
    Even in the absence of sound from the specified activity, the 
underwater environment is typically loud due to ambient sound. Ambient 
sound is defined as environmental background sound levels lacking a 
single source or point (Richardson et al., 1995), and the sound level 
of a region is defined by the total acoustical energy being generated 
by known and unknown sources. These sources may include physical (e.g., 
waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds 
produced by marine mammals, fish, and invertebrates), and anthropogenic 
sound (e.g., vessels, dredging, aircraft, construction). A number of 
sources contribute to ambient sound, including the following 
(Richardson et al., 1995):
     Wind and waves: The complex interactions between wind and 
water surface, including processes such as breaking waves and wave-
induced bubble oscillations and cavitation, are a main source of 
naturally occurring ambient noise for frequencies between 200 Hz and 50 
kHz (Mitson 1995). In general, ambient sound levels tend to increase 
with increasing wind speed and wave height. Surf noise becomes 
important near shore, with measurements collected at a distance of 8.5 
km from shore showing an increase of 10 dB in the 100 to 700 Hz band 
during heavy surf conditions.
     Precipitation: Sound from rain and hail impacting the 
water surface can become an important component of total noise at 
frequencies above 500 Hz, and

[[Page 29493]]

possibly down to 100 Hz during quiet times.
     Biological: Marine mammals can contribute significantly to 
ambient noise levels, as can some fish and shrimp. The frequency band 
for biological contributions is from approximately 12 Hz to over 100 
kHz.
     Anthropogenic: Sources of ambient noise related to human 
activity include transportation (surface vessels and aircraft), 
dredging and construction, oil and gas drilling and production, seismic 
surveys, sonar, explosions, and ocean acoustic studies. Shipping noise 
typically dominates the total ambient noise for frequencies between 20 
and 300 Hz. In general, the frequencies of anthropogenic sounds are 
below 1 kHz and, if higher frequency sound levels are created, they 
attenuate rapidly (Richardson et al., 1995). Sound from identifiable 
anthropogenic sources other than the activity of interest (e.g., a 
passing vessel) is sometimes termed background sound, as opposed to 
ambient sound.
    The sum of the various natural and anthropogenic sound sources at 
any given location and time--which comprise ``ambient'' or 
``background'' sound--depends not only on the source levels (as 
determined by current weather conditions and levels of biological and 
shipping activity) but also on the ability of sound to propagate 
through the environment. In turn, sound propagation is dependent on the 
spatially and temporally varying properties of the water column and sea 
floor, and is frequency-dependent. As a result of the dependence on a 
large number of varying factors, ambient sound levels can be expected 
to vary widely over both coarse and fine spatial and temporal scales. 
Sound levels at a given frequency and location can vary by 10-20 dB 
from day to day (Richardson et al., 1995). The result is that, 
depending on the source type and its intensity, sound from the 
specified activity may be a negligible addition to the local 
environment or could form a distinctive signal that may affect marine 
mammals.
    The underwater acoustic environment near Alameda Point is likely to 
be dominated by noise from day-to-day port and vessel activities. This 
is a highly industrialized area with high-use from small- to medium-
sized vessels, and larger vessels that use the nearby major shipping 
channel.
    In-water construction activities associated with the project would 
include impact pile driving and vibratory pile driving and removal. The 
sounds produced by these activities fall into one of two general sound 
types: Pulsed and non-pulsed (defined in the following). The 
distinction between these two sound types is important because they 
have differing potential to cause physical effects, particularly with 
regard to hearing (e.g., Ward, 1997 in Southall et al., 2007). Please 
see Southall et al., (2007) for an in-depth discussion of these 
concepts.
    Pulsed sound sources (e.g., explosions, gunshots, sonic booms, 
impact pile driving) produce signals that are brief (typically 
considered to be less than one second), broadband, atonal transients 
(ANSI 1986; Harris 1998; NIOSH 1998; ISO 2003; ANSI 2005) and occur 
either as isolated events or repeated in some succession. Pulsed sounds 
are all characterized by a relatively rapid rise from ambient pressure 
to a maximal pressure value followed by a rapid decay period that may 
include a period of diminishing, oscillating maximal and minimal 
pressures, and generally have an increased capacity to induce physical 
injury as compared with sounds that lack these features.
    Non-pulsed sounds can be tonal, narrowband, or broadband, brief or 
prolonged, and may be either continuous or non-continuous (ANSI 1995; 
NIOSH 1998). Some of these non-pulsed sounds can be transient signals 
of short duration but without the essential properties of pulses (e.g., 
rapid rise time). Examples of non-pulsed sounds include those produced 
by vessels, aircraft, machinery operations such as drilling or 
dredging, vibratory pile driving, and active sonar systems (such as 
those used by the U.S. Navy). The duration of such sounds, as received 
at a distance, can be greatly extended in a highly reverberant 
environment.
    Impact hammers operate by repeatedly dropping a heavy piston onto a 
pile to drive the pile into the substrate. Sound generated by impact 
hammers is characterized by rapid rise times and high peak levels, a 
potentially injurious combination (Hastings and Popper 2005). Vibratory 
hammers install piles by vibrating them and allowing the weight of the 
hammer to push them into the sediment. Vibratory hammers produce 
significantly less sound than impact hammers. Peak SPLs may be 180 dB 
or greater, but are generally 10 to 20 dB lower than SPLs generated 
during impact pile driving of the same-sized pile (Oestman et al., 
2009). Rise time is slower, reducing the probability and severity of 
injury, and sound energy is distributed over a greater amount of time 
(Nedwell and Edwards 2002; Carlson et al., 2005).

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals, 
and exposure to sound can have deleterious effects. To appropriately 
assess these potential effects, it is necessary to understand the 
frequency ranges marine mammals are able to hear. Current data indicate 
that not all marine mammal species have equal hearing capabilities 
(e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; Au and 
Hastings, 2008). To reflect this, Southall et al. (2007) recommended 
that marine mammals be divided into functional hearing groups based on 
measured or estimated hearing ranges on the basis of available 
behavioral data, audiograms derived using auditory evoked potential 
techniques, anatomical modeling, and other data. The lower and/or upper 
frequencies for some of these functional hearing groups have been 
modified from those designated by Southall et al. (2007). The marine 
mammal hearing groups and the associated frequencies are indicated 
below in Table 3 (note that these frequency ranges do not necessarily 
correspond to the range of best hearing, which varies by species).

   Table 3--Marine Mammal Hearing Groups and Their Generalized Hearing
                                  Range
------------------------------------------------------------------------
             Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen     7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans (dolphins,  150 Hz to 160 kHz.
 toothed whales, beaked whales,
 bottlenose whales).
High-frequency (HF) cetaceans (true      275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 cephalorhynchid, Lagenorhynchus
 cruciger and L. australis).
Phocid pinnipeds (PW) (underwater)       50 Hz to 86 kHz.
 (true seals).

[[Page 29494]]

 
Otariid pinnipeds (OW) (underwater)      60 Hz to 39 kHz.
 (sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al., 2007) and PW pinniped (approximation).

    As mentioned previously in this document, seven marine mammal 
species (three cetaceans and four pinnipeds) may occur in the project 
area. Of these three cetaceans, one is classified as a low-frequency 
cetacean (i.e., gray whale), one is classified as a mid-frequency 
cetacean (i.e., bottlenose dolphin), and one is classified as a high-
frequency cetaceans (i.e., harbor porpoise) (Southall et al., 2007). 
Additionally, harbor seals, Northern fur seals, and Northern elephant 
seals are classified as members of the phocid pinnipeds in water 
functional hearing group while California sea lions are grouped under 
the Otariid pinnipeds in water functional hearing group. A species' 
functional hearing group is a consideration when we analyze the effects 
of exposure to sound on marine mammals.

Acoustic Impacts

    Please refer to the information given previously (Description of 
Sound Sources) regarding sound, characteristics of sound types, and 
metrics used in this document. Anthropogenic sounds cover a broad range 
of frequencies and sound levels and can have a range of highly variable 
impacts on marine life, from none or minor to potentially severe 
responses, depending on received levels, duration of exposure, 
behavioral context, and various other factors. The potential effects of 
underwater sound from active acoustic sources can potentially result in 
one or more of the following; temporary or permanent hearing 
impairment, non-auditory physical or physiological effects, behavioral 
disturbance, stress, and masking (Richardson et al., 1995; Gordon et 
al., 2004; Nowacek et al., 2007; Southall et al., 2007; Gotz et al., 
2009). The degree of effect is intrinsically related to the signal 
characteristics, received level, distance from the source, and duration 
of the sound exposure. In general, sudden, high level sounds can cause 
hearing loss, as can longer exposures to lower level sounds. Temporary 
or permanent loss of hearing will occur almost exclusively for noise 
within an animal's hearing range. We first describe specific 
manifestations of acoustic effects before providing discussion specific 
to WETA's construction activities.
    Richardson et al., (1995) described zones of increasing intensity 
of effect that might be expected to occur, in relation to distance from 
a source and assuming that the signal is within an animal's hearing 
range. First is the area within which the acoustic signal would be 
audible (potentially perceived) to the animal, but not strong enough to 
elicit any overt behavioral or physiological response. The next zone 
corresponds with the area where the signal is audible to the animal and 
of sufficient intensity to elicit behavioral or physiological 
responsiveness. Third is a zone within which, for signals of high 
intensity, the received level is sufficient to potentially cause 
discomfort or tissue damage to auditory or other systems. Overlaying 
these zones to a certain extent is the area within which masking (i.e., 
when a sound interferes with or masks the ability of an animal to 
detect a signal of interest that is above the absolute hearing 
threshold) may occur; the masking zone may be highly variable in size.
    We describe the more severe effects (i.e., permanent hearing 
impairment, certain non-auditory physical or physiological effects) 
only briefly as we do not expect that there is a reasonable likelihood 
that WETA's activities may result in such effects (see below for 
further discussion). Marine mammals exposed to high-intensity sound, or 
to lower-intensity sound for prolonged periods, can experience hearing 
threshold shift (TS), which is the loss of hearing sensitivity at 
certain frequency ranges (Kastak et al., 1999; Schlundt et al., 2000; 
Finneran et al., 2002, 2005b). TS can be permanent (PTS), in which case 
the loss of hearing sensitivity is not fully recoverable, or temporary 
(TTS), in which case the animal's hearing threshold would recover over 
time (Southall et al., 2007). Repeated sound exposure that leads to TTS 
could cause PTS. In severe cases of PTS, there can be total or partial 
deafness, while in most cases the animal has an impaired ability to 
hear sounds in specific frequency ranges (Kryter 1985).
    When PTS occurs, there is physical damage to the sound receptors in 
the ear (i.e., tissue damage), whereas TTS represents primarily tissue 
fatigue and is reversible (Southall et al., 2007). In addition, other 
investigators have suggested that TTS is within the normal bounds of 
physiological variability and tolerance and does not represent physical 
injury (e.g., Ward 1997). Therefore, NMFS does not consider TTS to 
constitute auditory injury.
    Relationships between TTS and PTS thresholds have not been studied 
in marine mammals--PTS data exists only for a single harbor seal 
(Kastak et al., 2008)--but are assumed to be similar to those in humans 
and other terrestrial mammals. PTS typically occurs at exposure levels 
at least several dB above a 40-dB threshold shift approximates PTS 
onset; e.g., Kryter et al., 1966; Miller, 1974) that inducing mild TTS 
(a 6-dB threshold shift approximates TTS onset; e.g., Southall et al., 
2007). Based on data from terrestrial mammals, a precautionary 
assumption is that the PTS thresholds for impulse sounds (such as 
impact pile driving pulses as received close to the source) are at 
least 6 dB higher than the TTS threshold on a peak-pressure basis and 
PTS cumulative sound exposure level thresholds are 15 to 20 dB higher 
than TTS cumulative sound exposure level thresholds (Southall et al., 
2007). Given the higher level of sound or longer exposure duration 
necessary to cause PTS as compared with TTS, it is considerably less 
likely that PTS could occur.
    Non-auditory physiological effects or injuries that theoretically 
might occur in marine mammals exposed to high level underwater sound or 
as a secondary effect of extreme behavioral reactions (e.g., change in 
dive profile as a result of an avoidance reaction) caused by exposure 
to sound include neurological effects, bubble formation, resonance 
effects, and other types of organ or tissue damage (Cox et al., 2006; 
Southall et al., 2007; Zimmer and Tyack 2007). WETA's activities do not 
involve the use of devices such as explosives or mid-frequency active 
sonar that are associated with these types of effects.

[[Page 29495]]

    When a live or dead marine mammal swims or floats onto shore and is 
incapable of returning to sea, the event is termed a ``stranding'' (16 
U.S.C. 1421h(3)). Marine mammals are known to strand for a variety of 
reasons, such as infectious agents, biotoxicosis, starvation, fishery 
interaction, ship strike, unusual oceanographic or weather events, 
sound exposure, or combinations of these stressors sustained 
concurrently or in series (e.g., Geraci et al., 1999). However, the 
cause or causes of most strandings are unknown (e.g., Best 1982). 
Combinations of dissimilar stressors may combine to kill an animal or 
dramatically reduce its fitness, even though one exposure without the 
other would not be expected to produce the same outcome (e.g., Sih et 
al., 2004). For further description of stranding events see, e.g., 
Southall et al., 2006; Jepson et al., 2013; Wright et al., 2013.
    1. Temporary threshold shift--TTS is the mildest form of hearing 
impairment that can occur during exposure to sound (Kryter, 1985). 
While experiencing TTS, the hearing threshold rises, and a sound must 
be at a higher level in order to be heard. In terrestrial and marine 
mammals, TTS can last from minutes or hours to days (in cases of strong 
TTS). In many cases, hearing sensitivity recovers rapidly after 
exposure to the sound ends. Few data on sound levels and durations 
necessary to elicit mild TTS have been obtained for marine mammals.
    Marine mammal hearing plays a critical role in communication with 
conspecifics, and interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS, and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to 
serious. For example, a marine mammal may be able to readily compensate 
for a brief, relatively small amount of TTS in a non-critical frequency 
range that occurs during a time where ambient noise is lower and there 
are not as many competing sounds present. Alternatively, a larger 
amount and longer duration of TTS sustained during a time when 
communication is critical for successful mother/calf interactions could 
have more serious impacts.
    Currently, TTS data only exist for four species of cetaceans 
(bottlenose dolphin, beluga whale (Delphinapterus leucas), harbor 
porpoise, and Yangtze finless porpoise (Neophocoena asiaeorientalis) 
and three species of pinnipeds (northern elephant seal, harbor seal, 
and California sea lion) exposed to a limited number of sound sources 
(i.e., mostly tones and octave-band noise) in laboratory settings 
(e.g., Finneran et al., 2002; Nachtigall et al., 2004; Kastak et al., 
2005; Lucke et al., 2009; Popov et al., 2011). In general, harbor seals 
(Kastak et al., 2005; Kastelein et al., 2012a) and harbor porpoises 
(Lucke et al., 2009; Kastelein et al., 2012b) have a lower TTS onset 
than other measured pinniped or cetacean species. Additionally, the 
existing marine mammal TTS data come from a limited number of 
individuals within these species. There are no data available on noise-
induced hearing loss for mysticetes. For summaries of data on TTS in 
marine mammals or for further discussion of TTS onset thresholds, 
please see Southall et al., (2007) and Finneran and Jenkins (2012).
    2. Behavioral effects--Behavioral disturbance may include a variety 
of effects, including subtle changes in behavior (e.g., minor or brief 
avoidance of an area or changes in vocalizations), more conspicuous 
changes in similar behavioral activities, and more sustained and/or 
potentially severe reactions, such as displacement from or abandonment 
of high-quality habitat. Behavioral responses to sound are highly 
variable and context-specific and any reactions depend on numerous 
intrinsic and extrinsic factors (e.g., species, state of maturity, 
experience, current activity, reproductive state, auditory sensitivity, 
time of day), as well as the interplay between factors (e.g., 
Richardson et al., 1995; Wartzok et al., 2003; Southall et al., 2007; 
Weilgart, 2007; Archer et al., 2010). Behavioral reactions can vary not 
only among individuals but also within an individual, depending on 
previous experience with a sound source, context, and numerous other 
factors (Ellison et al., 2012), and can vary depending on 
characteristics associated with the sound source (e.g., whether it is 
moving or stationary, number of sources, distance from the source). 
Please see Appendices B-C of Southall et al., (2007) for a review of 
studies involving marine mammal behavioral responses to sound.
    Habituation can occur when an animal's response to a stimulus wanes 
with repeated exposure, usually in the absence of unpleasant associated 
events (Wartzok et al., 2003). Animals are most likely to habituate to 
sounds that are predictable and unvarying. It is important to note that 
habituation is appropriately considered as a ``progressive reduction in 
response to stimuli that are perceived as neither aversive nor 
beneficial,'' rather than as, more generally, moderation in response to 
human disturbance (Bejder et al., 2009). The opposite process is 
sensitization, when an unpleasant experience leads to subsequent 
responses, often in the form of avoidance, at a lower level of 
exposure. As noted, behavioral state may affect the type of response. 
For example, animals that are resting may show greater behavioral 
change in response to disturbing sound levels than animals that are 
highly motivated to remain in an area for feeding (Richardson et al., 
1995; NRC, 2003; Wartzok et al., 2003). Controlled experiments with 
captive marine mammals have showed pronounced behavioral reactions, 
including avoidance of loud sound sources (Ridgway et al., 1997; 
Finneran et al., 2003). Observed responses of wild marine mammals to 
loud pulsed sound sources (typically seismic airguns or acoustic 
harassment devices) have been varied but often consist of avoidance 
behavior or other behavioral changes suggesting discomfort (Morton and 
Symonds, 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
    Available studies show wide variation in response to underwater 
sound; therefore, it is difficult to predict specifically how any given 
sound in a particular instance might affect marine mammals perceiving 
the signal. If a marine mammal does react briefly to an underwater 
sound by changing its behavior or moving a small distance, the impacts 
of the change are unlikely to be significant to the individual, let 
alone the stock or population. However, if a sound source displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder 2007; Weilgart 2007; NRC 2005). 
However, there are broad categories of potential response, which we 
describe in greater detail here, that include alteration of dive 
behavior, alteration of foraging behavior, effects to breathing, 
interference with or alteration of vocalization, avoidance, and flight.
    Changes in dive behavior can vary widely, and may consist of 
increased or decreased dive times and surface intervals as well as 
changes in the rates of ascent and descent during a dive (e.g., Frankel 
and Clark 2000; Costa et al., 2003; Ng and Leung 2003; Nowacek et al., 
2004; Goldbogen et al., 2013a,b). Variations in dive behavior may 
reflect interruptions in biologically significant activities (e.g., 
foraging) or they may be of little biological significance. The impact 
of an alteration to dive behavior resulting from an acoustic exposure 
depends on what the animal is doing at

[[Page 29496]]

the time of the exposure and the type and magnitude of the response.
    Disruption of feeding behavior can be difficult to correlate with 
anthropogenic sound exposure, so it is usually inferred by observed 
displacement from known foraging areas, the appearance of secondary 
indicators (e.g., bubble nets or sediment plumes), or changes in dive 
behavior. As for other types of behavioral response, the frequency, 
duration, and temporal pattern of signal presentation, as well as 
differences in species sensitivity, are likely contributing factors to 
differences in response in any given circumstance (e.g., Croll et al., 
2001; Nowacek et al.; 2004; Madsen et al., 2006; Yazvenko et al., 
2007). A determination of whether foraging disruptions incur fitness 
consequences would require information on or estimates of the energetic 
requirements of the affected individuals and the relationship between 
prey availability, foraging effort and success, and the life history 
stage of the animal.
    Variations in respiration naturally vary with different behaviors 
and alterations to breathing rate as a function of acoustic exposure 
can be expected to co-occur with other behavioral reactions, such as a 
flight response or an alteration in diving. However, respiration rates 
in and of themselves may be representative of annoyance or an acute 
stress response. Various studies have shown that respiration rates may 
either be unaffected or could increase, depending on the species and 
signal characteristics, again highlighting the importance in 
understanding species differences in the tolerance of underwater noise 
when determining the potential for impacts resulting from anthropogenic 
sound exposure (e.g., Kastelein et al., 2001, 2005b, 2006; Gailey et 
al., 2007).
    Marine mammals vocalize for different purposes and across multiple 
modes, such as whistling, echolocation click production, calling, and 
singing. Changes in vocalization behavior in response to anthropogenic 
noise can occur for any of these modes and may result from a need to 
compete with an increase in background noise or may reflect increased 
vigilance or a startle response. For example, in the presence of 
potentially masking signals, humpback whales and killer whales have 
been observed to increase the length of their songs (Miller et al., 
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales 
have been observed to shift the frequency content of their calls upward 
while reducing the rate of calling in areas of increased anthropogenic 
noise (Parks et al., 2007b). In some cases, animals may cease sound 
production during production of aversive signals (Bowles et al., 1994).
    Avoidance is the displacement of an individual from an area or 
migration path as a result of the presence of a sound or other 
stressors, and is one of the most obvious manifestations of disturbance 
in marine mammals (Richardson et al., 1995). For example, gray whales 
are known to change direction--deflecting from customary migratory 
paths--in order to avoid noise from seismic surveys (Malme et al., 
1984). Avoidance may be short-term, with animals returning to the area 
once the noise has ceased (e.g., Bowles et al., 1994; Goold, 1996; 
Stone et al., 2000; Morton and Symonds, 2002; Gailey et al., 2007). 
Longer-term displacement is possible, however, which may lead to 
changes in abundance or distribution patterns of the affected species 
in the affected region if habituation to the presence of the sound does 
not occur (e.g., Blackwell et al., 2004; Bejder et al., 2006; Teilmann 
et al., 2006).
    A flight response is a dramatic change in normal movement to a 
directed and rapid movement away from the perceived location of a sound 
source. The flight response differs from other avoidance responses in 
the intensity of the response (e.g., directed movement, rate of 
travel). Relatively little information on flight responses of marine 
mammals to anthropogenic signals exist, although observations of flight 
responses to the presence of predators have occurred (Connor and 
Heithaus 1996). The result of a flight response could range from brief, 
temporary exertion and displacement from the area where the signal 
provokes flight to, in extreme cases, marine mammal strandings (Evans 
and England 2001). However, it should be noted that response to a 
perceived predator does not necessarily invoke flight (Ford and Reeves 
2008), and whether individuals are solitary or in groups may influence 
the response.
    Behavioral disturbance can also impact marine mammals in more 
subtle ways. Increased vigilance may result in costs related to 
diversion of focus and attention (i.e., when a response consists of 
increased vigilance, it may come at the cost of decreased attention to 
other critical behaviors such as foraging or resting). These effects 
have generally not been demonstrated for marine mammals, but studies 
involving fish and terrestrial animals have shown that increased 
vigilance may substantially reduce feeding rates (e.g., Beauchamp and 
Livoreil 1997; Fritz et al., 2002; Purser and Radford 2011). In 
addition, chronic disturbance can cause population declines through 
reduction of fitness (e.g., decline in body condition) and subsequent 
reduction in reproductive success, survival, or both (e.g., Harrington 
and Veitch, 1992; Daan et al., 1996; Bradshaw et al., 1998). However, 
Ridgway et al. (2006) reported that increased vigilance in bottlenose 
dolphins exposed to sound over a five-day period did not cause any 
sleep deprivation or stress effects.
    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption 
of such functions resulting from reactions to stressors such as sound 
exposure are more likely to be significant if they last more than one 
diel cycle or recur on subsequent days (Southall et al., 2007). 
Consequently, a behavioral response lasting less than one day and not 
recurring on subsequent days is not considered particularly severe 
unless it could directly affect reproduction or survival (Southall et 
al., 2007). Note that there is a difference between multi-day 
substantive behavioral reactions and multi-day anthropogenic 
activities. For example, just because an activity lasts for multiple 
days does not necessarily mean that individual animals are either 
exposed to activity-related stressors for multiple days or, further, 
exposed in a manner resulting in sustained multi-day substantive 
behavioral responses.
    3. Stress responses--An animal's perception of a threat may be 
sufficient to trigger stress responses consisting of some combination 
of behavioral responses, autonomic nervous system responses, 
neuroendocrine responses, or immune responses (e.g., Seyle, 1950; 
Moberg, 2000). In many cases, an animal's first and sometimes most 
economical (in terms of energetic costs) response is behavioral 
avoidance of the potential stressor. Autonomic nervous system responses 
to stress typically involve changes in heart rate, blood pressure, and 
gastrointestinal activity. These responses have a relatively short 
duration and may or may not have a significant long-term effect on an 
animal's fitness.
    Neuroendocrine stress responses often involve the hypothalamus-
pituitary-adrenal system. Virtually all neuroendocrine functions that 
are affected by stress--including immune competence, reproduction, 
metabolism, and behavior--are regulated by pituitary hormones. Stress-
induced changes in the secretion of pituitary hormones have been 
implicated in failed reproduction, altered metabolism, reduced immune 
competence, and behavioral disturbance (e.g., Moberg 1987; Blecha 
2000).

[[Page 29497]]

Increases in the circulation of glucocorticoids are also equated with 
stress (Romano et al., 2004).
    The primary distinction between stress (which is adaptive and does 
not normally place an animal at risk) and ``distress'' is the cost of 
the response. During a stress response, an animal uses glycogen stores 
that can be quickly replenished once the stress is alleviated. In such 
circumstances, the cost of the stress response would not pose serious 
fitness consequences. However, when an animal does not have sufficient 
energy reserves to satisfy the energetic costs of a stress response, 
energy resources must be diverted from other functions. This state of 
distress will last until the animal replenishes its energetic reserves 
sufficient to restore normal function.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses are well-studied through 
controlled experiments and for both laboratory and free-ranging animals 
(e.g., Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003; 
Krausman et al., 2004; Lankford et al., 2005). Stress responses due to 
exposure to anthropogenic sounds or other stressors and their effects 
on marine mammals have also been reviewed (Fair and Becker 2000; Romano 
et al., 2002b) and, more rarely, studied in wild populations (e.g., 
Romano et al., 2002a). For example, Rolland et al. (2012) found that 
noise reduction from reduced ship traffic in the Bay of Fundy was 
associated with decreased stress in North Atlantic right whales. These 
and other studies lead to a reasonable expectation that some marine 
mammals will experience physiological stress responses upon exposure to 
acoustic stressors and that it is possible that some of these would be 
classified as ``distress.'' In addition, any animal experiencing TTS 
would likely also experience stress responses (NRC, 2003).
    4. Auditory masking--Sound can disrupt behavior through masking, or 
interfering with, an animal's ability to detect, recognize, or 
discriminate between acoustic signals of interest (e.g., those used for 
intraspecific communication and social interactions, prey detection, 
predator avoidance, navigation) (Richardson et al., 1995). Masking 
occurs when the receipt of a sound is interfered with by another 
coincident sound at similar frequencies and at similar or higher 
intensity, and may occur whether the sound is natural (e.g., snapping 
shrimp, wind, waves, precipitation) or anthropogenic (e.g., shipping, 
sonar, seismic exploration) in origin. The ability of a noise source to 
mask biologically important sounds depends on the characteristics of 
both the noise source and the signal of interest (e.g., signal-to-noise 
ratio, temporal variability, direction), in relation to each other and 
to an animal's hearing abilities (e.g., sensitivity, frequency range, 
critical ratios, frequency discrimination, directional discrimination, 
age or TTS hearing loss), and existing ambient noise and propagation 
conditions.
    Under certain circumstances, marine mammals experiencing 
significant masking could also be impaired from maximizing their 
performance fitness in survival and reproduction. Therefore, when the 
coincident (masking) sound is man-made, it may be considered harassment 
when disrupting or altering critical behaviors. It is important to 
distinguish TTS and PTS, which persist after the sound exposure, from 
masking, which occurs during the sound exposure. Because masking 
(without resulting in TS) is not associated with abnormal physiological 
function, it is not considered a physiological effect, but rather a 
potential behavioral effect.
    The frequency range of the potentially masking sound is important 
in determining any potential behavioral impacts. For example, low-
frequency signals may have less effect on high-frequency echolocation 
sounds produced by odontocetes but are more likely to affect detection 
of mysticete communication calls and other potentially important 
natural sounds such as those produced by surf and some prey species. 
The masking of communication signals by anthropogenic noise may be 
considered as a reduction in the communication space of animals (e.g., 
Clark et al., 2009) and may result in energetic or other costs as 
animals change their vocalization behavior (e.g., Miller et al., 2000; 
Foote et al., 2004; Parks et al., 2007b; Di Iorio and Clark 2009; Holt 
et al., 2009). Masking can be reduced in situations where the signal 
and noise come from different directions (Richardson et al., 1995), 
through amplitude modulation of the signal, or through other 
compensatory behaviors (Houser and Moore 2014). Masking can be tested 
directly in captive species (e.g., Erbe 2008), but in wild populations 
it must be either modeled or inferred from evidence of masking 
compensation. There are few studies addressing real-world masking 
sounds likely to be experienced by marine mammals in the wild (e.g., 
Branstetter et al., 2013).
    Masking affects both senders and receivers of acoustic signals and 
can potentially have long-term chronic effects on marine mammals at the 
population level as well as at the individual level. Low-frequency 
ambient sound levels have increased by as much as 20 dB (more than 
three times in terms of SPL) in the world's ocean from pre-industrial 
periods, with most of the increase from distant commercial shipping 
(Hildebrand 2009). All anthropogenic sound sources, but especially 
chronic and lower-frequency signals (e.g., from vessel traffic), 
contribute to elevated ambient sound levels, thus intensifying masking.

Acoustic Effects, Underwater

    Potential Effects of Pile Driving and Removal Sound--The effects of 
sounds from pile driving and removal might include one or more of the 
following: Temporary or permanent hearing impairment, non-auditory 
physical or physiological effects, behavioral disturbance, and masking 
(Richardson et al., 1995; Gordon et al., 2003; Nowacek et al., 2007; 
Southall et al., 2007). The effects of pile driving and removal on 
marine mammals are dependent on several factors, including the type and 
depth of the animal; the pile size and type, and the intensity and 
duration of the pile driving/removal sound; the substrate; the standoff 
distance between the pile and the animal; and the sound propagation 
properties of the environment. Impacts to marine mammals from pile 
driving and removal activities are expected to result primarily from 
acoustic pathways. As such, the degree of effect is intrinsically 
related to the frequency, received level, and duration of the sound 
exposure, which are in turn influenced by the distance between the 
animal and the source. The further away from the source, the less 
intense the exposure should be. The substrate and depth of the habitat 
affect the sound propagation properties of the environment. In 
addition, substrates that are soft (e.g., sand) would absorb or 
attenuate the sound more readily than hard substrates (e.g., rock), 
which may reflect the acoustic wave. Soft porous substrates would also 
likely require less time to drive the pile, and possibly less forceful 
equipment, which would ultimately decrease the intensity of the 
acoustic source.
    In the absence of mitigation, impacts to marine species could be 
expected to include physiological and behavioral responses to the 
acoustic signature (Viada et al., 2008). Potential effects from 
impulsive sound sources like pile driving can range in severity from 
effects such as behavioral disturbance to

[[Page 29498]]

temporary or permanent hearing impairment (Yelverton et al., 1973).
    Hearing Impairment and Other Physical Effects--Marine mammals 
exposed to high intensity sound repeatedly or for prolonged periods can 
experience hearing threshold shifts. PTS constitutes injury, but TTS 
does not (Southall et al., 2007). Based on the best scientific 
information available, the SPLs for the construction activities in this 
project are below the thresholds that could cause TTS or the onset of 
PTS (Table 5).
    Non-auditory Physiological Effects--Non-auditory physiological 
effects or injuries that theoretically might occur in marine mammals 
exposed to strong underwater sound include stress, neurological 
effects, bubble formation, resonance effects, and other types of organ 
or tissue damage (Cox et al., 2006; Southall et al., 2007). Studies 
examining such effects are limited. In general, little is known about 
the potential for pile driving or removal to cause auditory impairment 
or other physical effects in marine mammals. Available data suggest 
that such effects, if they occur at all, would presumably be limited to 
short distances from the sound source and to activities that extend 
over a prolonged period. The available data do not allow identification 
of a specific exposure level above which non-auditory effects can be 
expected (Southall et al., 2007) or any meaningful quantitative 
predictions of the numbers (if any) of marine mammals that might be 
affected in those ways. Marine mammals that show behavioral avoidance 
of pile driving, including some odontocetes and some pinnipeds, are 
especially unlikely to incur auditory impairment or non-auditory 
physical effects.

Disturbance Reactions

    Responses to continuous sound, such as vibratory pile installation, 
have not been documented as well as responses to pulsed sounds. With 
both types of pile driving, it is likely that the onset of pile driving 
could result in temporary, short term changes in an animal's typical 
behavior and/or avoidance of the affected area. These behavioral 
changes may include (Richardson et al., 1995): Changing durations of 
surfacing and dives, number of blows per surfacing, or moving direction 
and/or speed; reduced/increased vocal activities; changing/cessation of 
certain behavioral activities (such as socializing or feeding); visible 
startle response or aggressive behavior (such as tail/fluke slapping or 
jaw clapping); avoidance of areas where sound sources are located; and/
or flight responses (e.g., pinnipeds flushing into water from haul-outs 
or rookeries). Pinnipeds may increase their haul-out time, possibly to 
avoid in-water disturbance (Thorson and Reyff 2006). If a marine mammal 
responds to a stimulus by changing its behavior (e.g., through 
relatively minor changes in locomotion direction/speed or vocalization 
behavior), the response may or may not constitute taking at the 
individual level, and is unlikely to affect the stock or the species as 
a whole. However, if a sound source displaces marine mammals from an 
important feeding or breeding area for a prolonged period, impacts on 
animals, and if so potentially on the stock or species, could 
potentially be significant (e.g., Lusseau and Bejder 2007; Weilgart 
2007).
    The biological significance of many of these behavioral 
disturbances is difficult to predict, especially if the detected 
disturbances appear minor. However, the consequences of behavioral 
modification could be expected to be biologically significant if the 
change affects growth, survival, or reproduction. Significant 
behavioral modifications that could potentially lead to effects on 
growth, survival, or reproduction include:
     Drastic changes in diving/surfacing patterns (such as 
those thought to cause beaked whale stranding due to exposure to 
military mid-frequency tactical sonar);
     Longer-term habitat abandonment due to loss of desirable 
acoustic environment; and
     Longer-term cessation of feeding or social interaction.
    The onset of behavioral disturbance from anthropogenic sound 
depends on both external factors (characteristics of sound sources and 
their paths) and the specific characteristics of the receiving animals 
(hearing, motivation, experience, demography) and is difficult to 
predict (Southall et al., 2007).

Auditory Masking

    Natural and artificial sounds can disrupt behavior by masking. The 
frequency range of the potentially masking sound is important in 
determining any potential behavioral impacts. Because sound generated 
from in-water pile driving and removal is mostly concentrated at low 
frequency ranges, it may have less effect on high frequency 
echolocation sounds made by porpoises. The most intense underwater 
sounds in the proposed action are those produced by impact pile 
driving. Given that the energy distribution of pile driving covers a 
broad frequency spectrum, sound from these sources would likely be 
within the audible range of marine mammals present in the project area. 
Impact pile driving activity is relatively short-term, with rapid 
pulses occurring for approximately fifteen minutes per pile. The 
probability for impact pile driving resulting from this proposed action 
masking acoustic signals important to the behavior and survival of 
marine mammal species is low. Vibratory pile driving is also relatively 
short-term, with rapid oscillations occurring for approximately one and 
a half hours per pile. It is possible that vibratory pile driving 
resulting from this proposed action may mask acoustic signals important 
to the behavior and survival of marine mammal species, but the short-
term duration and limited affected area would result in insignificant 
impacts from masking. Any masking event that could possibly rise to 
Level B harassment under the MMPA would occur concurrently within the 
zones of behavioral harassment already estimated for vibratory and 
impact pile driving, and which have already been taken into account in 
the exposure analysis.
    Acoustic Effects, Airborne--Pinnipeds that occur near the project 
site could be exposed to airborne sounds associated with pile driving 
and removal that have the potential to cause behavioral harassment, 
depending on their distance from pile driving activities. Cetaceans are 
not expected to be exposed to airborne sounds that would result in 
harassment as defined under the MMPA.
    Airborne noise will primarily be an issue for pinnipeds that are 
swimming or hauled out near the project site within the range of noise 
levels elevated above the acoustic criteria. We recognize that 
pinnipeds in the water could be exposed to airborne sound that may 
result in behavioral harassment when looking with their heads above 
water. Most likely, airborne sound would cause behavioral responses 
similar to those discussed above in relation to underwater sound. For 
instance, anthropogenic sound could cause hauled-out pinnipeds to 
exhibit changes in their normal behavior, such as reduction in 
vocalizations, or cause them to temporarily abandon the area and move 
further from the source. However, these animals would previously have 
been `taken' as a result of exposure to underwater sound above the 
behavioral harassment thresholds, which are in all cases larger than 
those associated with airborne sound. Thus, the behavioral harassment 
of these animals is already accounted for in these estimates of 
potential take. Multiple instances of exposure to sound

[[Page 29499]]

above NMFS' thresholds for behavioral harassment are not believed to 
result in increased behavioral disturbance, in either nature or 
intensity of disturbance reaction. Therefore, we do not believe that 
authorization of incidental take resulting from airborne sound for 
pinnipeds is warranted, and airborne sound is not discussed further 
here.

Anticipated Effects on Habitat

    The proposed activities at the Project area would not result in 
permanent negative impacts to habitats used directly by marine mammals, 
but may have potential short-term impacts to food sources such as 
forage fish and may affect acoustic habitat (see masking discussion 
above). There are no known foraging hotspots or other ocean bottom 
structure of significant biological importance to marine mammals 
present in the marine waters of the project area. Therefore, the main 
impact issue associated with the proposed activity would be temporarily 
elevated sound levels and the associated direct effects on marine 
mammals, as discussed previously in this document. The primary 
potential acoustic impacts to marine mammal habitat are associated with 
elevated sound levels produced by vibratory and impact pile driving and 
removal in the area. However, other potential impacts to the 
surrounding habitat from physical disturbance are also possible.

Pile Driving Effects on Potential Prey (Fish)

    Construction activities would produce continuous (i.e., vibratory 
pile driving sounds) and pulsed (i.e. impact driving) sounds. Fish 
react to sounds that are especially strong and/or intermittent low-
frequency sounds. Short duration, sharp sounds can cause overt or 
subtle changes in fish behavior and local distribution. Hastings and 
Popper (2005) identified several studies that suggest fish may relocate 
to avoid certain areas of sound energy. Additional studies have 
documented effects of pile driving on fish, although several are based 
on studies in support of large, multiyear bridge construction projects 
(e.g., Scholik and Yan 2001, 2002; Popper and Hastings 2009). Sound 
pulses at received levels of 160 dB may cause subtle changes in fish 
behavior. SPLs of 180 dB may cause noticeable changes in behavior 
(Pearson et al., 1992; Skalski et al., 1992). SPLs of sufficient 
strength have been known to cause injury to fish and fish mortality.
    The most likely impact to fish from pile driving activities at the 
project area would be temporary behavioral avoidance of the area. The 
duration of fish avoidance of this area after pile driving stops is 
unknown, but a rapid return to normal recruitment, distribution and 
behavior is anticipated. In general, impacts to marine mammal prey 
species are expected to be minor and temporary due to the short 
timeframe for the project.

Pile Driving Effects on Potential Foraging Habitat

    The area likely impacted by the project is relatively small 
compared to the available habitat in San Francisco Bay. Avoidance by 
potential prey (i.e., fish) of the immediate area due to the temporary 
loss of this foraging habitat is also possible. The duration of fish 
avoidance of this area after pile driving stops is unknown, but a rapid 
return to normal recruitment, distribution and behavior is anticipated. 
Any behavioral avoidance by fish of the disturbed area would still 
leave significantly large areas of fish and marine mammal foraging 
habitat in the nearby vicinity in San Francisco Bay.
    In summary, given the short daily duration of sound associated with 
individual pile driving events and the relatively small areas being 
affected, pile driving activities associated with the proposed action 
are not likely to have a permanent, adverse effect on any fish habitat, 
or populations of fish species. Thus, any impacts to marine mammal 
habitat are not expected to cause significant or long-term consequences 
for individual marine mammals or their populations.

Estimated Take by Incidental Harassment

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as: any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes would be by Level A and Level B harassment, in the 
form of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to vibratory and impact pile driving and 
removal, and potential permanent threshold shift (PTS) for harbor seals 
that may transit through the Level A zone to their haulout. Based on 
the nature of the activity and the anticipated effectiveness of the 
mitigation measures (i.e., bubble curtain, soft start, etc.--discussed 
in detail below in Proposed Mitigation section), Level A harassment is 
neither anticipated nor proposed to be authorized for all other 
species.
    As described previously, no mortality is anticipated or proposed to 
be authorized for this activity. Below we describe how the take is 
estimated.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals will be behaviorally harassed or incur 
some degree of permanent hearing impairment; (2) the area or volume of 
water that will be ensonified above these levels in a day; (3) the 
density or occurrence of marine mammals within these ensonified areas; 
and, (4) and the number of days of activities. Below, we describe these 
components in more detail and present the proposed take estimate.

Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic 
thresholds that identify the received level of underwater sound above 
which exposed marine mammals would be reasonably expected to be 
behaviorally harassed (equated to Level B harassment) or to incur PTS 
of some degree (equated to Level A harassment).
    Level B Harassment for non-explosive sources--Though significantly 
driven by received level, the onset of behavioral disturbance from 
anthropogenic noise exposure is also informed to varying degrees by 
other factors related to the source (e.g., frequency, predictability, 
duty cycle), the environment (e.g., bathymetry), and the receiving 
animals (hearing, motivation, experience, demography, behavioral 
context) and can be difficult to predict (Southall et al., 2007, 
Ellison et al., 2011). Based on what the available science indicates 
and the practical need to use a threshold based on a factor that is 
both predictable and measurable for most activities, NMFS uses a 
generalized acoustic threshold based on received level to estimate the 
onset of behavioral harassment. NMFS predicts that marine mammals are 
likely to be behaviorally harassed in a manner we consider Level B 
harassment when exposed to

[[Page 29500]]

underwater anthropogenic noise above received levels of 120 dB re 1 
[mu]Pa (rms) for continuous (e.g. vibratory pile-driving, drilling) and 
above 160 dB re 1 [mu]Pa (rms) for non-explosive impulsive (e.g., 
seismic airguns) or intermittent (e.g., scientific sonar) sources.
    WETA's proposed activities include the use of continuous (vibratory 
pile driving) and impulsive (impact pile driving) sources, and 
therefore the 120 and 160 dB re 1 [mu]Pa (rms) are applicable.
    Level A harassment for non-explosive sources--NMFS' Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (Technical Guidance 2016) identifies dual criteria to 
assess auditory injury (Level A harassment) to five different marine 
mammal groups (based on hearing sensitivity) as a result of exposure to 
noise from two different types of sources (impulsive or non-impulsive). 
WETA's proposed activity includes the use of impulsive (impact pile 
driving) and non-impulsive (vibratory pile driving) sources.
    These thresholds were developed by compiling and synthesizing the 
best available science and soliciting input multiple times from both 
the public and peer reviewers to inform the final product, and are 
provided in the table below. The references, analysis, and methodology 
used in the development of the thresholds are described in NMFS 2016 
Technical Guidance, which may be accessed at: http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

                     Table 4--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
                                                   PTS onset acoustic thresholds *  (received level)
            Hearing group             --------------------------------------------------------------------------
                                              Impulsive                           Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-frequency cetaceans..............  Cell 1: Lpk,flat: 219    Cell 2: LI,LE,LF,24h: 199 dB.
                                        dB; LE,LF,24h: 183 dB.
Mid-frequency cetaceans..............  Cell 3: Lpk,flat: 230    Cell 4: LE,MF,24h: 198 dB.
                                        dB; LE,MF,24h: 185 dB.
High-frequency cetaceans.............  Cell 5: Lpk,flat: 202    Cell 6: LE,HF,24h: 173 dB.
                                        dB; LE,HF,24h: 155 dB.
Phocid Pinnipeds (underwaters).......  Cell 7: Lpk,flat: 218    Cell 8: LE,PW,24h: 201 dB.
                                        dB; LE,PW,24h: 185 dB.
Otariid Pinnipeds (underwater).......  Cell 9: Lpk,flat: 232    Cell 10: LE,OW,24h: 219 dB.
                                        dB; LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
\1\ NMFS 2016.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds.
    Pile driving and removal generates underwater noise that can 
potentially result in disturbance to marine mammals in the project 
area. 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.

    This formula neglects 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]). 
A practical spreading value of 15 is often used under conditions, such 
as at the Central Bay operations and maintenance facility, 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. Practical 
spreading loss (4.5 dB reduction in sound level for each doubling of 
distance) is assumed here.
    Underwater Sound--The intensity of pile driving and removal sounds 
is greatly influenced by factors such as the type of piles, hammers, 
and the physical environment in which the activity takes place. A 
number of studies, primarily on the west coast, have measured sound 
produced during underwater pile driving projects. These data are 
largely for impact driving of steel pipe piles and concrete piles as 
well as vibratory driving of steel pipe piles.
    In order to determine reasonable source levels and their associated 
effects on marine mammals that are likely to result from vibratory or 
impact pile driving or removal at the Project area, we considered 
existing measurements from similar physical environments (e.g. 
substrate of bay mud and water depths ranging from 14 to 38 ft).

Level A Isopleths (Table 5)

    The values used to calculate distances at which sound would be 
expected to exceed the Level A thresholds for impact driving of and 36 
in and 42 in piles include peak values of 185 dB and anticipated SELs 
for unattenuated impact pile-driving of 175 dB, and peak values of 193 
dB and SEL values of 167 for 24 in piles (Caltrans 2015a). Bubble 
curtains will be used during the installation of these piles, which is 
expected to reduce noise levels by about 10 dB rms (Caltrans 2015a), 
which are the values used in Table 5. Vibratory driving source levels 
include 175 dB RMS for 42-in piles, 170 dB RMS for 36-in piles, 165 dB 
RMS for 24 in piles, and 150 dB RMS for 14 in H piles (Caltrans 2015a). 
The inputs for the user spreadsheet from NMFS' Guidance are as follows: 
For impact driving, 450 strikes per pile with 3 piles per day for 24 in 
piles, and 600 strikes per pile with 2 piles per day for 36 in and 42 
in piles. The total duration for vibratory driving of 14-in, 24-in, 36-
in, and 42-in piles were all approximately 10 minutes (0.166666, 
0.1708333 hours, 0.16666 hours, and 0.177777 hours, respectively).

[[Page 29501]]



               Table 5--Expected Pile-Driving Noise Levels and Distances of Level A Threshold Exceedance With Impact and Vibratory Driver
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Source  levels at  10 meters  (dB)               Distance to level A threshold in meters
                                                 -------------------------------------------------------------------------------------------------------
   Project element requiring pile installation                                                                         LF *         MF *         HF *
                                                    Peak \1\       SEL          RMS        Phocids      Otariids    Cetaceans    Cetaceans    Cetaceans
--------------------------------------------------------------------------------------------------------------------------------------------------------
42 in steel piles--Vibratory Driver.............  ...........  ...........          175         11.3          0.8         18.5          1.6         27.4
42 in steel piles--Impact Driver (BCA)\1\.......          200          173  ...........          130          9.5          243          8.6        289.4
36-Inch Steel Piles--Vibratory Driver...........  ...........  ...........          170            5          0.4          8.2          0.7         12.2
36-Inch Steel Piles--Impact Driver (BCA)\1\.....          200          173  ...........          130          9.5          243          8.6        289.4
24-Inch Steel Piles--Vibratory Driver...........  ...........  ...........          160          1.1          0.1          1.8          0.2          2.7
24-Inch Steel Piles--Impact Driver (BCA) \1\....      193 \2\      167 \2\  ...........           56          4.1        104.6          3.7        124.6
14 in H-piles--Vibratory Driver.................  ...........  ...........          150          0.2            0          0.4            0          0.6
14 in H-piles Vibratory Extraction..............  ...........  ...........          150          0.2            0          0.4            0          0.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Low frequency (LF) cetaceans, Mid frequency (MF) cetaceans, High frequency (HF) cetaceans.
\1\ Bubble curtain attenuation (BCA). A bubble curtain will be used for impact driving and is assumed to reduce the source level by 10dB. Therefore,
  source levels were reduced by this amount for take calculations.

Level B Isopleths (Table 6)

    Approximately 15 steel piles, 42-in in diameter, will be installed, 
with approximately 2 installed per day over 8 days. The source level 
for this pile size during impact driving came from the Caltrans summary 
table (Caltrans 2015a) for 36 in piles at approximately 10 m depth. The 
source level for this pile size during vibratory driving came from the 
Caltrans summary table for the ``loudest values'' for 36 in piles.
    Approximately 6 steel piles, 36-in in diameter, will be installed, 
with approximately 2 installed per day over 3 days. The source level 
for this pile size during impact driving came from the Caltrans summary 
table (Caltrans 2015a) for 36 in piles at approximately 10 m depth. The 
source level for this pile size during vibratory driving came from the 
Caltrans summary table for the ``typical values'' for 36 in piles.
    Approximately 8 steel piles, 24-in in diameter, will be installed, 
with approximately 3 installed per day over 3 days. The source level 
for this pile size during impact driving came from the Caltrans summary 
table (Caltrans 2015a) for 24 in piles at approximately 5 m depth. The 
source level for this pile size during vibratory driving came from the 
Caltrans table for the Trinidad Pier Reconstruction project (Caltrans 
2015a).
    Approximately 20 14-in H piles (10 temporary and 10 permanent), 
with approximately 5 installed or removed per day over 8 days. The 
source level for this pile size during impact and vibratory driving 
came from the Caltrans summary table (Caltrans 2015a) for 10 in H 
piles.
    Tables 6 and 7 show the expected underwater sound levels for pile 
driving activities and the estimated distances to the Level A (Table 5) 
and Level B (Table 6) thresholds.
    When NMFS Technical Guidance (2016) was published, in recognition 
of the fact that ensonified area/volume could be more technically 
challenging to predict because of the duration component in the new 
thresholds, we developed a User Spreadsheet that includes tools to help 
predict a simple isopleth that can be used in conjunction with marine 
mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which will result in some degree of 
overestimate of Level A take. However, these tools offer the best way 
to predict appropriate isopleths when more sophisticated 3D-modeling 
methods are not available, and NMFS continues to develop ways to 
quantitatively refine these tools, and will qualitatively address the 
output where appropriate. For stationary sources (such as WETA's 
Project), NMFS User Spreadsheet predicts the closest distance at which, 
if a marine mammal remained at that distance the whole duration of the 
activity, it would not incur PTS. Inputs used in the User Spreadsheet, 
and the resulting isopleths are reported below.

    Table 6--Expected Pile-Driving Noise Levels and Distances of Level B Threshold Exceedance With Impact and
                                                Vibratory Driver
----------------------------------------------------------------------------------------------------------------
                                                                                    Distance to       Area of
                                                                                      level B        potential
                                                                   Source levels   threshold, in      level B
                                                                   at 10 meters       meters         threshold
           Project element requiring pile installation             (33 feet) (dB ---------------- exceedance (in
                                                                       rms)       160/120 dB RMS      square
                                                                                    (level B) 2    kilometers) 1
 
----------------------------------------------------------------------------------------------------------------
42 in steel piles--Vibratory Driver.............................             175          46,416           12.97
42 in steel piles--Impact Driver (BCA) 1........................           1 200             341            0.27

[[Page 29502]]

 
36-Inch Steel Piles--Vibratory Driver...........................             170          21,544           12.97
36-Inch Steel Piles--Impact Driver (BCA) 1......................           1 200             341            0.27
24-Inch Steel Piles--Vibratory Driver...........................             160           4,642            4.92
24-Inch Steel Piles--Impact Driver (BCA) 1......................           1 193             215            0.13
14-Inch H Piles--Vibratory Driver...............................             150           1,000            1.01
14-Inch H Piles--Vibratory Extraction...........................             150           1,000            1.01
----------------------------------------------------------------------------------------------------------------
1 For underwater noise, the Level B harassment (disturbance) threshold is 160 dB for impulsive noise and 120 dB
  for continuous noise.
2 Bubble curtain attenuation (BCA). A bubble curtain will be used for impact driving and is expected to reduce
  the source level by 10dB.

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.
    At-sea densities for marine mammal species have been determined for 
harbor seals and California sea lions in San Francisco Bay based on 
marine mammal monitoring by Caltrans for the San Francisco-Oakland Bay 
Bridge Project from 2000 to 2015 (Caltrans 2016); all other estimates 
here are determined by using observational data taken during marine 
mammal monitoring associated with the Richmond-San Rafael Bridge 
retrofit project, the San Francisco-Oakland Bay Bridge (SFOBB), which 
has been ongoing for the past 15 years, and anecdotal observational 
reports from local entities.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    All estimates are conservative and include the following 
assumptions:
     All pilings installed at each site would have an 
underwater noise disturbance equal to the piling that causes the 
greatest noise disturbance (i.e., the piling farthest from shore) 
installed with the method that has the largest zone of influence (ZOI). 
The largest underwater disturbance (Level B) ZOI would be produced by 
vibratory driving steel piles; therefore take estimates were calculated 
using the vibratory pile-driving ZOIs. The ZOIs for each threshold are 
not spherical and are truncated by land masses on either side of the 
project area, which would dissipate sound pressure waves.
     Exposures were based on an estimated total of 22 work 
days. Each activity ranges in amount of days needed to be completed 
(Table 1).
     In the absence of site specific underwater acoustic 
propagation modeling, the practical spreading loss model was used to 
determine the ZOI.
     All marine mammal individuals potentially available are 
assumed to be present within the relevant area, and thus incidentally 
taken;
     An individual can only be taken once during a 24-hour 
period; and,
     Exposures to sound levels at or above the relevant 
thresholds equate to take, as defined by the MMPA.
    The estimation of marine mammal takes typically uses the following 
calculation:
    For California sea lions: Level B exposure estimate = D (density) * 
Area of ensonification * Number of days of noise generating activities.
    For harbor seals: Level B exposure estimate = ((D * area of 
ensonification) + 15) * number of days of noise generating activities.
    For all other marine mammal species: Level B exposure estimate = N 
(number of animals) in the area * Number of days of noise generating 
activities.
    To account for the increase in California sea lion density due to 
El Ni[ntilde]o, the daily take estimated from the observed density has 
been increased by a factor of 10 for each day that pile driving or 
removal occurs.
    There are a number of reasons why estimates of potential instances 
of take may be overestimates of the number of individuals taken, 
assuming that available density or abundance estimates and estimated 
ZOI areas are accurate. We assume, in the absence of information 
supporting a more refined conclusion, that the output of the 
calculation represents the number of individuals that may be taken by 
the specified activity. In fact, in the context of stationary 
activities such as pile driving and in areas where resident animals may 
be present, this number represents the number of instances of take that 
may accrue to a smaller number of individuals, with some number of 
animals being exposed more than once per individual. While pile driving 
and removal can occur any day throughout the in-water work window, and 
the analysis is conducted on a per day basis, only a fraction of that 
time (typically a matter of hours on any given day) is actually spent 
pile driving/removal. The potential effectiveness of mitigation 
measures in reducing the number of takes is typically not quantified in 
the take estimation process. For these reasons, these take estimates 
may be conservative, especially if each take is considered a separate 
individual animal, and especially for pinnipeds.

Description of Marine Mammals in the Area of the Specified Activity

Harbor Seals
    Monitoring of marine mammals in the vicinity of the SFOBB has been 
ongoing for 15 years; from those data, Caltrans has produced at-sea 
density estimates for Pacific harbor seal of 0.83 animals per square 
kilometer for the fall season (Caltrans 2016). Since the construction 
of the new pier that is currently being used as a haul out for harbor 
seals, there are additional seals that need to be taken into account 
for the take calculation. The average number of seals that use the 
haulout at any given time is 15 animals; therefore, we would add an 
additional 15 seals per day. Using this density and the additional 15 
animals per day, the potential average daily take for the areas over 
which the Level B harassment thresholds may be exceeded are estimated 
in Table 7.

[[Page 29503]]



                                    Table 7--Take Calculation for Harbor Seal
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of days
           Activity                Pile type         Density       Area (km\2\)     of activity    Take estimate
----------------------------------------------------------------------------------------------------------------
Vibratory driving............  36-in and 42-in   0.83 animal/              12.97            3; 8         77; 206
                                steel pile.       km\2\.
Vibratory driving............  24-in steel pile  0.83 animal/               4.92               3              57
                                                  km\2\.
Vibratory driving and removal  14-in steel H     0.83 animal/               1.01               8             127
                                piles.            km\2\.
----------------------------------------------------------------------------------------------------------------

    A total of 467 harbor seal takes are estimated for 2017 (Table 9). 
Because seals may traverse the Level A zone when going to and from the 
healout that is approximately 300 m from the project area, it would not 
be practicable to shutdown every time. Therefore 18 Level A takes are 
requested for this species by assuming 1.6 harbor seals per day over 11 
days of impact driving of 36 in and 42 in piles may enter the zone (see 
the Description of Marine Mammals in the Area of the Specified Activity 
for information on seal occurrence per day). While the Level A zone is 
relatively large for this hearing group (approximately 290 m), there 
will be 2 MMOs monitoring the zone in the most advantageous locations 
to spot marine mammals to initiate a shutdown to avoid take by Level A 
harassment.
California Sea Lion
    Monitoring of marine mammals in the vicinity of the SFOBB has been 
ongoing for 15 years; from those data, Caltrans has produced at-sea 
density estimates for California sea lion of 0.09 animal per square 
kilometer for the post-breeding season (Caltrans 2016). Using this 
density, the potential average daily take for the areas over which the 
Level B harassment thresholds may be exceeded is estimated in Table 8.

                                Table 8--Take Calculation for California Sea Lion
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of days   Take Estimate
           Activity                Pile type         Density       Area (km\2\)     of activity     [supcaret]
----------------------------------------------------------------------------------------------------------------
Vibratory driving............  36-in and 42-in   0.09 animal/              12.97            3; 8          35; 93
                                steel pile.       km\2\.
Vibratory driving............  24-in steel pile  0.09 animal/               4.92               3              13
                                                  km\2\.
Vibratory driving............  14-in steel H     0.09 animal/               1.01               8               7
                                piles.            km\2\.
----------------------------------------------------------------------------------------------------------------
* All California sea lion estimates were multiplied by 10 to account for the increased occurrence of this
  species due to El Ni[ntilde]o.
[supcaret] Total take number is 149, not 148 because we round at the end, whereas here, it shows rounding per
  day.

    All California sea lion estimates were multiplied by 10 to account 
for the increased occurrence of this species due to El Ni[ntilde]o. A 
total of 149 California sea lion takes is estimated for 2017 (Table 9). 
Level A take is not expected for California sea lion based on area of 
ensonification and density of the animals in that area.
Northern Elephant Seal
    Monitoring of marine mammals in the vicinity of the SFOBB has been 
ongoing for 15 years; from those data, Caltrans has produced an 
estimated at-sea density for northern elephant seal of 0.03 animal per 
square kilometer (Caltrans 2016). Most sightings of northern elephant 
seal in San Francisco Bay occur in spring or early summer, and are less 
likely to occur during the periods of in-water work for this project 
(June through November). As a result, densities during pile driving and 
removal for the proposed action would be much lower. Therefore, we 
estimate that it is possible that a lone northern elephant seal may 
enter the Level B harassment area once per week during pile driving or 
removal, for a total of 18 takes in 2017 (Table 9). Level A take of 
Northern elephant seal is not requested, nor is it proposed to be 
authorized because although one animal may approach the large Level B 
zones, it is not expected that it will continue in the area of 
ensonification into the Level A zone. Further, if the animal does 
approach the Level A zone, construction will be shut down.
Northern Fur Seal
    During the breeding season, the majority of the worldwide 
population is found on the Pribilof Islands in the southern Bering Sea, 
with the remaining animals spread throughout the North Pacific Ocean. 
On the coast of California, small breeding colonies are present at San 
Miguel Island off southern California, and the Farallon Islands off 
central California (Carretta et al., 2014). Northern fur seal are a 
pelagic species and are rarely seen near the shore away from breeding 
areas. Juveniles of this species occasionally strand in San Francisco 
Bay, particularly during El Ni[ntilde]o events, for example, during the 
2006 El Ni[ntilde]o event, 33 fur seals were admitted to the Marine 
Mammal Center (TMMC 2016). Some of these stranded animals were 
collected from shorelines in San Francisco Bay. Due to the recent El 
Ni[ntilde]o event, northern fur seals were observed in San Francisco 
bay more frequently, as well as strandings all along the California 
coast and inside San Francisco Bay (TMMC, personal communication); a 
trend that may continue this summer through winter if El Ni[ntilde]o 
conditions occur. Because sightings are normally rare; instances 
recently have been observed, but are not common, and based on estimates 
from local observations (TMMC, personal communication), it is estimated 
that ten northern fur seals will be taken in 2017 (Table 9). Level A 
take is not requested or proposed to be authorized for this species.
Harbor Porpoise
    In the last six decades, harbor porpoises were observed outside of 
San Francisco Bay. The few harbor porpoises that entered were not 
sighted past central Bay close to the Golden Gate Bridge. In recent 
years, however, there have been increasingly common observations of 
harbor porpoises in central, north, and south San Francisco Bay. 
Porpoise activity inside San Francisco Bay is thought to be related to 
foraging and mating behaviors (Keener 2011; Duffy 2015). According to 
observations by the Golden Gate Cetacean Research team as part of their 
multi-year assessment, over 100

[[Page 29504]]

porpoises may be seen at one time entering San Francisco Bay; and over 
600 individual animals are documented in a photo-ID database. However, 
sightings are concentrated in the vicinity of the Golden Gate Bridge 
and Angel Island, north of the project area, with lesser numbers 
sighted south of Alcatraz and west of Treasure Island (Keener 2011). 
Harbor porpoise generally travel individually or in small groups of two 
or three (Sekiguchi 1995).
    Monitoring of marine mammals in the vicinity of the SFOBB has been 
ongoing for 15 years; from those data, Caltrans has produced an 
estimated at-sea density for harbor porpoise of 0.021 animal per square 
kilometer (Caltrans 2016). However, this estimate would be an 
overestimate of what would actually be seen in the project area since 
it is a smaller area than the monitoring area of SFOBB. In order to 
estimate a more realistic take number, we assume it is possible that a 
small group of individuals (five harbor porpoises) may enter the Level 
B harassment area on as many as two days of pile driving or removal, 
for a total of ten harbor porpoise takes per year (Table 9). It is 
possible that harbor porpoise may enter the Level A harassment zone for 
high frequency cetaceans; however, 2 MMOs will be monitoring the area 
and WETA would implement a shutdown for the entire zone if a harbor 
porpoise (or any other marine mammal) approaches the Level A zone; 
therefore Level A take is not being requested, nor authorized for this 
species.
Gray Whale
    Historically, gray whales were not common in San Francisco Bay. The 
Oceanic Society has tracked gray whale sightings since they began 
returning to San Francisco Bay regularly in the late 1990s. The Oceanic 
Society data show that all age classes of gray whales are entering San 
Francisco Bay, and that they enter as singles or in groups of up to 
five individuals. However, the data do not distinguish between 
sightings of gray whales and number of individual whales (Winning 
2008). Caltrans Richmond-San Rafael Bridge project monitors recorded 12 
living and two dead gray whales in the surveys performed in 2012. All 
sightings were in either the central or north Bay; and all but two 
sightings occurred during the months of April and May. One gray whale 
was sighted in June, and one in October (the specific years were 
unreported). It is estimated that two to six gray whales enter San 
Francisco Bay in any given year. Because construction activities are 
only occurring during a maximum of 22 days in 2017, it is estimated 
that two gray whales may potentially enter the area during the 
construction period, for a total of 2 gray whale takes in 2017 (Table 
9).
Bottlenose Dolphin
    Since the 1982-83 El Ni[ntilde]o, which increased water 
temperatures off California, bottlenose dolphins have been consistently 
sighted along the central California coast (Carretta et al., 2008). The 
northern limit of their regular range is currently the Pacific coast 
off San Francisco and Marin County, and they occasionally enter San 
Francisco Bay, sometimes foraging for fish in Fort Point Cove, just 
east of the Golden Gate Bridge. Members of this stock are transient and 
make movements up and down the coast, and into some estuaries, 
throughout the year. Bottlenose dolphins are being observed in San 
Francisco bay more frequently in recent years (TMMC, personal 
communication). Groups with an average group size of five animals enter 
the bay and occur near Yerba Buena Island once per week for a two week 
stint and then depart the bay (TMMC, personal communication). Assuming 
groups of five individuals may enter San Francisco Bay approximately 
three times during the construction activities, and may enter the 
ensonified area once per week over the two week stint, for a total of 
30 takes of bottlenose dolphins. Additionally, in the summer of 2015, a 
lone bottlenose dolphin was seen swimming in the Oyster Point area of 
South San Francisco (GGCR 2016). We estimate that this lone bottlenose 
dolphin may be present in the project area each day of construction, an 
additional 22 takes. The 30 takes for a small group, and the 22 takes 
for the lone bottlenose dolphin equate to 52 bottlenose dolphin takes 
for 2017 (Table 9).

                                                  Table 9--Calculations for Incidental Take Estimation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Estimated take by Level B harassment
                                                   Number of  ------------------------------------------------------------------------------------------
           Pile type            Pile-driver type    driving                                Northern      Harbor                   Northern
                                                      days     Harbor seal  CA sea lion    elephant     porpoise    Gray whale    fur seal    Bottlenose
                                                                                \1\        seal \2\       \2\          \2\          \2\        dolphin
--------------------------------------------------------------------------------------------------------------------------------------------------------
42-in steel pile..............  Vibratory \3\...            8           77           35           NA           NA           NA           NA            8
36-in steel...................  Vibratory \3\...            3          206           93           NA           NA           NA           NA            3
24-in steel piles.............  Vibratory \3\...            3           57           13           NA           NA           NA           NA            3
14-in steel H pile............  Vibratory.......            8          127            7           NA           NA           NA           NA            8
                                                 -------------------------------------------------------------------------------------------------------
Project Total (2017)..........  ................           22          467   [supcaret]       \2\ 18       \2\ 10        \2\ 2       \2\ 10         * 52
                                                                                    149
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ To account for potential El Ni[ntilde]o conditions, take calculated from at-sea densities for California sea lion has been increased by a factor of
  10.
\2\ Take is not calculated by activity type for these species with a low potential to occur, only a yearly total is given.
\3\ Piles of this type may also be installed with an impact hammer, which would reduce the estimated take.
* Total take includes an additional 30 takes to account for a transitory group of dolphins that may occur in the project area over the course of the
  project.
[supcaret] Total take number is 149, not 148 because we round at the end, whereas here, it shows rounding per day.

Proposed Mitigation

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

[[Page 29505]]

for taking for certain subsistence uses (latter not applicable for this 
action). NMFS regulations require applicants for incidental take 
authorizations to include information about the availability and 
feasibility (economic and technological) of equipment, methods, and 
manner of conducting such activity or other means of effecting the 
least practicable adverse impact upon the affected species or stocks 
and their habitat (50 CFR 216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully balance two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat--
which considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range), as well as the likelihood that 
the measure will be effective if implemented; and the likelihood of 
effective implementation, and;
    (2) the practicability of the measures for applicant 
implementation, which may consider such things as cost, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    Measurements from similar pile driving events were coupled with 
practical spreading loss to estimate zones of influence (ZOI; see 
Estimated Take by Incidental Harassment); these values were used to 
develop mitigation measures for pile driving and removal activities at 
the Project area. The ZOIs effectively represent the mitigation zone 
that would be established around each pile to prevent Level A 
harassment to marine mammals, while providing estimates of the areas 
within which Level B harassment might occur. In addition to the 
specific measures described later in this section, WETA would conduct 
briefings between construction supervisors and crews, marine mammal 
monitoring team, and WETA staff prior to the start of all pile driving 
activity, and when new personnel join the work, in order to explain 
responsibilities, communication procedures, marine mammal monitoring 
protocol, and operational procedures.

Monitoring and Shutdown for Construction Activities

    The following measures would apply to WETA's mitigation through 
shutdown and disturbance zones:
    Shutdown Zone--For all pile driving activities, WETA will establish 
a shutdown zone intended to contain the area in which SPLs equal or 
exceed the auditory injury criteria for cetaceans and pinnipeds. The 
purpose of a shutdown zone is to define an area within which shutdown 
of activity would occur upon sighting of a marine mammal (or in 
anticipation of an animal entering the defined area), thus preventing 
injury of marine mammals (as described previously under Potential 
Effects of the Specified Activity on Marine Mammals, serious injury or 
death are unlikely outcomes even in the absence of mitigation 
measures). Modeled radial distances for shutdown zones are shown in 
Table 5. However, a minimum shutdown zone of 30 m will be established 
during all pile driving activities, regardless of the estimated zone.
    Disturbance Zone--Disturbance zones are the areas in which SPLs 
equal or exceed 160 and 120 dB rms (for impulse and continuous sound, 
respectively). Disturbance zones provide utility for monitoring 
conducted for mitigation purposes (i.e., shutdown zone monitoring) by 
establishing monitoring protocols for areas adjacent to the shutdown 
zones. Monitoring of disturbance zones enables observers to be aware of 
and communicate the presence of marine mammals in the project area but 
outside the shutdown zone and thus prepare for potential shutdowns of 
activity. However, the primary purpose of disturbance zone monitoring 
is for documenting instances of Level B harassment; disturbance zone 
monitoring is discussed in greater detail later (see Proposed 
Monitoring and Reporting). Nominal radial distances for disturbance 
zones are shown in Table 6.
    Given the size of the disturbance zone for vibratory pile driving, 
it is impossible to guarantee that all animals would be observed or to 
make comprehensive observations of fine-scale behavioral reactions to 
sound, and only a portion of the zone (e.g., what may be reasonably 
observed by visual observers stationed within the turning basin) would 
be observed. In order to document observed instances of harassment, 
monitors record all marine mammal observations, regardless of location. 
The observer's location, as well as the location of the pile being 
driven, is known from a GPS. The location of the animal is estimated as 
a distance from the observer, which is then compared to the location 
from the pile. It may then be estimated whether the animal was exposed 
to sound levels constituting incidental harassment on the basis of 
predicted distances to relevant thresholds in post-processing of 
observational and acoustic data, and a precise accounting of observed 
incidences of harassment created. This information may then be used to 
extrapolate observed takes to reach an approximate understanding of 
actual total takes.
    Monitoring Protocols--Monitoring would be conducted before, during, 
and after pile driving and vibratory removal activities. In addition, 
observers shall record all instances of marine mammal occurrence, 
regardless of distance from activity, and shall document any behavioral 
reactions in concert with distance from piles being driven. 
Observations made outside the shutdown zone will not result in 
shutdown; that pile segment would be completed without cessation, 
unless the animal approaches or enters the shutdown zone, at which 
point all pile driving activities would be halted. Monitoring will take 
place from 30 minutes prior to initiation through thirty minutes post-
completion of pile driving and removal activities. Pile driving 
activities include the time to install or remove a single pile or 
series of piles, as long as the time elapsed between uses of the pile 
driving equipment is no more than 30 minutes. Please see the Monitoring 
Plan (www.nmfs.noaa.gov/pr/permits/incidental/construction.htm), 
developed by WETA in agreement with NMFS, for full details of the 
monitoring protocols.
    The following additional measures apply to visual monitoring:
    (1) Monitoring will be conducted by qualified observers, who will 
be placed at the best vantage point(s) practicable to monitor for 
marine mammals and implement shutdown/delay procedures when applicable 
by calling for the shutdown to the hammer operator. A minimum of two 
observers will be required for all pile driving/removal activities. 
Marine Mammal Observer (MMO) requirements for construction actions are 
as follows:
    (a) Independent observers (i.e., not construction personnel) are 
required;
    (b) At least one observer must have prior experience working as an 
observer;
    (c) Other observers (that do not have prior experience) may 
substitute education (undergraduate degree in biological science or 
related field) or training for experience;
    (d) Where a team of three or more observers are required, one 
observer

[[Page 29506]]

should be designated as lead observer or monitoring coordinator. The 
lead observer must have prior experience working as an observer; and
    (e) NMFS will require submission and approval of observer CVs.
    (2) Qualified MMOs are trained biologists, and need the following 
additional minimum qualifications:
    (a) Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance; use of binoculars 
may be necessary to correctly identify the target;
    (b) Ability to conduct field observations and collect data 
according to assigned protocols;
    (c) Experience or training in the field identification of marine 
mammals, including the identification of behaviors;
    (d) Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    (e) Writing skills sufficient to prepare a report of observations 
including but not limited to the number and species of marine mammals 
observed; dates and times when in-water construction activities were 
conducted; dates and times when in-water construction activities were 
suspended to avoid potential incidental injury from construction sound 
of marine mammals observed within a defined shutdown zone; and marine 
mammal behavior; and
    (f) 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.
    (3) Prior to the start of pile driving activity, the shutdown zone 
will be monitored for thirty minutes to ensure that it is clear of 
marine mammals. Pile driving will only commence once observers have 
declared the shutdown zone clear of marine mammals; animals will be 
allowed to remain in the shutdown zone (i.e., must leave of their own 
volition) and their behavior will be monitored and documented. The 
shutdown zone may only be declared clear, and pile driving started, 
when the entire shutdown zone is visible (i.e., when not obscured by 
dark, rain, fog, etc.). In addition, if such conditions should arise 
during impact pile driving that is already underway, the activity would 
be halted.
    (4) If a marine mammal approaches or enters the shutdown zone 
during the course of pile driving operations, activity will be halted 
and delayed until either the animal has voluntarily left and been 
visually confirmed beyond the shutdown zone or fifteen minutes have 
passed without re-detection of small cetaceans and pinnipeds, and 
thirty minutes for gray whales. Monitoring will be conducted throughout 
the time required to drive a pile.
    (5) Using delay and shut-down procedures, if a species for which 
authorization has not been granted (including but not limited to 
Guadalupe fur seals and humpback whales) or if a species for which 
authorization has been granted but the authorized takes are met, 
approaches or is observed within the Level B harassment zone, 
activities will shut down immediately and not restart until the animals 
have been confirmed to have left the area.

Soft Start

    The use of a soft start procedure is believed to provide additional 
protection to marine mammals by warning or providing a chance to leave 
the area prior to the hammer operating at full capacity, and typically 
involves a requirement to initiate sound from the hammer at reduced 
energy followed by a waiting period. This procedure is repeated two 
additional times. It is difficult to specify the reduction in energy 
for any given hammer because of variation across drivers and, for 
impact hammers, the actual number of strikes at reduced energy will 
vary because operating the hammer at less than full power results in 
``bouncing'' of the hammer as it strikes the pile, resulting in 
multiple ``strikes.'' For impact driving, we require an initial set of 
three strikes from the impact hammer at reduced energy, followed by a 
30-second waiting period, then two subsequent 3 strike sets. Soft start 
will be required at the beginning of each day's impact pile driving 
work and at any time following a cessation of impact pile driving of 30 
minutes or longer.

Sound Attenuation Devices

    Two types of sound attenuation devices would be used during impact 
pile-driving: Bubble curtains and pile cushions. WETA would employ the 
use of a bubble curtain during impact pile-driving, which is assumed to 
reduce the source level by 10 dB. WETA would also employ the use of 12-
inch-thick wood cushion block on impact hammers to attenuate underwater 
sound levels.
    We have carefully evaluated WETA's proposed mitigation measures and 
considered their effectiveness in past implementation to preliminarily 
determine whether they are likely to effect the least practicable 
impact on the affected marine mammal species and stocks and their 
habitat.
    Any mitigation measure(s) we prescribe should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed below:
    (1) Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal);
    (2) A reduction in the number (total number or number at 
biologically important time or location) of individual marine mammals 
exposed to stimuli expected to result in incidental take (this goal may 
contribute to 1, above, or to reducing takes by behavioral harassment 
only);
    (3) A reduction in the number (total number or number at 
biologically important time or location) of times any individual marine 
mammal would be exposed to stimuli expected to result in incidental 
take (this goal may contribute to 1, above, or to reducing takes by 
behavioral harassment only);
    (4) A reduction in the intensity of exposure to stimuli expected to 
result in incidental take (this goal may contribute to 1, above, or to 
reducing the severity of behavioral harassment only);
    (5) Avoidance or minimization of adverse effects to marine mammal 
habitat, paying particular attention to the prey base, blockage or 
limitation of passage to or from biologically important areas, 
permanent destruction of habitat, or temporary disturbance of habitat 
during a biologically important time; and
    (6) For monitoring directly related to mitigation, an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of WETA's proposed measures, as well as any 
other potential measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on marine mammal species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of

[[Page 29507]]

accomplishing the necessary monitoring and reporting that will result 
in increased knowledge of the species and of the level of taking or 
impacts on populations of marine mammals that are expected to be 
present in the proposed action area. Effective reporting is critical to 
both compliance and 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 in action area (e.g., 
presence, abundance, distribution, density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual 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) 
population, species, or stock;
     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.
    WETA's proposed monitoring and reporting is also described in their 
Marine Mammal Monitoring Plan, on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Visual Marine Mammal Observations

    WETA will collect sighting data and behavioral responses to 
construction for marine mammal species observed in the region of 
activity during the period of activity. All marine mammal observers 
(MMOs) will be trained in marine mammal identification and behaviors 
and are required to have no other construction-related tasks while 
conducting monitoring. A minimum of two MMOs will be required for all 
pile driving/removal activities. WETA will monitor the shutdown zone 
and disturbance zone before, during, and after pile driving, with 
observers located at the best practicable vantage points. Based on our 
requirements, WETA would implement the following procedures for pile 
driving and removal:
     MMOs would be located at the best vantage point(s) in 
order to properly see the entire shutdown zone and as much of the 
disturbance zone as possible;
     During all observation periods, observers will use 
binoculars and the naked eye to search continuously for marine mammals;
     If the shutdown zones are obscured by fog or poor lighting 
conditions, pile driving at that location will not be initiated until 
that zone is visible. Should such conditions arise while impact driving 
is underway, the activity would be halted; and
     The shutdown and disturbance zones around the pile will be 
monitored for the presence of marine mammals before, during, and after 
any pile driving or removal activity.
    Individuals implementing the monitoring protocol will assess its 
effectiveness using an adaptive approach. The monitoring biologists 
will use their best professional judgment throughout implementation and 
seek improvements to these methods when deemed appropriate. Any 
modifications to protocol will be coordinated between NMFS and WETA.
    In additions, the MMO(s) will survey the potential Level A and 
nearby Level B harassment zones (areas within approximately 2,000 feet 
of the pile-driving area observable from the shore) on 2 separate 
days--no earlier than 7 days before the first day of construction--to 
establish baseline observations. Special attention will be given to the 
harbor seal haul-out sites in proximity to the project (i.e., the 
harbor seal platform and Breakwater Island). Monitoring will be timed 
to occur during various tides (preferably low and high tides) during 
daylight hours from locations that provide the best vantage point 
available, including the pier, breakwater, and adjacent docks within 
the harbor. The information collected from baseline monitoring will be 
used for comparison with results of monitoring during pile-driving 
activities.

Data Collection

    We require that observers use approved data forms. Among other 
pieces of information, WETA will record detailed information about any 
implementation of shutdowns, including the distance of animals to the 
pile and description of specific actions that ensued and resulting 
behavior of the animal, if any. In addition, WETA will attempt to 
distinguish between the number of individual animals taken and the 
number of incidences of take. We require that, at a minimum, the 
following information be collected on the sighting forms:
     Date and time that monitored activity begins or ends;
     Construction activities occurring during each observation 
period;
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel, and if possible, 
the correlation to SPLs;
     Distance from pile driving or removal activities to marine 
mammals and distance from the marine mammals to the observation point;
     Description of implementation of mitigation measures 
(e.g., shutdown or delay);
     Locations of all marine mammal observations; and
     Other human activity in the area.

Hydroacousting Monitoring

    The monitoring will be done in accordance with the methodology 
outlined in this Hydroacoustic Monitoring Plan (see Appendix B of 
WETA's application for more information on this Plan, including the 
methodology, equipment, and reporting information). The monitoring is 
based on dual metric criteria that will include: The following:
     Establish the distance to the 206-dB peak sound pressure 
criteria;
     Verify the extent of Level A harassment zones for marine 
mammals; and
     Verify the attenuation provided by bubble curtains.
     Provide all monitoring data to NMFS.

Reporting

    A draft report would be submitted to NMFS within 90 days of the 
completion of marine mammal monitoring, or sixty days prior to the 
requested date of issuance of any future IHA for projects at the same 
location, whichever comes first. The report will include marine mammal 
observations pre-activity, during-activity, and post-activity during 
pile driving and removal days, and will also provide descriptions of 
any behavioral responses to construction activities by marine mammals 
and a complete description of all mitigation

[[Page 29508]]

shutdowns and the results of those actions and an extrapolated total 
take estimate based on the number of marine mammals observed during the 
course of construction. A final report must be submitted within 30 days 
following resolution of comments on the draft report.

Negligible Impact Analysis and Determinations

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    Pile driving and removal activities associated with the facility 
construction project, as outlined previously, have the potential to 
disturb or displace marine mammals. Specifically, the specified 
activities may result in take, in the form of Level A and Level B 
harassment (PTS and behavioral disturbance), from underwater sounds 
generated from pile driving and removal. Potential takes could occur if 
individuals of these species are present in the ensonified zone when 
pile driving and removal occurs.
    No injury, serious injury, or mortality is anticipated given the 
nature of the activities and measures designed to minimize the 
possibility of injury to marine mammals. The potential for these 
outcomes is minimized through the construction method and the 
implementation of the planned mitigation measures. Specifically, 
vibratory hammers will be the primary method of installation (impact 
driving is included only as a contingency). Impact pile driving 
produces short, sharp pulses with higher peak levels and much sharper 
rise time to reach those peaks. If impact driving is necessary, 
implementation of soft start and shutdown zones significantly reduces 
any possibility of injury. Given sufficient ``notice'' through use of 
soft start (for impact driving), marine mammals are expected to move 
away from a sound source that is annoying prior to it becoming 
potentially injurious. WETA will also employ the use of 12-inch-thick 
wood cushion block on impact hammers, and a bubble curtain as sound 
attenuation devices. Environmental conditions at Alameda Point mean 
that marine mammal detection ability by trained observers is high, 
enabling a high rate of success in implementation of shutdowns to avoid 
injury.
    WETA's proposed activities are localized and of relatively short 
duration (a maximum of 22 days for pile driving and removal). The 
entire project area is limited to the Central Bay operations and 
maintenance facility area and its immediate surroundings. These 
localized and short-term noise exposures may cause short-term 
behavioral modifications in harbor seals, northern fur seals, northern 
elephant seals, California sea lions, harbor porpoises, bottlenose 
dolphins, and gray whales. Moreover, the proposed mitigation and 
monitoring measures are expected to reduce the likelihood of injury and 
behavior exposures. Additionally, no important feeding and/or 
reproductive areas for marine mammals are known to be within the 
ensonified area during the construction time frame.
    The project also is not expected to have significant adverse 
effects on affected marine mammals' habitat. The project activities 
would not modify existing marine mammal habitat for a significant 
amount of time. The activities may cause some fish to leave the area of 
disturbance, thus temporarily impacting marine mammals' foraging 
opportunities in a limited portion of the foraging range. However, 
because of the short duration of the activities and the relatively 
small area of the habitat that may be affected, the impacts to marine 
mammal habitat are not expected to cause significant or long-term 
negative consequences.
    Effects on individuals that are taken by Level B harassment, on the 
basis of reports in the literature as well as monitoring from other 
similar activities, will likely be limited to reactions such as 
increased swimming speeds, increased surfacing time, or decreased 
foraging (if such activity were occurring) (e.g., Thorson and Reyff 
2006; Lerma 2014). Most likely, individuals will simply move away from 
the sound source and be temporarily displaced from the areas of pile 
driving, although even this reaction has been observed primarily only 
in association with impact pile driving. 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. For harbor seals that may transit through the 
ensonified area to get to their haul out located approximately 300 m 
from the project area, Level A harassment may occur. However, harbor 
seals are not expected to be in the injurious ensonified area for long 
periods of time; therefore, the potential for those seals to actually 
have PTS is considered unlikely.
    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect the species or stock 
through effects on annual rates of recruitment or survival:
     No mortality or serious injury is anticipated or 
authorized;
     Level B harassment may consist of, at worst, temporary 
modifications in behavior (e.g. temporary avoidance of habitat or 
changes in behavior);
     The lack of important feeding, pupping, or other areas in 
the action area;
     The high level of ambient noise already in the Alameda 
Point area; and
     The small percentage of the stock that may be affected by 
project activities (<11.479 percent for all species).
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from WETA's construction activities will have a negligible 
impact on the 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

[[Page 29509]]

for specified activities other than military readiness activities. The 
MMPA does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. Additionally, other qualitative 
factors may be considered in the analysis, such as the temporal or 
spatial scale of the activities.
    Table 10 details the number of instances that animals could be 
exposed to received noise levels that could cause Level B behavioral 
harassment for the proposed work at the project site relative to the 
total stock abundance. The numbers of animals authorized to be taken 
for all species would be considered small relative to the relevant 
stocks or populations even if each estimated instance of take occurred 
to a new individual--an extremely unlikely scenario. The total percent 
of the population (if each instance was a separate individual) for 
which take is requested is approximately 1.5 percent for harbor seals, 
approximately 11 percent for bottlenose dolphins, and less than 1 
percent for all other species (Table 10). For pinnipeds, especially 
harbor seals occurring in the vicinity of the project area, there will 
almost certainly be some overlap in individuals present day-to-day, and 
the number of individuals taken is expected to be notably lower.
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

          Table 10--Estimated Numbers and Percentage of Stock That May Be Exposed to Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                                                     Proposed        Stock(s)      Percentage of
                             Species                                authorized       abundance      total stock
                                                                       takes       estimate \1\      (percent)
----------------------------------------------------------------------------------------------------------------
Harbor Seal (Phoca vitulina) California stock...................             467          30,968             1.5
California sea lion (Zalophus californianus) U.S. Stock.........             149         296,750            0.05
Northern elephant seal (Mirounga angustirostris) California                   18         179,000           0.010
 breeding stock.................................................
Northern fur seal (Callorhinus ursinus) California stock........              10          14,050           0.071
Harbor Porpoise (Phocoena phocoena) San Francisco-Russian River               10           9,886           0.101
 Stock..........................................................
Gray whale (Eschrichtius robustus) Eastern North Pacific stock..               2          20,990           0.009
Bottlenose dolphin (Tursiops truncatus) California coastal stock              52             453          11.479
----------------------------------------------------------------------------------------------------------------
\1\ All stock abundance estimates presented here are from the 2015 Pacific Stock Assessment Report.

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)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally, in this case with the West Coast regional 
Protected Resources Division Office, whenever we propose to authorize 
take for endangered or threatened species.
    No incidental take of ESA-listed marine mammal species is proposed 
for authorization or expected to result from these activities. 
Therefore, NMFS has determined that formal consultation under section 7 
of the ESA is not required for this action.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to WETA for conducting their Central Bay Operations and 
Maintenance Facility Project, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated. 
This section contains a draft of the IHA itself. The wording contained 
in this section is proposed for inclusion in the IHA (if issued).
    1. This Incidental Harassment Authorization (IHA) is valid for 1 
year from August 1, 2017 through July 31, 2018.
    2. This IHA is valid only for pile driving and removal activities 
associated with the Central Bay Operations and Maintenance Facility 
Project in San Francisco Bay, CA.
    3. General Conditions.
    (a) A copy of this IHA must be in the possession of WETA, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    (b) The species authorized for taking are summarized in Table 1.
    (c) The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b). See Table 1 for numbers of take 
authorized.

                    Table 1--Authorized Take Numbers
------------------------------------------------------------------------
                                                  Authorized take
                 Species                 -------------------------------
                                              Level A         Level B
------------------------------------------------------------------------
Harbor seal.............................              18             467
California sea lion.....................               0             149
Northern elephant seal..................               0              18
Northern fur seal.......................               0              10
Harbor porpoise.........................               0              10
Gray whale..............................               0               2

[[Page 29510]]

 
Bottlenose dolphin......................               0              52
------------------------------------------------------------------------

    (d) The taking by injury (Level A harassment), serious injury, or 
death of the species listed in condition 3(b) of the Authorization or 
any taking of any other species of marine mammal is prohibited and may 
result in the modification, suspension, or revocation of this IHA, 
unless authorization of take by Level A harassment is listed in 
condition 3(b) of this Authorization.
    (e) WETA shall conduct briefings between construction supervisors 
and crews, marine mammal monitoring team, and WETA staff prior to the 
start of all pile driving and removal activities, and when new 
personnel join the work.
    4. Mitigation Measures.
    The holder of this Authorization is required to implement the 
following mitigation measures.
    (a) For all pile driving and removal, WETA shall implement a 
minimum shutdown zone of 30 m radius around the pile. If a marine 
mammal comes within or approaches the shutdown zone, such operations 
shall cease.
    (b) For in-water heavy machinery work other than pile driving 
(e.g., standard barges, tug boats, barge-mounted excavators, or 
clamshell equipment used to place or remove material), if a marine 
mammal comes within 10 meters, operations shall cease and vessels shall 
reduce speed to the minimum level required to maintain steerage and 
safe working conditions.
    (c) WETA shall establish monitoring locations as described below. 
Please also refer to the Marine Mammal Monitoring Plan (see 
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm).
    i. For all pile driving and removal activities, a minimum of two 
observers shall be deployed, with one positioned to achieve optimal 
monitoring of the shutdown zone and the second positioned to achieve 
optimal monitoring of surrounding waters of Alameda Point and portions 
of San Francisco Bay. If practicable, the second observer should be 
deployed to an elevated position with clear sight lines to the Project 
area.
    ii. These observers shall record all observations of marine 
mammals, regardless of distance from the pile being driven, as well as 
behavior and potential behavioral reactions of the animals. 
Observations near Alameda Point shall be distinguished from those in 
the nearshore waters of San Francisco Bay.
    iii. All observers shall be equipped for communication of marine 
mammal observations amongst themselves and to other relevant personnel 
(e.g., those necessary to effect activity delay or shutdown).
    (d) Monitoring shall take place from thirty minutes prior to 
initiation of pile driving and removal activity through thirty minutes 
post-completion of pile driving and removal activity. In the event of a 
delay or shutdown of activity resulting from marine mammals in the 
shutdown zone, animals shall be allowed to remain in the shutdown zone 
(i.e., must leave of their own volition) and their behavior shall be 
monitored and documented. Monitoring shall occur throughout the time 
required to drive a pile. The shutdown zone must be determined to be 
clear during periods of good visibility (i.e., the entire shutdown zone 
and surrounding waters must be visible to the naked eye).
    (e) If a marine mammal approaches or enters the shutdown zone, all 
pile driving and removal activities at that location shall be halted. 
If pile driving is halted or delayed due to the presence of a marine 
mammal, the activity may not commence or resume until either the animal 
has voluntarily left and been visually confirmed beyond the shutdown 
zone or fifteen minutes have passed without re-detection of small 
cetaceans and pinnipeds and 30 minutes for gray whales.
    (f) Level A and Level B zones may be modified if additional 
hydroacoustic measurements of construction activities have been 
conducted and NMFS has approved of the revised zones.
    (g) Using delay and shut-down procedures, if a species for which 
authorization has not been granted (including but not limited to 
Guadalupe fur seals and humpback whales) or if a species for which 
authorization has been granted but the authorized takes are met, 
approaches or is observed within the Level B harassment zone, 
activities will shut down immediately and not restart until the animals 
have been confirmed to have left the area.
    (h) Monitoring shall be conducted by qualified observers, as 
described in the Monitoring Plan. Trained observers shall be placed 
from the best vantage point(s) practicable to monitor for marine 
mammals and implement shutdown or delay procedures when applicable 
through communication with the equipment operator. Observer training 
must be provided prior to project start and in accordance with the 
monitoring plan, and shall include instruction on species 
identification (sufficient to distinguish the species listed in 3(b)), 
description and categorization of observed behaviors and interpretation 
of behaviors that may be construed as being reactions to the specified 
activity, proper completion of data forms, and other basic components 
of biological monitoring, including tracking of observed animals or 
groups of animals such that repeat sound exposures may be attributed to 
individuals (to the extent possible).
    (i) WETA shall use soft start techniques recommended by NMFS for 
impact pile driving. Soft start requires contractors to provide an 
initial set of strikes at reduced energy, followed by a thirty-second 
waiting period, then two subsequent reduced energy strike sets. Soft 
start shall be implemented at the start of each day's impact pile 
driving and at any time following cessation of impact pile driving for 
a period of thirty minutes or longer.
    (j) Sound attenuation devices--Approved sound attenuation devices 
(e.g. bubble curtain, pile cushion) shall be used during impact pile 
driving operations. WETA shall implement the necessary contractual 
requirements to ensure that such devices are capable of achieving 
optimal performance, and that deployment of the device is implemented 
properly such that no reduction in performance may be attributable to 
faulty deployment.
    (k) Pile driving shall only be conducted during daylight hours.
    5. Monitoring.
    The holder of this Authorization is required to conduct marine 
mammal monitoring during pile driving and removal activities. Marine 
mammal monitoring and reporting shall be conducted in accordance with 
the Monitoring Plan.
    (a) WETA shall collect sighting data and behavioral responses to 
pile driving and removal for marine mammal species

[[Page 29511]]

observed in the region of activity during the period of activity. All 
observers shall be trained in marine mammal identification and 
behaviors, and shall have no other construction-related tasks while 
conducting monitoring.
    (b) For all marine mammal monitoring, the information shall be 
recorded as described in the Monitoring Plan.
    6. Reporting.
    The holder of this Authorization is required to:
    (a) Submit a draft report on all monitoring conducted under the IHA 
within ninety days of the completion of marine mammal monitoring, or 
sixty days prior to the issuance of any subsequent IHA for projects at 
the Project area, whichever comes first. A final report shall be 
prepared and submitted within thirty days following resolution of 
comments on the draft report from NMFS. This report must contain the 
informational elements described in the Monitoring Plan, at minimum 
(see www.nmfs.noaa.gov/pr/permits/incidental/construction.htm), and 
shall also include:
    i. Detailed information about any implementation of shutdowns, 
including the distance of animals to the pile and description of 
specific actions that ensued and resulting behavior of the animal, if 
any.
    ii. Description of attempts to distinguish between the number of 
individual animals taken and the number of incidents of take, such as 
ability to track groups or individuals.
    iii. An estimated total take estimate extrapolated from the number 
of marine mammals observed during the course of construction 
activities, if necessary.
    (b) Reporting injured or dead marine mammals:
    i. In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this IHA, 
such as a serious injury or mortality, WETA shall immediately cease the 
specified activities and report the incident to the Office of Protected 
Resources, NMFS, and the West Coast Regional Stranding Coordinator, 
NMFS. The report must include the following information:
    A. Time and date of the incident;
    B. Description of the incident;
    C. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    D. Description of all marine mammal observations in the 24 hours 
preceding the incident;
    E. Species identification or description of the animal(s) involved;
    F. Fate of the animal(s); and
    G. Photographs or video footage of the animal(s).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with WETA to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. WETA may not resume 
their activities until notified by NMFS.
    ii. In the event that WETA discovers an injured or dead marine 
mammal, and the lead observer determines that the cause of the injury 
or death is unknown and the death is relatively recent (e.g., in less 
than a moderate state of decomposition), WETA shall immediately report 
the incident to the Office of Protected Resources, NMFS, and the West 
Coast Regional Stranding Coordinator, NMFS.
    The report must include the same information identified in 6(b)(i) 
of this IHA. Activities may continue while NMFS reviews the 
circumstances of the incident. NMFS will work with WETA to determine 
whether additional mitigation measures or modifications to the 
activities are appropriate.
    iii. In the event that WETA discovers an injured or dead marine 
mammal, and the lead observer 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, scavenger damage), WETA shall report the incident to the 
Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinator, NMFS, within 24 hours of the discovery. WETA 
shall provide photographs or video footage or other documentation of 
the stranded animal sighting to NMFS.
    7. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein, or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHAs for WETA's Central Bay 
construction activities. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on WETA's request for MMPA authorization.

    Dated: June 23, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-13580 Filed 6-28-17; 8:45 am]
BILLING CODE 3510-22-P



                                                29486                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                projects on the topics of recreational                  mammals incidental to construction                     incidental, but not intentional, taking of
                                                discard mortality, the commercial                       activities as part of its Central Bay                  small numbers of marine mammals by
                                                redfish fishery, and fishing gear                       Operations and Maintenance Facility                    U.S. citizens who engage in a specified
                                                conservation engineering. The                           project. Pursuant to the Marine Mammal                 activity (other than commercial fishing)
                                                Committee will discuss the NCRP                         Protection Act (MMPA), NMFS is                         within a specified geographical region if
                                                network approach to funding research                    requesting public comment on its                       certain findings are made and either
                                                and develop recommendations. The                        proposal to issue an incidental                        regulations are issued or, if the taking is
                                                Committee will also address other                       harassment authorization (IHA) to                      limited to harassment, a notice of a
                                                business as necessary.                                  WETA to incidentally take marine                       proposed authorization is provided to
                                                   Although other non-emergency issues                  mammals, by Level A and Level B                        the public for review.
                                                not on the agenda may come before this                  harassment only, during the specified                     An authorization for incidental
                                                group for discussion, those issues may                  activity. NMFS will consider public                    takings shall be granted if NMFS finds
                                                not be the subject of formal action                     comments prior to making any final                     that the taking will have a negligible
                                                during this meeting. Actions will be                    decision on the issuance of the                        impact on the species or stock(s), will
                                                restricted to those issues specifically                 requested MMPA authorizations and                      not have an unmitigable adverse impact
                                                listed in this notice and any issues                    agency responses will be summarized in                 on the availability of the species or
                                                arising after publication of this notice                the final notice of our decision.                      stock(s) for subsistence uses (where
                                                that require emergency action under                     DATES: Comments and information must                   relevant), and if the permissible
                                                Section 305(c) of the Magnuson-Stevens                  be received no later than July 31, 2017.               methods of taking and requirements
                                                Fishery Conservation and Management                                                                            pertaining to the mitigation, monitoring
                                                                                                        ADDRESSES: Comments on this proposal
                                                Act, provided the public has been                                                                              and reporting of such takings are set
                                                                                                        should be addressed to Jolie Harrison,
                                                notified of the Council’s intent to take                                                                       forth.
                                                                                                        Chief, Permits and Conservation                           NMFS has defined ‘‘negligible
                                                final action to address the emergency.                  Division, Office of Protected Resources,               impact’’ in 50 CFR 216.103 as an impact
                                                Special Accommodations                                  National Marine Fisheries Service.                     resulting from the specified activity that
                                                                                                        Physical comments should be sent to                    cannot be reasonably expected to, and is
                                                  This meeting is physically accessible                 1315 East-West Highway, Silver Spring,
                                                to people with disabilities. Requests for                                                                      not reasonably likely to, adversely affect
                                                                                                        MD 20910, and electronic comments                      the species or stock through effects on
                                                sign language interpretation or other                   should be sent to ITP.mccue@noaa.gov.
                                                auxiliary aids should be directed to                                                                           annual rates of recruitment or survival.
                                                                                                           Instructions: NMFS is not responsible                  The MMPA states that the term ‘‘take’’
                                                Thomas A. Nies, Executive Director, at                  for comments sent by any other method,
                                                (978) 465–0492, at least 5 days prior to                                                                       means to harass, hunt, capture, kill or
                                                                                                        to any other address or individual, or                 attempt to harass, hunt, capture, or kill
                                                the meeting date. This meeting will be                  received after the end of the comment
                                                recorded. Consistent with 16 U.S.C.                                                                            any marine mammal.
                                                                                                        period. Comments received                                 Except with respect to certain
                                                1852, a copy of the recording is                        electronically, including all
                                                available upon request.                                                                                        activities not pertinent here, the MMPA
                                                                                                        attachments, must not exceed a 25-                     defines ‘‘harassment’’ as: Any act of
                                                   Authority: 16 U.S.C. 1801 et seq.                    megabyte file size. Attachments to                     pursuit, torment, or annoyance which (i)
                                                  Dated: June 23, 2017.                                 electronic comments will be accepted in                has the potential to injure a marine
                                                Jeffrey N. Lonergan,
                                                                                                        Microsoft Word or Excel or Adobe PDF                   mammal or marine mammal stock in the
                                                                                                        file formats only. All comments                        wild (Level A harassment); or (ii) has
                                                Acting Deputy Director, Office of Sustainable
                                                Fisheries, National Marine Fisheries Service.
                                                                                                        received are a part of the public record               the potential to disturb a marine
                                                                                                        and will generally be posted online at                 mammal or marine mammal stock in the
                                                [FR Doc. 2017–13620 Filed 6–28–17; 8:45 am]
                                                                                                        www.nmfs.noaa.gov/pr/permits/                          wild by causing disruption of behavioral
                                                BILLING CODE 3510–22–P
                                                                                                        incidental/construction.html without                   patterns, including, but not limited to,
                                                                                                        change. All personal identifying                       migration, breathing, nursing, breeding,
                                                                                                        information (e.g., name, address)                      feeding, or sheltering (Level B
                                                DEPARTMENT OF COMMERCE
                                                                                                        voluntarily submitted by the commenter                 harassment).
                                                National Oceanic and Atmospheric                        may be publicly accessible. Do not
                                                                                                        submit confidential business                           National Environmental Policy Act
                                                Administration
                                                                                                        information or otherwise sensitive or                    To comply with the National
                                                RIN 0648–XF457                                          protected information.                                 Environmental Policy Act of 1969
                                                Takes of Marine Mammals Incidental to                   FOR FURTHER INFORMATION CONTACT:                       (NEPA; 42 U.S.C. 4321 et seq.) and
                                                Specified Activities; Taking Marine                     Laura McCue, Office of Protected                       NOAA Administrative Order (NAO)
                                                Mammals Incidental to the Central Bay                   Resources, NMFS, (301) 427–8401.                       216–6A, NMFS must review our
                                                Operations and Maintenance Facility                     Electronic copies of the applications                  proposed action (i.e., the issuance of an
                                                Project                                                 and supporting documents, as well as a                 incidental harassment authorization)
                                                                                                        list of the references cited in this                   with respect to environmental
                                                AGENCY:  National Marine Fisheries                      document, may be obtained online at:                   consequences on the human
                                                Service (NMFS), National Oceanic and                    www.nmfs.noaa.gov/pr/permits/                          environment.
                                                Atmospheric Administration (NOAA),                      incidental/construction.htm. In case of                  This action is consistent with
                                                Commerce.                                               problems accessing these documents,                    categories of activities identified in CE
                                                                                                                                                               B4 of the Companion Manual for NOAA
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                                                ACTION: Notice; proposed incidental                     please call the contact listed above.
                                                harassment authorization; request for                   SUPPLEMENTARY INFORMATION:                             Administrative Order 216–6A, which do
                                                comments.                                                                                                      not individually or cumulatively have
                                                                                                        Background                                             the potential for significant impacts on
                                                SUMMARY:  NMFS has received a request                     Sections 101(a)(5)(A) and (D) of the                 the quality of the human environment
                                                from the San Francisco Bay Area Water                   MMPA (16 U.S.C. 1361 et seq.) direct                   and for which we have not identified
                                                Emergency Transportation Authority                      the Secretary of Commerce (as delegated                any extraordinary circumstances that
                                                (WETA) for authorization to take marine                 to NMFS) to allow, upon request, the                   would preclude this categorical


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                         29487

                                                exclusion. Accordingly, NMFS has                         Description of the Specified Activity                  pavement stripes. Pier 3 lies to the west
                                                preliminarily determined that the                                                                               of the site, along with the USS Hornet,
                                                                                                         Overview
                                                issuance of the proposed IHA qualifies                                                                          a functioning museum and designated
                                                to be categorically excluded from                          WETA is constructing a Central Bay                   national historic landmark. The United
                                                further NEPA review.                                     Operations and Maintenance Facility to                 States Department of Transportation
                                                                                                         serve as the central San Francisco Bay                 Maritime Administration leases the
                                                   We will review all comments                           base for WETA’s ferry fleet, Operations                property west and north of the site,
                                                submitted in response to this notice                     Control Center (OCC), and Emergency                    including a landside building and
                                                prior to concluding our NEPA process                     Operations Center (EOC). The Project                   several piers from the City of Alameda.
                                                or making a final decision on the IHA                    will provide maintenance services such                 A concrete seawall delineates the
                                                request.                                                 as fueling, engine oil changes,                        southern edge of the landside portion;
                                                                                                         concession supply, and light repair                    the seawall is tilted and cracked, and
                                                Summary of Request
                                                                                                         work for WETA ferry boats operating in                 riprap and broken concrete span the
                                                   On May 3, 2017, NMFS received a                       the central San Francisco Bay. In                      area between the seawall and the water.
                                                request from WETA for an IHA to take                     addition, the project will be the location             Ambient sound levels are not available
                                                marine mammals incidental to pile                        for operational activities of WETA,                    near Alameda Point; however, in this
                                                driving and removal in association with                  including day-to-day management and                    industrial area, ambient sound levels
                                                the Central Bay Operations and                           oversight of services, crew, and                       may exceed 120 dB RMS as a result of
                                                                                                         facilities. In the event of a regional                 the nearly continuous noise from
                                                Maintenance Facility Project (Project) in
                                                                                                         disaster, the facility will also function as           recreational and commercial boat traffic.
                                                Alameda, California. WETA’s request is
                                                                                                         an EOC, serving passengers and
                                                for take of seven species by Level A and                 sustaining water transit service for                   Detailed Description of Activities
                                                Level B harassment. Neither WETA nor                     emergency response and recovery.
                                                NMFS expect mortality to result from                                                                               The second phase of the project
                                                                                                           The first year of the Project included               includes construction of berthing slips
                                                this activity and, therefore, an IHA is                  construction to the landside facility,                 and a system of platforms and access
                                                appropriate.                                             marine facility, berthing floats,                      ramps. In 2017, the project activities
                                                   This is the second year of a 2-year                   gangway, fueling facility, utilities,                  will include both the removal and
                                                project. In-water work associated with                   stormwater drainage, and site access.                  installation of steel piles as summarized
                                                the second year of construction is                       Construction occurred over 4 months in                 in Table 1. Demolition and construction
                                                expected to be completed within 22                       2016 and included seawall construction                 could be completed within 22 days.
                                                days. This proposed IHA is for the                       and floating marina pile removal.
                                                                                                                                                                Structural piles in the water will be
                                                second phase of construction activities                  Dates and Duration                                     driven in place by a diesel impact
                                                (August 1, 2017 through November 30,                       The total project is expected to                     hammer or with a vibratory hammer.
                                                2017). WETA received authorization for                   require a maximum of 22 days of in-                    Vibratory driving is the preferred
                                                take of marine mammals incidental to                     water pile driving. In-water activities                method and will be used unless a pile
                                                these same activities for the first phase                are limited to occurring between August                encounters harder substrate that
                                                of construction in 2016 (80 FR 10060;                    1 and November 30 of any year to                       requires the use of an impact hammer to
                                                February 25, 2015). In addition, similar                 minimize impacts to special-status and                 complete installation. Vibratory driving
                                                construction and pile driving activities                 commercially important fish species, as                would require 200 to 320 seconds of
                                                in San Francisco Bay have been                           established in WETA’s Long-Term                        driving per pile. For impact driving,
                                                authorized by NMFS in the past. These                    Management Strategy. This proposed                     each pile will require approximately
                                                projects include construction activities                 authorization would be effective from                  450 to 600 hammer strikes to put each
                                                at the San Francisco Ferry Terminal (81                  August 1, 2017 through July 31, 2018.                  pile in place. It is estimated that two to
                                                                                                                                                                three piles will be driven per day during
                                                FR 43993, July 6, 2016); Exploratorium                   Specific Geographic Region                             in-water pile-driving operations.
                                                (75 FR 66065, October 27, 2010); Pier 36
                                                                                                           The Central Bay operations and                       Temporary template piles will be
                                                (77 FR 20361, April 4, 2012); and the
                                                                                                         maintenance facility is located at                     installed to guide pile installation.
                                                San Francisco-Oakland Bay Bridge (71                     Alameda Point in San Francisco Bay,                    These template piles will consist of steel
                                                FR 26750, May 8, 2006; 72 FR 25748,                      Alameda, CA (see Figure 1 of WETA’s                    H-piles and would be installed and
                                                August 9, 2007; 74 FR 41684, August 18,                  application). The project site is bounded              extracted using vibratory methods.
                                                2009; 76 FR 7156, February 9, 2011; 78                   on the east by the Bay Trail and an                       A total of 29 steel pipe piles, ranging
                                                FR 2371, January 11, 2013; 79 FR 2421,                   undeveloped park; and on the north by                  from 24 inches to 42 inches in diameter,
                                                January 14, 2014; and 80 FR 43710, July                  a paved open area and West Hornet                      will be driven in 2017; 20 (14-inch) H-
                                                23, 2015). This IHA would be valid from                  Avenue (presently not a public right-of-               piles will temporarily be installed and
                                                August 1, 2017, through July 31, 2018.                   way), which is defined by curbs and                    then removed in 2017 (Table 1).
                                                                            TABLE 1—SUMMARY OF PILE REMOVAL AND INSTALLATION FOR 2017 ACTIVITIES
                                                      Project element             Pile diameter         Pile type                         Method                                 Total number of piles/days

                                                Float Guide Pile Installa-        42 inches .....     Steel Pipe ....   Impact Driver, 600 blows/pile OR     Vibra-       15 piles/8 days (2 piles per day).
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                                                  tion.                                                                   tory Driver, 320 seconds/pile.
                                                Donut Pile Installation .......   36 inches .....     Steel Pipe ....   Impact Driver, 600 blows/pile OR     Vibra-       6 piles/3 days (2 piles per day).
                                                                                                                          tory Driver, 300 seconds/pile.
                                                Dolphin Pile Installation .....   24 inches .....     Steel Pipe ....   Impact Driver, 450 blows/pile OR     Vibra-       8 piles/3 days (3 piles per day).
                                                                                                                          tory Driver, 205 seconds/pile.
                                                Template Pile Installation        14 inches .....     Steel H-piles     Vibratory Driver, 120 seconds/pile    .........   20 piles/days (5 piles per day, installa-
                                                  and Extraction.                                                                                                           tion and extraction).




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                                                29488                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                  Proposed mitigation, monitoring, and                   (Megaptera novaeangliae) may enter                       described in NMFS’s SARs). While no
                                                reporting measures are described in                      San Francisco Bay and find its way into                  mortality is anticipated or authorized
                                                detail later in this document (please see                the project area during construction                     here, PBR and annual serious injury and
                                                Proposed Mitigation and Proposed                         activities, their occurrence is unlikely,                mortality are included here as gross
                                                Monitoring and Reporting).                               since humpback whales very rarely                        indicators of the status of the species
                                                Description of Marine Mammals in the                     enter the San Francisco Bay area. No                     and other threats.
                                                Area of the Specified Activity                           takes are requested for this species, and                   Species that could potentially occur
                                                                                                         a delay and shutdown procedure will be                   in the proposed survey areas, but are not
                                                   There are seven marine mammal                         in effect for this species if observed                   expected to have reasonable potential to
                                                species that may inhabit or may likely                   approaching the Level B harassment                       be harassed by in-water construction,
                                                transit through the waters nearby the                    zone.                                                    are described briefly but omitted from
                                                project area, and are expected to
                                                                                                            Sections 4 and 5 of WETA’s                            further analysis. These include
                                                potentially be taken by the specified
                                                                                                         application summarize available                          extralimital species, which are species
                                                activity. These include the Pacific
                                                                                                         information regarding status and trends,                 that do not normally occur in a given
                                                harbor seal (Phoca vitulina), California
                                                                                                         distribution and habitat preferences,                    area but for which there are one or more
                                                sea lion (Zalophus californianus),
                                                                                                         and behavior and life history, of the                    occurrence records that are considered
                                                northern elephant seal (Mirounga
                                                angustirostris), northern fur seal                       potentially affected species. Additional                 beyond the normal range of the species
                                                (Callorhinus ursinus), harbor porpoise                   information regarding population trends                  (e.g. humpback whales and Guadalupe
                                                (Phocoena phocoena), gray whale                          and threats may be found in NMFS’s                       fur seal). For status of species, we
                                                (Eschrichtius robustus), and bottlenose                  Stock Assessment Reports (SAR;                           provide information regarding U.S.
                                                dolphin (Tursiops truncatus). Multiple                   www.nmfs.noaa.gov/pr/sars/) and more                     regulatory status under the MMPA and
                                                additional marine mammal species may                     general information about these species                  ESA.
                                                occasionally enter the activity area in                  (e.g., physical and behavioral                              Marine mammal abundance estimates
                                                San Francisco Bay but would not be                       descriptions) may be found on NMFS’s                     presented in this document represent
                                                expected to occur in shallow nearshore                   Web site (www.nmfs.noaa.gov/pr/                          the total number of individuals that
                                                waters of the action area. Guadalupe fur                 species/mammals/).                                       make up a given stock or the total
                                                seals (Arctocephalus philippii                              Table 2 lists all species with expected               number estimated within a particular
                                                townsendi) generally do not occur in                     potential for occurrence in San                          study area. NMFS’s stock abundance
                                                San Francisco Bay, however, there have                   Francisco Bay near Alameda Point and                     estimates for most species represent the
                                                been recent sightings of this species due                summarizes information related to the                    total estimate of individuals within the
                                                to an El Niño event. Only single                        population or stock, including potential                 geographic area, if known, that
                                                individuals of this species have                         biological removal (PBR), where known.                   comprises that stock. For some species,
                                                occasionally been sighted inside San                     For taxonomy, we follow Committee on                     this geographic area may extend beyond
                                                Francisco Bay, and their presence near                   Taxonomy (2016). PBR is defined by the                   U.S. waters. All managed stocks in this
                                                the action area is considered unlikely.                  MMPA as the maximum number of                            region are assessed in NMFS’s draft U.S.
                                                No takes are requested for this species,                 animals, not including natural                           Pacific SARs (e.g., NMFS 2016). All
                                                and a shutdown zone will be in effect                    mortalities, that may be removed from a                  values presented in Table 2 are the most
                                                for this species if observed approaching                 marine mammal stock while allowing                       recent available at the time of
                                                the Level B harassment zone. Although                    that stock to reach or maintain its                      publication and are available in the
                                                it is possible that a humpback whale                     optimum sustainable population (as                       draft 2016 SARs (NMFS 2016).

                                                                     TABLE 2—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF ALAMEDA POINT
                                                                                                          ESA/
                                                                                                         MMPA                                                                        Relative occurrence in San
                                                                                                                         Stock abundance (CV, Nmin,                PBR 3
                                                           Species                        Stock          status;                                                                     Francisco Bay; season of
                                                                                                                        most recent abundance survey) 2
                                                                                                        Strategic                                                                            occurrence
                                                                                                         (Y/N) 1

                                                                     Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                Family Phocoenidae (por-
                                                  poises):
                                                    Harbor porpoise        San Fran-                    -; N ........   9,886 (0.51; 6,625; 2011) ...........               66     Common.
                                                      (Phocoena phocoena).   cisco-Rus-
                                                                             sian River.

                                                                     Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                Family Delphinidae (dol-
                                                  phins):
                                                    Bottlenose dolphin 4              California        -; N ........   453 (0.06; 346; 2011) .................             2.4    Rare.
                                                      (Tursiops truncatus).             coastal.
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                                                                     Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                Family Eschrichtiidae:
                                                   Gray whale                         Eastern N.        -; N ........   20,990 (0.05; 20,125; 2011) .......                624     Rare.
                                                      (Eschrichtius                     Pacific.
                                                      robustus).




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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                       29489

                                                            TABLE 2—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF ALAMEDA POINT—Continued
                                                                                                              ESA/
                                                                                                             MMPA                                                                       Relative occurrence in San
                                                                                                                             Stock abundance (CV, Nmin,               PBR 3
                                                           Species                         Stock             status;        most recent abundance survey) 2                             Francisco Bay; season of
                                                                                                            Strategic                                                                           occurrence
                                                                                                             (Y/N) 1

                                                                                          Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

                                                Family Balaenopteridae:
                                                   Humpback whale                     California/Or-  T 5; S .....          1,918 (0.05; 1,876; 2014) ...........              11     Unlikely.
                                                      (Megaptera                        egon/Wash-
                                                      novaeangliae).                    ington stock.

                                                                                                               Order Carnivora—Superfamily Pinnipedia

                                                Family Otariidae (eared
                                                  seals and sea lions):
                                                    California sea lion               U.S. ..............   -; N ........   296,750 (n/a; 153,337; 2011) .....               9,200    Common.
                                                      (Zalophus
                                                      californianus).
                                                    Guadalupe fur seal 5              Mexico to             T; S .......    20,000 (n/a; 15,830; 2010) .........               91     Unlikely.
                                                      (Arctocephalus                   California.
                                                      philippii townsendi).
                                                    Northern fur seal                 California            -; N ........   14,050 (n/a; 7,524; 2013) ...........             451     Unlikely.
                                                      (Callorhinus ursinus).            stock.
                                                    Family Phocidae (ear-
                                                      less seals):
                                                    Harbor seal (Phoca                California ......     -; N ........   30,968 (n/a; 27,348; 2012) .........             1,641    Common; Year-round resident.
                                                      vitulina).
                                                    Northern elephant seal            California            -; N ........   179,000 (n/a; 81,368; 2010) .......              4,882    Rare.
                                                      (Mirounga                         breeding
                                                      angustirostris).                  stock.
                                                   1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
                                                designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality ex-
                                                ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe-
                                                cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                                                   2 CV is coefficient of variation; N
                                                                                      min is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks,
                                                abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is reflected in the
                                                abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate.
                                                   3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re-
                                                moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).
                                                   4 Abundance estimates for these stocks are greater than eight years old and are, therefore, not considered current. PBR is considered unde-
                                                termined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent
                                                abundance estimates and PBR values, as these represent the best available information for use in this document.
                                                   5 The humpback whales considered under the MMPA to be part of this stock could be from any of three different DPSs. In CA, it would be ex-
                                                pected to primarily be whales from the Mexico DPS but could also be whales from the Central America DPS.


                                                  Below, for those species that are likely                   under the MMPA and is not listed under                  Seashore and Golden Gate National
                                                to be taken by the activities described,                     the ESA. PBR is 1,641 animals per year.                 Recreation Area since 1976. Castro
                                                we offer a brief introduction to the                         The average annual rate of incidental                   Rocks and other haulouts in San
                                                species and relevant stock. We also                          commercial fishery mortality (30                        Francisco Bay are part of the regional
                                                provide information regarding                                animals) is less than 10 percent of the                 survey area for this study and have been
                                                population trends and threats, and                           calculated PBR (1,641 animals);                         included in annual survey efforts.
                                                describe any information regarding local                     therefore, fishery mortality is                         Between 2007 and 2012, the average
                                                occurrence.                                                  considered insignificant (Carretta et al.,              number of adults observed ranged from
                                                                                                             2016).                                                  126 to 166 during the breeding season
                                                Harbor Seal
                                                                                                               Although generally solitary in the                    (March through May), and from 92 to
                                                   The Pacific harbor seal is one of five                    water, harbor seals congregate at                       129 during the molting season (June
                                                subspecies of Phoca vitulina, or the                         haulouts to rest, socialize, breed, and                 through July) (Truchinski et al., 2008;
                                                common harbor seal. There are five                           molt. Habitats used as haul-out sites                   Flynn et al., 2009; Codde et al., 2010;
                                                species of harbor seal in the Pacific EEZ:                   include tidal rocks, bayflats, sandbars,                Codde et al., 2011; Codde et al., 2012;
                                                (1) California stock; (2) Oregon/                            and sandy beaches (Zeiner et al., 1990).                Codde and Allen 2015). Marine
                                                Washington coast stock; (3) Washington                       Haul-out sites are relatively consistent                mammal monitoring at multiple
                                                Northern inland waters stock; (4)                            from year-to-year (Kopec and Harvey                     locations inside San Francisco Bay was
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                                                Southern Puget Sound stock; and (5)                          1995), and females have been recorded                   conducted by Caltrans from May 1998 to
                                                Hood Canal stock. Only the California                        returning to their own natal haul-out                   February 2002, and determined that at
                                                stock occurs in the action area and is                       when breeding (Cunningham et al.,                       least 500 harbor seals populate San
                                                analyzed in this document. The current                       2009).                                                  Francisco Bay (Green et al., 2002). This
                                                abundance estimate for this stock is                           Long-term monitoring studies have                     estimate is consistent with previous seal
                                                30,968. This stock is not considered                         been conducted at the largest harbor                    counts in the San Francisco Bay, which
                                                strategic or designated as depleted                          seal colonies in Point Reyes National                   ranged from 524 to 641 seals from 1987


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                                                29490                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                to 1999 (Goals Project 2000). Although                  approximately 1.6 harbor seals per day                 hypotheses meriting further study
                                                harbor seals haul-out at approximately                  were observed within 130 meters of the                 include nutritional stress of pups
                                                20 locations in San Francisco Bay, there                source (i.e., the dredge bucket). The                  resulting from a lack of forage fish
                                                are three locations that serve as primary               increase in seal observations may be due               available to lactating mothers and
                                                locations: Mowry Slough in the south                    to seasonal changes, or may be due to                  unknown disease agents during that
                                                Bay, Corte Madera Marsh and Castro                      increased visitation of the platform as                time period.
                                                Rocks in the north Bay, and Yerba                       more seals became aware and familiar                      In San Francisco Bay, sea lions haul
                                                Buena Island in the central Bay (Grigg                  with the structure that was installed in               out primarily on floating K docks at Pier
                                                2008; Gibble 2011). The main pupping                    June of 2016. Using the higher                         39 in the Fisherman’s Wharf area of the
                                                areas in the San Francisco Bay are at                   (November 2016) average, it is estimated               San Francisco Marina. The Pier 39 haul
                                                Mowry Slough and Castro Rocks                           that up to 18 harbor seals (1.6 seals per              out is approximately 6.5 miles from the
                                                (Caltrans 2012). Pupping season for                     day on 11 anticipated days of impact                   project vicinity. The Marine Mammal
                                                harbor seals in San Francisco Bay spans                 driving) may enter the 130 meter Level                 Center (TMMC) in Sausalito, California
                                                from approximately March 15 through                     A zone during impact pile driving of the               has performed monitoring surveys at
                                                May 31, with pup numbers generally                      42- and 36-in steel piles.                             this location since 1991. A maximum of
                                                peaking in late April or May (Carretta et                  The nearest harbor seal pupping                     1,706 sea lions was seen hauled out
                                                al., 2016). Births of harbor seals have                 location is Yerba Buena Island,                        during one survey effort in 2009 (TMMC
                                                not been observed at Corte Madera                       approximately 4.5 miles from the                       2015). Winter numbers are generally
                                                Marsh and Yerba Buena Island, but a                     project vicinity. Harbor seals use Yerba               over 500 animals (Goals Project 2000).
                                                few pups have been seen at these sites.                 Buena Island year-round, with the                      In August to September, counts average
                                                   Harbor seals occasionally use the                    largest numbers seen during winter                     from 350 to 850 (NMFS 2004). Of the
                                                westernmost tip of Breakwater Island as                 months, when Pacific Herring spawn                     California sea lions observed,
                                                a haul-out site and forage in the                       (Grigg 2008). During marine mammal                     approximately 85 percent were male. No
                                                Breakwater Gap area. The tip is                         monitoring for construction of the new                 pupping activity has been observed at
                                                approximately one mile west of the                      Bay Bridge, harbor seal counts at Yerba                this site or at other locations in the San
                                                project site. Aerial surveys of seal                    Buena Island ranged from zero to a                     Francisco Bay (Caltrans 2012). The
                                                haul-outs conducted in 1995–97 and                      maximum of 188 individuals (Caltrans                   California sea lions usually frequent
                                                incidental counts made during summer                    2012). Higher numbers also occur                       Pier 39 in August after returning from
                                                tern foraging studies conducted in                      during molting and breeding seasons.                   the Channel Islands (Caltrans 2013). In
                                                1984–93 usually counted fewer than 10                   Foraging areas in the vicinity are                     addition to the Pier 39 haul-out,
                                                seals present at any one time. There is                 concentrated between Yerba Buena                       California sea lions haul out on buoys
                                                some evidence that more harbor seals                    Island and Treasure Island, and an area                and similar structures throughout San
                                                have been using the westernmost tip of                  southeast of Yerba Buena Island                        Francisco Bay. They mainly are seen
                                                Breakwater Island in recent years, or                   (Caltrans 2015b).                                      swimming off the San Francisco and
                                                that it is more important as a winter                                                                          Marin shorelines within San Francisco
                                                                                                        California Sea Lion
                                                haul-out. Seventy-three seals were                                                                             Bay, but may occasionally enter the
                                                counted on Breakwater Island in                            California sea lions range all along the            project area to forage.
                                                January 1997, and 20 were observed                      western border of North America. The                      California sea lions have not been
                                                hauled-out on April 4, 1998. A small                    breeding areas of the California sea lion              documented using the Alameda
                                                pup was observed during May 1997;                       are on islands located in southern                     breakwater or haul-out platform, though
                                                however, site characteristics are not                   California, western Baja California, and               it is anticipated that they may
                                                ideal for the island to be a major                      the Gulf of California (Allen and Angliss              occasionally use the structures in
                                                pupping area (USFWS, 1998). Recent                      2015). Although California sea lions                   Alameda Harbor that are known to be
                                                observations indicate that as many as 32                forage and conduct many activities in                  used by harbor seals.
                                                harbor seals irregularly haul out on                    the water, they also use haul-outs.                       Although there is little information
                                                Breakwater Island (Klein 2017).                         California sea lions breed in Southern                 regarding the foraging behavior of the
                                                   WETA constructed a floating haul-out                 California and along the Channel                       California sea lion in the San Francisco
                                                platform to replace the deteriorating                   Islands during the spring. The current                 Bay, they have been observed foraging
                                                dock that hosted hauled out harbor seals                population estimate for California sea                 on a regular basis in the shipping
                                                since 2010, which was removed at the                    lions is 296,750 animals. This species is              channel south of Yerba Buena Island.
                                                project site. This new platform is                      not considered strategic under the                     Foraging grounds have also been
                                                approximately 1,000 feet (305 meters                    MMPA, and is not designated as                         identified for pinnipeds, including sea
                                                (m)) southwest of the project site and                  depleted. This species is also not listed              lions, between Yerba Buena Island and
                                                was constructed in June 2016. Use of the                under the ESA. PBR is 9,200 (Carretta et               Treasure Island, as well as off the
                                                platform by seals has increased steadily                al., 2016). Interactions with fisheries,               Tiburon Peninsula (Caltrans 2001).
                                                since its installation, with as many as 70              boat collisions, human interactions, and
                                                seals observed on the platform at once                  entanglement are the main threats to                   Northern Elephant Seal
                                                (Bay Nature 2017). Volunteer                            this species (Carretta et al., 2016).                     Northern elephant seals breed and
                                                monitoring of harbor seal use of the                       El Niño affects California sea lion                give birth in California (U.S.) and Baja
                                                haul-out platform has been conducted                    populations, with increased                            California (Mexico), primarily on
                                                since its installation. The average                     observations and strandings of this                    offshore islands (Stewart et al., 1994),
                                                                                                        species in the area. Current observations              from December to March (Stewart and
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                                                number of animals hauled out from June
                                                2016 to April 2017 is 15 seals.                         of this species in CA have increased                   Huber 1993). Although movement and
                                                Monitoring during pile driving work in                  significantly over the past few years.                 genetic exchange continues between
                                                September 2016 found that                               Additionally, as a result of the large                 rookeries, most elephant seals return to
                                                approximately 0.5 harbor seal per day                   numbers of sea lion strandings in 2013,                natal rookeries when they start breeding
                                                were observed within 130 meters of the                  NOAA declared an unusual mortality                     (Huber et al., 1991). The California
                                                point source. During dredging                           event (UME). Although the exact causes                 breeding population is now
                                                monitoring in November 2016,                            of this UME are unknown, two                           demographically isolated from the Baja


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                             29491

                                                California population, and is the only                  stocks of northern fur seals are                       Gray Whale
                                                stock to occur near the action area. The                recognized within U.S. waters: an                         Once common throughout the
                                                current abundance estimate for this                     Eastern Pacific stock and a California                 Northern Hemisphere, the gray whale
                                                stock is 179,000 animals, with PBR at                   stock (including San Miguel Island and                 was extinct in the Atlantic by the early
                                                4,882 animals (Carretta et al., 2016). The              the Farallon Islands). Only the                        1700s. Gray whales are now only
                                                population is reported to have grown at                 California breeding stock is considered                commonly found in the North Pacific.
                                                3.8 percent annually since 1988 (Lowry                  here since it is the only stock to occur               Genetic comparisons indicate there are
                                                et al., 2014). Fishery interactions and                 near the action area. The current                      distinct ‘‘Eastern North Pacific’’ (ENP)
                                                marine debris entanglement are the                      abundance estimate for this stock is                   and ‘‘Western North Pacific’’ (WNP)
                                                biggest threats to this species (Carretta et            14,050 and PBR is set at 451 animals                   population stocks, with differentiation
                                                al., 2016). Northern elephant seals are                 (Carretta et al., 2015). This stock has
                                                                                                                                                               in both mitochondrial DNA (mtDNA)
                                                not listed under the Endangered Species                 grown exponentially during the past
                                                                                                                                                               haplotype and microsatellite allele
                                                Act, nor are they designated as depleted,               several years. Interaction with fisheries
                                                                                                                                                               frequencies (LeDuc et al., 2002; Lang et
                                                or considered strategic under the                       remains the top threat to this species
                                                                                                                                                               al., 2011a; Weller et al., 2013). Only the
                                                MMPA.                                                   (Carretta et al., 2015). This stock is not
                                                   Northern elephant seals are common                                                                          ENP stock occurs in the action area and
                                                                                                        considered depleted or classified as
                                                on California coastal mainland and                                                                             is considered in this document. The
                                                                                                        strategic under the MMPA, and is not
                                                island sites where they pup, breed, rest,                                                                      current population estimate for this
                                                                                                        listed under the ESA.
                                                and molt. The largest rookeries are on                                                                         stock is 20,990 animals, with PBR at 624
                                                San Nicolas and San Miguel islands in                   Harbor Porpoise                                        animals (Carretta et al., 2015). The
                                                the Northern Channel Islands. In the                       In the Pacific, harbor porpoise are                 population size of the ENP gray whale
                                                vicinity of San Francisco Bay, elephant                 found in coastal and inland waters from                stock has increased over several decades
                                                seals breed, molt, and haul out at Año                 Point Conception, California to Alaska                 despite an UME in 1999 and 2000 and
                                                Nuevo Island, the Farallon Islands, and                 and across to Kamchatka and Japan                      has been relatively stable since the mid-
                                                Point Reyes National Seashore (Lowry et                 (Gaskin 1984). Harbor porpoise appear                  1990s. Interactions with fisheries, ship
                                                al., 2014). Adults reside in offshore                   to have more restricted movements                      strikes, entanglement in marine debris,
                                                pelagic waters when not breeding or                     along the western coast of the                         and habitat degradation are the main
                                                molting. Northern elephant seals haul                   continental U.S. than along the eastern                concerns for the gray whale population
                                                out to give birth and breed from                        coast. Regional differences in pollutant               (Carretta et al., 2015). This stock is not
                                                December through March, and pups                        residues in harbor porpoise indicate that              listed under the ESA, and is not
                                                remain onshore or in adjacent shallow                   they do not move extensively between                   considered a strategic stock or
                                                water through May, when they may                        California, Oregon, and Washington                     designated as depleted under the
                                                occasionally make brief stops in San                    (Calambokidis and Barlow 1991). That                   MMPA.
                                                Francisco Bay (Caltrans 2015b). The                     study also showed some regional                           Marine Mammal Monitors (MMO)
                                                most recent sighting was in 2012 on the                 differences within California (Allen and               with the Caltrans Richmond-San Rafael
                                                beach at Clipper Cove on Treasure                       Angliss 2014). Of the 10 stocks of                     Bridge project recorded 12 living and
                                                Island, when a healthy yearling                         Pacific harbor porpoise, only the San                  two dead gray whales in the surveys
                                                elephant seal hauled out for                            Francisco-Russian River stock is                       performed in 2012. All sightings were in
                                                approximately one day. Approximately                    considered here since it is the only                   either the central or north Bay; and all
                                                100 juvenile northern elephant seals                    stock to occur near the action area. This              but two sightings occurred during the
                                                strand in San Francisco Bay each year,                  current abundance estimate for this                    months of April and May. One gray
                                                including individual strandings at Yerba                stock is 9,886 animals, with a PBR of 66               whale was sighted in June, and one in
                                                Buena Island and Treasure Island (fewer                 animals (Carretta et al., 2015). Current               October (the specific years were
                                                than 10 strandings per year) (Caltrans                  population trends are not available for                unreported). The Oceanic Society has
                                                2015b). When pups of the year return in                 this stock. The main threats to this stock             tracked gray whale sightings since they
                                                the late summer and fall to haul out at                 include fishery interactions. This stock               began returning to San Francisco Bay
                                                rookery sites, they may also                            is not designated as strategic or                      regularly in the late 1990s. The Oceanic
                                                occasionally make brief stops in San                    considered depleted under the MMPA,                    Society data show that all age classes of
                                                Francisco Bay.                                          and is not listed under the ESA.                       gray whales are entering San Francisco
                                                                                                           In recent years, however, there have                Bay, and that they enter as singles or in
                                                Northern Fur Seal                                       been increasingly common observations                  groups of as many as five individuals.
                                                   Northern fur seals (Callorhinus                      of harbor porpoises in central, north,                 However, the data do not distinguish
                                                ursinus) occur from southern California                 and south San Francisco Bay. According                 between sightings of gray whales and
                                                north to the Bering Sea and west to the                 to observations by the Golden Gate                     number of individual whales (Winning,
                                                Okhotsk Sea and Honshu Island, Japan.                   Cetacean Research team as part of their                2008). It is estimated that two to six gray
                                                During the breeding season,                             multi-year assessment, more than 100                   whales enter San Francisco Bay in any
                                                approximately 74 percent of the                         porpoises may be seen at one time                      given year.
                                                worldwide population is found on the                    entering San Francisco Bay; and more
                                                Pribilof Islands in the southern Bering                 than 600 individual animals are                        Bottlenose Dolphin
                                                Sea, with the remaining animals spread                  documented in a photo-ID database.                       Bottlenose dolphins are distributed
                                                throughout the North Pacific Ocean                      Porpoise activity inside San Francisco                 worldwide in tropical and warm-
                                                (Lander and Kajimura 1982). Of the                      Bay is thought to be related to foraging               temperate waters. In many regions,
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                                                seals in U.S. waters outside of the                     and mating behaviors (Keener 2011;                     including California, separate coastal
                                                Pribilofs, approximately one percent of                 Duffy 2015). Sightings are concentrated                and offshore populations are known
                                                the population is found on Bogoslof                     in the vicinity of the Golden Gate Bridge              (Walker 1981; Ross and Cockcroft 1990;
                                                Island in the southern Bering Sea, San                  and Angel Island, with lesser numbers                  Van Waerebeek et al., 1990). The
                                                Miguel Island off southern California                   sighted south of Alcatraz and west of                  California coastal stock is distinct from
                                                (NMFS 2007), and the Farallon Islands                   Treasure Island (Keener 2011) and near                 the offshore stock based on significant
                                                off central California. Two separate                    the project area.                                      differences in cranial morphology and


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                                                29492                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                genetics, where the two stocks only                     Potential Effects of the Specified                     calculated by squaring all of the sound
                                                share one of 56 haplotypes (Carretta et                 Activity on Marine Mammals and Their                   amplitudes, averaging the squares, and
                                                al., 2016). California coastal bottlenose               Habitat                                                then taking the square root of the
                                                dolphins are found within about one                       This section includes a summary and                  average (Urick 1983). Rms accounts for
                                                kilometer of shore (Hansen 1990;                        discussion of the ways that components                 both positive and negative values;
                                                Carretta et al., 1998; Defran and Weller                of the specified activity (e.g., sound                 squaring the pressures makes all values
                                                1999) from central California south into                produced by pile driving and removal)                  positive so that they may be accounted
                                                Mexican waters, at least as far south as                may impact marine mammals and their                    for in the summation of pressure levels
                                                San Quintin, Mexico, and the area                       habitat. The Estimated Take by                         (Hastings and Popper 2005). This
                                                between Ensenada and San Quintin,                       Incidental Harassment section later in                 measurement is often used in the
                                                Mexico may represent a southern                                                                                context of discussing behavioral effects,
                                                                                                        this document will include a
                                                boundary for the California coastal                                                                            in part because behavioral effects,
                                                                                                        quantitative analysis of the number of
                                                population (Carretta et al., 2016).                                                                            which often result from auditory cues,
                                                                                                        individuals that are expected to be taken
                                                Oceanographic events appear to                                                                                 may be better expressed through
                                                                                                        by this activity. The Negligible Impact
                                                influence the distribution of animals                                                                          averaged units than by peak pressures.
                                                                                                        Analysis section will consider the
                                                along the coasts of California and Baja                                                                           When underwater objects vibrate or
                                                                                                        content of this section, the Estimated
                                                California, Mexico, as indicated by El                                                                         activity occurs, sound-pressure waves
                                                                                                        Take by Incidental Harassment section
                                                Niño events. There are seven stocks of                                                                        are created. These waves alternately
                                                                                                        and the Proposed Mitigation section, to
                                                bottlenose dolphins in the Pacific;                                                                            compress and decompress the water as
                                                                                                        draw conclusions regarding the likely
                                                however, only the California coastal                                                                           the sound wave travels. Underwater
                                                stock may occur in the action area, and                 impacts of these activities on the
                                                                                                        reproductive success or survivorship of                sound waves radiate in all directions
                                                is analyzed in this proposed IHA. The                                                                          away from the source (similar to ripples
                                                current stock abundance estimate for the                individuals and how those impacts on
                                                                                                        individuals are likely to impact marine                on the surface of a pond), except in
                                                California coastal stock is 453 animals,                                                                       cases where the source is directional.
                                                with PBR at 3.3 animals (Carretta et al.,               mammal species or stocks.
                                                                                                                                                               The compressions and decompressions
                                                2016). Pollutant levels in California are               Description of Sound Sources                           associated with sound waves are
                                                a threat to this species, and this stock                                                                       detected as changes in pressure by
                                                                                                           Sound travels in waves, the basic
                                                may be vulnerable to disease outbreaks,                                                                        aquatic life and man-made sound
                                                                                                        components of which are frequency,
                                                particularly morbillivirus (Carretta et                                                                        receptors such as hydrophones.
                                                                                                        wavelength, velocity, and amplitude.
                                                al., 2008). This stock is not listed under                                                                        Even in the absence of sound from the
                                                                                                        Frequency is the number of pressure
                                                the ESA, and is not considered strategic                                                                       specified activity, the underwater
                                                                                                        waves that pass by a reference point per
                                                or designated as depleted under the                                                                            environment is typically loud due to
                                                                                                        unit of time and is measured in hertz
                                                MMPA.                                                                                                          ambient sound. Ambient sound is
                                                   Since the 1982–83 El Niño, which                    (Hz) or cycles per second. Wavelength is
                                                                                                        the distance between two peaks of a                    defined as environmental background
                                                increased water temperatures off
                                                                                                        sound wave; lower frequency sounds                     sound levels lacking a single source or
                                                California, bottlenose dolphins have
                                                                                                        have longer wavelengths than higher                    point (Richardson et al., 1995), and the
                                                been consistently sighted along the
                                                                                                        frequency sounds. Amplitude is the                     sound level of a region is defined by the
                                                central California coast (NMFS 2008).
                                                                                                        height of the sound pressure wave or the               total acoustical energy being generated
                                                The northern limit of their regular range
                                                                                                        ‘loudness’ of a sound and is typically                 by known and unknown sources. These
                                                is currently the Pacific coast off San
                                                Francisco and Marin County, and they                    measured using the decibel (dB) scale.                 sources may include physical (e.g.,
                                                occasionally enter San Francisco Bay,                   A dB is the ratio between a measured                   waves, earthquakes, ice, atmospheric
                                                sometimes foraging for fish in Fort Point               pressure (with sound) and a reference                  sound), biological (e.g., sounds
                                                Cove, just east of the Golden Gate                      pressure (sound at a constant pressure,                produced by marine mammals, fish, and
                                                Bridge, but are most often seen just                    established by scientific standards). It is            invertebrates), and anthropogenic sound
                                                within the Golden Gate when they are                    a logarithmic unit that accounts for large             (e.g., vessels, dredging, aircraft,
                                                present (GGCR, 2016).                                   variations in amplitude; therefore,                    construction). A number of sources
                                                   In the summer of 2015, a lone                        relatively small changes in dB ratings                 contribute to ambient sound, including
                                                bottlenose dolphin was seen swimming                    correspond to large changes in sound                   the following (Richardson et al., 1995):
                                                in the Oyster Point area of South San                   pressure. When referring to sound                         • Wind and waves: The complex
                                                Francisco (GGCR 2016) and west of                       pressure levels (SPLs; the sound force                 interactions between wind and water
                                                Breakwater Island near a navigational                   per unit area), sound is referenced in the             surface, including processes such as
                                                buoy (Perlman 2017). It is believed that                context of underwater sound pressure to                breaking waves and wave-induced
                                                this is the same individual that regularly              1 microPascal (mPa). One pascal is the                 bubble oscillations and cavitation, are a
                                                frequents the area (Perlman 2017). Such                 pressure resulting from a force of one                 main source of naturally occurring
                                                behavior may be considered abnormal                     newton exerted over an area of one                     ambient noise for frequencies between
                                                as bottlenose dolphins almost always                    square meter. The source level (SL)                    200 Hz and 50 kHz (Mitson 1995). In
                                                live in social groups.                                  represents the sound level at a distance               general, ambient sound levels tend to
                                                   Members of the California Coastal                    of 1 m from the source (referenced to 1                increase with increasing wind speed
                                                Stock are transient and make                            mPa). The received level is the sound                  and wave height. Surf noise becomes
                                                movements up and down the coast, and                    level at the listener’s position. Note that            important near shore, with
                                                into some estuaries, throughout the                     all underwater sound levels in this                    measurements collected at a distance of
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                                                year. This stock is highly transitory in                document are referenced to a pressure of               8.5 km from shore showing an increase
                                                nature, and is generally not expected to                1 mPa and all airborne sound levels in                 of 10 dB in the 100 to 700 Hz band
                                                spend extended periods of time in San                   this document are referenced to a                      during heavy surf conditions.
                                                Francisco Bay. Incidental take of this                  pressure of 20 mPa.                                       • Precipitation: Sound from rain and
                                                species is being requested in the rare                     Root mean square (rms) is the                       hail impacting the water surface can
                                                event they are present in San Francisco                 quadratic mean sound pressure over the                 become an important component of total
                                                Bay during pile driving.                                duration of an impulse. Rms is                         noise at frequencies above 500 Hz, and


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                                                                                    Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                                         29493

                                                possibly down to 100 Hz during quiet                              dominated by noise from day-to-day                                 extended in a highly reverberant
                                                times.                                                            port and vessel activities. This is a                              environment.
                                                   • Biological: Marine mammals can                               highly industrialized area with high-use                             Impact hammers operate by
                                                contribute significantly to ambient noise                         from small- to medium-sized vessels,                               repeatedly dropping a heavy piston onto
                                                levels, as can some fish and shrimp. The                          and larger vessels that use the nearby                             a pile to drive the pile into the substrate.
                                                frequency band for biological                                     major shipping channel.                                            Sound generated by impact hammers is
                                                contributions is from approximately 12                               In-water construction activities
                                                Hz to over 100 kHz.                                                                                                                  characterized by rapid rise times and
                                                                                                                  associated with the project would                                  high peak levels, a potentially injurious
                                                   • Anthropogenic: Sources of ambient                            include impact pile driving and
                                                noise related to human activity include                                                                                              combination (Hastings and Popper
                                                                                                                  vibratory pile driving and removal. The                            2005). Vibratory hammers install piles
                                                transportation (surface vessels and                               sounds produced by these activities fall
                                                aircraft), dredging and construction, oil                                                                                            by vibrating them and allowing the
                                                                                                                  into one of two general sound types:                               weight of the hammer to push them into
                                                and gas drilling and production, seismic                          Pulsed and non-pulsed (defined in the
                                                surveys, sonar, explosions, and ocean                                                                                                the sediment. Vibratory hammers
                                                                                                                  following). The distinction between                                produce significantly less sound than
                                                acoustic studies. Shipping noise                                  these two sound types is important
                                                typically dominates the total ambient                                                                                                impact hammers. Peak SPLs may be 180
                                                                                                                  because they have differing potential to
                                                noise for frequencies between 20 and                                                                                                 dB or greater, but are generally 10 to 20
                                                                                                                  cause physical effects, particularly with
                                                300 Hz. In general, the frequencies of                                                                                               dB lower than SPLs generated during
                                                                                                                  regard to hearing (e.g., Ward, 1997 in
                                                anthropogenic sounds are below 1 kHz                                                                                                 impact pile driving of the same-sized
                                                                                                                  Southall et al., 2007). Please see
                                                and, if higher frequency sound levels                                                                                                pile (Oestman et al., 2009). Rise time is
                                                                                                                  Southall et al., (2007) for an in-depth
                                                are created, they attenuate rapidly                                                                                                  slower, reducing the probability and
                                                                                                                  discussion of these concepts.
                                                (Richardson et al., 1995). Sound from                                                                                                severity of injury, and sound energy is
                                                                                                                     Pulsed sound sources (e.g.,
                                                identifiable anthropogenic sources other                                                                                             distributed over a greater amount of
                                                                                                                  explosions, gunshots, sonic booms,
                                                than the activity of interest (e.g., a                                                                                               time (Nedwell and Edwards 2002;
                                                                                                                  impact pile driving) produce signals
                                                passing vessel) is sometimes termed                                                                                                  Carlson et al., 2005).
                                                                                                                  that are brief (typically considered to be
                                                background sound, as opposed to
                                                                                                                  less than one second), broadband, atonal                           Marine Mammal Hearing
                                                ambient sound.
                                                   The sum of the various natural and                             transients (ANSI 1986; Harris 1998;
                                                                                                                  NIOSH 1998; ISO 2003; ANSI 2005) and                                  Hearing is the most important sensory
                                                anthropogenic sound sources at any                                                                                                   modality for marine mammals, and
                                                given location and time—which                                     occur either as isolated events or
                                                                                                                  repeated in some succession. Pulsed                                exposure to sound can have deleterious
                                                comprise ‘‘ambient’’ or ‘‘background’’                                                                                               effects. To appropriately assess these
                                                sound—depends not only on the source                              sounds are all characterized by a
                                                                                                                  relatively rapid rise from ambient                                 potential effects, it is necessary to
                                                levels (as determined by current
                                                                                                                  pressure to a maximal pressure value                               understand the frequency ranges marine
                                                weather conditions and levels of
                                                                                                                  followed by a rapid decay period that                              mammals are able to hear. Current data
                                                biological and shipping activity) but
                                                                                                                  may include a period of diminishing,                               indicate that not all marine mammal
                                                also on the ability of sound to propagate
                                                through the environment. In turn, sound                           oscillating maximal and minimal                                    species have equal hearing capabilities
                                                propagation is dependent on the                                   pressures, and generally have an                                   (e.g., Richardson et al., 1995; Wartzok
                                                spatially and temporally varying                                  increased capacity to induce physical                              and Ketten, 1999; Au and Hastings,
                                                properties of the water column and sea                            injury as compared with sounds that                                2008). To reflect this, Southall et al.
                                                floor, and is frequency-dependent. As a                           lack these features.                                               (2007) recommended that marine
                                                result of the dependence on a large                                  Non-pulsed sounds can be tonal,                                 mammals be divided into functional
                                                number of varying factors, ambient                                narrowband, or broadband, brief or                                 hearing groups based on measured or
                                                sound levels can be expected to vary                              prolonged, and may be either                                       estimated hearing ranges on the basis of
                                                widely over both coarse and fine spatial                          continuous or non-continuous (ANSI                                 available behavioral data, audiograms
                                                and temporal scales. Sound levels at a                            1995; NIOSH 1998). Some of these non-                              derived using auditory evoked potential
                                                given frequency and location can vary                             pulsed sounds can be transient signals                             techniques, anatomical modeling, and
                                                by 10–20 dB from day to day                                       of short duration but without the                                  other data. The lower and/or upper
                                                (Richardson et al., 1995). The result is                          essential properties of pulses (e.g., rapid                        frequencies for some of these functional
                                                that, depending on the source type and                            rise time). Examples of non-pulsed                                 hearing groups have been modified from
                                                its intensity, sound from the specified                           sounds include those produced by                                   those designated by Southall et al.
                                                activity may be a negligible addition to                          vessels, aircraft, machinery operations                            (2007). The marine mammal hearing
                                                the local environment or could form a                             such as drilling or dredging, vibratory                            groups and the associated frequencies
                                                distinctive signal that may affect marine                         pile driving, and active sonar systems                             are indicated below in Table 3 (note that
                                                mammals.                                                          (such as those used by the U.S. Navy).                             these frequency ranges do not
                                                   The underwater acoustic environment                            The duration of such sounds, as                                    necessarily correspond to the range of
                                                near Alameda Point is likely to be                                received at a distance, can be greatly                             best hearing, which varies by species).

                                                                         TABLE 3—MARINE MAMMAL HEARING GROUPS AND THEIR GENERALIZED HEARING RANGE
                                                                                                                                                                                                                             Generalized
                                                                                                                         Hearing group                                                                                      hearing range *
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                                                Low-frequency (LF) cetaceans (baleen whales) ..........................................................................................................................   7 Hz to 35 kHz.
                                                Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...............................................                                 150 Hz to 160 kHz.
                                                High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger and L.                                                     275 Hz to 160 kHz.
                                                  australis).
                                                Phocid pinnipeds (PW) (underwater) (true seals) .......................................................................................................................   50 Hz to 86 kHz.




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                                                29494                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                              TABLE 3—MARINE MAMMAL HEARING GROUPS AND THEIR GENERALIZED HEARING RANGE—Continued
                                                                                                                                                                                                                       Generalized
                                                                                                                       Hearing group                                                                                  hearing range *

                                                Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...................................................................................................   60 Hz to 39 kHz.
                                                  * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’
                                                hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram,
                                                with the exception for lower limits for LF cetaceans (Southall et al., 2007) and PW pinniped (approximation).


                                                   As mentioned previously in this                              effects before providing discussion                                When PTS occurs, there is physical
                                                document, seven marine mammal                                   specific to WETA’s construction                                 damage to the sound receptors in the ear
                                                species (three cetaceans and four                               activities.                                                     (i.e., tissue damage), whereas TTS
                                                pinnipeds) may occur in the project                                Richardson et al., (1995) described                          represents primarily tissue fatigue and
                                                area. Of these three cetaceans, one is                          zones of increasing intensity of effect                         is reversible (Southall et al., 2007). In
                                                classified as a low-frequency cetacean                          that might be expected to occur, in                             addition, other investigators have
                                                (i.e., gray whale), one is classified as a                      relation to distance from a source and                          suggested that TTS is within the normal
                                                mid-frequency cetacean (i.e., bottlenose                        assuming that the signal is within an                           bounds of physiological variability and
                                                dolphin), and one is classified as a high-                      animal’s hearing range. First is the area                       tolerance and does not represent
                                                frequency cetaceans (i.e., harbor                               within which the acoustic signal would                          physical injury (e.g., Ward 1997).
                                                porpoise) (Southall et al., 2007).                              be audible (potentially perceived) to the                       Therefore, NMFS does not consider TTS
                                                Additionally, harbor seals, Northern fur                        animal, but not strong enough to elicit                         to constitute auditory injury.
                                                seals, and Northern elephant seals are                          any overt behavioral or physiological                              Relationships between TTS and PTS
                                                classified as members of the phocid                             response. The next zone corresponds                             thresholds have not been studied in
                                                pinnipeds in water functional hearing                           with the area where the signal is audible                       marine mammals—PTS data exists only
                                                group while California sea lions are                                                                                            for a single harbor seal (Kastak et al.,
                                                                                                                to the animal and of sufficient intensity
                                                grouped under the Otariid pinnipeds in
                                                                                                                to elicit behavioral or physiological                           2008)—but are assumed to be similar to
                                                water functional hearing group. A
                                                                                                                responsiveness. Third is a zone within                          those in humans and other terrestrial
                                                species’ functional hearing group is a
                                                                                                                which, for signals of high intensity, the                       mammals. PTS typically occurs at
                                                consideration when we analyze the
                                                                                                                received level is sufficient to potentially                     exposure levels at least several dB above
                                                effects of exposure to sound on marine
                                                                                                                cause discomfort or tissue damage to                            a 40-dB threshold shift approximates
                                                mammals.
                                                                                                                auditory or other systems. Overlaying                           PTS onset; e.g., Kryter et al., 1966;
                                                Acoustic Impacts                                                these zones to a certain extent is the                          Miller, 1974) that inducing mild TTS (a
                                                   Please refer to the information given                        area within which masking (i.e., when a                         6-dB threshold shift approximates TTS
                                                previously (Description of Sound                                sound interferes with or masks the                              onset; e.g., Southall et al., 2007). Based
                                                Sources) regarding sound,                                       ability of an animal to detect a signal of                      on data from terrestrial mammals, a
                                                characteristics of sound types, and                             interest that is above the absolute                             precautionary assumption is that the
                                                metrics used in this document.                                  hearing threshold) may occur; the                               PTS thresholds for impulse sounds
                                                Anthropogenic sounds cover a broad                              masking zone may be highly variable in                          (such as impact pile driving pulses as
                                                range of frequencies and sound levels                           size.                                                           received close to the source) are at least
                                                and can have a range of highly variable                            We describe the more severe effects                          6 dB higher than the TTS threshold on
                                                impacts on marine life, from none or                            (i.e., permanent hearing impairment,                            a peak-pressure basis and PTS
                                                minor to potentially severe responses,                          certain non-auditory physical or                                cumulative sound exposure level
                                                depending on received levels, duration                          physiological effects) only briefly as we                       thresholds are 15 to 20 dB higher than
                                                of exposure, behavioral context, and                            do not expect that there is a reasonable                        TTS cumulative sound exposure level
                                                various other factors. The potential                            likelihood that WETA’s activities may                           thresholds (Southall et al., 2007). Given
                                                effects of underwater sound from active                         result in such effects (see below for                           the higher level of sound or longer
                                                acoustic sources can potentially result                         further discussion). Marine mammals                             exposure duration necessary to cause
                                                in one or more of the following;                                exposed to high-intensity sound, or to                          PTS as compared with TTS, it is
                                                temporary or permanent hearing                                  lower-intensity sound for prolonged                             considerably less likely that PTS could
                                                impairment, non-auditory physical or                            periods, can experience hearing                                 occur.
                                                physiological effects, behavioral                               threshold shift (TS), which is the loss of                         Non-auditory physiological effects or
                                                disturbance, stress, and masking                                hearing sensitivity at certain frequency                        injuries that theoretically might occur in
                                                (Richardson et al., 1995; Gordon et al.,                        ranges (Kastak et al., 1999; Schlundt et                        marine mammals exposed to high level
                                                2004; Nowacek et al., 2007; Southall et                         al., 2000; Finneran et al., 2002, 2005b).                       underwater sound or as a secondary
                                                al., 2007; Gotz et al., 2009). The degree                       TS can be permanent (PTS), in which                             effect of extreme behavioral reactions
                                                of effect is intrinsically related to the                       case the loss of hearing sensitivity is not                     (e.g., change in dive profile as a result
                                                signal characteristics, received level,                         fully recoverable, or temporary (TTS), in                       of an avoidance reaction) caused by
                                                distance from the source, and duration                          which case the animal’s hearing                                 exposure to sound include neurological
                                                of the sound exposure. In general,                              threshold would recover over time                               effects, bubble formation, resonance
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                                                sudden, high level sounds can cause                             (Southall et al., 2007). Repeated sound                         effects, and other types of organ or
                                                hearing loss, as can longer exposures to                        exposure that leads to TTS could cause                          tissue damage (Cox et al., 2006; Southall
                                                lower level sounds. Temporary or                                PTS. In severe cases of PTS, there can                          et al., 2007; Zimmer and Tyack 2007).
                                                permanent loss of hearing will occur                            be total or partial deafness, while in                          WETA’s activities do not involve the
                                                almost exclusively for noise within an                          most cases the animal has an impaired                           use of devices such as explosives or
                                                animal’s hearing range. We first describe                       ability to hear sounds in specific                              mid-frequency active sonar that are
                                                specific manifestations of acoustic                             frequency ranges (Kryter 1985).                                 associated with these types of effects.


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                            29495

                                                   When a live or dead marine mammal                    harbor seal, and California sea lion)                  more generally, moderation in response
                                                swims or floats onto shore and is                       exposed to a limited number of sound                   to human disturbance (Bejder et al.,
                                                incapable of returning to sea, the event                sources (i.e., mostly tones and octave-                2009). The opposite process is
                                                is termed a ‘‘stranding’’ (16 U.S.C.                    band noise) in laboratory settings (e.g.,              sensitization, when an unpleasant
                                                1421h(3)). Marine mammals are known                     Finneran et al., 2002; Nachtigall et al.,              experience leads to subsequent
                                                to strand for a variety of reasons, such                2004; Kastak et al., 2005; Lucke et al.,               responses, often in the form of
                                                as infectious agents, biotoxicosis,                     2009; Popov et al., 2011). In general,                 avoidance, at a lower level of exposure.
                                                starvation, fishery interaction, ship                   harbor seals (Kastak et al., 2005;                     As noted, behavioral state may affect the
                                                strike, unusual oceanographic or                        Kastelein et al., 2012a) and harbor                    type of response. For example, animals
                                                weather events, sound exposure, or                      porpoises (Lucke et al., 2009; Kastelein               that are resting may show greater
                                                combinations of these stressors                         et al., 2012b) have a lower TTS onset                  behavioral change in response to
                                                sustained concurrently or in series (e.g.,              than other measured pinniped or                        disturbing sound levels than animals
                                                Geraci et al., 1999). However, the cause                cetacean species. Additionally, the                    that are highly motivated to remain in
                                                or causes of most strandings are                        existing marine mammal TTS data come                   an area for feeding (Richardson et al.,
                                                unknown (e.g., Best 1982).                              from a limited number of individuals                   1995; NRC, 2003; Wartzok et al., 2003).
                                                Combinations of dissimilar stressors                    within these species. There are no data                Controlled experiments with captive
                                                may combine to kill an animal or                        available on noise-induced hearing loss                marine mammals have showed
                                                dramatically reduce its fitness, even                   for mysticetes. For summaries of data on               pronounced behavioral reactions,
                                                though one exposure without the other                   TTS in marine mammals or for further                   including avoidance of loud sound
                                                would not be expected to produce the                    discussion of TTS onset thresholds,                    sources (Ridgway et al., 1997; Finneran
                                                same outcome (e.g., Sih et al., 2004). For              please see Southall et al., (2007) and                 et al., 2003). Observed responses of wild
                                                further description of stranding events                 Finneran and Jenkins (2012).                           marine mammals to loud pulsed sound
                                                see, e.g., Southall et al., 2006; Jepson et                2. Behavioral effects—Behavioral                    sources (typically seismic airguns or
                                                al., 2013; Wright et al., 2013.                         disturbance may include a variety of                   acoustic harassment devices) have been
                                                   1. Temporary threshold shift—TTS is                  effects, including subtle changes in                   varied but often consist of avoidance
                                                the mildest form of hearing impairment                  behavior (e.g., minor or brief avoidance               behavior or other behavioral changes
                                                that can occur during exposure to sound                 of an area or changes in vocalizations),               suggesting discomfort (Morton and
                                                (Kryter, 1985). While experiencing TTS,                 more conspicuous changes in similar                    Symonds, 2002; see also Richardson et
                                                the hearing threshold rises, and a sound                behavioral activities, and more                        al., 1995; Nowacek et al., 2007).
                                                must be at a higher level in order to be                sustained and/or potentially severe                       Available studies show wide variation
                                                heard. In terrestrial and marine                        reactions, such as displacement from or                in response to underwater sound;
                                                mammals, TTS can last from minutes or                   abandonment of high-quality habitat.                   therefore, it is difficult to predict
                                                hours to days (in cases of strong TTS).                 Behavioral responses to sound are                      specifically how any given sound in a
                                                In many cases, hearing sensitivity                      highly variable and context-specific and               particular instance might affect marine
                                                recovers rapidly after exposure to the                  any reactions depend on numerous                       mammals perceiving the signal. If a
                                                sound ends. Few data on sound levels                    intrinsic and extrinsic factors (e.g.,                 marine mammal does react briefly to an
                                                and durations necessary to elicit mild                  species, state of maturity, experience,                underwater sound by changing its
                                                TTS have been obtained for marine                       current activity, reproductive state,                  behavior or moving a small distance, the
                                                mammals.                                                auditory sensitivity, time of day), as                 impacts of the change are unlikely to be
                                                   Marine mammal hearing plays a                        well as the interplay between factors                  significant to the individual, let alone
                                                critical role in communication with                     (e.g., Richardson et al., 1995; Wartzok et             the stock or population. However, if a
                                                conspecifics, and interpretation of                     al., 2003; Southall et al., 2007; Weilgart,            sound source displaces marine
                                                environmental cues for purposes such                    2007; Archer et al., 2010). Behavioral                 mammals from an important feeding or
                                                as predator avoidance and prey capture.                 reactions can vary not only among                      breeding area for a prolonged period,
                                                Depending on the degree (elevation of                   individuals but also within an                         impacts on individuals and populations
                                                threshold in dB), duration (i.e., recovery              individual, depending on previous                      could be significant (e.g., Lusseau and
                                                time), and frequency range of TTS, and                  experience with a sound source,                        Bejder 2007; Weilgart 2007; NRC 2005).
                                                the context in which it is experienced,                 context, and numerous other factors                    However, there are broad categories of
                                                TTS can have effects on marine                          (Ellison et al., 2012), and can vary                   potential response, which we describe
                                                mammals ranging from discountable to                    depending on characteristics associated                in greater detail here, that include
                                                serious. For example, a marine mammal                   with the sound source (e.g., whether it                alteration of dive behavior, alteration of
                                                may be able to readily compensate for                   is moving or stationary, number of                     foraging behavior, effects to breathing,
                                                a brief, relatively small amount of TTS                 sources, distance from the source).                    interference with or alteration of
                                                in a non-critical frequency range that                  Please see Appendices B–C of Southall                  vocalization, avoidance, and flight.
                                                occurs during a time where ambient                      et al., (2007) for a review of studies                    Changes in dive behavior can vary
                                                noise is lower and there are not as many                involving marine mammal behavioral                     widely, and may consist of increased or
                                                competing sounds present.                               responses to sound.                                    decreased dive times and surface
                                                Alternatively, a larger amount and                         Habituation can occur when an                       intervals as well as changes in the rates
                                                longer duration of TTS sustained during                 animal’s response to a stimulus wanes                  of ascent and descent during a dive (e.g.,
                                                a time when communication is critical                   with repeated exposure, usually in the                 Frankel and Clark 2000; Costa et al.,
                                                for successful mother/calf interactions                 absence of unpleasant associated events                2003; Ng and Leung 2003; Nowacek et
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                                                could have more serious impacts.                        (Wartzok et al., 2003). Animals are most               al., 2004; Goldbogen et al., 2013a,b).
                                                   Currently, TTS data only exist for four              likely to habituate to sounds that are                 Variations in dive behavior may reflect
                                                species of cetaceans (bottlenose                        predictable and unvarying. It is                       interruptions in biologically significant
                                                dolphin, beluga whale (Delphinapterus                   important to note that habituation is                  activities (e.g., foraging) or they may be
                                                leucas), harbor porpoise, and Yangtze                   appropriately considered as a                          of little biological significance. The
                                                finless porpoise (Neophocoena                           ‘‘progressive reduction in response to                 impact of an alteration to dive behavior
                                                asiaeorientalis) and three species of                   stimuli that are perceived as neither                  resulting from an acoustic exposure
                                                pinnipeds (northern elephant seal,                      aversive nor beneficial,’’ rather than as,             depends on what the animal is doing at


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                                                29496                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                the time of the exposure and the type                   2007b). In some cases, animals may                     chronic disturbance can cause
                                                and magnitude of the response.                          cease sound production during                          population declines through reduction
                                                   Disruption of feeding behavior can be                production of aversive signals (Bowles                 of fitness (e.g., decline in body
                                                difficult to correlate with anthropogenic               et al., 1994).                                         condition) and subsequent reduction in
                                                sound exposure, so it is usually inferred                  Avoidance is the displacement of an                 reproductive success, survival, or both
                                                by observed displacement from known                     individual from an area or migration                   (e.g., Harrington and Veitch, 1992; Daan
                                                foraging areas, the appearance of                       path as a result of the presence of a                  et al., 1996; Bradshaw et al., 1998).
                                                secondary indicators (e.g., bubble nets                 sound or other stressors, and is one of                However, Ridgway et al. (2006) reported
                                                or sediment plumes), or changes in dive                 the most obvious manifestations of                     that increased vigilance in bottlenose
                                                behavior. As for other types of                         disturbance in marine mammals                          dolphins exposed to sound over a five-
                                                behavioral response, the frequency,                     (Richardson et al., 1995). For example,                day period did not cause any sleep
                                                duration, and temporal pattern of signal                gray whales are known to change                        deprivation or stress effects.
                                                presentation, as well as differences in                 direction—deflecting from customary                       Many animals perform vital functions,
                                                species sensitivity, are likely                         migratory paths—in order to avoid noise                such as feeding, resting, traveling, and
                                                contributing factors to differences in                  from seismic surveys (Malme et al.,                    socializing, on a diel cycle (24-hour
                                                response in any given circumstance                      1984). Avoidance may be short-term,                    cycle). Disruption of such functions
                                                (e.g., Croll et al., 2001; Nowacek et al.;              with animals returning to the area once                resulting from reactions to stressors
                                                2004; Madsen et al., 2006; Yazvenko et                  the noise has ceased (e.g., Bowles et al.,             such as sound exposure are more likely
                                                al., 2007). A determination of whether                  1994; Goold, 1996; Stone et al., 2000;                 to be significant if they last more than
                                                foraging disruptions incur fitness                      Morton and Symonds, 2002; Gailey et                    one diel cycle or recur on subsequent
                                                consequences would require                              al., 2007). Longer-term displacement is                days (Southall et al., 2007).
                                                information on or estimates of the                      possible, however, which may lead to                   Consequently, a behavioral response
                                                energetic requirements of the affected                  changes in abundance or distribution                   lasting less than one day and not
                                                individuals and the relationship                        patterns of the affected species in the                recurring on subsequent days is not
                                                between prey availability, foraging effort              affected region if habituation to the                  considered particularly severe unless it
                                                and success, and the life history stage of              presence of the sound does not occur                   could directly affect reproduction or
                                                the animal.                                             (e.g., Blackwell et al., 2004; Bejder et al.,          survival (Southall et al., 2007). Note that
                                                   Variations in respiration naturally                  2006; Teilmann et al., 2006).                          there is a difference between multi-day
                                                vary with different behaviors and                          A flight response is a dramatic change              substantive behavioral reactions and
                                                alterations to breathing rate as a                      in normal movement to a directed and                   multi-day anthropogenic activities. For
                                                function of acoustic exposure can be                    rapid movement away from the                           example, just because an activity lasts
                                                expected to co-occur with other                         perceived location of a sound source.                  for multiple days does not necessarily
                                                behavioral reactions, such as a flight                  The flight response differs from other                 mean that individual animals are either
                                                response or an alteration in diving.                    avoidance responses in the intensity of                exposed to activity-related stressors for
                                                However, respiration rates in and of                    the response (e.g., directed movement,                 multiple days or, further, exposed in a
                                                themselves may be representative of                     rate of travel). Relatively little                     manner resulting in sustained multi-day
                                                annoyance or an acute stress response.                  information on flight responses of                     substantive behavioral responses.
                                                Various studies have shown that                         marine mammals to anthropogenic                           3. Stress responses—An animal’s
                                                respiration rates may either be                         signals exist, although observations of                perception of a threat may be sufficient
                                                unaffected or could increase, depending                 flight responses to the presence of                    to trigger stress responses consisting of
                                                on the species and signal characteristics,              predators have occurred (Connor and                    some combination of behavioral
                                                again highlighting the importance in                    Heithaus 1996). The result of a flight                 responses, autonomic nervous system
                                                understanding species differences in the                response could range from brief,                       responses, neuroendocrine responses, or
                                                tolerance of underwater noise when                      temporary exertion and displacement                    immune responses (e.g., Seyle, 1950;
                                                determining the potential for impacts                   from the area where the signal provokes                Moberg, 2000). In many cases, an
                                                resulting from anthropogenic sound                      flight to, in extreme cases, marine                    animal’s first and sometimes most
                                                exposure (e.g., Kastelein et al., 2001,                 mammal strandings (Evans and England                   economical (in terms of energetic costs)
                                                2005b, 2006; Gailey et al., 2007).                      2001). However, it should be noted that                response is behavioral avoidance of the
                                                   Marine mammals vocalize for                          response to a perceived predator does                  potential stressor. Autonomic nervous
                                                different purposes and across multiple                  not necessarily invoke flight (Ford and                system responses to stress typically
                                                modes, such as whistling, echolocation                  Reeves 2008), and whether individuals                  involve changes in heart rate, blood
                                                click production, calling, and singing.                 are solitary or in groups may influence                pressure, and gastrointestinal activity.
                                                Changes in vocalization behavior in                     the response.                                          These responses have a relatively short
                                                response to anthropogenic noise can                        Behavioral disturbance can also                     duration and may or may not have a
                                                occur for any of these modes and may                    impact marine mammals in more subtle                   significant long-term effect on an
                                                result from a need to compete with an                   ways. Increased vigilance may result in                animal’s fitness.
                                                increase in background noise or may                     costs related to diversion of focus and                   Neuroendocrine stress responses often
                                                reflect increased vigilance or a startle                attention (i.e., when a response consists              involve the hypothalamus-pituitary-
                                                response. For example, in the presence                  of increased vigilance, it may come at                 adrenal system. Virtually all
                                                of potentially masking signals,                         the cost of decreased attention to other               neuroendocrine functions that are
                                                humpback whales and killer whales                       critical behaviors such as foraging or                 affected by stress—including immune
                                                have been observed to increase the                      resting). These effects have generally not             competence, reproduction, metabolism,
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                                                length of their songs (Miller et al., 2000;             been demonstrated for marine                           and behavior—are regulated by pituitary
                                                Fristrup et al., 2003; Foote et al., 2004),             mammals, but studies involving fish                    hormones. Stress-induced changes in
                                                while right whales have been observed                   and terrestrial animals have shown that                the secretion of pituitary hormones have
                                                to shift the frequency content of their                 increased vigilance may substantially                  been implicated in failed reproduction,
                                                calls upward while reducing the rate of                 reduce feeding rates (e.g., Beauchamp                  altered metabolism, reduced immune
                                                calling in areas of increased                           and Livoreil 1997; Fritz et al., 2002;                 competence, and behavioral disturbance
                                                anthropogenic noise (Parks et al.,                      Purser and Radford 2011). In addition,                 (e.g., Moberg 1987; Blecha 2000).


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                            29497

                                                Increases in the circulation of                         origin. The ability of a noise source to               potentially have long-term chronic
                                                glucocorticoids are also equated with                   mask biologically important sounds                     effects on marine mammals at the
                                                stress (Romano et al., 2004).                           depends on the characteristics of both                 population level as well as at the
                                                   The primary distinction between                      the noise source and the signal of                     individual level. Low-frequency
                                                stress (which is adaptive and does not                  interest (e.g., signal-to-noise ratio,                 ambient sound levels have increased by
                                                normally place an animal at risk) and                   temporal variability, direction), in                   as much as 20 dB (more than three times
                                                ‘‘distress’’ is the cost of the response.               relation to each other and to an animal’s              in terms of SPL) in the world’s ocean
                                                During a stress response, an animal uses                hearing abilities (e.g., sensitivity,                  from pre-industrial periods, with most
                                                glycogen stores that can be quickly                     frequency range, critical ratios,                      of the increase from distant commercial
                                                replenished once the stress is alleviated.              frequency discrimination, directional                  shipping (Hildebrand 2009). All
                                                In such circumstances, the cost of the                  discrimination, age or TTS hearing loss),              anthropogenic sound sources, but
                                                stress response would not pose serious                  and existing ambient noise and                         especially chronic and lower-frequency
                                                fitness consequences. However, when                     propagation conditions.                                signals (e.g., from vessel traffic),
                                                an animal does not have sufficient                         Under certain circumstances, marine                 contribute to elevated ambient sound
                                                energy reserves to satisfy the energetic                mammals experiencing significant                       levels, thus intensifying masking.
                                                costs of a stress response, energy                      masking could also be impaired from
                                                resources must be diverted from other                   maximizing their performance fitness in                Acoustic Effects, Underwater
                                                functions. This state of distress will last             survival and reproduction. Therefore,                     Potential Effects of Pile Driving and
                                                until the animal replenishes its                        when the coincident (masking) sound is                 Removal Sound—The effects of sounds
                                                energetic reserves sufficient to restore                man-made, it may be considered                         from pile driving and removal might
                                                normal function.                                        harassment when disrupting or altering                 include one or more of the following:
                                                   Relationships between these                          critical behaviors. It is important to                 Temporary or permanent hearing
                                                physiological mechanisms, animal                        distinguish TTS and PTS, which persist                 impairment, non-auditory physical or
                                                behavior, and the costs of stress                       after the sound exposure, from masking,                physiological effects, behavioral
                                                responses are well-studied through                      which occurs during the sound                          disturbance, and masking (Richardson
                                                controlled experiments and for both                     exposure. Because masking (without                     et al., 1995; Gordon et al., 2003;
                                                laboratory and free-ranging animals                     resulting in TS) is not associated with                Nowacek et al., 2007; Southall et al.,
                                                (e.g., Holberton et al., 1996; Hood et al.,             abnormal physiological function, it is                 2007). The effects of pile driving and
                                                1998; Jessop et al., 2003; Krausman et                  not considered a physiological effect,                 removal on marine mammals are
                                                al., 2004; Lankford et al., 2005). Stress               but rather a potential behavioral effect.              dependent on several factors, including
                                                responses due to exposure to                               The frequency range of the potentially
                                                                                                                                                               the type and depth of the animal; the
                                                anthropogenic sounds or other stressors                 masking sound is important in
                                                                                                                                                               pile size and type, and the intensity and
                                                and their effects on marine mammals                     determining any potential behavioral
                                                                                                                                                               duration of the pile driving/removal
                                                have also been reviewed (Fair and                       impacts. For example, low-frequency
                                                                                                                                                               sound; the substrate; the standoff
                                                Becker 2000; Romano et al., 2002b) and,                 signals may have less effect on high-
                                                                                                                                                               distance between the pile and the
                                                more rarely, studied in wild populations                frequency echolocation sounds
                                                                                                                                                               animal; and the sound propagation
                                                (e.g., Romano et al., 2002a). For                       produced by odontocetes but are more
                                                example, Rolland et al. (2012) found                    likely to affect detection of mysticete                properties of the environment. Impacts
                                                that noise reduction from reduced ship                  communication calls and other                          to marine mammals from pile driving
                                                traffic in the Bay of Fundy was                         potentially important natural sounds                   and removal activities are expected to
                                                associated with decreased stress in                     such as those produced by surf and                     result primarily from acoustic pathways.
                                                North Atlantic right whales. These and                  some prey species. The masking of                      As such, the degree of effect is
                                                other studies lead to a reasonable                      communication signals by                               intrinsically related to the frequency,
                                                expectation that some marine mammals                    anthropogenic noise may be considered                  received level, and duration of the
                                                will experience physiological stress                    as a reduction in the communication                    sound exposure, which are in turn
                                                responses upon exposure to acoustic                     space of animals (e.g., Clark et al., 2009)            influenced by the distance between the
                                                stressors and that it is possible that                  and may result in energetic or other                   animal and the source. The further away
                                                some of these would be classified as                    costs as animals change their                          from the source, the less intense the
                                                ‘‘distress.’’ In addition, any animal                   vocalization behavior (e.g., Miller et al.,            exposure should be. The substrate and
                                                experiencing TTS would likely also                      2000; Foote et al., 2004; Parks et al.,                depth of the habitat affect the sound
                                                experience stress responses (NRC,                       2007b; Di Iorio and Clark 2009; Holt et                propagation properties of the
                                                2003).                                                  al., 2009). Masking can be reduced in                  environment. In addition, substrates
                                                   4. Auditory masking—Sound can                        situations where the signal and noise                  that are soft (e.g., sand) would absorb or
                                                disrupt behavior through masking, or                    come from different directions                         attenuate the sound more readily than
                                                interfering with, an animal’s ability to                (Richardson et al., 1995), through                     hard substrates (e.g., rock), which may
                                                detect, recognize, or discriminate                      amplitude modulation of the signal, or                 reflect the acoustic wave. Soft porous
                                                between acoustic signals of interest (e.g.,             through other compensatory behaviors                   substrates would also likely require less
                                                those used for intraspecific                            (Houser and Moore 2014). Masking can                   time to drive the pile, and possibly less
                                                communication and social interactions,                  be tested directly in captive species                  forceful equipment, which would
                                                prey detection, predator avoidance,                     (e.g., Erbe 2008), but in wild                         ultimately decrease the intensity of the
                                                navigation) (Richardson et al., 1995).                  populations it must be either modeled                  acoustic source.
                                                Masking occurs when the receipt of a                                                                              In the absence of mitigation, impacts
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                                                                                                        or inferred from evidence of masking
                                                sound is interfered with by another                     compensation. There are few studies                    to marine species could be expected to
                                                coincident sound at similar frequencies                 addressing real-world masking sounds                   include physiological and behavioral
                                                and at similar or higher intensity, and                 likely to be experienced by marine                     responses to the acoustic signature
                                                may occur whether the sound is natural                  mammals in the wild (e.g., Branstetter et              (Viada et al., 2008). Potential effects
                                                (e.g., snapping shrimp, wind, waves,                    al., 2013).                                            from impulsive sound sources like pile
                                                precipitation) or anthropogenic (e.g.,                     Masking affects both senders and                    driving can range in severity from
                                                shipping, sonar, seismic exploration) in                receivers of acoustic signals and can                  effects such as behavioral disturbance to


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                                                29498                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                temporary or permanent hearing                          flushing into water from haul-outs or                  range of marine mammals present in the
                                                impairment (Yelverton et al., 1973).                    rookeries). Pinnipeds may increase their               project area. Impact pile driving activity
                                                   Hearing Impairment and Other                         haul-out time, possibly to avoid in-                   is relatively short-term, with rapid
                                                Physical Effects—Marine mammals                         water disturbance (Thorson and Reyff                   pulses occurring for approximately
                                                exposed to high intensity sound                         2006). If a marine mammal responds to                  fifteen minutes per pile. The probability
                                                repeatedly or for prolonged periods can                 a stimulus by changing its behavior                    for impact pile driving resulting from
                                                experience hearing threshold shifts. PTS                (e.g., through relatively minor changes                this proposed action masking acoustic
                                                constitutes injury, but TTS does not                    in locomotion direction/speed or                       signals important to the behavior and
                                                (Southall et al., 2007). Based on the best              vocalization behavior), the response                   survival of marine mammal species is
                                                scientific information available, the                   may or may not constitute taking at the                low. Vibratory pile driving is also
                                                SPLs for the construction activities in                 individual level, and is unlikely to                   relatively short-term, with rapid
                                                this project are below the thresholds                   affect the stock or the species as a                   oscillations occurring for approximately
                                                that could cause TTS or the onset of                    whole. However, if a sound source                      one and a half hours per pile. It is
                                                PTS (Table 5).                                          displaces marine mammals from an                       possible that vibratory pile driving
                                                   Non-auditory Physiological Effects—                  important feeding or breeding area for a               resulting from this proposed action may
                                                Non-auditory physiological effects or                   prolonged period, impacts on animals,                  mask acoustic signals important to the
                                                injuries that theoretically might occur in              and if so potentially on the stock or                  behavior and survival of marine
                                                marine mammals exposed to strong                        species, could potentially be significant              mammal species, but the short-term
                                                underwater sound include stress,                        (e.g., Lusseau and Bejder 2007; Weilgart               duration and limited affected area
                                                neurological effects, bubble formation,                 2007).                                                 would result in insignificant impacts
                                                resonance effects, and other types of                      The biological significance of many of              from masking. Any masking event that
                                                organ or tissue damage (Cox et al., 2006;               these behavioral disturbances is difficult             could possibly rise to Level B
                                                Southall et al., 2007). Studies examining               to predict, especially if the detected                 harassment under the MMPA would
                                                such effects are limited. In general, little            disturbances appear minor. However,                    occur concurrently within the zones of
                                                is known about the potential for pile                   the consequences of behavioral                         behavioral harassment already
                                                driving or removal to cause auditory                    modification could be expected to be                   estimated for vibratory and impact pile
                                                impairment or other physical effects in                 biologically significant if the change                 driving, and which have already been
                                                marine mammals. Available data                          affects growth, survival, or                           taken into account in the exposure
                                                suggest that such effects, if they occur                reproduction. Significant behavioral                   analysis.
                                                at all, would presumably be limited to                  modifications that could potentially                      Acoustic Effects, Airborne—Pinnipeds
                                                short distances from the sound source                   lead to effects on growth, survival, or                that occur near the project site could be
                                                and to activities that extend over a                    reproduction include:                                  exposed to airborne sounds associated
                                                prolonged period. The available data do                    • Drastic changes in diving/surfacing               with pile driving and removal that have
                                                not allow identification of a specific                  patterns (such as those thought to cause               the potential to cause behavioral
                                                exposure level above which non-                         beaked whale stranding due to exposure                 harassment, depending on their distance
                                                auditory effects can be expected                        to military mid-frequency tactical                     from pile driving activities. Cetaceans
                                                (Southall et al., 2007) or any meaningful               sonar);                                                are not expected to be exposed to
                                                quantitative predictions of the numbers                    • Longer-term habitat abandonment                   airborne sounds that would result in
                                                (if any) of marine mammals that might                   due to loss of desirable acoustic                      harassment as defined under the
                                                be affected in those ways. Marine                       environment; and                                       MMPA.
                                                mammals that show behavioral                               • Longer-term cessation of feeding or                  Airborne noise will primarily be an
                                                avoidance of pile driving, including                    social interaction.                                    issue for pinnipeds that are swimming
                                                some odontocetes and some pinnipeds,                       The onset of behavioral disturbance                 or hauled out near the project site
                                                are especially unlikely to incur auditory               from anthropogenic sound depends on                    within the range of noise levels elevated
                                                impairment or non-auditory physical                     both external factors (characteristics of              above the acoustic criteria. We
                                                effects.                                                sound sources and their paths) and the                 recognize that pinnipeds in the water
                                                                                                        specific characteristics of the receiving              could be exposed to airborne sound that
                                                Disturbance Reactions
                                                                                                        animals (hearing, motivation,                          may result in behavioral harassment
                                                   Responses to continuous sound, such                  experience, demography) and is difficult               when looking with their heads above
                                                as vibratory pile installation, have not                to predict (Southall et al., 2007).                    water. Most likely, airborne sound
                                                been documented as well as responses                                                                           would cause behavioral responses
                                                to pulsed sounds. With both types of                    Auditory Masking
                                                                                                                                                               similar to those discussed above in
                                                pile driving, it is likely that the onset of               Natural and artificial sounds can                   relation to underwater sound. For
                                                pile driving could result in temporary,                 disrupt behavior by masking. The                       instance, anthropogenic sound could
                                                short term changes in an animal’s                       frequency range of the potentially                     cause hauled-out pinnipeds to exhibit
                                                typical behavior and/or avoidance of the                masking sound is important in                          changes in their normal behavior, such
                                                affected area. These behavioral changes                 determining any potential behavioral                   as reduction in vocalizations, or cause
                                                may include (Richardson et al., 1995):                  impacts. Because sound generated from                  them to temporarily abandon the area
                                                Changing durations of surfacing and                     in-water pile driving and removal is                   and move further from the source.
                                                dives, number of blows per surfacing, or                mostly concentrated at low frequency                   However, these animals would
                                                moving direction and/or speed;                          ranges, it may have less effect on high                previously have been ‘taken’ as a result
                                                reduced/increased vocal activities;                     frequency echolocation sounds made by
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                                                                                                                                                               of exposure to underwater sound above
                                                changing/cessation of certain behavioral                porpoises. The most intense underwater                 the behavioral harassment thresholds,
                                                activities (such as socializing or                      sounds in the proposed action are those                which are in all cases larger than those
                                                feeding); visible startle response or                   produced by impact pile driving. Given                 associated with airborne sound. Thus,
                                                aggressive behavior (such as tail/fluke                 that the energy distribution of pile                   the behavioral harassment of these
                                                slapping or jaw clapping); avoidance of                 driving covers a broad frequency                       animals is already accounted for in
                                                areas where sound sources are located;                  spectrum, sound from these sources                     these estimates of potential take.
                                                and/or flight responses (e.g., pinnipeds                would likely be within the audible                     Multiple instances of exposure to sound


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                            29499

                                                above NMFS’ thresholds for behavioral                   fish avoidance of this area after pile                 individual marine mammals resulting
                                                harassment are not believed to result in                driving stops is unknown, but a rapid                  from exposure to vibratory and impact
                                                increased behavioral disturbance, in                    return to normal recruitment,                          pile driving and removal, and potential
                                                either nature or intensity of disturbance               distribution and behavior is anticipated.              permanent threshold shift (PTS) for
                                                reaction. Therefore, we do not believe                  In general, impacts to marine mammal                   harbor seals that may transit through the
                                                that authorization of incidental take                   prey species are expected to be minor                  Level A zone to their haulout. Based on
                                                resulting from airborne sound for                       and temporary due to the short                         the nature of the activity and the
                                                pinnipeds is warranted, and airborne                    timeframe for the project.                             anticipated effectiveness of the
                                                sound is not discussed further here.                                                                           mitigation measures (i.e., bubble
                                                                                                        Pile Driving Effects on Potential
                                                                                                                                                               curtain, soft start, etc.—discussed in
                                                Anticipated Effects on Habitat                          Foraging Habitat
                                                                                                                                                               detail below in Proposed Mitigation
                                                   The proposed activities at the Project                  The area likely impacted by the                     section), Level A harassment is neither
                                                area would not result in permanent                      project is relatively small compared to                anticipated nor proposed to be
                                                negative impacts to habitats used                       the available habitat in San Francisco                 authorized for all other species.
                                                directly by marine mammals, but may                     Bay. Avoidance by potential prey (i.e.,                   As described previously, no mortality
                                                have potential short-term impacts to                    fish) of the immediate area due to the                 is anticipated or proposed to be
                                                food sources such as forage fish and                    temporary loss of this foraging habitat is             authorized for this activity. Below we
                                                may affect acoustic habitat (see masking                also possible. The duration of fish                    describe how the take is estimated.
                                                discussion above). There are no known                   avoidance of this area after pile driving                 Described in the most basic way, we
                                                foraging hotspots or other ocean bottom                 stops is unknown, but a rapid return to                estimate take by considering: (1)
                                                structure of significant biological                     normal recruitment, distribution and                   Acoustic thresholds above which NMFS
                                                importance to marine mammals present                    behavior is anticipated. Any behavioral                believes the best available science
                                                in the marine waters of the project area.               avoidance by fish of the disturbed area                indicates marine mammals will be
                                                Therefore, the main impact issue                        would still leave significantly large                  behaviorally harassed or incur some
                                                associated with the proposed activity                   areas of fish and marine mammal                        degree of permanent hearing
                                                would be temporarily elevated sound                     foraging habitat in the nearby vicinity in             impairment; (2) the area or volume of
                                                levels and the associated direct effects                San Francisco Bay.                                     water that will be ensonified above
                                                on marine mammals, as discussed                            In summary, given the short daily                   these levels in a day; (3) the density or
                                                previously in this document. The                        duration of sound associated with                      occurrence of marine mammals within
                                                primary potential acoustic impacts to                   individual pile driving events and the                 these ensonified areas; and, (4) and the
                                                marine mammal habitat are associated                    relatively small areas being affected,                 number of days of activities. Below, we
                                                with elevated sound levels produced by                  pile driving activities associated with                describe these components in more
                                                vibratory and impact pile driving and                   the proposed action are not likely to                  detail and present the proposed take
                                                removal in the area. However, other                     have a permanent, adverse effect on any                estimate.
                                                potential impacts to the surrounding                    fish habitat, or populations of fish                   Acoustic Thresholds
                                                habitat from physical disturbance are                   species. Thus, any impacts to marine
                                                also possible.                                          mammal habitat are not expected to                       Using the best available science,
                                                                                                        cause significant or long-term                         NMFS has developed acoustic
                                                Pile Driving Effects on Potential Prey                                                                         thresholds that identify the received
                                                (Fish)                                                  consequences for individual marine
                                                                                                        mammals or their populations.                          level of underwater sound above which
                                                   Construction activities would produce                                                                       exposed marine mammals would be
                                                continuous (i.e., vibratory pile driving                Estimated Take by Incidental                           reasonably expected to be behaviorally
                                                sounds) and pulsed (i.e. impact driving)                Harassment                                             harassed (equated to Level B
                                                sounds. Fish react to sounds that are                      This section provides an estimate of                harassment) or to incur PTS of some
                                                especially strong and/or intermittent                   the number of incidental takes proposed                degree (equated to Level A harassment).
                                                low-frequency sounds. Short duration,                   for authorization through this IHA,                      Level B Harassment for non-explosive
                                                sharp sounds can cause overt or subtle                  which will inform both NMFS’                           sources—Though significantly driven by
                                                changes in fish behavior and local                      consideration of whether the number of                 received level, the onset of behavioral
                                                distribution. Hastings and Popper (2005)                takes is ‘‘small’’ and the negligible                  disturbance from anthropogenic noise
                                                identified several studies that suggest                 impact determination.                                  exposure is also informed to varying
                                                fish may relocate to avoid certain areas                   Harassment is the only type of take                 degrees by other factors related to the
                                                of sound energy. Additional studies                     expected to result from these activities.              source (e.g., frequency, predictability,
                                                have documented effects of pile driving                 Except with respect to certain activities              duty cycle), the environment (e.g.,
                                                on fish, although several are based on                  not pertinent here, section 3(18) of the               bathymetry), and the receiving animals
                                                studies in support of large, multiyear                  MMPA defines ‘‘harassment’’ as: any act                (hearing, motivation, experience,
                                                bridge construction projects (e.g.,                     of pursuit, torment, or annoyance which                demography, behavioral context) and
                                                Scholik and Yan 2001, 2002; Popper                      (i) has the potential to injure a marine               can be difficult to predict (Southall et
                                                and Hastings 2009). Sound pulses at                     mammal or marine mammal stock in the                   al., 2007, Ellison et al., 2011). Based on
                                                received levels of 160 dB may cause                     wild (Level A harassment); or (ii) has                 what the available science indicates and
                                                subtle changes in fish behavior. SPLs of                the potential to disturb a marine                      the practical need to use a threshold
                                                180 dB may cause noticeable changes in                  mammal or marine mammal stock in the                   based on a factor that is both predictable
                                                                                                                                                               and measurable for most activities,
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                                                behavior (Pearson et al., 1992; Skalski et              wild by causing disruption of behavioral
                                                al., 1992). SPLs of sufficient strength                 patterns, including, but not limited to,               NMFS uses a generalized acoustic
                                                have been known to cause injury to fish                 migration, breathing, nursing, breeding,               threshold based on received level to
                                                and fish mortality.                                     feeding, or sheltering (Level B                        estimate the onset of behavioral
                                                   The most likely impact to fish from                  harassment).                                           harassment. NMFS predicts that marine
                                                pile driving activities at the project area                Authorized takes would be by Level A                mammals are likely to be behaviorally
                                                would be temporary behavioral                           and Level B harassment, in the form of                 harassed in a manner we consider Level
                                                avoidance of the area. The duration of                  disruption of behavioral patterns for                  B harassment when exposed to


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                                                29500                             Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                underwater anthropogenic noise above                           for Assessing the Effects of                                       These thresholds were developed by
                                                received levels of 120 dB re 1 mPa (rms)                       Anthropogenic Sound on Marine                                    compiling and synthesizing the best
                                                for continuous (e.g. vibratory pile-                           Mammal Hearing (Technical Guidance                               available science and soliciting input
                                                driving, drilling) and above 160 dB re 1                       2016) identifies dual criteria to assess                         multiple times from both the public and
                                                mPa (rms) for non-explosive impulsive                          auditory injury (Level A harassment) to                          peer reviewers to inform the final
                                                (e.g., seismic airguns) or intermittent                        five different marine mammal groups                              product, and are provided in the table
                                                (e.g., scientific sonar) sources.                              (based on hearing sensitivity) as a result                       below. The references, analysis, and
                                                   WETA’s proposed activities include                          of exposure to noise from two different                          methodology used in the development
                                                the use of continuous (vibratory pile
                                                                                                               types of sources (impulsive or non-                              of the thresholds are described in NMFS
                                                driving) and impulsive (impact pile
                                                                                                               impulsive). WETA’s proposed activity                             2016 Technical Guidance, which may
                                                driving) sources, and therefore the 120
                                                and 160 dB re 1 mPa (rms) are                                  includes the use of impulsive (impact                            be accessed at: http://
                                                applicable.                                                    pile driving) and non-impulsive                                  www.nmfs.noaa.gov/pr/acoustics/
                                                   Level A harassment for non-explosive                        (vibratory pile driving) sources.                                guidelines.htm.
                                                sources—NMFS’ Technical Guidance

                                                                             TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
                                                                                                                                                                PTS onset acoustic thresholds *
                                                                                                                                                                       (received level)
                                                                         Hearing group
                                                                                                                                                       Impulsive                                            Non-impulsive

                                                Low-frequency cetaceans ............................................    Cell   1:   Lpk,flat:   219   dB;   LE,LF,24h: 183 dB ...............   Cell   2: LI,LE,LF,24h: 199 dB.
                                                Mid-frequency cetaceans .............................................   Cell   3:   Lpk,flat:   230   dB;   LE,MF,24h: 185 dB ..............    Cell   4: LE,MF,24h: 198 dB.
                                                High-frequency cetaceans ...........................................    Cell   5:   Lpk,flat:   202   dB;   LE,HF,24h: 155 dB ..............    Cell   6: LE,HF,24h: 173 dB.
                                                Phocid Pinnipeds (underwaters) ..................................       Cell   7:   Lpk,flat:   218   dB;   LE,PW,24h: 185 dB .............     Cell   8: LE,PW,24h: 201 dB.
                                                Otariid Pinnipeds (underwater) ....................................     Cell   9:   Lpk,flat:   232   dB;   LE,OW,24h: 203 dB .............     Cell   10: LE,OW,24h: 219 dB.
                                                   1 NMFS    2016.


                                                Ensonified Area                                                field) environment not limited by depth                          result from vibratory or impact pile
                                                   Here, we describe operational and                           or water surface, resulting in a 6 dB                            driving or removal at the Project area,
                                                environmental parameters of the activity                       reduction in sound level for each                                we considered existing measurements
                                                that will feed into identifying the area                       doubling of distance from the source (20                         from similar physical environments (e.g.
                                                ensonified above the acoustic                                  * log[range]). Cylindrical spreading                             substrate of bay mud and water depths
                                                thresholds.                                                    occurs in an environment in which                                ranging from 14 to 38 ft).
                                                   Pile driving and removal generates                          sound propagation is bounded by the
                                                                                                                                                                                Level A Isopleths (Table 5)
                                                underwater noise that can potentially                          water surface and sea bottom, resulting
                                                                                                               in a reduction of 3 dB in sound level for                           The values used to calculate distances
                                                result in disturbance to marine
                                                                                                               each doubling of distance from the                               at which sound would be expected to
                                                mammals in the project area.
                                                                                                               source (10 * log[range]). A practical                            exceed the Level A thresholds for
                                                Transmission loss (TL) is the decrease
                                                                                                               spreading value of 15 is often used                              impact driving of and 36 in and 42 in
                                                in acoustic intensity as an acoustic
                                                                                                               under conditions, such as at the Central                         piles include peak values of 185 dB and
                                                pressure wave propagates out from a
                                                                                                               Bay operations and maintenance                                   anticipated SELs for unattenuated
                                                source. TL parameters vary with
                                                                                                               facility, where water increases with                             impact pile-driving of 175 dB, and peak
                                                frequency, temperature, sea conditions,
                                                                                                               depth as the receiver moves away from                            values of 193 dB and SEL values of 167
                                                current, source and receiver depth,
                                                                                                               the shoreline, resulting in an expected                          for 24 in piles (Caltrans 2015a). Bubble
                                                water depth, water chemistry, and
                                                                                                               propagation environment that would lie                           curtains will be used during the
                                                bottom composition and topography.
                                                                                                               between spherical and cylindrical                                installation of these piles, which is
                                                The general formula for underwater TL
                                                                                                               spreading loss conditions. Practical                             expected to reduce noise levels by about
                                                is:
                                                                                                               spreading loss (4.5 dB reduction in                              10 dB rms (Caltrans 2015a), which are
                                                   TL = B * log10(R1/R2),
                                                                                                               sound level for each doubling of                                 the values used in Table 5. Vibratory
                                                Where:                                                         distance) is assumed here.                                       driving source levels include 175 dB
                                                R1 = the distance of the modeled SPL from                         Underwater Sound—The intensity of                             RMS for 42-in piles, 170 dB RMS for 36-
                                                    the driven pile, and                                       pile driving and removal sounds is                               in piles, 165 dB RMS for 24 in piles, and
                                                R2 = the distance from the driven pile of the                  greatly influenced by factors such as the                        150 dB RMS for 14 in H piles (Caltrans
                                                    initial measurement.                                                                                                        2015a). The inputs for the user
                                                                                                               type of piles, hammers, and the physical
                                                  This formula neglects loss due to                            environment in which the activity takes                          spreadsheet from NMFS’ Guidance are
                                                scattering and absorption, which is                            place. A number of studies, primarily on                         as follows: For impact driving, 450
                                                assumed to be zero here. The degree to                         the west coast, have measured sound                              strikes per pile with 3 piles per day for
                                                which underwater sound propagates                              produced during underwater pile                                  24 in piles, and 600 strikes per pile with
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                                                away from a sound source is dependent                          driving projects. These data are largely                         2 piles per day for 36 in and 42 in piles.
                                                on a variety of factors, most notably the                      for impact driving of steel pipe piles                           The total duration for vibratory driving
                                                water bathymetry and presence or                               and concrete piles as well as vibratory                          of 14-in, 24-in, 36-in, and 42-in piles
                                                absence of reflective or absorptive                            driving of steel pipe piles.                                     were all approximately 10 minutes
                                                conditions including in-water structures                          In order to determine reasonable                              (0.166666, 0.1708333 hours, 0.16666
                                                and sediments. Spherical spreading                             source levels and their associated effects                       hours, and 0.177777 hours,
                                                occurs in a perfectly unobstructed (free-                      on marine mammals that are likely to                             respectively).



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                                                                                        Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                                        29501

                                                  TABLE 5—EXPECTED PILE-DRIVING NOISE LEVELS AND DISTANCES OF LEVEL A THRESHOLD EXCEEDANCE WITH IMPACT
                                                                                          AND VIBRATORY DRIVER

                                                                                                                   Source                                                       Distance to level A threshold in meters
                                                                                                                  levels at
                                                 Project element requiring                                       10 meters
                                                      pile installation                                             (dB)                                       Phocids           Otariids           LF *           MF *                HF *
                                                                                                                                                                                                 Cetaceans       Cetaceans          Cetaceans
                                                                                             Peak 1                   SEL                   RMS

                                                42 in steel piles—Vibra-
                                                  tory Driver .....................      ....................   ....................                 175              11.3              0.8               18.5              1.6            27.4
                                                42 in steel piles—Impact
                                                  Driver (BCA)1 ...............                        200                   173       ....................               130           9.5               243               8.6           289.4
                                                36-Inch Steel Piles—Vi-
                                                  bratory Driver ................        ....................   ....................                 170                    5           0.4                8.2              0.7            12.2
                                                36-Inch Steel Piles—Im-
                                                  pact Driver (BCA)1 .......                           200                    173      ....................               130           9.5               243               8.6           289.4
                                                24-Inch Steel Piles—Vi-
                                                  bratory Driver ................        ....................   ....................                 160                  1.1           0.1                1.8              0.2              2.7
                                                24-Inch Steel Piles—Im-
                                                  pact Driver (BCA) 1 .......                       193 2                  167 2       ....................               56            4.1            104.6                3.7           124.6
                                                14 in H-piles—Vibratory
                                                  Driver ............................    ....................   ....................                150                   0.2               0              0.4               0               0.6
                                                14 in H-piles Vibratory Ex-
                                                  traction ..........................    ....................   ....................                 150                  0.2               0              0.4               0               0.6
                                                  * Low frequency (LF) cetaceans, Mid frequency (MF) cetaceans, High frequency (HF) cetaceans.
                                                  1 Bubble curtain attenuation (BCA). A bubble curtain will be used for impact driving and is assumed to reduce the source level by 10dB. There-
                                                fore, source levels were reduced by this amount for take calculations.


                                                Level B Isopleths (Table 6)                                             size during impact driving came from                                includes tools to help predict a simple
                                                   Approximately 15 steel piles, 42-in in                               the Caltrans summary table (Caltrans                                isopleth that can be used in conjunction
                                                diameter, will be installed, with                                       2015a) for 24 in piles at approximately                             with marine mammal density or
                                                approximately 2 installed per day over                                  5 m depth. The source level for this pile                           occurrence to help predict takes. We
                                                8 days. The source level for this pile                                  size during vibratory driving came from                             note that because of some of the
                                                size during impact driving came from                                    the Caltrans table for the Trinidad Pier                            assumptions included in the methods
                                                the Caltrans summary table (Caltrans                                    Reconstruction project (Caltrans 2015a).                            used for these tools, we anticipate that
                                                2015a) for 36 in piles at approximately                                   Approximately 20 14-in H piles (10                                isopleths produced are typically going
                                                10 m depth. The source level for this                                   temporary and 10 permanent), with                                   to be overestimates of some degree,
                                                pile size during vibratory driving came                                 approximately 5 installed or removed                                which will result in some degree of
                                                from the Caltrans summary table for the                                 per day over 8 days. The source level for                           overestimate of Level A take. However,
                                                ‘‘loudest values’’ for 36 in piles.                                     this pile size during impact and
                                                                                                                                                                                            these tools offer the best way to predict
                                                   Approximately 6 steel piles, 36-in in                                vibratory driving came from the Caltrans
                                                                                                                                                                                            appropriate isopleths when more
                                                diameter, will be installed, with                                       summary table (Caltrans 2015a) for 10 in
                                                                                                                        H piles.                                                            sophisticated 3D-modeling methods are
                                                approximately 2 installed per day over                                                                                                      not available, and NMFS continues to
                                                3 days. The source level for this pile                                    Tables 6 and 7 show the expected
                                                                                                                        underwater sound levels for pile driving                            develop ways to quantitatively refine
                                                size during impact driving came from
                                                the Caltrans summary table (Caltrans                                    activities and the estimated distances to                           these tools, and will qualitatively
                                                2015a) for 36 in piles at approximately                                 the Level A (Table 5) and Level B (Table                            address the output where appropriate.
                                                10 m depth. The source level for this                                   6) thresholds.                                                      For stationary sources (such as WETA’s
                                                pile size during vibratory driving came                                   When NMFS Technical Guidance                                      Project), NMFS User Spreadsheet
                                                from the Caltrans summary table for the                                 (2016) was published, in recognition of                             predicts the closest distance at which, if
                                                ‘‘typical values’’ for 36 in piles.                                     the fact that ensonified area/volume                                a marine mammal remained at that
                                                   Approximately 8 steel piles, 24-in in                                could be more technically challenging                               distance the whole duration of the
                                                diameter, will be installed, with                                       to predict because of the duration                                  activity, it would not incur PTS. Inputs
                                                approximately 3 installed per day over                                  component in the new thresholds, we                                 used in the User Spreadsheet, and the
                                                3 days. The source level for this pile                                  developed a User Spreadsheet that                                   resulting isopleths are reported below.
                                                  TABLE 6—EXPECTED PILE-DRIVING NOISE LEVELS AND DISTANCES OF LEVEL B THRESHOLD EXCEEDANCE WITH IMPACT
                                                                                          AND VIBRATORY DRIVER

                                                                                                                                                                                                             Distance to             Area of
                                                                                                                                                                                                                level B              potential
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                                                                                                                                                                                       Source levels         threshold,               level B
                                                                                                                                                                                       at 10 meters           in meters
                                                                                    Project element requiring pile installation                                                                                                     threshold
                                                                                                                                                                                         (33 feet)                                exceedance
                                                                                                                                                                                         (dB rms)            160/120 dB            (in square
                                                                                                                                                                                                                 RMS              kilometers) 1
                                                                                                                                                                                                              (level B) 2

                                                42 in steel piles—Vibratory Driver ...............................................................................................                 175             46,416                 12.97
                                                42 in steel piles—Impact Driver (BCA) 1 .....................................................................................                     1 200               341                  0.27



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                                                29502                                Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                  TABLE 6—EXPECTED PILE-DRIVING NOISE LEVELS AND DISTANCES OF LEVEL B THRESHOLD EXCEEDANCE WITH IMPACT
                                                                                    AND VIBRATORY DRIVER—Continued

                                                                                                                                                                                                       Distance to       Area of
                                                                                                                                                                                                          level B        potential
                                                                                                                                                                                      Source levels    threshold,         level B
                                                                                                                                                                                      at 10 meters      in meters
                                                                                    Project element requiring pile installation                                                                                         threshold
                                                                                                                                                                                        (33 feet)                     exceedance
                                                                                                                                                                                        (dB rms)       160/120 dB
                                                                                                                                                                                                           RMS         (in square
                                                                                                                                                                                                        (level B) 2   kilometers) 1

                                                36-Inch    Steel Piles—Vibratory Driver ..........................................................................................              170          21,544           12.97
                                                36-Inch    Steel Piles—Impact Driver (BCA) 1 ................................................................................                 1 200             341            0.27
                                                24-Inch    Steel Piles—Vibratory Driver ..........................................................................................              160           4,642            4.92
                                                24-Inch    Steel Piles—Impact Driver (BCA) 1 ................................................................................                 1 193             215            0.13
                                                14-Inch    H Piles—Vibratory Driver ...............................................................................................             150           1,000            1.01
                                                14-Inch    H Piles—Vibratory Extraction .........................................................................................               150           1,000            1.01
                                                   1 For   underwater noise, the Level B harassment (disturbance) threshold is 160 dB for impulsive noise and 120 dB for continuous noise.
                                                   2 Bubble   curtain attenuation (BCA). A bubble curtain will be used for impact driving and is expected to reduce the source level by 10dB.


                                                Marine Mammal Occurrence                                               • In the absence of site specific                                animals may be present, this number
                                                   In this section we provide the                                   underwater acoustic propagation                                     represents the number of instances of
                                                information about the presence, density,                            modeling, the practical spreading loss                              take that may accrue to a smaller
                                                or group dynamics of marine mammals                                 model was used to determine the ZOI.                                number of individuals, with some
                                                that will inform the take calculations.                                • All marine mammal individuals                                  number of animals being exposed more
                                                   At-sea densities for marine mammal                               potentially available are assumed to be                             than once per individual. While pile
                                                species have been determined for harbor                             present within the relevant area, and                               driving and removal can occur any day
                                                seals and California sea lions in San                               thus incidentally taken;                                            throughout the in-water work window,
                                                Francisco Bay based on marine mammal                                   • An individual can only be taken
                                                                                                                                                                                        and the analysis is conducted on a per
                                                monitoring by Caltrans for the San                                  once during a 24-hour period; and,
                                                                                                                       • Exposures to sound levels at or                                day basis, only a fraction of that time
                                                Francisco-Oakland Bay Bridge Project                                                                                                    (typically a matter of hours on any given
                                                from 2000 to 2015 (Caltrans 2016); all                              above the relevant thresholds equate to
                                                                                                                    take, as defined by the MMPA.                                       day) is actually spent pile driving/
                                                other estimates here are determined by                                                                                                  removal. The potential effectiveness of
                                                using observational data taken during                                  The estimation of marine mammal
                                                                                                                    takes typically uses the following                                  mitigation measures in reducing the
                                                marine mammal monitoring associated                                                                                                     number of takes is typically not
                                                with the Richmond-San Rafael Bridge                                 calculation:
                                                                                                                       For California sea lions: Level B                                quantified in the take estimation
                                                retrofit project, the San Francisco-
                                                                                                                    exposure estimate = D (density) * Area                              process. For these reasons, these take
                                                Oakland Bay Bridge (SFOBB), which
                                                has been ongoing for the past 15 years,                             of ensonification * Number of days of                               estimates may be conservative,
                                                and anecdotal observational reports                                 noise generating activities.                                        especially if each take is considered a
                                                                                                                       For harbor seals: Level B exposure                               separate individual animal, and
                                                from local entities.
                                                                                                                    estimate = ((D * area of ensonification)                            especially for pinnipeds.
                                                Take Calculation and Estimation                                     + 15) * number of days of noise
                                                                                                                    generating activities.                                              Description of Marine Mammals in the
                                                   Here we describe how the information
                                                provided above is brought together to                                  For all other marine mammal species:                             Area of the Specified Activity
                                                produce a quantitative take estimate.                               Level B exposure estimate = N (number
                                                                                                                                                                                        Harbor Seals
                                                   All estimates are conservative and                               of animals) in the area * Number of days
                                                include the following assumptions:                                  of noise generating activities.                                        Monitoring of marine mammals in the
                                                   • All pilings installed at each site                                To account for the increase in                                   vicinity of the SFOBB has been ongoing
                                                would have an underwater noise                                      California sea lion density due to El                               for 15 years; from those data, Caltrans
                                                disturbance equal to the piling that                                Niño, the daily take estimated from the                            has produced at-sea density estimates
                                                causes the greatest noise disturbance                               observed density has been increased by                              for Pacific harbor seal of 0.83 animals
                                                (i.e., the piling farthest from shore)                              a factor of 10 for each day that pile                               per square kilometer for the fall season
                                                installed with the method that has the                              driving or removal occurs.
                                                                                                                                                                                        (Caltrans 2016). Since the construction
                                                largest zone of influence (ZOI). The                                   There are a number of reasons why
                                                                                                                    estimates of potential instances of take                            of the new pier that is currently being
                                                largest underwater disturbance (Level B)                                                                                                used as a haul out for harbor seals, there
                                                ZOI would be produced by vibratory                                  may be overestimates of the number of
                                                                                                                    individuals taken, assuming that                                    are additional seals that need to be
                                                driving steel piles; therefore take
                                                estimates were calculated using the                                 available density or abundance                                      taken into account for the take
                                                vibratory pile-driving ZOIs. The ZOIs                               estimates and estimated ZOI areas are                               calculation. The average number of seals
                                                for each threshold are not spherical and                            accurate. We assume, in the absence of                              that use the haulout at any given time
                                                                                                                                                                                        is 15 animals; therefore, we would add
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                                                are truncated by land masses on either                              information supporting a more refined
                                                side of the project area, which would                               conclusion, that the output of the                                  an additional 15 seals per day. Using
                                                dissipate sound pressure waves.                                     calculation represents the number of                                this density and the additional 15
                                                   • Exposures were based on an                                     individuals that may be taken by the                                animals per day, the potential average
                                                estimated total of 22 work days. Each                               specified activity. In fact, in the context                         daily take for the areas over which the
                                                activity ranges in amount of days                                   of stationary activities such as pile                               Level B harassment thresholds may be
                                                needed to be completed (Table 1).                                   driving and in areas where resident                                 exceeded are estimated in Table 7.



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                                                                                  Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                   29503

                                                                                                       TABLE 7—TAKE CALCULATION FOR HARBOR SEAL
                                                                                                                                                                                          Number of
                                                                                                                                                                           Area                           Take
                                                              Activity                                 Pile type                                Density                                    days of
                                                                                                                                                                           (km2)           activity      estimate

                                                Vibratory driving ....................   36-in and 42-in steel pile ......         0.83 animal/km2 ....................          12.97           3; 8        77; 206
                                                Vibratory driving ....................   24-in steel pile ......................   0.83 animal/km2 ....................           4.92              3             57
                                                Vibratory driving and removal            14-in steel H piles .................     0.83 animal/km2 ....................           1.01              8            127



                                                   A total of 467 harbor seal takes are                        in the Area of the Specified Activity for                  California Sea Lion
                                                estimated for 2017 (Table 9). Because                          information on seal occurrence per day).                      Monitoring of marine mammals in the
                                                seals may traverse the Level A zone                            While the Level A zone is relatively                       vicinity of the SFOBB has been ongoing
                                                when going to and from the healout that                        large for this hearing group                               for 15 years; from those data, Caltrans
                                                is approximately 300 m from the project                        (approximately 290 m), there will be 2                     has produced at-sea density estimates
                                                area, it would not be practicable to                           MMOs monitoring the zone in the most                       for California sea lion of 0.09 animal per
                                                shutdown every time. Therefore 18                              advantageous locations to spot marine                      square kilometer for the post-breeding
                                                Level A takes are requested for this                           mammals to initiate a shutdown to                          season (Caltrans 2016). Using this
                                                species by assuming 1.6 harbor seals per                       avoid take by Level A harassment.                          density, the potential average daily take
                                                day over 11 days of impact driving of 36                                                                                  for the areas over which the Level B
                                                in and 42 in piles may enter the zone                                                                                     harassment thresholds may be exceeded
                                                (see the Description of Marine Mammals                                                                                    is estimated in Table 8.
                                                                                                 TABLE 8—TAKE CALCULATION FOR CALIFORNIA SEA LION
                                                                                                                                                                                          Number of
                                                                                                                                                                           Area                           Take
                                                              Activity                                 Pile type                                Density                                    days of
                                                                                                                                                                           (km2)                        Estimate ∧
                                                                                                                                                                                           activity

                                                Vibratory driving ....................   36-in and 42-in steel pile ......         0.09 animal/km2 ....................          12.97           3; 8         35; 93
                                                Vibratory driving ....................   24-in steel pile ......................   0.09 animal/km2 ....................           4.92              3             13
                                                Vibratory driving ....................   14-in steel H piles .................     0.09 animal/km2 ....................           1.01              8              7
                                                   * All California sea lion estimates were multiplied by 10 to account for the increased occurrence of this species due to El Niño.
                                                   ∧ Total take number is 149, not 148 because we round at the end, whereas here, it shows rounding per day.




                                                   All California sea lion estimates were                      because although one animal may                            as strandings all along the California
                                                multiplied by 10 to account for the                            approach the large Level B zones, it is                    coast and inside San Francisco Bay
                                                increased occurrence of this species due                       not expected that it will continue in the                  (TMMC, personal communication); a
                                                to El Niño. A total of 149 California sea                     area of ensonification into the Level A                    trend that may continue this summer
                                                lion takes is estimated for 2017 (Table                        zone. Further, if the animal does                          through winter if El Niño conditions
                                                9). Level A take is not expected for                           approach the Level A zone, construction                    occur. Because sightings are normally
                                                California sea lion based on area of                           will be shut down.                                         rare; instances recently have been
                                                ensonification and density of the                                                                                         observed, but are not common, and
                                                                                                               Northern Fur Seal
                                                animals in that area.                                                                                                     based on estimates from local
                                                                                                                  During the breeding season, the                         observations (TMMC, personal
                                                Northern Elephant Seal                                         majority of the worldwide population is                    communication), it is estimated that ten
                                                   Monitoring of marine mammals in the                         found on the Pribilof Islands in the                       northern fur seals will be taken in 2017
                                                vicinity of the SFOBB has been ongoing                         southern Bering Sea, with the remaining                    (Table 9). Level A take is not requested
                                                for 15 years; from those data, Caltrans                        animals spread throughout the North                        or proposed to be authorized for this
                                                has produced an estimated at-sea                               Pacific Ocean. On the coast of                             species.
                                                density for northern elephant seal of                          California, small breeding colonies are
                                                0.03 animal per square kilometer                               present at San Miguel Island off                           Harbor Porpoise
                                                (Caltrans 2016). Most sightings of                             southern California, and the Farallon                        In the last six decades, harbor
                                                northern elephant seal in San Francisco                        Islands off central California (Carretta et                porpoises were observed outside of San
                                                Bay occur in spring or early summer,                           al., 2014). Northern fur seal are a pelagic                Francisco Bay. The few harbor
                                                and are less likely to occur during the                        species and are rarely seen near the                       porpoises that entered were not sighted
                                                periods of in-water work for this project                      shore away from breeding areas.                            past central Bay close to the Golden
                                                (June through November). As a result,                          Juveniles of this species occasionally                     Gate Bridge. In recent years, however,
                                                densities during pile driving and                              strand in San Francisco Bay,                               there have been increasingly common
                                                removal for the proposed action would                          particularly during El Niño events, for                   observations of harbor porpoises in
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                                                be much lower. Therefore, we estimate                          example, during the 2006 El Niño event,                   central, north, and south San Francisco
                                                that it is possible that a lone northern                       33 fur seals were admitted to the Marine                   Bay. Porpoise activity inside San
                                                elephant seal may enter the Level B                            Mammal Center (TMMC 2016). Some of                         Francisco Bay is thought to be related to
                                                harassment area once per week during                           these stranded animals were collected                      foraging and mating behaviors (Keener
                                                pile driving or removal, for a total of 18                     from shorelines in San Francisco Bay.                      2011; Duffy 2015). According to
                                                takes in 2017 (Table 9). Level A take of                       Due to the recent El Niño event,                          observations by the Golden Gate
                                                Northern elephant seal is not requested,                       northern fur seals were observed in San                    Cetacean Research team as part of their
                                                nor is it proposed to be authorized                            Francisco bay more frequently, as well                     multi-year assessment, over 100


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                                                29504                                   Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                porpoises may be seen at one time                             not being requested, nor authorized for                been consistently sighted along the
                                                entering San Francisco Bay; and over                          this species.                                          central California coast (Carretta et al.,
                                                600 individual animals are documented                                                                                2008). The northern limit of their
                                                                                                              Gray Whale
                                                in a photo-ID database. However,                                                                                     regular range is currently the Pacific
                                                sightings are concentrated in the                                Historically, gray whales were not                  coast off San Francisco and Marin
                                                vicinity of the Golden Gate Bridge and                        common in San Francisco Bay. The                       County, and they occasionally enter San
                                                Angel Island, north of the project area,                      Oceanic Society has tracked gray whale                 Francisco Bay, sometimes foraging for
                                                                                                              sightings since they began returning to                fish in Fort Point Cove, just east of the
                                                with lesser numbers sighted south of
                                                                                                              San Francisco Bay regularly in the late                Golden Gate Bridge. Members of this
                                                Alcatraz and west of Treasure Island
                                                                                                              1990s. The Oceanic Society data show                   stock are transient and make movements
                                                (Keener 2011). Harbor porpoise                                that all age classes of gray whales are
                                                generally travel individually or in small                                                                            up and down the coast, and into some
                                                                                                              entering San Francisco Bay, and that                   estuaries, throughout the year.
                                                groups of two or three (Sekiguchi 1995).                      they enter as singles or in groups of up               Bottlenose dolphins are being observed
                                                   Monitoring of marine mammals in the                        to five individuals. However, the data                 in San Francisco bay more frequently in
                                                vicinity of the SFOBB has been ongoing                        do not distinguish between sightings of                recent years (TMMC, personal
                                                for 15 years; from those data, Caltrans                       gray whales and number of individual
                                                                                                                                                                     communication). Groups with an
                                                has produced an estimated at-sea                              whales (Winning 2008). Caltrans
                                                                                                                                                                     average group size of five animals enter
                                                density for harbor porpoise of 0.021                          Richmond-San Rafael Bridge project
                                                                                                                                                                     the bay and occur near Yerba Buena
                                                animal per square kilometer (Caltrans                         monitors recorded 12 living and two
                                                                                                                                                                     Island once per week for a two week
                                                2016). However, this estimate would be                        dead gray whales in the surveys
                                                                                                              performed in 2012. All sightings were in               stint and then depart the bay (TMMC,
                                                an overestimate of what would actually                                                                               personal communication). Assuming
                                                be seen in the project area since it is a                     either the central or north Bay; and all
                                                                                                              but two sightings occurred during the                  groups of five individuals may enter San
                                                smaller area than the monitoring area of                                                                             Francisco Bay approximately three
                                                SFOBB. In order to estimate a more                            months of April and May. One gray
                                                                                                              whale was sighted in June, and one in                  times during the construction activities,
                                                realistic take number, we assume it is                                                                               and may enter the ensonified area once
                                                possible that a small group of                                October (the specific years were
                                                                                                              unreported). It is estimated that two to               per week over the two week stint, for a
                                                individuals (five harbor porpoises) may                                                                              total of 30 takes of bottlenose dolphins.
                                                                                                              six gray whales enter San Francisco Bay
                                                enter the Level B harassment area on as                                                                              Additionally, in the summer of 2015, a
                                                                                                              in any given year. Because construction
                                                many as two days of pile driving or                                                                                  lone bottlenose dolphin was seen
                                                                                                              activities are only occurring during a
                                                removal, for a total of ten harbor                            maximum of 22 days in 2017, it is                      swimming in the Oyster Point area of
                                                porpoise takes per year (Table 9). It is                      estimated that two gray whales may                     South San Francisco (GGCR 2016). We
                                                possible that harbor porpoise may enter                       potentially enter the area during the                  estimate that this lone bottlenose
                                                the Level A harassment zone for high                          construction period, for a total of 2 gray             dolphin may be present in the project
                                                frequency cetaceans; however, 2 MMOs                          whale takes in 2017 (Table 9).                         area each day of construction, an
                                                will be monitoring the area and WETA                                                                                 additional 22 takes. The 30 takes for a
                                                would implement a shutdown for the                            Bottlenose Dolphin                                     small group, and the 22 takes for the
                                                entire zone if a harbor porpoise (or any                        Since the 1982–83 El Niño, which                    lone bottlenose dolphin equate to 52
                                                other marine mammal) approaches the                           increased water temperatures off                       bottlenose dolphin takes for 2017 (Table
                                                Level A zone; therefore Level A take is                       California, bottlenose dolphins have                   9).

                                                                                                TABLE 9—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION
                                                                                                                                           Estimated take by Level B harassment
                                                                                          Number of
                                                                  Pile-driver
                                                  Pile type                                driving                                          Northern
                                                                     type                                  Harbor          CA sea                            Harbor           Gray          Northern      Bottlenose
                                                                                            days                                            elephant
                                                                                                            seal            lion 1                          porpoise 2       whale 2        fur seal 2     dolphin
                                                                                                                                              seal 2

                                                42-in steel      Vibratory 3 ...                    8                77              35                NA           NA                NA            NA             8
                                                  pile.
                                                36-in steel      Vibratory 3 ...                    3               206              93                NA           NA                NA            NA             3
                                                24-in steel      Vibratory 3 ...                    3                57              13                NA           NA                NA            NA             3
                                                  piles.
                                                14-in steel      Vibratory .....                    8               127              7                 NA           NA                NA            NA             8
                                                  H pile.

                                                Project          ....................             22                467          ∧ 149             2 18            2 10                22          2 10          * 52
                                                  Total
                                                  (2017).
                                                   1 Toaccount for potential El Niño conditions, take calculated from at-sea densities for California sea lion has been increased by a factor of 10.
                                                   2 Take is not calculated by activity type for these species with a low potential to occur, only a yearly total is given.
                                                   3 Pilesof this type may also be installed with an impact hammer, which would reduce the estimated take.
                                                  * Total take includes an additional 30 takes to account for a transitory group of dolphins that may occur in the project area over the course of
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                                                the project.
                                                  ∧ Total take number is 149, not 148 because we round at the end, whereas here, it shows rounding per day.




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


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                           29505

                                                for taking for certain subsistence uses                 Monitoring and Shutdown for                            distance from the observer, which is
                                                (latter not applicable for this action).                Construction Activities                                then compared to the location from the
                                                NMFS regulations require applicants for                    The following measures would apply                  pile. It may then be estimated whether
                                                incidental take authorizations to include               to WETA’s mitigation through                           the animal was exposed to sound levels
                                                information about the availability and                  shutdown and disturbance zones:                        constituting incidental harassment on
                                                feasibility (economic and technological)                   Shutdown Zone—For all pile driving                  the basis of predicted distances to
                                                of equipment, methods, and manner of                    activities, WETA will establish a                      relevant thresholds in post-processing of
                                                conducting such activity or other means                 shutdown zone intended to contain the                  observational and acoustic data, and a
                                                of effecting the least practicable adverse              area in which SPLs equal or exceed the                 precise accounting of observed
                                                impact upon the affected species or                     auditory injury criteria for cetaceans                 incidences of harassment created. This
                                                stocks and their habitat (50 CFR                        and pinnipeds. The purpose of a                        information may then be used to
                                                216.104(a)(11)).                                        shutdown zone is to define an area                     extrapolate observed takes to reach an
                                                                                                        within which shutdown of activity                      approximate understanding of actual
                                                   In evaluating how mitigation may or                                                                         total takes.
                                                may not be appropriate to ensure the                    would occur upon sighting of a marine
                                                                                                                                                                  Monitoring Protocols—Monitoring
                                                least practicable adverse impact on                     mammal (or in anticipation of an animal
                                                                                                                                                               would be conducted before, during, and
                                                species or stocks and their habitat, as                 entering the defined area), thus
                                                                                                                                                               after pile driving and vibratory removal
                                                well as subsistence uses where                          preventing injury of marine mammals
                                                                                                                                                               activities. In addition, observers shall
                                                applicable, we carefully balance two                    (as described previously under Potential               record all instances of marine mammal
                                                primary factors:                                        Effects of the Specified Activity on                   occurrence, regardless of distance from
                                                                                                        Marine Mammals, serious injury or                      activity, and shall document any
                                                   (1) The manner in which, and the                     death are unlikely outcomes even in the
                                                degree to which, the successful                                                                                behavioral reactions in concert with
                                                                                                        absence of mitigation measures).                       distance from piles being driven.
                                                implementation of the measure(s) is                     Modeled radial distances for shutdown
                                                expected to reduce impacts to marine                                                                           Observations made outside the
                                                                                                        zones are shown in Table 5. However,                   shutdown zone will not result in
                                                mammals, marine mammal species or                       a minimum shutdown zone of 30 m will
                                                stocks, and their habitat—which                                                                                shutdown; that pile segment would be
                                                                                                        be established during all pile driving                 completed without cessation, unless the
                                                considers the nature of the potential                   activities, regardless of the estimated                animal approaches or enters the
                                                adverse impact being mitigated                          zone.                                                  shutdown zone, at which point all pile
                                                (likelihood, scope, range), as well as the                 Disturbance Zone—Disturbance zones                  driving activities would be halted.
                                                likelihood that the measure will be                     are the areas in which SPLs equal or                   Monitoring will take place from 30
                                                effective if implemented; and the                       exceed 160 and 120 dB rms (for impulse                 minutes prior to initiation through
                                                likelihood of effective implementation,                 and continuous sound, respectively).                   thirty minutes post-completion of pile
                                                and;                                                    Disturbance zones provide utility for                  driving and removal activities. Pile
                                                   (2) the practicability of the measures               monitoring conducted for mitigation                    driving activities include the time to
                                                for applicant implementation, which                     purposes (i.e., shutdown zone                          install or remove a single pile or series
                                                may consider such things as cost,                       monitoring) by establishing monitoring                 of piles, as long as the time elapsed
                                                impact on operations, and, in the case                  protocols for areas adjacent to the                    between uses of the pile driving
                                                of a military readiness activity,                       shutdown zones. Monitoring of                          equipment is no more than 30 minutes.
                                                personnel safety, practicality of                       disturbance zones enables observers to                 Please see the Monitoring Plan
                                                implementation, and impact on the                       be aware of and communicate the                        (www.nmfs.noaa.gov/pr/permits/
                                                effectiveness of the military readiness                 presence of marine mammals in the                      incidental/construction.htm), developed
                                                activity.                                               project area but outside the shutdown                  by WETA in agreement with NMFS, for
                                                                                                        zone and thus prepare for potential                    full details of the monitoring protocols.
                                                   Measurements from similar pile                       shutdowns of activity. However, the
                                                driving events were coupled with                                                                                  The following additional measures
                                                                                                        primary purpose of disturbance zone                    apply to visual monitoring:
                                                practical spreading loss to estimate                    monitoring is for documenting instances                   (1) Monitoring will be conducted by
                                                zones of influence (ZOI; see Estimated                  of Level B harassment; disturbance zone                qualified observers, who will be placed
                                                Take by Incidental Harassment); these                   monitoring is discussed in greater detail              at the best vantage point(s) practicable
                                                values were used to develop mitigation                  later (see Proposed Monitoring and                     to monitor for marine mammals and
                                                measures for pile driving and removal                   Reporting). Nominal radial distances for               implement shutdown/delay procedures
                                                activities at the Project area. The ZOIs                disturbance zones are shown in Table 6.                when applicable by calling for the
                                                effectively represent the mitigation zone                  Given the size of the disturbance zone              shutdown to the hammer operator. A
                                                that would be established around each                   for vibratory pile driving, it is                      minimum of two observers will be
                                                pile to prevent Level A harassment to                   impossible to guarantee that all animals               required for all pile driving/removal
                                                marine mammals, while providing                         would be observed or to make                           activities. Marine Mammal Observer
                                                estimates of the areas within which                     comprehensive observations of fine-                    (MMO) requirements for construction
                                                Level B harassment might occur. In                      scale behavioral reactions to sound, and               actions are as follows:
                                                addition to the specific measures                       only a portion of the zone (e.g., what                    (a) Independent observers (i.e., not
                                                described later in this section, WETA                   may be reasonably observed by visual                   construction personnel) are required;
                                                would conduct briefings between                         observers stationed within the turning                    (b) At least one observer must have
                                                construction supervisors and crews,                     basin) would be observed. In order to
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                                                                                                                                                               prior experience working as an observer;
                                                marine mammal monitoring team, and                      document observed instances of                            (c) Other observers (that do not have
                                                WETA staff prior to the start of all pile               harassment, monitors record all marine                 prior experience) may substitute
                                                driving activity, and when new                          mammal observations, regardless of                     education (undergraduate degree in
                                                personnel join the work, in order to                    location. The observer’s location, as                  biological science or related field) or
                                                explain responsibilities, communication                 well as the location of the pile being                 training for experience;
                                                procedures, marine mammal monitoring                    driven, is known from a GPS. The                          (d) Where a team of three or more
                                                protocol, and operational procedures.                   location of the animal is estimated as a               observers are required, one observer


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                                                29506                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                should be designated as lead observer or                and been visually confirmed beyond the                    Any mitigation measure(s) we
                                                monitoring coordinator. The lead                        shutdown zone or fifteen minutes have                  prescribe should be able to accomplish,
                                                observer must have prior experience                     passed without re-detection of small                   have a reasonable likelihood of
                                                working as an observer; and                             cetaceans and pinnipeds, and thirty                    accomplishing (based on current
                                                   (e) NMFS will require submission and                 minutes for gray whales. Monitoring                    science), or contribute to the
                                                approval of observer CVs.                               will be conducted throughout the time                  accomplishment of one or more of the
                                                   (2) Qualified MMOs are trained                       required to drive a pile.                              general goals listed below:
                                                biologists, and need the following                         (5) Using delay and shut-down                          (1) Avoidance or minimization of
                                                additional minimum qualifications:                      procedures, if a species for which                     injury or death of marine mammals
                                                   (a) Visual acuity in both eyes                       authorization has not been granted                     wherever possible (goals 2, 3, and 4 may
                                                (correction is permissible) sufficient for              (including but not limited to Guadalupe                contribute to this goal);
                                                discernment of moving targets at the                    fur seals and humpback whales) or if a                    (2) A reduction in the number (total
                                                water’s surface with ability to estimate                species for which authorization has                    number or number at biologically
                                                target size and distance; use of                        been granted but the authorized takes                  important time or location) of
                                                binoculars may be necessary to correctly                are met, approaches or is observed                     individual marine mammals exposed to
                                                identify the target;                                    within the Level B harassment zone,                    stimuli expected to result in incidental
                                                   (b) Ability to conduct field                         activities will shut down immediately                  take (this goal may contribute to 1,
                                                observations and collect data according                 and not restart until the animals have                 above, or to reducing takes by
                                                to assigned protocols;                                  been confirmed to have left the area.                  behavioral harassment only);
                                                   (c) Experience or training in the field                                                                        (3) A reduction in the number (total
                                                identification of marine mammals,                       Soft Start
                                                                                                                                                               number or number at biologically
                                                including the identification of                            The use of a soft start procedure is                important time or location) of times any
                                                behaviors;                                              believed to provide additional                         individual marine mammal would be
                                                   (d) Sufficient training, orientation, or             protection to marine mammals by                        exposed to stimuli expected to result in
                                                experience with the construction                        warning or providing a chance to leave                 incidental take (this goal may contribute
                                                operation to provide for personal safety                the area prior to the hammer operating                 to 1, above, or to reducing takes by
                                                during observations;                                    at full capacity, and typically involves               behavioral harassment only);
                                                   (e) Writing skills sufficient to prepare             a requirement to initiate sound from the                  (4) A reduction in the intensity of
                                                a report of observations including but                  hammer at reduced energy followed by                   exposure to stimuli expected to result in
                                                not limited to the number and species                   a waiting period. This procedure is                    incidental take (this goal may contribute
                                                of marine mammals observed; dates and                   repeated two additional times. It is                   to 1, above, or to reducing the severity
                                                times when in-water construction                        difficult to specify the reduction in                  of behavioral harassment only);
                                                activities were conducted; dates and                    energy for any given hammer because of                    (5) Avoidance or minimization of
                                                times when in-water construction                        variation across drivers and, for impact               adverse effects to marine mammal
                                                activities were suspended to avoid                      hammers, the actual number of strikes at               habitat, paying particular attention to
                                                potential incidental injury from                        reduced energy will vary because                       the prey base, blockage or limitation of
                                                construction sound of marine mammals                    operating the hammer at less than full                 passage to or from biologically
                                                observed within a defined shutdown                      power results in ‘‘bouncing’’ of the                   important areas, permanent destruction
                                                zone; and marine mammal behavior;                       hammer as it strikes the pile, resulting               of habitat, or temporary disturbance of
                                                and                                                     in multiple ‘‘strikes.’’ For impact                    habitat during a biologically important
                                                   (f) Ability to communicate orally, by                driving, we require an initial set of three            time; and
                                                radio or in person, with project                        strikes from the impact hammer at                         (6) For monitoring directly related to
                                                personnel to provide real-time                          reduced energy, followed by a 30-                      mitigation, an increase in the
                                                information on marine mammals                           second waiting period, then two                        probability of detecting marine
                                                observed in the area as necessary.                      subsequent 3 strike sets. Soft start will              mammals, thus allowing for more
                                                   (3) Prior to the start of pile driving               be required at the beginning of each                   effective implementation of the
                                                activity, the shutdown zone will be                     day’s impact pile driving work and at                  mitigation.
                                                monitored for thirty minutes to ensure                  any time following a cessation of impact                  Based on our evaluation of WETA’s
                                                that it is clear of marine mammals. Pile                pile driving of 30 minutes or longer.                  proposed measures, as well as any other
                                                driving will only commence once                                                                                potential measures considered by
                                                observers have declared the shutdown                    Sound Attenuation Devices                              NMFS, NMFS has preliminarily
                                                zone clear of marine mammals; animals                      Two types of sound attenuation                      determined that the proposed mitigation
                                                will be allowed to remain in the                        devices would be used during impact                    measures provide the means of effecting
                                                shutdown zone (i.e., must leave of their                pile-driving: Bubble curtains and pile                 the least practicable impact on marine
                                                own volition) and their behavior will be                cushions. WETA would employ the use                    mammal species or stocks and their
                                                monitored and documented. The                           of a bubble curtain during impact pile-                habitat, paying particular attention to
                                                shutdown zone may only be declared                      driving, which is assumed to reduce the                rookeries, mating grounds, and areas of
                                                clear, and pile driving started, when the               source level by 10 dB. WETA would                      similar significance.
                                                entire shutdown zone is visible (i.e.,                  also employ the use of 12-inch-thick
                                                when not obscured by dark, rain, fog,                   wood cushion block on impact hammers                   Proposed Monitoring and Reporting
                                                etc.). In addition, if such conditions                  to attenuate underwater sound levels.                     In order to issue an IHA for an
                                                                                                           We have carefully evaluated WETA’s                  activity, section 101(a)(5)(D) of the
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                                                should arise during impact pile driving
                                                that is already underway, the activity                  proposed mitigation measures and                       MMPA states that NMFS must set forth
                                                would be halted.                                        considered their effectiveness in past                 ‘‘requirements pertaining to the
                                                   (4) If a marine mammal approaches or                 implementation to preliminarily                        monitoring and reporting of such
                                                enters the shutdown zone during the                     determine whether they are likely to                   taking.’’ The MMPA implementing
                                                course of pile driving operations,                      effect the least practicable impact on the             regulations at 50 CFR 216.104(a)(13)
                                                activity will be halted and delayed until               affected marine mammal species and                     indicate that requests for authorizations
                                                either the animal has voluntarily left                  stocks and their habitat.                              must include the suggested means of


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                             29507

                                                accomplishing the necessary monitoring                  disturbance zone before, during, and                   the animal, if any. In addition, WETA
                                                and reporting that will result in                       after pile driving, with observers located             will attempt to distinguish between the
                                                increased knowledge of the species and                  at the best practicable vantage points.                number of individual animals taken and
                                                of the level of taking or impacts on                    Based on our requirements, WETA                        the number of incidences of take. We
                                                populations of marine mammals that are                  would implement the following                          require that, at a minimum, the
                                                expected to be present in the proposed                  procedures for pile driving and removal:               following information be collected on
                                                action area. Effective reporting is critical               • MMOs would be located at the best                 the sighting forms:
                                                to both compliance and ensuring that                    vantage point(s) in order to properly see                 • Date and time that monitored
                                                the most value is obtained from the                     the entire shutdown zone and as much                   activity begins or ends;
                                                required monitoring.                                    of the disturbance zone as possible;                      • Construction activities occurring
                                                   Monitoring and reporting                                • During all observation periods,                   during each observation period;
                                                requirements prescribed by NMFS                         observers will use binoculars and the                     • Weather parameters (e.g., percent
                                                should contribute to improved                           naked eye to search continuously for                   cover, visibility);
                                                understanding of one or more of the                     marine mammals;                                           • Water conditions (e.g., sea state,
                                                following:                                                 • If the shutdown zones are obscured                tide state);
                                                   • Occurrence of marine mammal                        by fog or poor lighting conditions, pile                  • Species, numbers, and, if possible,
                                                species in action area (e.g., presence,                 driving at that location will not be                   sex and age class of marine mammals;
                                                abundance, distribution, density);                      initiated until that zone is visible.                     • Description of any observable
                                                   • Nature, scope, or context of likely                Should such conditions arise while                     marine mammal behavior patterns,
                                                marine mammal exposure to potential                     impact driving is underway, the activity               including bearing and direction of
                                                stressors/impacts (individual or                        would be halted; and                                   travel, and if possible, the correlation to
                                                cumulative, acute or chronic), through                     • The shutdown and disturbance                      SPLs;
                                                better understanding of: (1) Action or                  zones around the pile will be monitored                   • Distance from pile driving or
                                                environment (e.g., source                               for the presence of marine mammals                     removal activities to marine mammals
                                                characterization, propagation, ambient                  before, during, and after any pile driving             and distance from the marine mammals
                                                noise); (2) affected species (e.g., life                or removal activity.                                   to the observation point;
                                                history, dive patterns); (3) co-occurrence                 Individuals implementing the                           • Description of implementation of
                                                of marine mammal species with the                       monitoring protocol will assess its                    mitigation measures (e.g., shutdown or
                                                action; or (4) biological or behavioral                 effectiveness using an adaptive                        delay);
                                                context of exposure (e.g., age, calving or              approach. The monitoring biologists                       • Locations of all marine mammal
                                                feeding areas);                                         will use their best professional                       observations; and
                                                   • Individual marine mammal                           judgment throughout implementation                        • Other human activity in the area.
                                                responses (behavioral or physiological)                 and seek improvements to these
                                                                                                        methods when deemed appropriate.                       Hydroacousting Monitoring
                                                to acoustic stressors (acute, chronic, or
                                                cumulative), other stressors, or                        Any modifications to protocol will be                    The monitoring will be done in
                                                cumulative impacts from multiple                        coordinated between NMFS and WETA.                     accordance with the methodology
                                                stressors;                                                 In additions, the MMO(s) will survey                outlined in this Hydroacoustic
                                                   • How anticipated responses to                       the potential Level A and nearby Level                 Monitoring Plan (see Appendix B of
                                                stressors impact either: (1) Long-term                  B harassment zones (areas within                       WETA’s application for more
                                                fitness and survival of individual                      approximately 2,000 feet of the pile-                  information on this Plan, including the
                                                marine mammals; or (2) population,                      driving area observable from the shore)                methodology, equipment, and reporting
                                                species, or stock;                                      on 2 separate days—no earlier than 7                   information). The monitoring is based
                                                   • Effects on marine mammal habitat                   days before the first day of                           on dual metric criteria that will include:
                                                (e.g., marine mammal prey species,                      construction—to establish baseline                     The following:
                                                acoustic habitat, or other important                    observations. Special attention will be                  • Establish the distance to the 206-dB
                                                physical components of marine                           given to the harbor seal haul-out sites in             peak sound pressure criteria;
                                                mammal habitat); and                                    proximity to the project (i.e., the harbor               • Verify the extent of Level A
                                                   • Mitigation and monitoring                          seal platform and Breakwater Island).                  harassment zones for marine mammals;
                                                effectiveness.                                          Monitoring will be timed to occur                      and
                                                   WETA’s proposed monitoring and                       during various tides (preferably low and                 • Verify the attenuation provided by
                                                reporting is also described in their                    high tides) during daylight hours from                 bubble curtains.
                                                Marine Mammal Monitoring Plan, on                       locations that provide the best vantage                  • Provide all monitoring data to
                                                the Internet at www.nmfs.noaa.gov/pr/                   point available, including the pier,                   NMFS.
                                                permits/incidental/construction.htm.                    breakwater, and adjacent docks within                  Reporting
                                                                                                        the harbor. The information collected
                                                Visual Marine Mammal Observations                                                                                 A draft report would be submitted to
                                                                                                        from baseline monitoring will be used
                                                  WETA will collect sighting data and                   for comparison with results of                         NMFS within 90 days of the completion
                                                behavioral responses to construction for                monitoring during pile-driving                         of marine mammal monitoring, or sixty
                                                marine mammal species observed in the                   activities.                                            days prior to the requested date of
                                                region of activity during the period of                                                                        issuance of any future IHA for projects
                                                activity. All marine mammal observers                   Data Collection                                        at the same location, whichever comes
                                                (MMOs) will be trained in marine                          We require that observers use                        first. The report will include marine
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                                                mammal identification and behaviors                     approved data forms. Among other                       mammal observations pre-activity,
                                                and are required to have no other                       pieces of information, WETA will                       during-activity, and post-activity during
                                                construction-related tasks while                        record detailed information about any                  pile driving and removal days, and will
                                                conducting monitoring. A minimum of                     implementation of shutdowns,                           also provide descriptions of any
                                                two MMOs will be required for all pile                  including the distance of animals to the               behavioral responses to construction
                                                driving/removal activities. WETA will                   pile and description of specific actions               activities by marine mammals and a
                                                monitor the shutdown zone and                           that ensued and resulting behavior of                  complete description of all mitigation


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                                                29508                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                shutdowns and the results of those                      marine mammals. The potential for                         Effects on individuals that are taken
                                                actions and an extrapolated total take                  these outcomes is minimized through                    by Level B harassment, on the basis of
                                                estimate based on the number of marine                  the construction method and the                        reports in the literature as well as
                                                mammals observed during the course of                   implementation of the planned                          monitoring from other similar activities,
                                                construction. A final report must be                    mitigation measures. Specifically,                     will likely be limited to reactions such
                                                submitted within 30 days following                      vibratory hammers will be the primary                  as increased swimming speeds,
                                                resolution of comments on the draft                     method of installation (impact driving is              increased surfacing time, or decreased
                                                report.                                                 included only as a contingency). Impact                foraging (if such activity were occurring)
                                                                                                        pile driving produces short, sharp                     (e.g., Thorson and Reyff 2006; Lerma
                                                Negligible Impact Analysis and
                                                                                                        pulses with higher peak levels and                     2014). Most likely, individuals will
                                                Determinations
                                                                                                        much sharper rise time to reach those                  simply move away from the sound
                                                   NMFS has defined negligible impact                   peaks. If impact driving is necessary,                 source and be temporarily displaced
                                                as an impact resulting from the                         implementation of soft start and                       from the areas of pile driving, although
                                                specified activity that cannot be                       shutdown zones significantly reduces                   even this reaction has been observed
                                                reasonably expected to, and is not                      any possibility of injury. Given                       primarily only in association with
                                                reasonably likely to, adversely affect the              sufficient ‘‘notice’’ through use of soft              impact pile driving. Thus, even repeated
                                                species or stock through effects on                     start (for impact driving), marine                     Level B harassment of some small
                                                annual rates of recruitment or survival                 mammals are expected to move away                      subset of the overall stock is unlikely to
                                                (50 CFR 216.103). A negligible impact                   from a sound source that is annoying                   result in any significant realized
                                                finding is based on the lack of likely                  prior to it becoming potentially                       decrease in fitness for the affected
                                                adverse effects on annual rates of                      injurious. WETA will also employ the                   individuals, and thus would not result
                                                recruitment or survival (i.e., population-              use of 12-inch-thick wood cushion                      in any adverse impact to the stock as a
                                                level effects). An estimate of the number               block on impact hammers, and a bubble                  whole. For harbor seals that may transit
                                                of takes alone is not enough information                curtain as sound attenuation devices.                  through the ensonified area to get to
                                                on which to base an impact                              Environmental conditions at Alameda                    their haul out located approximately
                                                determination. In addition to                           Point mean that marine mammal                          300 m from the project area, Level A
                                                considering estimates of the number of                  detection ability by trained observers is              harassment may occur. However, harbor
                                                marine mammals that might be ‘‘taken’’                  high, enabling a high rate of success in               seals are not expected to be in the
                                                through harassment, NMFS considers                      implementation of shutdowns to avoid                   injurious ensonified area for long
                                                other factors, such as the likely nature                injury.                                                periods of time; therefore, the potential
                                                of any responses (e.g., intensity,                         WETA’s proposed activities are                      for those seals to actually have PTS is
                                                duration), the context of any responses                 localized and of relatively short                      considered unlikely.
                                                (e.g., critical reproductive time or                    duration (a maximum of 22 days for pile                   In summary and as described above,
                                                location, migration), as well as effects                driving and removal). The entire project               the following factors primarily support
                                                on habitat, and the likely effectiveness                area is limited to the Central Bay                     our preliminary determination that the
                                                of the mitigation. We also assess the                   operations and maintenance facility area               impacts resulting from this activity are
                                                number, intensity, and context of                       and its immediate surroundings. These                  not expected to adversely affect the
                                                estimated takes by evaluating this                      localized and short-term noise                         species or stock through effects on
                                                information relative to population                      exposures may cause short-term                         annual rates of recruitment or survival:
                                                status. Consistent with the 1989                        behavioral modifications in harbor                        • No mortality or serious injury is
                                                preamble for NMFS’s implementing                        seals, northern fur seals, northern                    anticipated or authorized;
                                                regulations (54 FR 40338; September 29,                 elephant seals, California sea lions,                     • Level B harassment may consist of,
                                                1989), the impacts from other past and                  harbor porpoises, bottlenose dolphins,                 at worst, temporary modifications in
                                                ongoing anthropogenic activities are                    and gray whales. Moreover, the                         behavior (e.g. temporary avoidance of
                                                incorporated into this analysis via their               proposed mitigation and monitoring                     habitat or changes in behavior);
                                                impacts on the environmental baseline                   measures are expected to reduce the                       • The lack of important feeding,
                                                (e.g., as reflected in the regulatory status            likelihood of injury and behavior                      pupping, or other areas in the action
                                                of the species, population size and                     exposures. Additionally, no important                  area;
                                                growth rate where known, ongoing                        feeding and/or reproductive areas for                     • The high level of ambient noise
                                                sources of human-caused mortality, or                   marine mammals are known to be                         already in the Alameda Point area; and
                                                ambient noise levels).                                  within the ensonified area during the                     • The small percentage of the stock
                                                   Pile driving and removal activities                  construction time frame.                               that may be affected by project activities
                                                associated with the facility construction                  The project also is not expected to                 (<11.479 percent for all species).
                                                project, as outlined previously, have the               have significant adverse effects on                       Based on the analysis contained
                                                potential to disturb or displace marine                 affected marine mammals’ habitat. The                  herein of the likely effects of the
                                                mammals. Specifically, the specified                    project activities would not modify                    specified activity on marine mammals
                                                activities may result in take, in the form              existing marine mammal habitat for a                   and their habitat, and taking into
                                                of Level A and Level B harassment (PTS                  significant amount of time. The                        consideration the implementation of the
                                                and behavioral disturbance), from                       activities may cause some fish to leave                proposed monitoring and mitigation
                                                underwater sounds generated from pile                   the area of disturbance, thus temporarily              measures, NMFS preliminarily finds
                                                driving and removal. Potential takes                    impacting marine mammals’ foraging                     that the total marine mammal take from
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                                                could occur if individuals of these                     opportunities in a limited portion of the              WETA’s construction activities will
                                                species are present in the ensonified                   foraging range. However, because of the                have a negligible impact on the affected
                                                zone when pile driving and removal                      short duration of the activities and the               marine mammal species or stocks.
                                                occurs.                                                 relatively small area of the habitat that
                                                   No injury, serious injury, or mortality              may be affected, the impacts to marine                 Small Numbers
                                                is anticipated given the nature of the                  mammal habitat are not expected to                       As noted above, only small numbers
                                                activities and measures designed to                     cause significant or long-term negative                of incidental take may be authorized
                                                minimize the possibility of injury to                   consequences.                                          under Section 101(a)(5)(D) of the MMPA


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                                                                                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                                                    29509

                                                for specified activities other than                                        to received noise levels that could cause                                   (Table 10). For pinnipeds, especially
                                                military readiness activities. The MMPA                                    Level B behavioral harassment for the                                       harbor seals occurring in the vicinity of
                                                does not define small numbers and so,                                      proposed work at the project site                                           the project area, there will almost
                                                in practice, where estimated numbers                                       relative to the total stock abundance.                                      certainly be some overlap in individuals
                                                are available, NMFS compares the                                           The numbers of animals authorized to                                        present day-to-day, and the number of
                                                number of individuals taken to the most                                    be taken for all species would be                                           individuals taken is expected to be
                                                appropriate estimation of abundance of                                     considered small relative to the relevant                                   notably lower.
                                                the relevant species or stock in our                                       stocks or populations even if each
                                                determination of whether an                                                estimated instance of take occurred to a                                       Based on the analysis contained
                                                authorization is limited to small                                          new individual—an extremely unlikely                                        herein of the proposed activity
                                                numbers of marine mammals.                                                 scenario. The total percent of the                                          (including the proposed mitigation and
                                                Additionally, other qualitative factors                                    population (if each instance was a                                          monitoring measures) and the
                                                may be considered in the analysis, such                                    separate individual) for which take is                                      anticipated take of marine mammals,
                                                as the temporal or spatial scale of the                                    requested is approximately 1.5 percent                                      NMFS preliminarily finds that small
                                                activities.                                                                for harbor seals, approximately 11                                          numbers of marine mammals will be
                                                  Table 10 details the number of                                           percent for bottlenose dolphins, and less                                   taken relative to the population size of
                                                instances that animals could be exposed                                    than 1 percent for all other species                                        the affected species or stocks.

                                                      TABLE 10—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL B HARASSMENT
                                                                                                                                                                                                      Proposed                 Stock(s)      Percentage of
                                                                                                                 Species                                                                              authorized             abundance        total stock
                                                                                                                                                                                                        takes                 estimate 1       (percent)

                                                Harbor Seal (Phoca vitulina) California stock .............................................................................                                         467           30,968                 1.5
                                                California sea lion (Zalophus californianus) U.S. Stock ..............................................................                                              149          296,750               0.05
                                                Northern elephant seal (Mirounga angustirostris) California breeding stock ..............................                                                            18          179,000              0.010
                                                Northern fur seal (Callorhinus ursinus) California stock .............................................................                                               10           14,050              0.071
                                                Harbor Porpoise (Phocoena phocoena) San Francisco-Russian River Stock ...........................                                                                    10            9,886              0.101
                                                Gray whale (Eschrichtius robustus) Eastern North Pacific stock ................................................                                                       2           20,990              0.009
                                                Bottlenose dolphin (Tursiops truncatus) California coastal stock ...............................................                                                     52              453             11.479
                                                   1 All   stock abundance estimates presented here are from the 2015 Pacific Stock Assessment Report.


                                                Unmitigable Adverse Impact Analysis                                        ESA compliance for the issuance of                                          a draft of the IHA itself. The wording
                                                and Determination                                                          IHAs, NMFS consults internally, in this                                     contained in this section is proposed for
                                                  There are no relevant subsistence uses                                   case with the West Coast regional                                           inclusion in the IHA (if issued).
                                                of the affected marine mammal stocks or                                    Protected Resources Division Office,                                           1. This Incidental Harassment
                                                species implicated by this action.                                         whenever we propose to authorize take                                       Authorization (IHA) is valid for 1 year
                                                Therefore, NMFS has determined that                                        for endangered or threatened species.                                       from August 1, 2017 through July 31,
                                                the total taking of affected species or                                      No incidental take of ESA-listed                                          2018.
                                                stocks would not have an unmitigable                                       marine mammal species is proposed for                                          2. This IHA is valid only for pile
                                                adverse impact on the availability of                                      authorization or expected to result from                                    driving and removal activities
                                                such species or stocks for taking for                                      these activities. Therefore, NMFS has                                       associated with the Central Bay
                                                subsistence purposes.                                                      determined that formal consultation                                         Operations and Maintenance Facility
                                                                                                                           under section 7 of the ESA is not                                           Project in San Francisco Bay, CA.
                                                Endangered Species Act (ESA)                                               required for this action.                                                      3. General Conditions.
                                                   Section 7(a)(2) of the Endangered                                                                                                                      (a) A copy of this IHA must be in the
                                                                                                                           Proposed Authorization
                                                Species Act of 1973 (ESA: 16 U.S.C.                                                                                                                    possession of WETA, its designees, and
                                                1531 et seq.) requires that each Federal                                     As a result of these preliminary                                          work crew personnel operating under
                                                agency insure that any action it                                           determinations, NMFS proposes to issue                                      the authority of this IHA.
                                                authorizes, funds, or carries out is not                                   an IHA to WETA for conducting their                                            (b) The species authorized for taking
                                                likely to jeopardize the continued                                         Central Bay Operations and                                                  are summarized in Table 1.
                                                existence of any endangered or                                             Maintenance Facility Project, provided                                         (c) The taking, by Level B harassment
                                                threatened species or result in the                                        the previously mentioned mitigation,                                        only, is limited to the species listed in
                                                destruction or adverse modification of                                     monitoring, and reporting requirements                                      condition 3(b). See Table 1 for numbers
                                                designated critical habitat. To ensure                                     are incorporated. This section contains                                     of take authorized.

                                                                                                                           TABLE 1—AUTHORIZED TAKE NUMBERS
                                                                                                                                                                                                                                  Authorized take
                                                                                                                              Species
                                                                                                                                                                                                                              Level A          Level B
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                                                Harbor seal ..............................................................................................................................................................              18               467
                                                California sea lion ....................................................................................................................................................                 0               149
                                                Northern elephant seal ............................................................................................................................................                      0                18
                                                Northern fur seal ......................................................................................................................................................                 0                10
                                                Harbor porpoise .......................................................................................................................................................                  0                10
                                                Gray whale ...............................................................................................................................................................               0                 2



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                                                29510                                   Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                                                                             TABLE 1—AUTHORIZED TAKE NUMBERS—Continued
                                                                                                                                                                                                                            Authorized take
                                                                                                                             Species
                                                                                                                                                                                                                         Level A        Level B

                                                Bottlenose dolphin ...................................................................................................................................................             0              52



                                                  (d) The taking by injury (Level A                                      animals. Observations near Alameda                                        Monitoring Plan. Trained observers
                                                harassment), serious injury, or death of                                 Point shall be distinguished from those                                   shall be placed from the best vantage
                                                the species listed in condition 3(b) of                                  in the nearshore waters of San Francisco                                  point(s) practicable to monitor for
                                                the Authorization or any taking of any                                   Bay.                                                                      marine mammals and implement
                                                other species of marine mammal is                                           iii. All observers shall be equipped for                               shutdown or delay procedures when
                                                prohibited and may result in the                                         communication of marine mammal                                            applicable through communication with
                                                modification, suspension, or revocation                                  observations amongst themselves and to                                    the equipment operator. Observer
                                                of this IHA, unless authorization of take                                other relevant personnel (e.g., those                                     training must be provided prior to
                                                by Level A harassment is listed in                                       necessary to effect activity delay or                                     project start and in accordance with the
                                                condition 3(b) of this Authorization.                                    shutdown).                                                                monitoring plan, and shall include
                                                  (e) WETA shall conduct briefings                                          (d) Monitoring shall take place from                                   instruction on species identification
                                                between construction supervisors and                                     thirty minutes prior to initiation of pile                                (sufficient to distinguish the species
                                                crews, marine mammal monitoring                                          driving and removal activity through                                      listed in 3(b)), description and
                                                team, and WETA staff prior to the start                                  thirty minutes post-completion of pile                                    categorization of observed behaviors
                                                of all pile driving and removal                                          driving and removal activity. In the                                      and interpretation of behaviors that may
                                                activities, and when new personnel join                                  event of a delay or shutdown of activity                                  be construed as being reactions to the
                                                the work.                                                                resulting from marine mammals in the                                      specified activity, proper completion of
                                                  4. Mitigation Measures.                                                shutdown zone, animals shall be                                           data forms, and other basic components
                                                  The holder of this Authorization is                                    allowed to remain in the shutdown zone                                    of biological monitoring, including
                                                required to implement the following                                      (i.e., must leave of their own volition)                                  tracking of observed animals or groups
                                                mitigation measures.                                                     and their behavior shall be monitored                                     of animals such that repeat sound
                                                  (a) For all pile driving and removal,                                  and documented. Monitoring shall                                          exposures may be attributed to
                                                WETA shall implement a minimum                                           occur throughout the time required to                                     individuals (to the extent possible).
                                                shutdown zone of 30 m radius around                                      drive a pile. The shutdown zone must                                         (i) WETA shall use soft start
                                                the pile. If a marine mammal comes                                       be determined to be clear during periods                                  techniques recommended by NMFS for
                                                within or approaches the shutdown                                        of good visibility (i.e., the entire                                      impact pile driving. Soft start requires
                                                zone, such operations shall cease.                                       shutdown zone and surrounding waters                                      contractors to provide an initial set of
                                                  (b) For in-water heavy machinery                                       must be visible to the naked eye).                                        strikes at reduced energy, followed by a
                                                work other than pile driving (e.g.,                                         (e) If a marine mammal approaches or                                   thirty-second waiting period, then two
                                                standard barges, tug boats, barge-                                       enters the shutdown zone, all pile                                        subsequent reduced energy strike sets.
                                                mounted excavators, or clamshell                                         driving and removal activities at that                                    Soft start shall be implemented at the
                                                equipment used to place or remove                                        location shall be halted. If pile driving                                 start of each day’s impact pile driving
                                                material), if a marine mammal comes                                      is halted or delayed due to the presence                                  and at any time following cessation of
                                                within 10 meters, operations shall cease                                 of a marine mammal, the activity may                                      impact pile driving for a period of thirty
                                                and vessels shall reduce speed to the                                    not commence or resume until either                                       minutes or longer.
                                                minimum level required to maintain                                       the animal has voluntarily left and been                                     (j) Sound attenuation devices—
                                                steerage and safe working conditions.                                    visually confirmed beyond the                                             Approved sound attenuation devices
                                                  (c) WETA shall establish monitoring                                    shutdown zone or fifteen minutes have                                     (e.g. bubble curtain, pile cushion) shall
                                                locations as described below. Please                                     passed without re-detection of small                                      be used during impact pile driving
                                                also refer to the Marine Mammal                                          cetaceans and pinnipeds and 30                                            operations. WETA shall implement the
                                                Monitoring Plan (see                                                     minutes for gray whales.                                                  necessary contractual requirements to
                                                www.nmfs.noaa.gov/pr/permits/                                               (f) Level A and Level B zones may be                                   ensure that such devices are capable of
                                                incidental/construction.htm).                                            modified if additional hydroacoustic                                      achieving optimal performance, and that
                                                  i. For all pile driving and removal                                    measurements of construction activities                                   deployment of the device is
                                                activities, a minimum of two observers                                   have been conducted and NMFS has                                          implemented properly such that no
                                                shall be deployed, with one positioned                                   approved of the revised zones.                                            reduction in performance may be
                                                to achieve optimal monitoring of the                                        (g) Using delay and shut-down                                          attributable to faulty deployment.
                                                shutdown zone and the second                                             procedures, if a species for which                                           (k) Pile driving shall only be
                                                positioned to achieve optimal                                            authorization has not been granted                                        conducted during daylight hours.
                                                monitoring of surrounding waters of                                      (including but not limited to Guadalupe                                      5. Monitoring.
                                                Alameda Point and portions of San                                        fur seals and humpback whales) or if a                                       The holder of this Authorization is
                                                Francisco Bay. If practicable, the second                                species for which authorization has                                       required to conduct marine mammal
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                                                observer should be deployed to an                                        been granted but the authorized takes                                     monitoring during pile driving and
                                                elevated position with clear sight lines                                 are met, approaches or is observed                                        removal activities. Marine mammal
                                                to the Project area.                                                     within the Level B harassment zone,                                       monitoring and reporting shall be
                                                  ii. These observers shall record all                                   activities will shut down immediately                                     conducted in accordance with the
                                                observations of marine mammals,                                          and not restart until the animals have                                    Monitoring Plan.
                                                regardless of distance from the pile                                     been confirmed to have left the area.                                        (a) WETA shall collect sighting data
                                                being driven, as well as behavior and                                       (h) Monitoring shall be conducted by                                   and behavioral responses to pile driving
                                                potential behavioral reactions of the                                    qualified observers, as described in the                                  and removal for marine mammal species


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                  29511

                                                observed in the region of activity during                  Activities shall not resume until                     Dated: June 23, 2017.
                                                the period of activity. All observers                   NMFS is able to review the                             Donna S. Wieting,
                                                shall be trained in marine mammal                       circumstances of the prohibited take.                  Director, Office of Protected Resources,
                                                identification and behaviors, and shall                 NMFS will work with WETA to                            National Marine Fisheries Service.
                                                have no other construction-related tasks                determine what measures are necessary                  [FR Doc. 2017–13580 Filed 6–28–17; 8:45 am]
                                                while conducting monitoring.                            to minimize the likelihood of further                  BILLING CODE 3510–22–P
                                                   (b) For all marine mammal                            prohibited take and ensure MMPA
                                                monitoring, the information shall be                    compliance. WETA may not resume
                                                recorded as described in the Monitoring                                                                        DEPARTMENT OF COMMERCE
                                                                                                        their activities until notified by NMFS.
                                                Plan.
                                                   6. Reporting.                                           ii. In the event that WETA discovers                National Oceanic and Atmospheric
                                                   The holder of this Authorization is                  an injured or dead marine mammal, and                  Administration
                                                required to:                                            the lead observer determines that the
                                                   (a) Submit a draft report on all                                                                            RIN 0648–XF319
                                                                                                        cause of the injury or death is unknown
                                                monitoring conducted under the IHA                      and the death is relatively recent (e.g.,              Takes of Marine Mammals Incidental to
                                                within ninety days of the completion of                 in less than a moderate state of                       Specified Activities; Taking Marine
                                                marine mammal monitoring, or sixty                      decomposition), WETA shall                             Mammals Incidental to Coast
                                                days prior to the issuance of any                       immediately report the incident to the                 Boulevard Improvements Project, La
                                                subsequent IHA for projects at the                      Office of Protected Resources, NMFS,                   Jolla, California
                                                Project area, whichever comes first. A
                                                                                                        and the West Coast Regional Stranding
                                                final report shall be prepared and                                                                             AGENCY:  National Marine Fisheries
                                                                                                        Coordinator, NMFS.
                                                submitted within thirty days following                                                                         Service (NMFS), National Oceanic and
                                                resolution of comments on the draft                        The report must include the same                    Atmospheric Administration (NOAA),
                                                report from NMFS. This report must                      information identified in 6(b)(i) of this              Commerce.
                                                contain the informational elements                      IHA. Activities may continue while                     ACTION: Notice; issuance of an incidental
                                                described in the Monitoring Plan, at                    NMFS reviews the circumstances of the                  harassment authorization.
                                                minimum (see www.nmfs.noaa.gov/pr/                      incident. NMFS will work with WETA
                                                permits/incidental/construction.htm),                   to determine whether additional                        SUMMARY:   In accordance with the
                                                and shall also include:                                 mitigation measures or modifications to                regulations implementing the Marine
                                                   i. Detailed information about any                    the activities are appropriate.                        Mammal Protection Act (MMPA) as
                                                implementation of shutdowns,                                                                                   amended, notification is hereby given
                                                including the distance of animals to the                   iii. In the event that WETA discovers
                                                                                                                                                               that NMFS has issued an incidental
                                                pile and description of specific actions                an injured or dead marine mammal, and
                                                                                                                                                               harassment authorization (IHA) to the
                                                that ensued and resulting behavior of                   the lead observer determines that the
                                                                                                                                                               City of San Diego to incidentally harass,
                                                the animal, if any.                                     injury or death is not associated with or
                                                                                                                                                               by Level B harassment only, marine
                                                   ii. Description of attempts to                       related to the activities authorized in the            mammals during construction and
                                                distinguish between the number of                       IHA (e.g., previously wounded animal,                  demolition activities associated with a
                                                individual animals taken and the                        carcass with moderate to advanced                      public parking lot and sidewalk
                                                number of incidents of take, such as                    decomposition, scavenger damage),                      improvements project in La Jolla,
                                                ability to track groups or individuals.                 WETA shall report the incident to the                  California.
                                                   iii. An estimated total take estimate                Office of Protected Resources, NMFS,
                                                extrapolated from the number of marine                  and the West Coast Regional Stranding                  DATES:  This Authorization is effective
                                                mammals observed during the course of                                                                          from June 1, 2017, through December
                                                                                                        Coordinator, NMFS, within 24 hours of
                                                construction activities, if necessary.                                                                         14, 2017.
                                                                                                        the discovery. WETA shall provide
                                                   (b) Reporting injured or dead marine                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                        photographs or video footage or other
                                                mammals:                                                                                                       Jordan Carduner, Office of Protected
                                                   i. In the unanticipated event that the               documentation of the stranded animal
                                                                                                        sighting to NMFS.                                      Resources, NMFS, (301) 427–8401.
                                                specified activity clearly causes the take                                                                     Electronic copies of the application and
                                                of a marine mammal in a manner                             7. This Authorization may be                        supporting documents, as well as a list
                                                prohibited by this IHA, such as a serious               modified, suspended or withdrawn if                    of the references cited in this document,
                                                injury or mortality, WETA shall                         the holder fails to abide by the                       may be obtained online at:
                                                immediately cease the specified                         conditions prescribed herein, or if                    www.nmfs.noaa.gov/pr/permits/
                                                activities and report the incident to the               NMFS determines the authorized taking                  incidental/construction.htm. In case of
                                                Office of Protected Resources, NMFS,                    is having more than a negligible impact                problems accessing these documents,
                                                and the West Coast Regional Stranding                   on the species or stock of affected                    please call the contact listed above.
                                                Coordinator, NMFS. The report must                      marine mammals.                                        SUPPLEMENTARY INFORMATION:
                                                include the following information:
                                                   A. Time and date of the incident;                    Request for Public Comments                            Background
                                                   B. Description of the incident;
                                                   C. Environmental conditions (e.g.,                      We request comment on our analyses,                    Sections 101(a)(5)(A) and (D) of the
                                                wind speed and direction, Beaufort sea                  the draft authorization, and any other                 MMPA (16 U.S.C. 1361 et seq.) direct
                                                state, cloud cover, and visibility);                    aspect of this Notice of Proposed IHAs                 the Secretary of Commerce to allow,
                                                                                                                                                               upon request, the incidental, but not
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                                                   D. Description of all marine mammal                  for WETA’s Central Bay construction
                                                observations in the 24 hours preceding                  activities. Please include with your                   intentional, taking of small numbers of
                                                the incident;                                                                                                  marine mammals by U.S. citizens who
                                                                                                        comments any supporting data or
                                                   E. Species identification or                                                                                engage in a specified activity (other than
                                                                                                        literature citations to help inform our
                                                description of the animal(s) involved;                                                                         commercial fishing) within a specified
                                                                                                        final decision on WETA’s request for                   geographical region if certain findings
                                                   F. Fate of the animal(s); and
                                                   G. Photographs or video footage of the               MMPA authorization.                                    are made and either regulations are
                                                animal(s).                                                                                                     issued or, if the taking is limited to


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Document Created: 2018-11-14 10:16:45
Document Modified: 2018-11-14 10:16:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; proposed incidental harassment authorization; request for comments.
DatesComments and information must be received no later than July 31, 2017.
ContactLaura McCue, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the applications and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation82 FR 29486 
RIN Number0648-XF45

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