82_FR_42478 82 FR 42306 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Casitas Pier Fender Pile Replacement

82 FR 42306 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Casitas Pier Fender Pile Replacement

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range42306-42327
FR Document2017-18974

NMFS has received a request from Venoco, LLC (Venoco) for authorization to take marine mammals incidental to fender pile replacement at Casitas Pier in Carpinteria, CA. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. 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 172 (Thursday, September 7, 2017)
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42306-42327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18974]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF603


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Casitas Pier Fender Pile 
Replacement

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 Venoco, LLC (Venoco) for 
authorization to take marine mammals incidental to fender pile 
replacement at Casitas Pier in Carpinteria, CA. Pursuant to the Marine 
Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to issue an incidental harassment authorization (IHA) to 
incidentally take marine mammals during the specified activities. 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 October 
10, 2017.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Physical comments should be sent to 
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments 
should be sent to ITP.Young@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

[[Page 42307]]

Microsoft Word or Excel or Adobe PDF file formats only. All comments 
received are a part of the public record and will generally be posted 
online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm 
without change. All personal identifying information (e.g., name, 
address) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.

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

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 potential impacts 
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 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 June 13, 2017, NMFS received a request from Venoco LLC for an 
IHA to take marine mammals incidental to replacement of fender piles at 
Casitas Pier in Carpinteria, California. Venoco's request is for take 
of harbor seal, California sea lions, and bottlenose dolphins by Level 
B harassment only. Neither Venoco LLC nor NMFS expect mortality to 
result from this activity and, therefore, an IHA is appropriate.

Description of Proposed Activity

Overview

    Venoco is proposing to replace 13 fender piles at Casitas Pier 
(herein after ``Pier'') in Carpinteria, California. Fender piles at the 
end of the Pier are used to enable safe transfer of personnel and 
equipment between the Pier and vessels. Certain fender piles on both 
the west and east side of the Pier have failed or are likely to fail 
due to corrosion and physical damage from many years of use and require 
replacement. Repairs are planned prior to the 2017-2018 winter storm 
season to enable safe transfer of personnel and equipment on both sides 
of the Pier.

Dates and Duration

    Venoco proposes to replace these 13 fender piles during the fall of 
2017 to minimize impact to the local harbor seal population which uses 
Carpinteria beach as a haulout. Work on the pier will take place over a 
period of 2 to 3 weeks during fall 2017. Any work that is not completed 
during this period will be deferred to late summer or fall 2018. Two 
and a half days of pile driving are needed to complete the work but 
these days may not be consecutive. The proposed authorization effective 
dates would be October 1, 2017 through September 30, 2017 to allow pile 
driving to occur when all of the necessary permits and permissions are 
acquired.

Specific Geographic Region

    The Pier is located on the Pacific Ocean along the south coast of 
Santa Barbara County in Southern California, near the southeastern 
corner of the City of Carpinteria. This area is used routinely for oil 
and gas operations, as well as for recreation. The Carpinteria Bluffs, 
located immediately upland of the Pier, provide a heavily used 
recreational trail system connecting downtown Carpinteria and the 
Carpinteria Beach State Park to the west with the Carpinteria Bluffs 
Nature Preserve to the east. The beach at the base of the Pier is 
accessible from points to the west, and is open to the public during 
summer and fall months. During the City of Carpinteria's established 
beach closure period for the seal pupping season (December 1 to May 
31), the City restricts public access along the beach in an area 
extending approximately 750 feet (230 meters) east and west of the base 
of the Pier.

Detailed Description of Specific Activity

    The Pier is owned by the City of Carpinteria and leased to Venoco, 
who operates and maintains the Pier. The Pier is located in offshore 
tidelands, owned and governed by the City of Carpinteria. The Pier was 
built in the mid- to late-1960s and extends approximately 720 feet (220 
meters) from shore. The onshore uplands, adjacent to the Pier, are 
owned by Venoco. Fender piles at the end of the Pier are used to enable 
safe transfer of personnel and equipment between the Pier and vessels. 
Certain fender piles on both the west and east side of the Pier have 
failed or are likely to fail due to corrosion and physical damage from

[[Page 42308]]

many years of use and require replacement. Up to 13 fender piles 
located on the end of the Pier will be replaced (six on west side, and 
seven on the east side). The replacement piles will consist of an upper 
section approximately 48 to 50 feet (15 meters) to long consisting of 
16-inch diameter x 0.50-inch wall thickness steel pipe pile with a 12-
foot (4-meter) long driven lower section consisting of 14 inch x 73 
pound H-pile spliced to the bottom of the upper pipe pile section. 
Epoxy coating will be used on the new fender piles. Installation will 
be accomplished utilizing impact and vibratory pile driving techniques 
supported from the Pier. The replacement piles will be installed offset 
slightly (about 2 feet) from the original fender pile positions. This 
spliced pile design has been in service for more than 60 years at the 
Pier.
    The flow of work for the pile replacement is outlined below. The 
contractor will mobilize diving equipment, welding equipment, 
replacement pile, and associated rigging to the site. Divers, along 
with on-site facility crane and personnel, will remove debris and 
damaged fender pile from the work area, as required. The damaged 
portions of existing fender piles will be cut above the mudline and 
removed, and the remainder of the piles below the mudline will remain 
in place unless they present a hazard to the pier. A project-specific 
pile driving crew, crane and pile driving hammer will be positioned on, 
and operated from, the Pier to place and drive the replacement piles. 
Each new pile will be guided by a diver and positioned adjacent to an 
existing stub. Once positioned, the weight of the pile and vibratory 
pile hammer will be applied to the seabed and the pile will penetrate 
into the seabed slightly. At this point, the diver will confirm that 
the replacement pile remains adjacent to the old stub and exit the 
water or reposition the new pile and repeat. Once the replacement pile 
has slightly penetrated the seabed adjacent to the old pile stub and 
the diver has exited the water, the pile will be driven to an 
approximate elevation of 12 feet (4 meters) below the mudline or to 
refusal. Once the replacement pile is driven, welders will connect the 
replacement pile top to the main horizontal fender beam. Project-
related debris will be removed from the seafloor and Pier. Debris will 
be properly disposed of, and project personnel and equipment will be 
demobilized from site.
    Each pile will require approximately 25 minutes of vibratory 
driving, and up to six piles could be installed by this method in a 
single day (i.e., up to 2.5 hours of vibratory pile driving per day). 
During this time the sound levels above and in water will be in excess 
of normal pier operations. Sound levels from various other fender pile 
construction activities will not be discernible from daily pier 
operations and are below NMFS' thresholds. In the unlikely event that 
an impact hammer is used, installation of a single pile will require an 
estimated 400 hammer strikes over 15 minutes, and up to six piles could 
be installed by this method in a single day (i.e., up to 1.5 hours of 
pile driving per day). This information is summarized in Table 1.

                                    Table 1--Pile Driving Summary Information
----------------------------------------------------------------------------------------------------------------
                                                     Estimated
                                                    duration of      Estimated    Maximum number  Total duration
               Pile driving method                  driving per     strikes per    of piles per       per day
                                                  pile (minutes)       pile             day          (minutes)
----------------------------------------------------------------------------------------------------------------
Vibratory Hammer................................              25            N.A.               6             150
Impact Hammer...................................              15             400               6              90
----------------------------------------------------------------------------------------------------------------

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

Description of Marine Mammals in the Area of Specified Activities

    There are three marine mammal species that may likely transit 
through the waters nearby the project area, and are expected to 
potentially be taken by the specified activity. These include harbor 
seal (Phoca vitulina), California sea lion (Zalophus californianus), 
and bottlenose dolphin (Tursiops truncatus). Multiple additional marine 
mammal species may occasionally enter coastal California waters but 
they would not be expected to occur in shallow nearshore waters of the 
action area.
    Sections 3 and 4 of the 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 
coastal southern California and summarizes information related to the 
population or stock, including regulatory status under the MMPA and ESA 
and 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 from anthropogenic sources are 
included here as gross indicators of the status of the species and 
other threats.
    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 or survey 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 U.S. Pacific SARs (NMFS 2016). All values presented in Table 2 
are the most recent available at the time of publication and are 
available in the 2016 SARs (NMFS, 2016).

[[Page 42309]]



                                        Table 2--Marine Mammal Potentially Present in the Vicinity of Carpinteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   ESA/MMPA status;  Stock abundance (CV, Nmin, most
            Common name                Scientific name             Stock           Strategic (Y/N)     recent abundance survey) \2\      PBR    Annual M/
                                                                                         \1\                                                     SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
Family Eschrichtiidae:
    Gray whale....................  Eschrichtius robustus  Eastern North Pacific  -;N                .05, 20,125, 2011..............       624       132
Family Balaenopteridae (rorquals):
    Bryde's whale.................  Balaenoptera edeni...  Eastern Pacific......  -;N                Unk, unk, unk, N/A.............       unk       unk
    Humpback whale................  Megaptera              California-Oregon-     -;N                .03, 1,876, 2014...............        11       6.5
                                     novaeangliae.          Washington.
    Blue whale....................  Balaenoptera musculus  Eastern North Pacific  E;Y                .07, 1,551, 2011...............       2.3       0.9
    Fin whale.....................  Balaenoptera physalus  California-Oregon-     E;Y                .12, 8,127, 2014...............        81         2
                                                            Washington.
    Sei whale.....................  Balaenoptera borealis  California-Oregon-     E;Y                0.4, 374, 2104.................      0.75         0
                                                            Washington.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
    Sperm whale...................  Physeter               California-Oregon-     E;Y                0.58, 1,332, 2008..............       2.7       1.7
                                     macrocephalus.         Washington.
Family Kogiidae:
    Pygmy sperm whale.............  Kogia breviceps......  California-Oregon-     -;N                1.12, 1,924, 2014..............        19         0
                                                            Washington.
    Dwarf sperm whale.............  Kogia sima...........  California-Oregon-
                                                            Washington.
Family Ziphiidae (beaked whales):
    Baird's beaked whale..........  Berardius bairdii....  Eastern North Pacific  -;N                0.81, 466, 2008................       4.7         0
    Cuvier's beaked whale.........  Ziphius cavirostris..  California-Oregon-     -;N                Unk, unk, 2014.................       Unk         0
                                                            Washington.
    Mesoplodont beaked whales (six  Mesoplodon spp.......  California-Oregon-     -;Y                0.65, 389, 2008................       0.5       3.9
     species).                                              Washington.
Family Delphinidae:
    Short-beaked common dolphin...  Delphinus delphis d..  California-Oregon-     -;N                0.17, 839,325, 2014............     5,393        40
                                                            Washington.
    Long-beaked common dolphin....  Delphinus capensis c.  California...........  -;N                0.49, 88,432, 2014.............       657      35.4
    Pacific white-sided dolphin...  Lagenorhynchus         California-Oregon-     -;N                0.28, 21,195, 2014.............       191       7.5
                                     obliquidens.           Washington northern
                                                            and southern stocks.
    Striped dolphin...............  Stenella coeruleoalba  California-Oregon-     -;N                0.2, 24,782, 2014..............       238       0.8
                                                            Washington.
    Risso's dolphin...............  Grampus griseus......  California-Oregon-     -;N                0.32, 4,817, 2014..............        46       3.7
                                                            Washington.
    Common bottlenose dolphin.....  Tursiops truncatus t.  California-Oregon-     -;N                0.54, 1,255, 2014..............        11       1.6
                                                            Washington offshore
                                                            stock.
    Common bottlenose dolphin.....  Tursiops truncatus t.  California coastal     -;N                0.06, 346, 2011................       2.7         2
                                                            stock.
    Northern right whale dolphin..  Lissodelphis borealis  California-Oregon-     -;N                0.44, 18,608, 2014.............       179       3.8
                                                            Washington.
    Killer whale..................  Orcinus orca.........  Eastern North Pacific  -;N                0.49, 162, 2014................       1.6         0
                                                            offshore.
    Killer whale..................  Orcinus orca.........  West Coast Transient.  -;N                Unk, 243, 2009.................       2.4         0
    Short-finned pilot whale......  Globicephala           California-Oregon-     -;N                0.79, 466, 2014................       4.5       1.2
                                     macrorhynchus.         Washington.
Family Phocoenidae (porpoises):
    Dall's porpoise...............  Phocoenoides dalli...  California-Oregon-     -;N                0.45, 17,954, 2014.............       172       0.3
                                                            Washington.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
 sea lions):
    Guadalupe fur seal............  Arctocephalus          Guadalupe Island.....  E;Y                Unk, 15,830, 2010..............       542       3.2
                                     townsendi.
    California sea lion...........  Zalophus               U.S. stock...........  -;N                Unk, 153,337, 2011.............     9,200       389
                                     californianus.
    Steller sea lion..............  Eumetopias jubatus...  Eastern..............  -;N                Unk, 41,638, 2015..............     2,498       108
    Northern fur seal.............  Callorhinus ursinus..  California stock.....  -;N                Unk, 7,524, 2013...............       451       1.8
    Northern elephant seal........  Mirounga               California breeding    -;N                Unk, 81,368, 2010..............     4,882       8.8
                                     angustirostris.        stock.

[[Page 42310]]

 
Family Phocidae (earless seals):
    Pacific harbor seal...........  Phoca vitulina         California stock.....  -;N                Unk, 27,348, 2012..............     1,641        43
                                     richardii.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1--Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2--NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance. In some cases, CV is not applicable [explain if this is the case].
3--These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated
  with estimated mortality due to commercial fisheries is presented in some cases.
Note--Italicized species are not expected to be taken or proposed for authorization.

    All species that could potentially occur in the proposed 
construction area are included in Table 2. However, the temporal and 
spatial occurrence of all but three of the species listed in Table 2 
with respect to the timing and location of the specified activity is 
such that take is not expected to occur, and they are not discussed 
further beyond the explanation provided here.
    Most of the species included in Table 2 above are unlikely to occur 
during the proposed work because they are not resident to this part of 
California during the late summer and early fall months. For those 
species that may occur in coastal southern California during that time, 
they are unlikely to occur at such close proximity to the shoreline and 
the proposed work is conducted from a pier connected to a beach with 
maximum water depths of 4-8 meters. The long-beaked common dolphin may 
occasionally venture within one nautical mile of the project site but 
is unlikely. The short-beaked common dolphin is much less likely to 
appear in the vicinity than the long-beaked common dolphin. The gray 
whale occurs within one nautical mile of the project site, but it does 
not migrate through the region until late December through May, with 
most gray whales sighted near the project area in the spring. The other 
species generally occur farther offshore and have not been reported in 
the vicinity of this area of the Southern California Bight (SCB), so 
they will not be discussed further in this document.
    Of the MMPA-listed species of marine mammals summarized in Table 2, 
only the Pacific harbor seal, the California sea lion, and the coastal 
stock of bottlenose dolphin are anticipated to be found in the 
immediate vicinity of the project site and subsequently may be taken by 
pile driving. Below are descriptions of those species and the relevant 
stock, as well as information regarding population trends and threats, 
and describe any information regarding local occurrence.

Harbor seal

    Pacific harbor seals inhabit the entire coast of California, 
including the offshore islands, forming small, relatively stable 
populations. The California stock of harbor seals is estimated at 
30,968 (Carretta et al., 2015). This species is non-migratory, but 
local movements of short to moderate distances sometimes occur 
(California Department of Fish and Game [CDFG] 1990). They breed along 
the California coast between March and June. The preferred habitat of 
the Pacific harbor seal includes offshore rocks, sandy beaches, 
gravelly or rocky beaches, and estuarine mud flats (NMFS 1997). Molting 
occurs from late May through July or August and lasts approximately 6 
weeks. Between fall and winter, harbor seals spend less time on land, 
but they usually remain relatively close to shore while at sea.
    The project area is in the vicinity of one of the most well-known 
seal rookeries on the mainland shore of the SCB. This rookery, east of 
the base of the Pier, is inhabited year-round but the beach is closed 
to all activity, including construction during the winter pupping 
season. Since 1991 the Carpinteria seal rookery has been monitored from 
January 1 through May 30 by the Carpinteria Seal Watch, an ad hoc 
citizens' group. (The group does not start watches until January 1 
because of the holidays.) In the 15-year period prior to 2008, the 
highest record of seals hauling out during pupping season (December to 
May) was 390 animals in 2006. A calculation, known as Hanan's and 
Beeson's formula (1994), was applied to the observed number of 390 
individuals, to account for individuals in the water during the count. 
Such a calculation brings the population to 507 individuals in 2006. 
However, Hanan's and Beeson's formula was designed to estimate total 
population from aerial counts conducted once a year, one time over each 
area, as opposed to extensive daily ground counts over a period of six 
months each year.
    Population counts have occasionally occurred during or after 
molting season (April to June), when the number of seals utilizing the 
rookery are believed to be even higher than during pupping season. 
However, the rookery beach is open to the public during this time, so 
accurate counts are more difficult to obtain, since human use of the 
beach disturbs the animals. As such, the most accurate counts have 
occurred early in the morning before animals have been disturbed. The 
highest number of seals ever recorded by a Carpinteria Seal Watch 
member (not during their usual watch season) totaled 364 in September 
1993. Applying Hanan's and Beeson's formula to this count revealed a 
total population during molting season of 473.
    In 2006, field studies of marine mammals were conducted for the 
environmental evaluation of the Paredon project, which would have 
involved slant drilling under the Carpinteria seal rookery to offshore 
oil reserves. These studies resulted in a count of 482 animals in 
October and 462 animals in November (Marine Mammal Consulting Group 
2007a and b). Boveng (1988) calculated that 50 to 70 percent of all 
harbor seals were hauled out during molting. However, his calculations 
were based on once-a-year

[[Page 42311]]

annual aerial surveys, with only one pass over each site. These were 
conducted during daytime hours. The MMCG studies were conducted on 
multiple occasions at night from October through December, using black 
and white film, digital photos, and infrared photos. These were pasted 
into photo mosaics to accurately count every animal by dividing the 
area up into segments. The lowest total number of animals was selected 
from the photos taken during the highest count (482), which was tallied 
in October. In November, another count revealed 452 animals, suggesting 
that the high count was not an anomaly. The lowest nighttime count was 
310. Using Boveng's formula, this suggests that the population ranged 
from 443 to 964 animals. Obviously the highest actual count exceeded 
Boveng's lowest estimate. It is clear that the minimum population was 
482, but that assumes all animals were present on the beach. The more 
likely population estimate is probably from 500 to 700 animals. This is 
believed to be an accurate estimate of the total population of harbor 
seals at Carpinteria in 2006. However, this estimate was derived from a 
nighttime count and does not reflect a daytime estimate of the 
Carpinteria population, especially when the beaches are open to the 
public and very few seals are present (MMCG 2007b).
    Years of observations have revealed that harbor seals sometimes 
react to various anthropogenic stimuli. These include low-flying 
aircraft of all descriptions (including even a blimp on one occasion) 
hang and para gliders, people and dogs on the beach and bluff, 
bicyclists, boats, jet skis, surfers, divers, swimmers, fishers, 
passing trains, equipment activity and people on the Pier, crews coming 
and going from boats, and various oil company repair activities. All of 
these activities have been short-lived and have not deterred the seals 
from the haul-out area except during daytime from June 1 through 
November 30, when the beach is open to the public. At such times, the 
beach is often deserted by the seals, although some haul out on 
offshore rocks beyond the action area to the west during low tides 
(MMCG 2007a and b). During very high tides, when the beach is 
inaccessible to humans because of prominent points jutting to the sea, 
a few seals may remain on the beach.
    Natural disturbances also startle the seals. These include birds 
suddenly taking flight or making low passes, coyotes roaming the beach, 
ground squirrels and rabbits burrowing into the coastal bluffs, large 
waves washing ashore, high tides that preclude most seals from finding 
a spot to haul out, excessive heat during periods of little wind, and 
white sharks in the water (MMCG 1995; 1998a, b, d, and e; 2001a and b; 
2006; 2007a and b; 2011c; 2013b; and 2014b; SBMMC 1976-2015; SBMMC 
1976-2015; Seagars 1988).
    Based on review of the available observational data, similar past 
experience in the project vicinity, and project timing (fall season, 
during daytime hours), an estimated range of zero to 50 harbor seals is 
anticipated to be present on the beach and in the ocean within the 
project vicinity during work periods.

California sea lion

    California sea lions are the most abundant pinniped in the SCB. 
Although no rookeries occur on the mainland shore of the SCB, this 
species regularly hauls out on buoys, oil platforms, docks, breakwaters 
and other structures along the coast in the vicinity of the project. 
Individuals are regularly observed hauled out on mooring buoys used by 
oil supply vessels southeast of the Pier, although these buoys are 
small and only allow less than a dozen animals to haul out. These buoys 
are beyond the action area. They also haul out on oil platforms and 
attendant buoys off Carpinteria, but these are miles away for the 
action area. Occasionally, individual stranded specimens haul out at 
the Carpinteria seal rookery (MMCG 1995; 1998a, b, d, and e; 2001a and 
b; 2006; 2011c, 2013b, and 2014b; SBMMC 1976-2015). Such occurrences 
are rare, with less than half a dozen animals stranded in the action 
area a year and usually even less (SBMMC 1976-2015). The action area is 
not a sea lion haul-out site.
    During the breeding season, the majority of California sea lions 
are found in Southern California and Mexico. Rookery sites in Southern 
California are limited to San Miguel Island and to the more southerly 
Channel Islands of San Nicolas, Santa Barbara, and San Clemente (NMFS 
1997). Rocky ledges and sandy beaches on offshore islands are the 
preferred rookery habitat. Pupping season begins in mid-May, peaking in 
the third week of June and tapering off in July. The California sea 
lion molts gradually over several months during late summer and fall. 
California sea lions exhibit annual migratory movements; in the spring, 
males migrate southward to breeding rookeries in the Channel Islands 
and Mexico, then migrate northward in late summer following breeding 
season. Females migrate as far north as San Francisco Bay in winter, 
but during El Ni[ntilde]o events, have moved as far north as central 
Oregon.
    The minimum population size of the U.S. stock of California sea 
lions in 2011 was estimated at 296,750 (Carretta et al., 2015). This 
estimate is likely to be revised downward because of a long- lasting 
Unusual Mortality Event (UME). The causes are still being studied, but 
lack of prey, domoic acid outbreaks, and shark predation are being 
examined. Based on review of the available opportunistic sightings data 
from the Seal Watch, other construction projects in the project 
vicinity, and project timing (fall season), an estimated range of zero 
to 15 sea lions is anticipated to be present within the project 
vicinity during work periods.

Bottlenose Dolphin

    Coastal bottlenose dolphins (Tursiops truncatus) range from San 
Francisco, California to Baja California. This stock prefers coastal 
waters between the surf zone and 0.6 nautical miles offshore. Almost 
all (99 percent) are found within 0.6 nautical miles of shore (Hansen 
and DeFran 1993). The stock size is estimated at only 323 animals 
throughout its entire range (Carretta et al., 2015). The project site 
represents a very small portion of its overall range. Past projects in 
the vicinity of the pier have revealed anywhere from 2 to 32 animals 
present at any one time, with an average pod size of 8 animals, 
although many days or even weeks go by with no dolphins seen (MMCG 
1995; 1998a, b, d, and e; 2001a and b; 2006; 2011c, 2013b, and 2014b). 
Carpinteria Seal Watch data are incomplete, in that bottlenose dolphins 
are sometimes noted and sometimes not. Long-beaked common dolphins are 
occasionally noted as bottlenose dolphins during opportunistic sighting 
reports.
    Based on review of opportunistic sightings data in the area from 
Seal Watch and other construction projects in the project vicinity, and 
project timing (fall season, during daytime hours), an estimated range 
of 2 to 32 coastal bottlenose dolphins is anticipated to be present 
within the project vicinity during work periods, with an average pod 
size of 8 animals, although many days or even weeks go by with no 
dolphins seen.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The ``Estimated Take by Incidental Harassment'' section 
later in this document includes a quantitative

[[Page 42312]]

analysis of the number of individuals that are expected to be taken by 
this activity. The ``Negligible Impact Analysis and Determination'' 
section considers 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 [micro]Pa and all airborne sound levels 
in this document are referenced to a pressure of 20 [micro]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 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.
    In-water construction activities associated with the project would 
include impact pile driving and vibratory pile driving. 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 a.l (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

[[Page 42313]]

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 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect 
this, Southall et al. (2007) recommended that marine mammals be divided 
into functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2016) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 dB 
threshold from the normalized composite audiograms, with the exception 
for lower limits for low-frequency cetaceans where the lower bound was 
deemed to be biologically implausible and the lower bound from Southall 
et al. (2007) retained. The functional groups and the associated 
frequencies are indicated below (note that these frequency ranges 
correspond to the range for the composite group, with the entire range 
not necessarily reflecting the capabilities of every species within 
that group):

   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          150 Hz to 160 kHz.
 (dolphins, 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).
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).

    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013). For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2016) for a review of available information. 
As mentioned previously in this document, three marine mammal species 
(one cetacean and two pinnipeds) may occur in the project area. Of 
these three, the bottlenose dolphin is classified as a mid-frequency 
cetacean (Southall et al., 2007). Additionally, harbor 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

[[Page 42314]]

animal's hearing range. We first describe specific manifestations of 
acoustic effects before providing discussion specific to the Venoco'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 Venoco'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), a change, usually an increase, in the threshold 
of audibility at a specified frequency or portion of an individual's 
hearing range above a previously established reference level (NMFS 
2016). TS can be permanent (PTS), an irreversible increase in the 
threshold of audibility at a specified frequency or portion of an 
individual's hearing range above a previously established reference 
level, or temporary (TTS), a temporary, reversible increase in the 
threshold of audibility at a specified frequency or portion of an 
individual's hearing range above a previously established reference 
level (NMFS 2016). 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). Venoco'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; 
therefore, no non-auditory physical effects or injuries is anticipated
    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).
    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,

[[Page 42315]]

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 above, 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 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 
(Eubalaena glacialis) 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 
(Eschrictius robustus) 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

[[Page 42316]]

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.
    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). 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).
    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

[[Page 42317]]

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 Sound
    The effects of sounds from pile driving 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 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 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 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 temporary or permanent 
hearing impairment (Yelverton et al., 1973). Due to the nature of the 
pile driving sounds in the project, behavioral disturbance is the most 
likely effect from the proposed activity. 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 
4).
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 to cause 
non-auditory 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. We do not expect any non-auditory physiological 
effects because of mitigation that prevents animals from approach the 
source too closely, as well as source levels with very small Level A 
isopleths. Marine mammals that show behavioral avoidance of pile 
driving, including some odontocetes and some pinnipeds, are especially 
unlikely to incur on-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:

[[Page 42318]]

     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 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. Pile driving 
would occur for only two to three hours per day for two to three days 
so we do not anticipate masking to significantly affect marine mammals.

Acoustic Effects, Airborne

    Pinnipeds that occur near the project site could be exposed to 
airborne sounds associated with pile driving that have the potential to 
cause behavioral harassment, depending on their distance from pile 
driving activities. This primarily is related to harbor seals due to 
the close proximity of the adjacent rookery; however, California sea 
lions may also be randomly haul-out nearby. 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. The airborne threshold for 
harbor seals is 90 dB rms re 20[mu]Pa and for other pinnipeds is 100 dB 
rms re 20[mu]Pa. 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 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 during the 
construction window. 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 in the area. Physical 
impacts to the environment such as construction debris are unlikely and 
no pile driving will occur on the haulout beach.

In-Water Construction Effects on Potential Prey (Fish)

    Construction activities would produce continuous (i.e., vibratory 
pile driving) 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.
    In summary, given the short daily duration of sound associated with 
individual pile driving events and the relatively small areas being 
affected, pile driving 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

[[Page 42319]]

for individual marine mammals or their populations.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as: Any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to pile driving. Based on the nature of the 
activity, Level A harassment is neither anticipated nor proposed to be 
authorized.
    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 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.
    Venoco's project includes 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) thresholds 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). 
Venoco's construction 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 (LF) Cetaceans..........  Cell 1: Lpk,flat: 219 dB;  Cell 2: LE,LF,24h: 199 dB.
                                         LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans..........  Cell 3: Lpk,flat: 230 dB;  Cell 4: LE,MF,24h: 198 dB.
                                         LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.........  Cell 5: Lpk,flat: 202 dB;  Cell 6: LE,HF,24h: 173 dB.
                                         LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)....  Cell 7: Lpk,flat: 218 dB;  Cell 8: LE,PW,24h: 201 dB.
                                         LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater)...  Cell 9: Lpk,flat: 232 dB;  Cell 10: LE,OW,24h: 219 dB.
                                         LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
  a reference value of 1[mu]Pa\2\s. In this Table, hresholds are abbreviated to reflect American National
  Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
  frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
  being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized
  hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the
  designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and
  that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be
  exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it
  is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.


[[Page 42320]]

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 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 Biorka Island dock, 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 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.
    Reference sound levels used by Venoco were based on underwater 
sound measurements documented for a number of pile-driving projects 
with similar pile sizes and types at similar sites in California (i.e., 
areas of soft substrate where water depths are less than 16 feet (5 
meters) (Caltrans 2009)). The noise energy would dissipate as it 
spreads from the pile at a rate of at least 4.5 dB per doubling of 
distance, which is practical spreading (Caltrans 2009). This is a 
conservative value for areas of shallow water with soft substrates, and 
actual dissipation rates would likely be higher. Using this 
information, and the pile information presented in Table 1, underwater 
sound levels were estimated using the practical spreading model to 
determine over what distance the thresholds would be exceeded.
    Venoco used the NMFS Optional User Spreadsheet, available at http://www.nmfs.noaa.gov/pr/acoustics/Acoustic%20Guidance%20Files/march_v1.1_blank_spreadsheet.xlsx, to input project-specific parameters 
and calculate the isopleths for Level A and Level B zones from both 
impact and vibratory pile driving. Input to the Optional User 
Spreadsheet are based on project-specific parameters that provide the 
sound source characteristics, including the estimated duration of pile 
driving, the estimated number of strikes per pile (for the impact 
hammer method); and the maximum number of piles to be driven in a day. 
The estimated source level, duration of pile driving for each pile, the 
number of strikes per pile (for impact driving), and the number of 
piles per day for each pile driving method, as listed in Table 1. As 
noted in Table 1, each pile will require approximately 25 minutes of 
vibratory driving, and up to 6 piles could be installed by this method 
in a single day. During this time the sound levels above and below 
water will be in excess of normal pier operations. In the unlikely 
event that an impact hammer is used, installation of a single pile will 
require an estimated 400 hammer strikes over 15 minutes, and up to 6 
piles could be installed by this method in a single day.
    Venoco used the Caltrans (2015) guidelines for selection of an 
appropriate pile driving sound source level for a composite 50-foot, 
16-inch pipe/12-foot,14-inch H-pile configuration, for both vibratory 
and impact driving methods, taking into consideration that only the H-
pile segment of the pile (the bottom portion) will be driven below the 
mudline, thus the predominant underwater noise source will emanate from 
the steel pipe segment.

Source Levels

    For the impact hammer method, the average sound pressure level 
measured in dB is based on the 16-inch steel pipe sound levels 
(Caltrans 2015, Table I.2-1), adjusted upward for the composite 16-inch 
pipe/14-inch H-pile design because the sound level for the composite 
pile is anticipated to be greater than the Caltrans reference sound 
level for 16-inch steel pipe (158 dB), but less than the Caltrans 
reference sound level for 14-inch steel H-pile (177 dB). As described 
above, the replacement piles will be a composite of two materials, pre-
welded into a single pile prior to driving. The upper section will 
consist of 48 to 50 feet (15 meters) of 16-inch diameter x 0.50-inch 
wall thickness pipe pile and the bottom segment will consist of a 12-
foot (4-meter) long 14 inch x 73 pound H-pile. The water depth ranges 
from 13 to 27 feet (4 to 8 meters) at the end of the Pier, with 
seasonal variations due to beach sand withdraw and return between the 
winter and summer seasons. When impact driving is initiated the H-pile 
will partially enter the mud substrate (e.g., up to two to four feet) 
pushed by hammer weight and the weight of the pipe itself due to soft 
substrate (mud) at the seafloor surface. Thus, when impact driving 
begins only a portion of the 12-foot H pile would be exposed in the 
water column and most of the length of pile within the water column 
will be steel pipe pile. As pile driving progresses, the H-pile portion 
of the fender pile will continue to enter the seabed, and the 
proportion of H-pile to steel pipe exposed to the water column will 
decrease until the H-pile is entirely buried or until pile driving is 
suspended at a minimum depth of 6 feet. Consequently, the sound level 
for the composite pile is anticipated to be greater than the Caltrans 
reference sound level for 16-inch steel pipe (158 dB), and less than 
the Caltrans reference sound level for 14-inch steel H-pile (177 dB).
    Based on these factors, the reference sound level from composite 
pile was based on 16-inch steel pipe pile, with an upward adjustment of 
6 dB (to 164 dB). This 6 dB adjustment is divided into two parts: 3 dB 
(one doubling) adjustment for the H-pile itself (i.e., the portion of 
H-pile being driven by impact hammer); and 3 dB (a second doubling) 
adjustment for the H-pile that is acting as a foundation, and thus 
providing some resistance to the pipe pile while it is being driven by 
impact hammer. This sound level, which represents two

[[Page 42321]]

doublings of the reference sound level of the 16-inch steel pipe, is 
considered sufficiently conservative to account for the H-pile portion 
of the fender pile that would be exposed in the water column and 
serving as a foundation to the pipe pile during impact driving.
    For the vibratory driving method, the average sound pressure level 
measured in dB is based on the 12-inch H-pile sound levels (Caltrans 
2015, Table I.2-2), adjusted upward by 4 dB for composite 16-inch pipe/
14-inch H-pile design. Caltrans data do not include specific vibratory 
reference sound levels for the 14-inch H-pile. Therefore, it was 
assumed that doubling the reference sound level for 12-inch H-pile plus 
1 dB [i.e., a 4 dB increase], would provide a sufficiently conservative 
assumption for a 14-inch H-pile.

                                  Table 5--NMFS Option User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
                                             User spreadsheet input
-----------------------------------------------------------------------------------------------------------------
                                            Impact driver                                    Vibratory driver
----------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used.................  (E.1) Impact             Spreadsheet Tab Used...  (A) Non-impulsive,
                                        piledriving.                                      continuous.
Source Level (Single Strike/shot SEL)  197.8..................  Source Level (RMS SPL).  154.
Weighting Factor Adjustment (kHz)....  2......................  Weighting Factor         2.5.
                                                                 Adjustment (kHz).
(a) Number of strikes per pile.......  400....................  Activity duration        2.5.
                                                                 within 24 hours (hrs).
(a) Number of piles per day..........  6......................
Propagation (xLogR)..................  15.....................  Propagation (xLogR)....  15.
Distance of source level measurement   10.....................  .......................  10.
 (meters) \+\.
----------------------------------------------------------------------------------------------------------------
\+\ Unless otherwise specified, source levels are referenced 1 m from the source.

Level A Isopleths

    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 an Optional 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, NMFS Optional 
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. The inputs Venoco used to 
obtain the isopleths discussed below are summarized in Table 5 above.

          Table 6--Expected Distances of Level A Threshold Exceedance With Impact and Vibratory Driver
----------------------------------------------------------------------------------------------------------------
                                             User spreadsheet output
-----------------------------------------------------------------------------------------------------------------
                                              PTS isopleth (meters)
-----------------------------------------------------------------------------------------------------------------
                                                                       High-
           Source type            Low- frequency  Mid- frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
Impact driving..................            96.9             3.4           115.4            51.8             3.8
Vibratory driving...............             4.3             0.4             6.4             2.6             0.2
----------------------------------------------------------------------------------------------------------------

Level B Isopleths

    Using the same source level and transmission loss inputs discussed 
in the Level A isopleths section above, the Level B distance was 
calculated for both impact and vibratory driving, assuming practical 
spreading. For vibratory driving, the Level B isopleth extends out to 
1,848 meters (1.15 miles; 6,063 feet) from the pile driving site. For 
impact driving, the Level B isopleth extends out to 34 meters (112 
feet) from the pile driving site.

 Table 7--Expected Distances of Level B Threshold Exceedance With Impact
                          and Vibratory Driver
------------------------------------------------------------------------
                        Level B isopleth (meters)
-------------------------------------------------------------------------
                                                    160 dB      120 dB
                   Source type                     (impact)  (vibratory)
------------------------------------------------------------------------
Impact driving..................................         74          N/A
Vibratory driving...............................        N/A        1,848
------------------------------------------------------------------------

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 not been determined 
for marine mammals in the coastal Carpinteria area; therefore, all 
estimates here are determined by using observational data from 
biologists, peer-reviewed literature, and information obtained from 
personal communication with other companies that have conducted 
activities on or near the Carpinteria beach area. Additionally, some 
harbor seal information was collected by the Carpinteria Seal Watch.

[[Page 42322]]

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    Level A take is not expected or proposed to be authorized for this 
activity. Of the two types of pile driving, the largest Level A 
isopleth is from impact driving at 51.8 meters for harbor seals, 3.8 
meters for California sea lion, and 3.45 meters for bottlenose 
dolphins. Neither bottlenose dolphins nor California sea lions are 
resident to this area and are not expected to remain in water near the 
beach for an extended duration of time. At 15 minutes per pile, this is 
equal to 90 minutes per day; however, those 90 minutes would be spread 
out over multiple hours to account for equipment re-sets, breaks, etc. 
Because dolphin and sea lion are not resident and not known to linger 
in the area, full exposure to all impact pile driving within a day is 
highly unlikely. It is even more unlikely that these species would 
remain within 4 meters of the sound source for a continuous period of 
two and a half hours in a day. Harbor seals are resident to the area 
and the beach at the base of the pier is a frequently used haulout. 
However, it is unlikely a harbor seal would remain in water during the 
total time of construction within a day, as they likely will be 
transiting out from the beach to forage and then returning to the 
beach. Therefore, it is estimated that no marine mammal of the three 
species most likely to occur would remain in close enough proximity for 
the duration of daily construction to be exposed to accumulated energy 
levels reaching the onset of PTS. Hence no Level A take is proposed to 
be authorized.
    Because of the lack of at-sea density information in the region of 
the project, estimated marine mammal takes were calculated using the 
following formula:

Level B exposure estimate = N (number of animals) in the ensonified 
area * Number of days of noise generating activities.

Harbor Seal

    Harbor seals are the most abundant species found at the project 
site. This beach is a known rookery for the local population, although 
work will be conducted outside of the pupping season. Although a wealth 
of data exists from the Carpinteria Seal Watch, these data are 
sometimes incomplete and data from some periods are missing. Moreover, 
these data were gathered during the period the Carpinteria Seal Watch 
does its monitoring (about January 1 through May 30 of each year). From 
June 1 through December 30 of each year, such data are virtually 
absent. The project is scheduled to begin in the fall, when the seals 
have largely abandoned the beach because it is open to the public and 
disturbances are chronic. The seals switch to a nighttime haul-out 
pattern during this period, hauling out after sundown and before dawn, 
unless the tide is very high (Seagars 1988). In such cases, the amount 
of haul-out area is very restricted and the seals are largely absent 
during this season. Reliable density data are not available from which 
to calculate the expected number of harbor seals within the Level B 
harassment zone from vibratory pile driving. Based on review of the 
available observational data, similar past experience in the project 
vicinity, and project timing (fall season, daytime hours), an estimated 
range of 0 to 50 harbor seals is anticipated to be present within the 
project vicinity during work periods. Therefore, it is estimated that 
up to 50 seals may be taken per day by Level B harassment. Over two and 
a half days of activity, that results in a total of 125 instances of 
harbor seal takes during the project.

California Sea Lion

    California sea lions are abundant throughout the SCB but do not 
regularly use Carpinteria as a haulout in large numbers. Individuals 
are usually observed hauled out on offshore structures approximately 
0.75 miles southeast of the pier. Reliable density data are not 
available from which to calculate the expected number of sea lions 
within the Level B harassment impact zone for vibratory pile. Based on 
the available observational data and project timing (fall season), an 
estimated range of zero to 15 sea lions is anticipated to be present 
within the project vicinity during work periods. Therefore it is 
estimated that up to 15 California sea lions may be taken per day by 
Level B harassment in a day. Over two and a half days of activity, that 
results in a total of 38 California sea lions taken during the project 
as it is not known if the California sea lions that come to the beach 
are the same individuals.

Bottlenose Dolphin

    Bottlenose dolphins may occur sporadically near the project area, 
but never in large numbers. Past projects have revealed anywhere from 2 
to 32 animals present at any one time, with an average pod size of 8 
(MMCG 1995; 1998a, b, d, and e; 2001a and b; 2006; 2011c, 2013b, and 
2014b). Therefore, it is estimated that no more than 16 coastal 
bottlenose dolphins (two pods of average group size) may be taken by 
Level B harassment in a day. Over two and a half days of activity, that 
results in a total of 40 bottlenose dolphins taken during the project 
as it is not known if any of the animals sighted would be repeated 
individuals.

Proposed Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking for certain 
subsistence uses (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 consider 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. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned) the likelihood of effective implementation (probability 
implemented as planned). 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.
    The following measures would apply to Venoco's mitigation through 
shutdown and disturbance zones:

[[Page 42323]]

Shutdown Zone

    For all pile driving activities, Venoco will establish a shutdown 
zone intended to contain the area in which SELs 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 further 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). Venoco 
proposes a shutdown zone for the largest Level A isopleth, which is the 
phocid Level A isopleth of 51.8 meters.

Disturbance Zone

    Disturbance zones are the areas in which SPLs equal or exceed 160 
and 120 dB rms (for impact and vibratory pile driving, 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 and 
identifying amount of take. 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 7.
    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 on the pier and bluff above the 
beach) 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 in the observable zone multiplied by 
the porton of the zone that is unseen to reach an approximate 
understanding of predicted total takes (Area seen/area unseen = takes 
observed/takes unobserved).
    Based on our evaluation of the applicant's proposed measures, NMFS 
has preliminarily determined that the proposed mitigation measures 
provide the means effecting the least practicable impact on the 
affected species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance.

Monitoring Protocols

    Monitoring would be conducted before, during, and after pile 
driving activities. Observers shall record all instances of marine 
mammal occurrence, regardless of distance from activity, and shall 
document any apparent 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 15 minutes prior to initiation through 
30 minutes post-completion of pile driving activities. Pile driving 
activities include the time to install 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. If pile driving ceases for more 
than 30 minutes, the 30 minute pre-pile driving monitoring effort will 
take place prior to onset of pile driving.
    Prior to the start of pile driving activity, the shutdown zone will 
be monitored for 30 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. If the shutdown zone is not 
clear of marine mammals, pile driving will not commence until the shut-
down zone is clear. Any animals in the shut down zone prior to 
commencement of pile driving will be allowed to remain in the shutdown 
zone and their behavior will be monitored and documented. If the 51.84 
m shutdown zone is not entirely visible (e.g., due to dark, fog, etc.), 
pile driving will not commence or proceed if it is underway.
    If a marine mammal approaches or enters the shutdown zone during 
the course of pile driving operations, activity will be halted and 
delayed until either the animal has voluntarily left and been visually 
confirmed beyond the shutdown zone or 15 minutes have passed without 
re-detection.
    If a species for which authorization has not been granted, 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 for 15 minutes. If 
pile driving has ceased for more than 30 minutes, the 30 minute pre- 
pile driving monitoring will begin.

Soft Start

    The use of a soft start procedure provides 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 2 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.

Timing Restrictions

    Venoco will only conduct construction activities during daytime 
hours. Construction will also be restricted to the fall and late summer 
months (July through November) to avoid overlap with harbor seal 
pupping.
    Based on our evaluation of the Venoco's proposed measures, 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,

[[Page 42324]]

mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

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

Visual Marine Mammal Observations

    Venoco 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 activities. Venoco 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, Venoco would implement the following procedures for pile 
driving:
     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 zone (51.84 m) and observable portion of the 
disturbance zone around the pile will be monitored for the presence of 
marine mammals 30 min before, during, and 30 min after any pile driving 
activity.

Data Collection

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

Reporting

    A draft report would be submitted to NMFS within 90 days of the 
completion of marine mammal monitoring, or 60 days prior to the 
requested date of issuance of any future IHA for projects at the same 
location, whichever comes first. The report will include marine mammal 
observations pre-activity, during-activity, and post-activity during 
pile driving days, and will also provide descriptions of any behavioral 
responses to construction activities by marine mammals and a complete 
description of all mitigation shutdowns and the results of those 
actions and an extrapolated total take estimate based on the number of 
marine mammals observed during the course of construction. A final 
report must be submitted within 30 days following resolution of 
comments on the draft report.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are

[[Page 42325]]

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 activities associated from the Casitas Pier project, 
as outlined previously, have the potential to disturb or displace 
marine mammals. Specifically, the specified activities may result in 
take, in the form of Level B harassment (behavioral disturbance), from 
underwater sounds generated from pile driving. Potential takes could 
occur if individuals of these species are present in the ensonified 
zone when pile driving occurs.
    No 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 and impact hammers and 
drilling will be the primary methods of installation. 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. Venoco will use a minimum of two MMOs stationed 
strategically to increase detectability of marine mammals, enabling a 
high rate of success in implementation of shutdowns to avoid injury.
    Venoco's proposed activities are localized and of relatively short 
duration (two and a half days of pile driving 16 piles). The project 
area is also very limited in scope spatially, as all work is 
concentrated on a single pier. These localized and short-term noise 
exposures may cause short-term behavioral modifications in harbor 
seals, California sea lions, and killer whales. Moreover, the proposed 
mitigation and monitoring measures are expected to further reduce the 
likelihood of injury, as it is unlikely an animal would remain in close 
proximity to the sound source with small Level A isoplths, as well as 
reduce behavioral disturbances. While the project area is known to be a 
rookery for harbor seals, the work will be conducted in a season when 
few harbor seals are known to be present and no breeding activities 
occur.
    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, and the decreased 
potential of prey species to be in the Project area during the 
construction work window, 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 temporary reactions such 
as increased swimming speeds, increased surfacing time, flushing, 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 and drilling, 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.
    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 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 during the construction window;
     The small impact area relative to species range size
     Mitigation is expected to minimize the likelihood and 
severity of the level of harassment; and
     The small percentage of the stock that may be affected by 
project activities (<9 percent for all stocks).
    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 the proposed activity will have a negligible impact on 
all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, 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 8 details the number of instances (harbor seals) or 
individuals (California sea lions and bottlenose dolphins) that animals 
could be exposed to received noise levels that could cause Level B 
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. The total percent of the population (if each 
instance was a separate individual) for which take is requested is less 
than nine percent for all stocks (Table 8). 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.

[[Page 42326]]



          Table 8--Estimated Numbers and Percentage of Stock That May Be Exposed to Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                                                     Proposed        Stock(s)      Percentage of
                             Species                                authorized       abundance      total stock
                                                                   Level B takes   estimate \1\      (percent)
----------------------------------------------------------------------------------------------------------------
Harbor Seal (Phoca vitulina) Alaska stock.......................             125          30,968             .40
California sea lion (Eumatopias jubatus) U.S. Stock.............              38         296,750            .013
Bottlenose dolphin (Tursiops truncatus) California-Oregon-                    40           1,924             2.1
 Washington Stock California Coastal Stock......................                             453            8.83
----------------------------------------------------------------------------------------------------------------
\1\ All stock abundance estimates presented here are from the 2016 Pacific and Alaska 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 
preliminarily 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 West Coast Regional Office, 
whenever we propose to authorize take for endangered or threatened 
species.
    No incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. 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 Venoco LLC for conducting fender pile replacement at 
Casitas Pier from October 1, 2017 to September 30, 2018, 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 October 1, 2017 through September 30, 2018.
    2. This IHA is valid only for pile driving activities associated 
with the Casitas Pier Fender Pile Replacement in Carpinteria, 
California.
    3. General Conditions.
    (a) A copy of this IHA must be in the possession of Venoco, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    (b) The species authorized for taking are summarized in Table 9.
    (c) The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b). See Table 9 for numbers of take 
authorized.

                    Table 9--Authorized Take Numbers
------------------------------------------------------------------------
                         Species                              Level B
------------------------------------------------------------------------
Harbor seal.............................................             125
California sea lion.....................................              38
Killer whale............................................              40
------------------------------------------------------------------------

    (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.
    4. Mitigation Measures.
    The holder of this Authorization is required to implement the 
following mitigation measures.
    (a) For all pile driving, Venoco shall implement a minimum shutdown 
zone of 51 m radius around the pile. If a marine mammal comes within or 
approaches the shutdown zone, such operations shall cease.
    (b) Venoco shall establish monitoring locations as described below. 
Please also refer to Venoco's application (see www.nmfs.noaa.gov/pr/permits/incidental/construction.htm).
    i. For all pile driving activities, a minimum of two observers 
shall be deployed, with one positioned on the pier and one on the bluff 
above the rookery.
    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.
    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 30 minutes prior to initiation 
of pile driving activity through 30 minutes post-completion of pile 
driving 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 51m shutdown zone, 
all pile driving 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.
    (f) Using delay and shut-down procedures, if a species for which 
authorization has not been granted 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.
    (g) Venoco 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.

[[Page 42327]]

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.
    (h) Pile driving shall only be conducted during daylight hours.
    (i) Pile driving shall only occur during July to November months.
    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 measures in the application.
    (a) Venoco shall collect sighting data and behavioral responses to 
pile driving for marine mammal species 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) Monitoring shall be conducted by qualified observers. 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 measures in the application, 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).
    (c) For all marine mammal monitoring, the information shall be 
recorded as described in the monitoring measures section of the 
application.
    6. Reporting.
    The holder of this Authorization is required to:
    (a) Submit a draft report on all monitoring conducted under the IHA 
within 90 days of the completion of marine mammal monitoring, or 60 
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 application, 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, Venoco shall immediately cease 
the specified activities and report the incident to the Office of 
Protected Resources, NMFS, and the Alaska Regional Stranding 
Coordinator. 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 Venoco to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Venoco may not 
resume their activities until notified by NMFS.
    ii. In the event that the Venoco 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), Venoco shall immediately 
report the incident to the Office of Protected Resources, NMFS, and the 
West Coast Regional Stranding Coordinator.
    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 Venoco to determine 
whether additional mitigation measures or modifications to the 
activities are appropriate.
    iii. In the event that Venoco 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), Venoco 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. Venoco 
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 IHA for the proposed fender 
pile replacement. Please include with your comments any supporting data 
or literature citations to help inform our final decision on the 
request for MMPA authorization.

    Dated: September 1, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-18974 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                  42306                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                    Dated: August 11, 2017.                               DEPARTMENT OF COMMERCE                                should be directed to Anne Marie Eich,
                                                  John Armor,                                                                                                   907–586–7172, at least 5 working days
                                                  Director, Office of National Marine                     National Oceanic and Atmospheric                      prior to the meeting date.
                                                  Sanctuaries.                                            Administration                                          Dated: September 1, 2017.
                                                  References                                              RIN 0648–XF640                                        Alan D. Risenhoover,
                                                                                                                                                                Director, Office of Sustainable Fisheries,
                                                  1. MBNMS Guidelines for Desalination                    Fisheries of the Exclusive Economic                   National Marine Fisheries Service.
                                                       Plants in the MBNMS; May 2010, online:             Zone Off Alaska; Alaska Groundfish                    [FR Doc. 2017–18960 Filed 9–6–17; 8:45 am]
                                                       http://montereybay.noaa.gov/                       and Halibut Seabird Working Group;
                                                                                                                                                                BILLING CODE 3510–22–P
                                                       resourcepro/resmanissues/pdf/                      Public Meeting
                                                       050610desal.pdf.
                                                  2. ONMS Fair Market Value Analysis for a                AGENCY:  National Marine Fisheries
                                                       Fiber Optic Cable Permit in National               Service (NMFS), National Oceanic and                  DEPARTMENT OF COMMERCE
                                                       Marine Sanctuaries, Aug 2002.                      Atmospheric Administration (NOAA),
                                                                                                          Commerce.                                             National Oceanic and Atmospheric
                                                  3. NOAA Final Notice of Applicability of
                                                       Special Use Permit Requirements to
                                                                                                                                                                Administration
                                                                                                          ACTION: Notice of public meeting.
                                                       Certain Categories of Activities                                                                         RIN 0648–XF603
                                                       Conducted Within the National Marine               SUMMARY:    NMFS Alaska Groundfish and
                                                       Sanctuary System; May 2013, online:                Halibut Seabird Working Group will                    Takes of Marine Mammals Incidental to
                                                       http://sanctuaries.noaa.gov/                       meet to discuss emerging seabird                      Specified Activities; Taking Marine
                                                       management/fr/78fr25957.pdf.                       mitigation technologies and additional                Mammals Incidental to Casitas Pier
                                                  4. NOAA Notice of Applicability of Special              seabird species that could warrant more               Fender Pile Replacement
                                                       Use Permit Requirements to Certain                 attention as bycatch in fisheries off
                                                       Categories of Activities Conducted                 Alaska.                                               AGENCY:  National Marine Fisheries
                                                       Within the National Marine Sanctuary                                                                     Service (NMFS), National Oceanic and
                                                       System; January 2013, online: https://             DATES: The meeting will be held on                    Atmospheric Administration (NOAA),
                                                       sanctuaries.noaa.gov/management/fr/                September 21, 2017, from 1 p.m. to 5                  Commerce.
                                                       78fr2957.pdf.                                      p.m., and on September 22, 2017, from                 ACTION: Notice; proposed incidental
                                                  5. NOAA Office of National Marine                       8 a.m. to 11:30 a.m., Alaska Daylight                 harassment authorization; request for
                                                       Sanctuaries Final Policy and Permit                Time.                                                 comments.
                                                       Guidance for Submarine Cable Projects;             ADDRESSES: The meeting will be held at
                                                       September 2011, online: http://                    the NMFS Alaska Regional Office                       SUMMARY:    NMFS has received a request
                                                       sanctuaries.noaa.gov/management/fr/                located at 709 W. 9th St., Room 445C,                 from Venoco, LLC (Venoco) for
                                                       submarinecablespolicy.pdf.                         Juneau, AK. Photo identification is                   authorization to take marine mammals
                                                  6. Moss Landing Marine Lab, Ecological                                                                        incidental to fender pile replacement at
                                                                                                          required to enter this facility.
                                                       Effects of the Moss Landing Powerplant                                                                   Casitas Pier in Carpinteria, CA. Pursuant
                                                       Thermal Discharge; June 2006.                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                to the Marine Mammal Protection Act
                                                  7. Ballard Marine Construction report                   Anne Marie Eich, 907–586–7172.
                                                                                                                                                                (MMPA), NMFS is requesting comments
                                                       prepared for Monterey Regional Water               SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                on its proposal to issue an incidental
                                                       Pollution Control Agency; 2014.                    Alaska Groundfish and Halibut Seabird                 harassment authorization (IHA) to
                                                  8. Chambers Group Memo: Pretreatment and                Working Group formed as a result of the               incidentally take marine mammals
                                                       Design Considerations for Large-Scale              2015 biological opinion on effects of the             during the specified activities. NMFS
                                                       Seawater Facilities; 2010, online: http://         Gulf of Alaska and Bering Sea/Aleutian
                                                       www.mwdoc.com/cms2/ckfinder/files/
                                                                                                                                                                will consider public comments prior to
                                                                                                          Islands groundfish fisheries on short-                making any final decision on the
                                                       files/Evaluation%20of%20Potential                  tailed albatross. The working group is
                                                       %20Impacts%20%20to%20                                                                                    issuance of the requested MMPA
                                                                                                          tasked with reviewing information for                 authorizations and agency responses
                                                       Marine%20Life%20by%20Slant%20                      mitigating effects of the groundfish
                                                       Wells%20-%20MLPA%20DEIR                                                                                  will be summarized in the final notice
                                                                                                          fisheries on short-tailed albatross and               of our decision.
                                                       %20Comment%202010-10-13.pdf.                       other seabirds. The working group will
                                                  9. NOAA National Centers for Environmental                                                                    DATES: Comments and information must
                                                                                                          hold its first in-person meeting in
                                                       Information Web site; Table 1; online:
                                                                                                          Juneau, AK, on September 21 and 22,                   be received no later than October 10,
                                                       https://www.ngdc.noaa.gov/mgg/global/                                                                    2017.
                                                       etopo1_ocean_volumes.html.
                                                                                                          2017. Meeting topics include emerging
                                                                                                          seabird mitigation technologies and                   ADDRESSES: Comments should be
                                                  10. Final Notice of Fee Calculations for
                                                       Special Use Permits; 80 FR 72415                   additional seabird species that could                 addressed to Jolie Harrison, Chief,
                                                       (November 19, 2015); online: https://              warrant more attention as bycatch in                  Permits and Conservation Division,
                                                       www.federalregister.gov/documents/                 fisheries off Alaska. NMFS will keep the              Office of Protected Resources, National
                                                       2015/11/19/2015-29524/final-notice-of-             North Pacific Fishery Management                      Marine Fisheries Service. Physical
                                                       fee-calculations-for-special-use-permits.          Council (Council) apprised of the                     comments should be sent to 1315 East-
                                                  11. Final Notice of Applicability of Special            working group’s activities and any                    West Highway, Silver Spring, MD 20910
                                                       Use Permit Requirements to Certain                 resulting recommendations for methods                 and electronic comments should be sent
                                                       Categories of Activities Conducted                 to reduce seabird bycatch. Any changes                to ITP.Young@noaa.gov.
                                                       Within the National Marine Sanctuary               to seabird avoidance regulations are                     Instructions: NMFS is not responsible
                                                       System; 71 FR 4898 (January 30, 2006);             expected to follow the standard Council               for comments sent by any other method,
mstockstill on DSK30JT082PROD with NOTICES




                                                       online: https://www.federalregister.gov/           process.                                              to any other address or individual, or
                                                       documents/2006/01/30/06-808/final-                                                                       received after the end of the comment
                                                       notice-of-applicability-of-special-use-            Special Accommodations                                period. Comments received
                                                       permit-requirements-to-certain-                      This workshop will be physically                    electronically, including all
                                                       categories-of-activities.                          accessible to people with disabilities.               attachments, must not exceed a 25-
                                                  [FR Doc. 2017–18995 Filed 9–6–17; 8:45 am]              Requests for sign language                            megabyte file size. Attachments to
                                                  BILLING CODE 3510–NK–P                                  interpretation or other auxiliary aids                electronic comments will be accepted in


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                           42307

                                                  Microsoft Word or Excel or Adobe PDF                    has the potential to injure a marine                  planned prior to the 2017–2018 winter
                                                  file formats only. All comments                         mammal or marine mammal stock in the                  storm season to enable safe transfer of
                                                  received are a part of the public record                wild (Level A harassment); or (ii) has                personnel and equipment on both sides
                                                  and will generally be posted online at                  the potential to disturb a marine                     of the Pier.
                                                  www.nmfs.noaa.gov/pr/permits/                           mammal or marine mammal stock in the                  Dates and Duration
                                                  incidental/construction.htm without                     wild by causing disruption of behavioral
                                                  change. All personal identifying                        patterns, including, but not limited to,                 Venoco proposes to replace these 13
                                                  information (e.g., name, address)                       migration, breathing, nursing, breeding,              fender piles during the fall of 2017 to
                                                  voluntarily submitted by the commenter                  feeding, or sheltering (Level B                       minimize impact to the local harbor seal
                                                  may be publicly accessible. Do not                      harassment).                                          population which uses Carpinteria
                                                  submit confidential business                                                                                  beach as a haulout. Work on the pier
                                                                                                          National Environmental Policy Act                     will take place over a period of 2 to 3
                                                  information or otherwise sensitive or
                                                  protected information.                                     To comply with the National                        weeks during fall 2017. Any work that
                                                                                                          Environmental Policy Act of 1969                      is not completed during this period will
                                                  FOR FURTHER INFORMATION CONTACT: Sara
                                                                                                          (NEPA; 42 U.S.C. 4321 et seq.) and                    be deferred to late summer or fall 2018.
                                                  Young, Office of Protected Resources,
                                                                                                          NOAA Administrative Order (NAO)                       Two and a half days of pile driving are
                                                  NMFS, (301) 427–8401. Electronic
                                                                                                          216–6A, NMFS must review our                          needed to complete the work but these
                                                  copies of the application and supporting
                                                                                                          proposed action (i.e., the issuance of an             days may not be consecutive. The
                                                  documents, as well as a list of the
                                                                                                          incidental harassment authorization)                  proposed authorization effective dates
                                                  references cited in this document, may
                                                                                                          with respect to potential impacts on the              would be October 1, 2017 through
                                                  be obtained online at:                                                                                        September 30, 2017 to allow pile
                                                  www.nmfs.noaa.gov/pr/permits/                           human environment.
                                                                                                             This action is consistent with                     driving to occur when all of the
                                                  incidental/construction.htm. In case of                                                                       necessary permits and permissions are
                                                  problems accessing these documents,                     categories of activities identified in CE
                                                                                                          B4 of the Companion Manual for NOAA                   acquired.
                                                  please call the contact listed above.
                                                                                                          Administrative Order 216–6A, which do                 Specific Geographic Region
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          not individually or cumulatively have
                                                                                                                                                                  The Pier is located on the Pacific
                                                  Background                                              the potential for significant impacts on
                                                                                                                                                                Ocean along the south coast of Santa
                                                     Sections 101(a)(5)(A) and (D) of the                 the quality of the human environment
                                                                                                                                                                Barbara County in Southern California,
                                                  MMPA (16 U.S.C. 1361 et seq.) direct                    and for which we have not identified
                                                                                                                                                                near the southeastern corner of the City
                                                  the Secretary of Commerce (as delegated                 any extraordinary circumstances that
                                                                                                                                                                of Carpinteria. This area is used
                                                  to NMFS) to allow, upon request, the                    would preclude this categorical
                                                                                                                                                                routinely for oil and gas operations, as
                                                  incidental, but not intentional, taking of              exclusion. Accordingly, NMFS has
                                                                                                                                                                well as for recreation. The Carpinteria
                                                  small numbers of marine mammals by                      preliminarily determined that the
                                                                                                                                                                Bluffs, located immediately upland of
                                                  U.S. citizens who engage in a specified                 issuance of the proposed IHA qualifies
                                                                                                                                                                the Pier, provide a heavily used
                                                  activity (other than commercial fishing)                to be categorically excluded from
                                                                                                                                                                recreational trail system connecting
                                                  within a specified geographical region if               further NEPA review.
                                                                                                                                                                downtown Carpinteria and the
                                                  certain findings are made and either                       We will review all comments
                                                                                                                                                                Carpinteria Beach State Park to the west
                                                  regulations are issued or, if the taking is             submitted in response to this notice
                                                                                                                                                                with the Carpinteria Bluffs Nature
                                                  limited to harassment, a notice of a                    prior to concluding our NEPA process
                                                                                                                                                                Preserve to the east. The beach at the
                                                  proposed authorization is provided to                   or making a final decision on the IHA
                                                                                                                                                                base of the Pier is accessible from points
                                                  the public for review.                                  request.
                                                                                                                                                                to the west, and is open to the public
                                                     An authorization for incidental                      Summary of Request                                    during summer and fall months. During
                                                  takings shall be granted if NMFS finds                                                                        the City of Carpinteria’s established
                                                  that the taking will have a negligible                    On June 13, 2017, NMFS received a
                                                                                                          request from Venoco LLC for an IHA to                 beach closure period for the seal
                                                  impact on the species or stock(s), will                                                                       pupping season (December 1 to May 31),
                                                  not have an unmitigable adverse impact                  take marine mammals incidental to
                                                                                                          replacement of fender piles at Casitas                the City restricts public access along the
                                                  on the availability of the species or                                                                         beach in an area extending
                                                  stock(s) for subsistence uses (where                    Pier in Carpinteria, California. Venoco’s
                                                                                                          request is for take of harbor seal,                   approximately 750 feet (230 meters) east
                                                  relevant), and if the permissible                                                                             and west of the base of the Pier.
                                                  methods of taking and requirements                      California sea lions, and bottlenose
                                                  pertaining to the mitigation, monitoring                dolphins by Level B harassment only.                  Detailed Description of Specific Activity
                                                  and reporting of such takings are set                   Neither Venoco LLC nor NMFS expect                       The Pier is owned by the City of
                                                  forth.                                                  mortality to result from this activity                Carpinteria and leased to Venoco, who
                                                     NMFS has defined ‘‘negligible                        and, therefore, an IHA is appropriate.                operates and maintains the Pier. The
                                                  impact’’ in 50 CFR 216.103 as an impact                 Description of Proposed Activity                      Pier is located in offshore tidelands,
                                                  resulting from the specified activity that                                                                    owned and governed by the City of
                                                  cannot be reasonably expected to, and is                Overview                                              Carpinteria. The Pier was built in the
                                                  not reasonably likely to, adversely affect                 Venoco is proposing to replace 13                  mid- to late-1960s and extends
                                                  the species or stock through effects on                 fender piles at Casitas Pier (herein after            approximately 720 feet (220 meters)
                                                  annual rates of recruitment or survival.                ‘‘Pier’’) in Carpinteria, California.                 from shore. The onshore uplands,
                                                     The MMPA states that the term ‘‘take’’               Fender piles at the end of the Pier are               adjacent to the Pier, are owned by
mstockstill on DSK30JT082PROD with NOTICES




                                                  means to harass, hunt, capture, kill or                 used to enable safe transfer of personnel             Venoco. Fender piles at the end of the
                                                  attempt to harass, hunt, capture, or kill               and equipment between the Pier and                    Pier are used to enable safe transfer of
                                                  any marine mammal.                                      vessels. Certain fender piles on both the             personnel and equipment between the
                                                     Except with respect to certain                       west and east side of the Pier have failed            Pier and vessels. Certain fender piles on
                                                  activities not pertinent here, the MMPA                 or are likely to fail due to corrosion and            both the west and east side of the Pier
                                                  defines ‘‘harassment’’ as: Any act of                   physical damage from many years of use                have failed or are likely to fail due to
                                                  pursuit, torment, or annoyance which (i)                and require replacement. Repairs are                  corrosion and physical damage from


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00039   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42308                             Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  many years of use and require                                         facility crane and personnel, will                           Once the replacement pile is driven,
                                                  replacement. Up to 13 fender piles                                    remove debris and damaged fender pile                        welders will connect the replacement
                                                  located on the end of the Pier will be                                from the work area, as required. The                         pile top to the main horizontal fender
                                                  replaced (six on west side, and seven on                              damaged portions of existing fender                          beam. Project-related debris will be
                                                  the east side). The replacement piles                                 piles will be cut above the mudline and                      removed from the seafloor and Pier.
                                                  will consist of an upper section                                      removed, and the remainder of the piles                      Debris will be properly disposed of, and
                                                  approximately 48 to 50 feet (15 meters)                               below the mudline will remain in place                       project personnel and equipment will be
                                                  to long consisting of 16-inch diameter x                              unless they present a hazard to the pier.                    demobilized from site.
                                                  0.50-inch wall thickness steel pipe pile                              A project-specific pile driving crew,                           Each pile will require approximately
                                                  with a 12-foot (4-meter) long driven                                  crane and pile driving hammer will be
                                                  lower section consisting of 14 inch x 73                                                                                           25 minutes of vibratory driving, and up
                                                                                                                        positioned on, and operated from, the                        to six piles could be installed by this
                                                  pound H-pile spliced to the bottom of                                 Pier to place and drive the replacement
                                                  the upper pipe pile section. Epoxy                                                                                                 method in a single day (i.e., up to 2.5
                                                                                                                        piles. Each new pile will be guided by                       hours of vibratory pile driving per day).
                                                  coating will be used on the new fender
                                                                                                                        a diver and positioned adjacent to an                        During this time the sound levels above
                                                  piles. Installation will be accomplished
                                                                                                                        existing stub. Once positioned, the                          and in water will be in excess of normal
                                                  utilizing impact and vibratory pile
                                                  driving techniques supported from the                                 weight of the pile and vibratory pile                        pier operations. Sound levels from
                                                  Pier. The replacement piles will be                                   hammer will be applied to the seabed                         various other fender pile construction
                                                  installed offset slightly (about 2 feet)                              and the pile will penetrate into the                         activities will not be discernible from
                                                  from the original fender pile positions.                              seabed slightly. At this point, the diver                    daily pier operations and are below
                                                  This spliced pile design has been in                                  will confirm that the replacement pile                       NMFS’ thresholds. In the unlikely event
                                                  service for more than 60 years at the                                 remains adjacent to the old stub and exit                    that an impact hammer is used,
                                                  Pier.                                                                 the water or reposition the new pile and                     installation of a single pile will require
                                                     The flow of work for the pile                                      repeat. Once the replacement pile has                        an estimated 400 hammer strikes over
                                                  replacement is outlined below. The                                    slightly penetrated the seabed adjacent                      15 minutes, and up to six piles could be
                                                  contractor will mobilize diving                                       to the old pile stub and the diver has                       installed by this method in a single day
                                                  equipment, welding equipment,                                         exited the water, the pile will be driven                    (i.e., up to 1.5 hours of pile driving per
                                                  replacement pile, and associated rigging                              to an approximate elevation of 12 feet (4                    day). This information is summarized in
                                                  to the site. Divers, along with on-site                               meters) below the mudline or to refusal.                     Table 1.

                                                                                                                TABLE 1—PILE DRIVING SUMMARY INFORMATION
                                                                                                                                                                     Estimated                         Maximum            Total
                                                                                                                                                                                     Estimated
                                                                                                                                                                    duration of                        number of       duration per
                                                                                          Pile driving method                                                                         strikes
                                                                                                                                                                  driving per pile                       piles             day
                                                                                                                                                                                      per pile
                                                                                                                                                                     (minutes)                          per day         (minutes)

                                                  Vibratory Hammer ............................................................................................                25             N.A.                 6            150
                                                  Impact Hammer ...............................................................................................                15             400                  6             90



                                                     Proposed mitigation, monitoring, and                               affected species. Additional information                     described in NMFS’s SARs). While no
                                                  reporting measures are described in                                   regarding population trends and threats                      mortality is anticipated or authorized
                                                  detail later in this document (please see                             may be found in NMFS’s Stock                                 here, PBR and annual serious injury and
                                                  ‘‘Proposed Mitigation’’ and ‘‘Proposed                                Assessment Reports (SAR;                                     mortality from anthropogenic sources
                                                  Monitoring and Reporting’’).                                          www.nmfs.noaa.gov/pr/sars/) and more                         are included here as gross indicators of
                                                  Description of Marine Mammals in the                                  general information about these species                      the status of the species and other
                                                  Area of Specified Activities                                          (e.g., physical and behavioral                               threats.
                                                                                                                        descriptions) may be found on NMFS’s                            Marine mammal abundance estimates
                                                    There are three marine mammal                                       Web site (www.nmfs.noaa.gov/pr/
                                                  species that may likely transit through                                                                                            presented in this document represent
                                                                                                                        species/mammals/).                                           the total number of individuals that
                                                  the waters nearby the project area, and
                                                  are expected to potentially be taken by                                  Table 2 lists all species with expected                   make up a given stock or the total
                                                  the specified activity. These include                                 potential for occurrence in coastal                          number estimated within a particular
                                                  harbor seal (Phoca vitulina), California                              southern California and summarizes                           study or survey area. NMFS’s stock
                                                  sea lion (Zalophus californianus), and                                information related to the population or                     abundance estimates for most species
                                                  bottlenose dolphin (Tursiops truncatus).                              stock, including regulatory status under                     represent the total estimate of
                                                  Multiple additional marine mammal                                     the MMPA and ESA and potential                               individuals within the geographic area,
                                                  species may occasionally enter coastal                                biological removal (PBR), where known.                       if known, that comprises that stock. For
                                                  California waters but they would not be                               For taxonomy, we follow Committee on                         some species, this geographic area may
                                                  expected to occur in shallow nearshore                                Taxonomy (2016). PBR is defined by the                       extend beyond U.S. waters. All managed
                                                  waters of the action area.                                            MMPA as the maximum number of                                stocks in this region are assessed in
                                                    Sections 3 and 4 of the application                                 animals, not including natural                               NMFS’s U.S. Pacific SARs (NMFS
mstockstill on DSK30JT082PROD with NOTICES




                                                  summarize available information                                       mortalities, that may be removed from a                      2016). All values presented in Table 2
                                                  regarding status and trends, distribution                             marine mammal stock while allowing                           are the most recent available at the time
                                                  and habitat preferences, and behavior                                 that stock to reach or maintain its                          of publication and are available in the
                                                  and life history, of the potentially                                  optimum sustainable population (as                           2016 SARs (NMFS, 2016).




                                             VerDate Sep<11>2014       17:42 Sep 06, 2017        Jkt 241001     PO 00000       Frm 00040      Fmt 4703      Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                                Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                             42309

                                                                             TABLE 2—MARINE MAMMAL POTENTIALLY PRESENT IN THE VICINITY OF CARPINTERIA
                                                                                                                                                                                            Stock
                                                                                                                                                                         ESA/             abundance
                                                                                                                                                                        MMPA              (CV, Nmin,                    Annual
                                                         Common name                           Scientific name                               Stock                      status;           most recent
                                                                                                                                                                                                                PBR     M/SI 3
                                                                                                                                                                       Strategic          abundance
                                                                                                                                                                        (Y/N) 1            survey) 2

                                                                                             Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
                                                  Family Eschrichtiidae:
                                                       Gray whale .................     Eschrichtius robustus ........        Eastern North Pacific ........           -;N         .05, 20,125, 2011 ......      624       132
                                                  Family Balaenopteridae
                                                    (rorquals):
                                                       Bryde’s whale .............      Balaenoptera edeni ...........        Eastern Pacific ..................       -;N         Unk, unk, unk, N/A ....        unk      unk
                                                       Humpback whale ........          Megaptera novaeangliae ..             California-Oregon-Wash-                  -;N         .03, 1,876, 2014 ........       11      6.5
                                                                                                                                ington.
                                                       Blue whale ..................    Balaenoptera musculus ....            Eastern North Pacific ........           E;Y         .07, 1,551, 2011 ........      2.3       0.9
                                                       Fin whale ....................   Balaenoptera physalus .....           California-Oregon-Wash-                  E;Y         .12, 8,127, 2014 ........       81         2
                                                                                                                                ington.
                                                       Sei whale ....................   Balaenoptera borealis .......         California-Oregon-Wash-                  E;Y         0.4, 374, 2104 ...........    0.75        0
                                                                                                                                ington.

                                                                                                 Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                  Family Physeteridae:
                                                     Sperm whale ...............        Physeter macrocephalus ..             California-Oregon-Wash-                  E;Y         0.58, 1,332, 2008 ......       2.7       1.7
                                                                                                                               ington.
                                                  Family Kogiidae:
                                                     Pygmy sperm whale ...              Kogia breviceps ................      California-Oregon-Wash-                  -;N         1.12, 1,924, 2014 ......       19         0
                                                                                                                               ington.
                                                       Dwarf sperm whale .....          Kogia sima ........................   California-Oregon-Wash-
                                                                                                                               ington.
                                                  Family Ziphiidae (beaked
                                                    whales):
                                                      Baird’s beaked whale              Berardius bairdii ................    Eastern North Pacific ........           -;N         0.81, 466, 2008 .........      4.7        0
                                                      Cuvier’s beaked whale             Ziphius cavirostris .............     California-Oregon-Wash-                  -;N         Unk, unk, 2014 ..........     Unk         0
                                                                                                                                ington.
                                                     Mesoplodont beaked                 Mesoplodon spp. ..............        California-Oregon-Wash-                  -;Y         0.65, 389, 2008 .........      0.5       3.9
                                                        whales (six species).                                                   ington.
                                                  Family Delphinidae:
                                                     Short-beaked common                Delphinus delphis d. .........        California-Oregon-Wash-                  -;N         0.17, 839,325, 2014 ..       5,393       40
                                                        dolphin.                                                                ington.
                                                     Long-beaked common                 Delphinus capensis c. .......         California ...........................   -;N         0.49, 88,432, 2014 ....       657       35.4
                                                        dolphin.
                                                     Pacific white-sided dol-           Lagenorhynchus                        California-Oregon-Wash-                  -;N         0.28, 21,195, 2014 ....       191        7.5
                                                        phin.                             obliquidens.                          ington northern and
                                                                                                                                southern stocks.
                                                       Striped dolphin ............     Stenella coeruleoalba .......         California-Oregon-Wash-                  -;N         0.2, 24,782, 2014 ......      238        0.8
                                                                                                                                ington.
                                                       Risso’s dolphin ...........      Grampus griseus ..............        California-Oregon-Wash-                  -;N         0.32, 4,817, 2014 ......       46        3.7
                                                                                                                                ington.
                                                       Common bottlenose                Tursiops truncatus t. .........       California-Oregon-Wash-                  -;N         0.54, 1,255, 2014 ......       11        1.6
                                                         dolphin.                                                               ington offshore stock.
                                                       Common bottlenose                Tursiops truncatus t. .........       California coastal stock .....           -;N         0.06, 346, 2011 .........      2.7        2
                                                         dolphin.
                                                       Northern right whale             Lissodelphis borealis ........        California-Oregon-Wash-                  -;N         0.44, 18,608, 2014 ....       179        3.8
                                                         dolphin.                                                               ington.
                                                       Killer whale .................   Orcinus orca .....................    Eastern North Pacific off-               -;N         0.49, 162, 2014 .........      1.6        0
                                                                                                                                shore.
                                                      Killer whale .................    Orcinus orca .....................    West Coast Transient .......             -;N         Unk, 243, 2009 ..........      2.4         0
                                                      Short-finned pilot                Globicephala                          California-Oregon-Wash-                  -;N         0.79, 466, 2014 .........      4.5       1.2
                                                         whale.                           macrorhynchus.                        ington.
                                                  Family Phocoenidae (por-
                                                    poises):
                                                      Dall’s porpoise ............      Phocoenoides dalli ............       California-Oregon-Wash-                  -;N         0.45, 17,954, 2014 ....       172        0.3
                                                                                                                                ington.

                                                                                                                  Order Carnivora—Superfamily Pinnipedia
mstockstill on DSK30JT082PROD with NOTICES




                                                  Family Otariidae (eared
                                                    seals and sea lions):
                                                      Guadalupe fur seal .....          Arctocephalus townsendi ..            Guadalupe Island ..............          E;Y         Unk,   15,830, 2010 .....      542       3.2
                                                      California sea lion .......       Zalophus californianus ......         U.S. stock .........................     -;N         Unk,   153,337, 2011 ...     9,200      389
                                                      Steller sea lion ............     Eumetopias jubatus ..........         Eastern ..............................   -;N         Unk,   41,638, 2015 .....    2,498      108
                                                      Northern fur seal .........       Callorhinus ursinus ...........       California stock .................       -;N         Unk,   7,524, 2013 .......     451       1.8
                                                      Northern elephant seal            Mirounga angustirostris ....          California breeding stock ..             -;N         Unk,   81,368, 2010 .....    4,882       8.8



                                             VerDate Sep<11>2014     17:42 Sep 06, 2017    Jkt 241001    PO 00000     Frm 00041      Fmt 4703     Sfmt 4703      E:\FR\FM\07SEN1.SGM      07SEN1


                                                  42310                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                                   TABLE 2—MARINE MAMMAL POTENTIALLY PRESENT IN THE VICINITY OF CARPINTERIA—Continued
                                                                                                                                                                               Stock
                                                                                                                                                            ESA/             abundance
                                                                                                                                                           MMPA              (CV, Nmin,                   Annual
                                                         Common name                       Scientific name                        Stock                    status;           most recent          PBR     M/SI 3
                                                                                                                                                          Strategic          abundance
                                                                                                                                                           (Y/N) 1            survey) 2

                                                  Family Phocidae (earless
                                                    seals):
                                                      Pacific harbor seal ......   Phoca vitulina richardii ......   California stock .................   -;N           Unk, 27,348, 2012 .....   1,641       43
                                                    1—Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is
                                                  not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct
                                                  human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future.
                                                  Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                                                    2—NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the min-
                                                  imum estimate of stock abundance. In some cases, CV is not applicable [explain if this is the case].
                                                    3—These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined
                                                  (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value
                                                  or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
                                                    Note—Italicized species are not expected to be taken or proposed for authorization.


                                                     All species that could potentially                   taken by pile driving. Below are                            2006. A calculation, known as Hanan’s
                                                  occur in the proposed construction area                 descriptions of those species and the                       and Beeson’s formula (1994), was
                                                  are included in Table 2. However, the                   relevant stock, as well as information                      applied to the observed number of 390
                                                  temporal and spatial occurrence of all                  regarding population trends and threats,                    individuals, to account for individuals
                                                  but three of the species listed in Table                and describe any information regarding                      in the water during the count. Such a
                                                  2 with respect to the timing and location               local occurrence.                                           calculation brings the population to 507
                                                  of the specified activity is such that take                                                                         individuals in 2006. However, Hanan’s
                                                                                                          Harbor seal
                                                  is not expected to occur, and they are                                                                              and Beeson’s formula was designed to
                                                  not discussed further beyond the                           Pacific harbor seals inhabit the entire                  estimate total population from aerial
                                                  explanation provided here.                              coast of California, including the                          counts conducted once a year, one time
                                                     Most of the species included in Table                offshore islands, forming small,                            over each area, as opposed to extensive
                                                  2 above are unlikely to occur during the                relatively stable populations. The                          daily ground counts over a period of six
                                                  proposed work because they are not                      California stock of harbor seals is                         months each year.
                                                  resident to this part of California during              estimated at 30,968 (Carretta et al.,                         Population counts have occasionally
                                                  the late summer and early fall months.                  2015). This species is non-migratory,                       occurred during or after molting season
                                                  For those species that may occur in                     but local movements of short to                             (April to June), when the number of
                                                  coastal southern California during that                 moderate distances sometimes occur                          seals utilizing the rookery are believed
                                                  time, they are unlikely to occur at such                (California Department of Fish and                          to be even higher than during pupping
                                                  close proximity to the shoreline and the                Game [CDFG] 1990). They breed along                         season. However, the rookery beach is
                                                  proposed work is conducted from a pier                  the California coast between March and                      open to the public during this time, so
                                                  connected to a beach with maximum                       June. The preferred habitat of the Pacific                  accurate counts are more difficult to
                                                  water depths of 4–8 meters. The long-                   harbor seal includes offshore rocks,                        obtain, since human use of the beach
                                                  beaked common dolphin may                               sandy beaches, gravelly or rocky                            disturbs the animals. As such, the most
                                                  occasionally venture within one                         beaches, and estuarine mud flats (NMFS                      accurate counts have occurred early in
                                                  nautical mile of the project site but is                1997). Molting occurs from late May                         the morning before animals have been
                                                  unlikely. The short-beaked common                       through July or August and lasts                            disturbed. The highest number of seals
                                                  dolphin is much less likely to appear in                approximately 6 weeks. Between fall                         ever recorded by a Carpinteria Seal
                                                  the vicinity than the long-beaked                       and winter, harbor seals spend less time                    Watch member (not during their usual
                                                  common dolphin. The gray whale                          on land, but they usually remain                            watch season) totaled 364 in September
                                                  occurs within one nautical mile of the                  relatively close to shore while at sea.                     1993. Applying Hanan’s and Beeson’s
                                                  project site, but it does not migrate                      The project area is in the vicinity of                   formula to this count revealed a total
                                                  through the region until late December                  one of the most well-known seal                             population during molting season of
                                                  through May, with most gray whales                      rookeries on the mainland shore of the                      473.
                                                  sighted near the project area in the                    SCB. This rookery, east of the base of                        In 2006, field studies of marine
                                                  spring. The other species generally                     the Pier, is inhabited year-round but the                   mammals were conducted for the
                                                  occur farther offshore and have not been                beach is closed to all activity, including                  environmental evaluation of the
                                                  reported in the vicinity of this area of                construction during the winter pupping                      Paredon project, which would have
                                                  the Southern California Bight (SCB), so                 season. Since 1991 the Carpinteria seal                     involved slant drilling under the
                                                  they will not be discussed further in this              rookery has been monitored from                             Carpinteria seal rookery to offshore oil
                                                  document.                                               January 1 through May 30 by the                             reserves. These studies resulted in a
mstockstill on DSK30JT082PROD with NOTICES




                                                     Of the MMPA-listed species of marine                 Carpinteria Seal Watch, an ad hoc                           count of 482 animals in October and 462
                                                  mammals summarized in Table 2, only                     citizens’ group. (The group does not                        animals in November (Marine Mammal
                                                  the Pacific harbor seal, the California                 start watches until January 1 because of                    Consulting Group 2007a and b). Boveng
                                                  sea lion, and the coastal stock of                      the holidays.) In the 15-year period                        (1988) calculated that 50 to 70 percent
                                                  bottlenose dolphin are anticipated to be                prior to 2008, the highest record of seals                  of all harbor seals were hauled out
                                                  found in the immediate vicinity of the                  hauling out during pupping season                           during molting. However, his
                                                  project site and subsequently may be                    (December to May) was 390 animals in                        calculations were based on once-a-year


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00042   Fmt 4703   Sfmt 4703    E:\FR\FM\07SEN1.SGM      07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                           42311

                                                  annual aerial surveys, with only one                    seals from finding a spot to haul out,                Niño events, have moved as far north as
                                                  pass over each site. These were                         excessive heat during periods of little               central Oregon.
                                                  conducted during daytime hours. The                     wind, and white sharks in the water                     The minimum population size of the
                                                  MMCG studies were conducted on                          (MMCG 1995; 1998a, b, d, and e; 2001a                 U.S. stock of California sea lions in 2011
                                                  multiple occasions at night from                        and b; 2006; 2007a and b; 2011c; 2013b;               was estimated at 296,750 (Carretta et al.,
                                                  October through December, using black                   and 2014b; SBMMC 1976–2015;                           2015). This estimate is likely to be
                                                  and white film, digital photos, and                     SBMMC 1976–2015; Seagars 1988).                       revised downward because of a long-
                                                  infrared photos. These were pasted into                   Based on review of the available                    lasting Unusual Mortality Event (UME).
                                                  photo mosaics to accurately count every                 observational data, similar past                      The causes are still being studied, but
                                                  animal by dividing the area up into                     experience in the project vicinity, and               lack of prey, domoic acid outbreaks, and
                                                  segments. The lowest total number of                    project timing (fall season, during                   shark predation are being examined.
                                                  animals was selected from the photos                    daytime hours), an estimated range of                 Based on review of the available
                                                  taken during the highest count (482),                   zero to 50 harbor seals is anticipated to             opportunistic sightings data from the
                                                  which was tallied in October. In                        be present on the beach and in the                    Seal Watch, other construction projects
                                                  November, another count revealed 452                    ocean within the project vicinity during              in the project vicinity, and project
                                                  animals, suggesting that the high count                 work periods.                                         timing (fall season), an estimated range
                                                  was not an anomaly. The lowest                                                                                of zero to 15 sea lions is anticipated to
                                                  nighttime count was 310. Using                          California sea lion                                   be present within the project vicinity
                                                  Boveng’s formula, this suggests that the                   California sea lions are the most                  during work periods.
                                                  population ranged from 443 to 964                       abundant pinniped in the SCB.                         Bottlenose Dolphin
                                                  animals. Obviously the highest actual                   Although no rookeries occur on the
                                                  count exceeded Boveng’s lowest                                                                                   Coastal bottlenose dolphins (Tursiops
                                                                                                          mainland shore of the SCB, this species               truncatus) range from San Francisco,
                                                  estimate. It is clear that the minimum                  regularly hauls out on buoys, oil
                                                  population was 482, but that assumes                                                                          California to Baja California. This stock
                                                                                                          platforms, docks, breakwaters and other               prefers coastal waters between the surf
                                                  all animals were present on the beach.                  structures along the coast in the vicinity
                                                  The more likely population estimate is                                                                        zone and 0.6 nautical miles offshore.
                                                                                                          of the project. Individuals are regularly             Almost all (99 percent) are found within
                                                  probably from 500 to 700 animals. This                  observed hauled out on mooring buoys
                                                  is believed to be an accurate estimate of                                                                     0.6 nautical miles of shore (Hansen and
                                                                                                          used by oil supply vessels southeast of               DeFran 1993). The stock size is
                                                  the total population of harbor seals at                 the Pier, although these buoys are small
                                                  Carpinteria in 2006. However, this                                                                            estimated at only 323 animals
                                                                                                          and only allow less than a dozen                      throughout its entire range (Carretta et
                                                  estimate was derived from a nighttime                   animals to haul out. These buoys are
                                                  count and does not reflect a daytime                                                                          al., 2015). The project site represents a
                                                                                                          beyond the action area. They also haul                very small portion of its overall range.
                                                  estimate of the Carpinteria population,                 out on oil platforms and attendant
                                                  especially when the beaches are open to                                                                       Past projects in the vicinity of the pier
                                                                                                          buoys off Carpinteria, but these are                  have revealed anywhere from 2 to 32
                                                  the public and very few seals are                       miles away for the action area.
                                                  present (MMCG 2007b).                                                                                         animals present at any one time, with an
                                                                                                          Occasionally, individual stranded                     average pod size of 8 animals, although
                                                     Years of observations have revealed
                                                                                                          specimens haul out at the Carpinteria                 many days or even weeks go by with no
                                                  that harbor seals sometimes react to
                                                                                                          seal rookery (MMCG 1995; 1998a, b, d,                 dolphins seen (MMCG 1995; 1998a, b, d,
                                                  various anthropogenic stimuli. These
                                                  include low-flying aircraft of all                      and e; 2001a and b; 2006; 2011c, 2013b,               and e; 2001a and b; 2006; 2011c, 2013b,
                                                  descriptions (including even a blimp on                 and 2014b; SBMMC 1976–2015). Such                     and 2014b). Carpinteria Seal Watch data
                                                  one occasion) hang and para gliders,                    occurrences are rare, with less than half             are incomplete, in that bottlenose
                                                  people and dogs on the beach and bluff,                 a dozen animals stranded in the action                dolphins are sometimes noted and
                                                  bicyclists, boats, jet skis, surfers, divers,           area a year and usually even less                     sometimes not. Long-beaked common
                                                  swimmers, fishers, passing trains,                      (SBMMC 1976–2015). The action area is                 dolphins are occasionally noted as
                                                  equipment activity and people on the                    not a sea lion haul-out site.                         bottlenose dolphins during
                                                  Pier, crews coming and going from                          During the breeding season, the                    opportunistic sighting reports.
                                                  boats, and various oil company repair                   majority of California sea lions are                     Based on review of opportunistic
                                                  activities. All of these activities have                found in Southern California and                      sightings data in the area from Seal
                                                  been short-lived and have not deterred                  Mexico. Rookery sites in Southern                     Watch and other construction projects
                                                  the seals from the haul-out area except                 California are limited to San Miguel                  in the project vicinity, and project
                                                  during daytime from June 1 through                      Island and to the more southerly                      timing (fall season, during daytime
                                                  November 30, when the beach is open                     Channel Islands of San Nicolas, Santa                 hours), an estimated range of 2 to 32
                                                  to the public. At such times, the beach                 Barbara, and San Clemente (NMFS                       coastal bottlenose dolphins is
                                                  is often deserted by the seals, although                1997). Rocky ledges and sandy beaches                 anticipated to be present within the
                                                  some haul out on offshore rocks beyond                  on offshore islands are the preferred                 project vicinity during work periods,
                                                  the action area to the west during low                  rookery habitat. Pupping season begins                with an average pod size of 8 animals,
                                                  tides (MMCG 2007a and b). During very                   in mid-May, peaking in the third week                 although many days or even weeks go
                                                  high tides, when the beach is                           of June and tapering off in July. The                 by with no dolphins seen.
                                                  inaccessible to humans because of                       California sea lion molts gradually over
                                                                                                          several months during late summer and                 Potential Effects of Specified Activities
                                                  prominent points jutting to the sea, a
                                                                                                          fall. California sea lions exhibit annual             on Marine Mammals and Their Habitat
                                                  few seals may remain on the beach.
mstockstill on DSK30JT082PROD with NOTICES




                                                     Natural disturbances also startle the                migratory movements; in the spring,                      This section includes a summary and
                                                  seals. These include birds suddenly                     males migrate southward to breeding                   discussion of the ways that components
                                                  taking flight or making low passes,                     rookeries in the Channel Islands and                  of the specified activity may impact
                                                  coyotes roaming the beach, ground                       Mexico, then migrate northward in late                marine mammals and their habitat. The
                                                  squirrels and rabbits burrowing into the                summer following breeding season.                     ‘‘Estimated Take by Incidental
                                                  coastal bluffs, large waves washing                     Females migrate as far north as San                   Harassment’’ section later in this
                                                  ashore, high tides that preclude most                   Francisco Bay in winter, but during El                document includes a quantitative


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42312                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  analysis of the number of individuals                   in part because behavioral effects,                   and gas drilling and production, seismic
                                                  that are expected to be taken by this                   which often result from auditory cues,                surveys, sonar, explosions, and ocean
                                                  activity. The ‘‘Negligible Impact                       may be better expressed through                       acoustic studies. Shipping noise
                                                  Analysis and Determination’’ section                    averaged units than by peak pressures.                typically dominates the total ambient
                                                  considers the content of this section, the                 When underwater objects vibrate or                 noise for frequencies between 20 and
                                                  ‘‘Estimated Take by Incidental                          activity occurs, sound-pressure waves                 300 Hz. In general, the frequencies of
                                                  Harassment’’ section, and the ‘‘Proposed                are created. These waves alternately                  anthropogenic sounds are below 1 kHz
                                                  Mitigation’’ section, to draw                           compress and decompress the water as                  and, if higher frequency sound levels
                                                  conclusions regarding the likely impacts                the sound wave travels. Underwater                    are created, they attenuate rapidly
                                                  of these activities on the reproductive                 sound waves radiate in all directions                 (Richardson et al., 1995). Sound from
                                                  success or survivorship of individuals                  away from the source (similar to ripples              identifiable anthropogenic sources other
                                                  and how those impacts on individuals                    on the surface of a pond), except in                  than the activity of interest (e.g., a
                                                  are likely to impact marine mammal                      cases where the source is directional.                passing vessel) is sometimes termed
                                                  species or stocks.                                      The compressions and decompressions                   background sound, as opposed to
                                                                                                          associated with sound waves are                       ambient sound.
                                                  Description of Sound Sources                            detected as changes in pressure by                       The sum of the various natural and
                                                     Sound travels in waves, the basic                    aquatic life and man-made sound                       anthropogenic sound sources at any
                                                  components of which are frequency,                      receptors such as hydrophones.                        given location and time—which
                                                  wavelength, velocity, and amplitude.                       Even in the absence of sound from the              comprise ‘‘ambient’’ or ‘‘background’’
                                                  Frequency is the number of pressure                     specified activity, the underwater                    sound—depends not only on the source
                                                  waves that pass by a reference point per                environment is typically loud due to                  levels (as determined by current
                                                  unit of time and is measured in hertz                   ambient sound. Ambient sound is                       weather conditions and levels of
                                                  (Hz) or cycles per second. Wavelength is                defined as environmental background                   biological and shipping activity) but
                                                  the distance between two peaks of a                     sound levels lacking a single source or               also on the ability of sound to propagate
                                                  sound wave; lower frequency sounds                      point (Richardson et al., 1995), and the              through the environment. In turn, sound
                                                  have longer wavelengths than higher                     sound level of a region is defined by the             propagation is dependent on the
                                                  frequency sounds. Amplitude is the                      total acoustical energy being generated               spatially and temporally varying
                                                  height of the sound pressure wave or the                by known and unknown sources. These                   properties of the water column and sea
                                                  ‘loudness’ of a sound and is typically                  sources may include physical (e.g.,                   floor, and is frequency-dependent. As a
                                                  measured using the decibel (dB) scale.                  waves, earthquakes, ice, atmospheric                  result of the dependence on a large
                                                  A dB is the ratio between a measured                    sound), biological (e.g., sounds                      number of varying factors, ambient
                                                  pressure (with sound) and a reference                   produced by marine mammals, fish, and                 sound levels can be expected to vary
                                                  pressure (sound at a constant pressure,                 invertebrates), and anthropogenic sound               widely over both coarse and fine spatial
                                                  established by scientific standards). It is             (e.g., vessels, dredging, aircraft,                   and temporal scales. Sound levels at a
                                                  a logarithmic unit that accounts for large              construction). A number of sources                    given frequency and location can vary
                                                  variations in amplitude; therefore,                     contribute to ambient sound, including                by 10–20 dB from day to day
                                                  relatively small changes in dB ratings                  the following (Richardson et al., 1995):              (Richardson et al., 1995). The result is
                                                  correspond to large changes in sound                       • Wind and waves: The complex                      that, depending on the source type and
                                                  pressure. When referring to sound                       interactions between wind and water                   its intensity, sound from the specified
                                                  pressure levels (SPLs; the sound force                  surface, including processes such as                  activity may be a negligible addition to
                                                  per unit area), sound is referenced in the              breaking waves and wave-induced                       the local environment or could form a
                                                  context of underwater sound pressure to                 bubble oscillations and cavitation, are a             distinctive signal that may affect marine
                                                  1 microPascal (mPa). One pascal is the                  main source of naturally occurring                    mammals.
                                                  pressure resulting from a force of one                  ambient noise for frequencies between                    In-water construction activities
                                                  newton exerted over an area of one                      200 Hz and 50 kHz (Mitson 1995). In                   associated with the project would
                                                  square meter. The source level (SL)                     general, ambient sound levels tend to                 include impact pile driving and
                                                  represents the sound level at a distance                increase with increasing wind speed                   vibratory pile driving. The sounds
                                                  of 1 m from the source (referenced to 1                 and wave height. Surf noise becomes                   produced by these activities fall into
                                                  mPa). The received level is the sound                   important near shore, with                            one of two general sound types: Pulsed
                                                  level at the listener’s position. Note that             measurements collected at a distance of               and non-pulsed (defined in the
                                                  all underwater sound levels in this                     8.5 km from shore showing an increase                 following). The distinction between
                                                  document are referenced to a pressure of                of 10 dB in the 100 to 700 Hz band                    these two sound types is important
                                                  1 mPa and all airborne sound levels in                  during heavy surf conditions.                         because they have differing potential to
                                                  this document are referenced to a                          • Precipitation: Sound from rain and               cause physical effects, particularly with
                                                  pressure of 20 mPa.                                     hail impacting the water surface can                  regard to hearing (e.g., Ward, 1997 in
                                                     Root mean square (rms) is the                        become an important component of total                Southall et al., 2007). Please see
                                                  quadratic mean sound pressure over the                  noise at frequencies above 500 Hz, and                Southall et a.l (2007) for an in-depth
                                                  duration of an impulse. Rms is                          possibly down to 100 Hz during quiet                  discussion of these concepts.
                                                  calculated by squaring all of the sound                 times.                                                   Pulsed sound sources (e.g.,
                                                  amplitudes, averaging the squares, and                     • Biological: Marine mammals can                   explosions, gunshots, sonic booms,
                                                  then taking the square root of the                      contribute significantly to ambient noise             impact pile driving) produce signals
                                                  average (Urick 1983). Rms accounts for                  levels, as can some fish and shrimp. The              that are brief (typically considered to be
mstockstill on DSK30JT082PROD with NOTICES




                                                  both positive and negative values;                      frequency band for biological                         less than one second), broadband, atonal
                                                  squaring the pressures makes all values                 contributions is from approximately 12                transients (ANSI 1986; Harris 1998;
                                                  positive so that they may be accounted                  Hz to over 100 kHz.                                   NIOSH 1998; ISO 2003; ANSI 2005) and
                                                  for in the summation of pressure levels                    • Anthropogenic: Sources of ambient                occur either as isolated events or
                                                  (Hastings and Popper 2005). This                        noise related to human activity include               repeated in some succession. Pulsed
                                                  measurement is often used in the                        transportation (surface vessels and                   sounds are all characterized by a
                                                  context of discussing behavioral effects,               aircraft), dredging and construction, oil             relatively rapid rise from ambient


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00044   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                                  Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                                        42313

                                                  pressure to a maximal pressure value                              high peak levels, a potentially injurious                          To reflect this, Southall et al. (2007)
                                                  followed by a rapid decay period that                             combination (Hastings and Popper                                   recommended that marine mammals be
                                                  may include a period of diminishing,                              2005). Vibratory hammers install piles                             divided into functional hearing groups
                                                  oscillating maximal and minimal                                   by vibrating them and allowing the                                 based on directly measured or estimated
                                                  pressures, and generally have an                                  weight of the hammer to push them into                             hearing ranges on the basis of available
                                                  increased capacity to induce physical                             the sediment. Vibratory hammers                                    behavioral response data, audiograms
                                                  injury as compared with sounds that                               produce significantly less sound than                              derived using auditory evoked potential
                                                  lack these features.                                              impact hammers. Peak SPLs may be 180                               techniques, anatomical modeling, and
                                                     Non-pulsed sounds can be tonal,                                dB or greater, but are generally 10 to 20                          other data. Note that no direct
                                                  narrowband, or broadband, brief or                                dB lower than SPLs generated during                                measurements of hearing ability have
                                                  prolonged, and may be either                                      impact pile driving of the same-sized                              been successfully completed for
                                                  continuous or non-continuous (ANSI                                pile (Oestman et al., 2009). Rise time is                          mysticetes (i.e., low-frequency
                                                  1995; NIOSH 1998). Some of these non-                             slower, reducing the probability and                               cetaceans). Subsequently, NMFS (2016)
                                                  pulsed sounds can be transient signals                            severity of injury, and sound energy is                            described generalized hearing ranges for
                                                  of short duration but without the                                 distributed over a greater amount of                               these marine mammal hearing groups.
                                                  essential properties of pulses (e.g., rapid                       time (Nedwell and Edwards 2002;                                    Generalized hearing ranges were chosen
                                                  rise time). Examples of non-pulsed                                Carlson et al., 2005).
                                                                                                                                                                                       based on the approximately 65 dB
                                                  sounds include those produced by                                  Marine Mammal Hearing                                              threshold from the normalized
                                                  vessels, aircraft, machinery operations                             Hearing is the most important sensory                            composite audiograms, with the
                                                  such as drilling or dredging, vibratory                           modality for marine mammals                                        exception for lower limits for low-
                                                  pile driving, and active sonar systems                            underwater, and exposure to                                        frequency cetaceans where the lower
                                                  (such as those used by the U.S. Navy).                            anthropogenic sound can have                                       bound was deemed to be biologically
                                                  The duration of such sounds, as                                   deleterious effects. To appropriately                              implausible and the lower bound from
                                                  received at a distance, can be greatly                            assess the potential effects of exposure                           Southall et al. (2007) retained. The
                                                  extended in a highly reverberant                                  to sound, it is necessary to understand                            functional groups and the associated
                                                  environment.                                                      the frequency ranges marine mammals                                frequencies are indicated below (note
                                                     Impact hammers operate by                                      are able to hear. Current data indicate                            that these frequency ranges correspond
                                                  repeatedly dropping a heavy piston onto                           that not all marine mammal species                                 to the range for the composite group,
                                                  a pile to drive the pile into the substrate.                      have equal hearing capabilities (e.g.,                             with the entire range not necessarily
                                                  Sound generated by impact hammers is                              Richardson et al., 1995; Wartzok and                               reflecting the capabilities of every
                                                  characterized by rapid rise times and                             Ketten, 1999; Au and Hastings, 2008).                              species within that group):

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

                                                  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.
                                                  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).


                                                    The pinniped functional hearing                                 water functional hearing group while                               of exposure, behavioral context, and
                                                  group was modified from Southall et al.                           California sea lions are grouped under                             various other factors. The potential
                                                  (2007) on the basis of data indicating                            the Otariid pinnipeds in water                                     effects of underwater sound from active
                                                  that phocid species have consistently                             functional hearing group. A species’                               acoustic sources can potentially result
                                                  demonstrated an extended frequency                                functional hearing group is a                                      in one or more of the following;
                                                  range of hearing compared to otariids,                            consideration when we analyze the                                  temporary or permanent hearing
                                                  especially in the higher frequency range                          effects of exposure to sound on marine                             impairment, non-auditory physical or
                                                  (Hemilä et al., 2006; Kastelein et al.,                          mammals.                                                           physiological effects, behavioral
                                                  2009; Reichmuth and Holt, 2013). For                              Acoustic Impacts                                                   disturbance, stress, and masking
                                                  more detail concerning these groups and                                                                                              (Richardson et al., 1995; Gordon et al.,
                                                  associated frequency ranges, please see                             Please refer to the information given                            2004; Nowacek et al., 2007; Southall et
                                                  NMFS (2016) for a review of available                             previously (Description of Sound                                   al., 2007; Gotz et al., 2009). The degree
                                                  information. As mentioned previously                              Sources) regarding sound,                                          of effect is intrinsically related to the
                                                  in this document, three marine mammal                             characteristics of sound types, and                                signal characteristics, received level,
mstockstill on DSK30JT082PROD with NOTICES




                                                  species (one cetacean and two                                     metrics used in this document.                                     distance from the source, and duration
                                                  pinnipeds) may occur in the project                               Anthropogenic sounds cover a broad                                 of the sound exposure. In general,
                                                  area. Of these three, the bottlenose                              range of frequencies and sound levels                              sudden, high level sounds can cause
                                                  dolphin is classified as a mid-frequency                          and can have a range of highly variable                            hearing loss, as can longer exposures to
                                                  cetacean (Southall et al., 2007).                                 impacts on marine life, from none or                               lower level sounds. Temporary or
                                                  Additionally, harbor seals are classified                         minor to potentially severe responses,                             permanent loss of hearing will occur
                                                  as members of the phocid pinnipeds in                             depending on received levels, duration                             almost exclusively for noise within an


                                             VerDate Sep<11>2014      17:42 Sep 06, 2017      Jkt 241001     PO 00000     Frm 00045      Fmt 4703     Sfmt 4703     E:\FR\FM\07SEN1.SGM          07SEN1


                                                  42314                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  animal’s hearing range. We first describe               represents primarily tissue fatigue and               TTS have been obtained for marine
                                                  specific manifestations of acoustic                     is reversible (Southall et al., 2007). In             mammals. Marine mammal hearing
                                                  effects before providing discussion                     addition, other investigators have                    plays a critical role in communication
                                                  specific to the Venoco’s construction                   suggested that TTS is within the normal               with conspecifics, and interpretation of
                                                  activities.                                             bounds of physiological variability and               environmental cues for purposes such
                                                     Richardson et al. (1995) described                   tolerance and does not represent                      as predator avoidance and prey capture.
                                                  zones of increasing intensity of effect                 physical injury (e.g., Ward 1997).                    Depending on the degree (elevation of
                                                  that might be expected to occur, in                     Therefore, NMFS does not consider TTS                 threshold in dB), duration (i.e., recovery
                                                  relation to distance from a source and                  to constitute auditory injury.                        time), and frequency range of TTS, and
                                                  assuming that the signal is within an                      Relationships between TTS and PTS                  the context in which it is experienced,
                                                  animal’s hearing range. First is the area               thresholds have not been studied in                   TTS can have effects on marine
                                                  within which the acoustic signal would                  marine mammals—PTS data exists only                   mammals ranging from discountable to
                                                  be audible (potentially perceived) to the               for a single harbor seal (Kastak et al.,              serious. For example, a marine mammal
                                                  animal, but not strong enough to elicit                 2008)—but are assumed to be similar to                may be able to readily compensate for
                                                  any overt behavioral or physiological                   those in humans and other terrestrial                 a brief, relatively small amount of TTS
                                                  response. The next zone corresponds                     mammals. PTS typically occurs at                      in a non-critical frequency range that
                                                  with the area where the signal is audible               exposure levels at least several dB above             occurs during a time where ambient
                                                  to the animal and of sufficient intensity               a 40-dB threshold shift approximates                  noise is lower and there are not as many
                                                  to elicit behavioral or physiological                   PTS onset; e.g., Kryter et al., 1966;                 competing sounds present.
                                                  responsiveness. Third is a zone within                  Miller, 1974) that inducing mild TTS (a               Alternatively, a larger amount and
                                                  which, for signals of high intensity, the               6-dB threshold shift approximates TTS                 longer duration of TTS sustained during
                                                  received level is sufficient to potentially             onset; e.g., Southall et al., 2007). Based            a time when communication is critical
                                                  cause discomfort or tissue damage to                    on data from terrestrial mammals, a                   for successful mother/calf interactions
                                                  auditory or other systems. Overlaying                   precautionary assumption is that the                  could have more serious impacts.
                                                  these zones to a certain extent is the                  PTS thresholds for impulse sounds                        Currently, TTS data only exist for four
                                                  area within which masking (i.e., when a                 (such as impact pile driving pulses as                species of cetaceans (bottlenose
                                                  sound interferes with or masks the                      received close to the source) are at least            dolphin, beluga whale (Delphinapterus
                                                  ability of an animal to detect a signal of              6 dB higher than the TTS threshold on                 leucas), harbor porpoise, and Yangtze
                                                  interest that is above the absolute                     a peak-pressure basis and PTS                         finless porpoise (Neophocoena
                                                  hearing threshold) may occur; the                       cumulative sound exposure level                       asiaeorientalis)) and three species of
                                                  masking zone may be highly variable in                  thresholds are 15 to 20 dB higher than                pinnipeds (northern elephant seal,
                                                  size.                                                   TTS cumulative sound exposure level                   harbor seal, and California sea lion)
                                                     We describe the more severe effects                  thresholds (Southall et al., 2007). Given             exposed to a limited number of sound
                                                  (i.e., permanent hearing impairment,                    the higher level of sound or longer                   sources (i.e., mostly tones and octave-
                                                  certain non-auditory physical or                        exposure duration necessary to cause                  band noise) in laboratory settings (e.g.,
                                                  physiological effects) only briefly as we               PTS as compared with TTS, it is                       Finneran et al., 2002; Nachtigall et al.,
                                                  do not expect that there is a reasonable                considerably less likely that PTS could               2004; Kastak et al., 2005; Lucke et al.,
                                                  likelihood that Venoco’s activities may                 occur.                                                2009; Popov et al., 2011). In general,
                                                  result in such effects (see below for                      Non-auditory physiological effects or              harbor seals (Kastak et al., 2005;
                                                  further discussion). Marine mammals                     injuries that theoretically might occur in            Kastelein et al., 2012a) and harbor
                                                  exposed to high-intensity sound, or to                  marine mammals exposed to high level                  porpoises (Lucke et al., 2009; Kastelein
                                                  lower-intensity sound for prolonged                     underwater sound or as a secondary                    et al., 2012b) have a lower TTS onset
                                                  periods, can experience hearing                         effect of extreme behavioral reactions                than other measured pinniped or
                                                  threshold shift (TS), a change, usually                 (e.g., change in dive profile as a result             cetacean species. Additionally, the
                                                  an increase, in the threshold of                        of an avoidance reaction) caused by                   existing marine mammal TTS data come
                                                  audibility at a specified frequency or                  exposure to sound include neurological                from a limited number of individuals
                                                  portion of an individual’s hearing range                effects, bubble formation, resonance                  within these species. There are no data
                                                  above a previously established reference                effects, and other types of organ or                  available on noise-induced hearing loss
                                                  level (NMFS 2016). TS can be                            tissue damage (Cox et al., 2006; Southall             for mysticetes. For summaries of data on
                                                  permanent (PTS), an irreversible                        et al., 2007; Zimmer and Tyack 2007).                 TTS in marine mammals or for further
                                                  increase in the threshold of audibility at              Venoco’s activities do not involve the                discussion of TTS onset thresholds,
                                                  a specified frequency or portion of an                  use of devices such as explosives or                  please see Southall et al. (2007) and
                                                  individual’s hearing range above a                      mid-frequency active sonar that are                   Finneran and Jenkins (2012).
                                                  previously established reference level,                 associated with these types of effects;                  Behavioral effects—Behavioral
                                                  or temporary (TTS), a temporary,                        therefore, no non-auditory physical                   disturbance may include a variety of
                                                  reversible increase in the threshold of                 effects or injuries is anticipated                    effects, including subtle changes in
                                                  audibility at a specified frequency or                     Temporary threshold shift—TTS is                   behavior (e.g., minor or brief avoidance
                                                  portion of an individual’s hearing range                the mildest form of hearing impairment                of an area or changes in vocalizations),
                                                  above a previously established reference                that can occur during exposure to sound               more conspicuous changes in similar
                                                  level (NMFS 2016). Repeated sound                       (Kryter 1985). While experiencing TTS,                behavioral activities, and more
                                                  exposure that leads to TTS could cause                  the hearing threshold rises, and a sound              sustained and/or potentially severe
                                                  PTS. In severe cases of PTS, there can                  must be at a higher level in order to be              reactions, such as displacement from or
mstockstill on DSK30JT082PROD with NOTICES




                                                  be total or partial deafness, while in                  heard. In terrestrial and marine                      abandonment of high-quality habitat.
                                                  most cases the animal has an impaired                   mammals, TTS can last from minutes or                 Behavioral responses to sound are
                                                  ability to hear sounds in specific                      hours to days (in cases of strong TTS).               highly variable and context-specific and
                                                  frequency ranges (Kryter 1985).                         In many cases, hearing sensitivity                    any reactions depend on numerous
                                                     When PTS occurs, there is physical                   recovers rapidly after exposure to the                intrinsic and extrinsic factors (e.g.,
                                                  damage to the sound receptors in the ear                sound ends. Few data on sound levels                  species, state of maturity, experience,
                                                  (i.e., tissue damage), whereas TTS                      and durations necessary to elicit mild                current activity, reproductive state,


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00046   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                            42315

                                                  auditory sensitivity, time of day), as                  impacts of the change are unlikely to be              respiration rates may either be
                                                  well as the interplay between factors                   significant to the individual, let alone              unaffected or could increase, depending
                                                  (e.g., Richardson et al., 1995; Wartzok et              the stock or population. However, if a                on the species and signal characteristics,
                                                  al., 2003; Southall et al., 2007; Weilgart,             sound source displaces marine                         again highlighting the importance in
                                                  2007; Archer et al., 2010). Behavioral                  mammals from an important feeding or                  understanding species differences in the
                                                  reactions can vary not only among                       breeding area for a prolonged period,                 tolerance of underwater noise when
                                                  individuals but also within an                          impacts on individuals and populations                determining the potential for impacts
                                                  individual, depending on previous                       could be significant (e.g., Lusseau and               resulting from anthropogenic sound
                                                  experience with a sound source,                         Bejder 2007; Weilgart 2007; NRC 2005).                exposure (e.g., Kastelein et al., 2001,
                                                  context, and numerous other factors                     However, there are broad categories of                2005b, 2006; Gailey et al., 2007).
                                                  (Ellison et al., 2012), and can vary                    potential response, which we describe                    Marine mammals vocalize for
                                                  depending on characteristics associated                 in greater detail here, that include                  different purposes and across multiple
                                                  with the sound source (e.g., whether it                 alteration of dive behavior, alteration of            modes, such as whistling, echolocation
                                                  is moving or stationary, number of                      foraging behavior, effects to breathing,              click production, calling, and singing.
                                                  sources, distance from the source).                     interference with or alteration of                    Changes in vocalization behavior in
                                                  Please see Appendices B–C of Southall                   vocalization, avoidance, and flight.                  response to anthropogenic noise can
                                                  et al. (2007) for a review of studies                      Changes in dive behavior can vary                  occur for any of these modes and may
                                                  involving marine mammal behavioral                      widely, and may consist of increased or               result from a need to compete with an
                                                  responses to sound.                                     decreased dive times and surface                      increase in background noise or may
                                                     Habituation can occur when an                        intervals as well as changes in the rates             reflect increased vigilance or a startle
                                                  animal’s response to a stimulus wanes                   of ascent and descent during a dive (e.g.,            response. For example, in the presence
                                                  with repeated exposure, usually in the                  Frankel and Clark 2000; Costa et al.,                 of potentially masking signals,
                                                  absence of unpleasant associated events                 2003; Ng and Leung 2003; Nowacek et                   humpback whales and killer whales
                                                  (Wartzok et al., 2003). Animals are most                al., 2004; Goldbogen et al., 2013a,b).                have been observed to increase the
                                                  likely to habituate to sounds that are                  Variations in dive behavior may reflect               length of their songs (Miller et al., 2000;
                                                  predictable and unvarying. It is                        interruptions in biologically significant             Fristrup et al., 2003; Foote et al., 2004),
                                                  important to note that habituation is                   activities (e.g., foraging) or they may be            while right whales (Eubalaena glacialis)
                                                  appropriately considered as a                           of little biological significance. The                have been observed to shift the
                                                  ‘‘progressive reduction in response to                  impact of an alteration to dive behavior              frequency content of their calls upward
                                                  stimuli that are perceived as neither                   resulting from an acoustic exposure                   while reducing the rate of calling in
                                                  aversive nor beneficial,’’ rather than as,              depends on what the animal is doing at                areas of increased anthropogenic noise
                                                  more generally, moderation in response                  the time of the exposure and the type                 (Parks et al., 2007b). In some cases,
                                                  to human disturbance (Bejder et al.,                    and magnitude of the response.                        animals may cease sound production
                                                  2009). The opposite process is                             Disruption of feeding behavior can be              during production of aversive signals
                                                  sensitization, when an unpleasant                       difficult to correlate with anthropogenic             (Bowles et al., 1994).
                                                  experience leads to subsequent                          sound exposure, so it is usually inferred                Avoidance is the displacement of an
                                                  responses, often in the form of                         by observed displacement from known                   individual from an area or migration
                                                  avoidance, at a lower level of exposure.                foraging areas, the appearance of                     path as a result of the presence of a
                                                     As noted above, behavioral state may                 secondary indicators (e.g., bubble nets               sound or other stressors, and is one of
                                                  affect the type of response. For example,               or sediment plumes), or changes in dive               the most obvious manifestations of
                                                  animals that are resting may show                       behavior. As for other types of                       disturbance in marine mammals
                                                  greater behavioral change in response to                behavioral response, the frequency,                   (Richardson et al., 1995). For example,
                                                  disturbing sound levels than animals                    duration, and temporal pattern of signal              gray whales (Eschrictius robustus) are
                                                  that are highly motivated to remain in                  presentation, as well as differences in               known to change direction—deflecting
                                                  an area for feeding (Richardson et al.,                 species sensitivity, are likely                       from customary migratory paths—in
                                                  1995; NRC, 2003; Wartzok et al., 2003).                 contributing factors to differences in                order to avoid noise from seismic
                                                  Controlled experiments with captive                     response in any given circumstance                    surveys (Malme et al., 1984). Avoidance
                                                  marine mammals have showed                              (e.g., Croll et al., 2001; Nowacek et al.;            may be short-term, with animals
                                                  pronounced behavioral reactions,                        2004; Madsen et al., 2006; Yazvenko et                returning to the area once the noise has
                                                  including avoidance of loud sound                       al., 2007). A determination of whether                ceased (e.g., Bowles et al., 1994; Goold
                                                  sources (Ridgway et al., 1997; Finneran                 foraging disruptions incur fitness                    1996; Stone et al., 2000; Morton and
                                                  et al., 2003). Observed responses of wild               consequences would require                            Symonds, 2002; Gailey et al., 2007).
                                                  marine mammals to loud pulsed sound                     information on or estimates of the                    Longer-term displacement is possible,
                                                  sources (typically seismic airguns or                   energetic requirements of the affected                however, which may lead to changes in
                                                  acoustic harassment devices) have been                  individuals and the relationship                      abundance or distribution patterns of
                                                  varied but often consist of avoidance                   between prey availability, foraging effort            the affected species in the affected
                                                  behavior or other behavioral changes                    and success, and the life history stage of            region if habituation to the presence of
                                                  suggesting discomfort (Morton and                       the animal.                                           the sound does not occur (e.g.,
                                                  Symonds 2002; see also Richardson et                       Variations in respiration naturally                Blackwell et al., 2004; Bejder et al.,
                                                  al., 1995; Nowacek et al., 2007).                       vary with different behaviors and                     2006; Teilmann et al., 2006).
                                                     Available studies show wide variation                alterations to breathing rate as a                       A flight response is a dramatic change
                                                  in response to underwater sound;                        function of acoustic exposure can be                  in normal movement to a directed and
mstockstill on DSK30JT082PROD with NOTICES




                                                  therefore, it is difficult to predict                   expected to co-occur with other                       rapid movement away from the
                                                  specifically how any given sound in a                   behavioral reactions, such as a flight                perceived location of a sound source.
                                                  particular instance might affect marine                 response or an alteration in diving.                  The flight response differs from other
                                                  mammals perceiving the signal. If a                     However, respiration rates in and of                  avoidance responses in the intensity of
                                                  marine mammal does react briefly to an                  themselves may be representative of                   the response (e.g., directed movement,
                                                  underwater sound by changing its                        annoyance or an acute stress response.                rate of travel). Relatively little
                                                  behavior or moving a small distance, the                Various studies have shown that                       information on flight responses of


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42316                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  marine mammals to anthropogenic                            Stress responses—An animal’s                       example, Rolland et al. (2012) found
                                                  signals exist, although observations of                 perception of a threat may be sufficient              that noise reduction from reduced ship
                                                  flight responses to the presence of                     to trigger stress responses consisting of             traffic in the Bay of Fundy was
                                                  predators have occurred (Connor and                     some combination of behavioral                        associated with decreased stress in
                                                  Heithaus 1996). The result of a flight                  responses, autonomic nervous system                   North Atlantic right whales. These and
                                                  response could range from brief,                        responses, neuroendocrine responses, or               other studies lead to a reasonable
                                                  temporary exertion and displacement                     immune responses (e.g., Seyle 1950;                   expectation that some marine mammals
                                                  from the area where the signal provokes                 Moberg 2000). In many cases, an                       will experience physiological stress
                                                  flight to, in extreme cases, marine                     animal’s first and sometimes most                     responses upon exposure to acoustic
                                                  mammal strandings (Evans and England                    economical (in terms of energetic costs)              stressors and that it is possible that
                                                  2001). However, it should be noted that                 response is behavioral avoidance of the               some of these would be classified as
                                                  response to a perceived predator does                   potential stressor. Autonomic nervous                 ‘‘distress.’’ In addition, any animal
                                                  not necessarily invoke flight (Ford and                 system responses to stress typically                  experiencing TTS would likely also
                                                  Reeves 2008), and whether individuals                   involve changes in heart rate, blood                  experience stress responses (NRC,
                                                  are solitary or in groups may influence                 pressure, and gastrointestinal activity.              2003).
                                                  the response.                                           These responses have a relatively short                  Auditory masking—Sound can
                                                     Behavioral disturbance can also                      duration and may or may not have a                    disrupt behavior through masking, or
                                                  impact marine mammals in more subtle                    significant long-term effect on an                    interfering with, an animal’s ability to
                                                  ways. Increased vigilance may result in                 animal’s fitness.                                     detect, recognize, or discriminate
                                                  costs related to diversion of focus and                    Neuroendocrine stress responses often              between acoustic signals of interest (e.g.,
                                                  attention (i.e., when a response consists               involve the hypothalamus-pituitary-                   those used for intraspecific
                                                  of increased vigilance, it may come at                  adrenal system. Virtually all                         communication and social interactions,
                                                  the cost of decreased attention to other                neuroendocrine functions that are                     prey detection, predator avoidance,
                                                  critical behaviors such as foraging or                  affected by stress—including immune                   navigation) (Richardson et al., 1995).
                                                  resting). These effects have generally not              competence, reproduction, metabolism,                 Masking occurs when the receipt of a
                                                  been demonstrated for marine                            and behavior—are regulated by pituitary               sound is interfered with by another
                                                  mammals, but studies involving fish                     hormones. Stress-induced changes in                   coincident sound at similar frequencies
                                                  and terrestrial animals have shown that                 the secretion of pituitary hormones have              and at similar or higher intensity, and
                                                  increased vigilance may substantially                   been implicated in failed reproduction,               may occur whether the sound is natural
                                                  reduce feeding rates (e.g., Beauchamp                   altered metabolism, reduced immune                    (e.g., snapping shrimp, wind, waves,
                                                  and Livoreil 1997; Fritz et al,, 2002;                  competence, and behavioral disturbance                precipitation) or anthropogenic (e.g.,
                                                  Purser and Radford 2011). In addition,                  (e.g., Moberg 1987; Blecha 2000).                     shipping, sonar, seismic exploration) in
                                                  chronic disturbance can cause                           Increases in the circulation of                       origin. The ability of a noise source to
                                                  population declines through reduction                   glucocorticoids are also equated with                 mask biologically important sounds
                                                  of fitness (e.g., decline in body                       stress (Romano et al., 2004).                         depends on the characteristics of both
                                                  condition) and subsequent reduction in                     The primary distinction between                    the noise source and the signal of
                                                  reproductive success, survival, or both                 stress (which is adaptive and does not                interest (e.g., signal-to-noise ratio,
                                                  (e.g., Harrington and Veitch, 1992; Daan                normally place an animal at risk) and                 temporal variability, direction), in
                                                  et al., 1996; Bradshaw et al., 1998).                   ‘‘distress’’ is the cost of the response.             relation to each other and to an animal’s
                                                  However, Ridgway et al. (2006) reported                 During a stress response, an animal uses              hearing abilities (e.g., sensitivity,
                                                  that increased vigilance in bottlenose                  glycogen stores that can be quickly                   frequency range, critical ratios,
                                                  dolphins exposed to sound over a five-                  replenished once the stress is alleviated.            frequency discrimination, directional
                                                  day period did not cause any sleep                      In such circumstances, the cost of the                discrimination, age or TTS hearing loss),
                                                  deprivation or stress effects.                          stress response would not pose serious                and existing ambient noise and
                                                     Many animals perform vital functions,                fitness consequences. However, when                   propagation conditions.
                                                  such as feeding, resting, traveling, and                an animal does not have sufficient                       Under certain circumstances, marine
                                                  socializing, on a diel cycle (24-hour                   energy reserves to satisfy the energetic              mammals experiencing significant
                                                  cycle). Disruption of such functions                    costs of a stress response, energy                    masking could also be impaired from
                                                  resulting from reactions to stressors                   resources must be diverted from other                 maximizing their performance fitness in
                                                  such as sound exposure are more likely                  functions. This state of distress will last           survival and reproduction. Therefore,
                                                  to be significant if they last more than                until the animal replenishes its                      when the coincident (masking) sound is
                                                  one diel cycle or recur on subsequent                   energetic reserves sufficient to restore              man-made, it may be considered
                                                  days (Southall et al., 2007).                           normal function.                                      harassment when disrupting or altering
                                                  Consequently, a behavioral response                        Relationships between these                        critical behaviors. It is important to
                                                  lasting less than one day and not                       physiological mechanisms, animal                      distinguish TTS and PTS, which persist
                                                  recurring on subsequent days is not                     behavior, and the costs of stress                     after the sound exposure, from masking,
                                                  considered particularly severe unless it                responses are well-studied through                    which occurs during the sound
                                                  could directly affect reproduction or                   controlled experiments and for both                   exposure. Because masking (without
                                                  survival (Southall et al., 2007). Note that             laboratory and free-ranging animals                   resulting in TS) is not associated with
                                                  there is a difference between multi-day                 (e.g., Holberton et al., 1996; Hood et al.,           abnormal physiological function, it is
                                                  substantive behavioral reactions and                    1998; Jessop et al., 2003; Krausman et                not considered a physiological effect,
                                                  multi-day anthropogenic activities. For                 al., 2004; Lankford et al., 2005). Stress             but rather a potential behavioral effect.
mstockstill on DSK30JT082PROD with NOTICES




                                                  example, just because an activity lasts                 responses due to exposure to                             The frequency range of the potentially
                                                  for multiple days does not necessarily                  anthropogenic sounds or other stressors               masking sound is important in
                                                  mean that individual animals are either                 and their effects on marine mammals                   determining any potential behavioral
                                                  exposed to activity-related stressors for               have also been reviewed (Fair and                     impacts. For example, low-frequency
                                                  multiple days or, further, exposed in a                 Becker 2000; Romano et al., 2002b) and,               signals may have less effect on high-
                                                  manner resulting in sustained multi-day                 more rarely, studied in wild populations              frequency echolocation sounds
                                                  substantive behavioral responses.                       (e.g., Romano et al., 2002a). For                     produced by odontocetes but are more


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                             42317

                                                  likely to affect detection of mysticete                 activities are expected to result                     predictions of the numbers (if any) of
                                                  communication calls and other                           primarily from acoustic pathways. As                  marine mammals that might be affected
                                                  potentially important natural sounds                    such, the degree of effect is intrinsically           in those ways. We do not expect any
                                                  such as those produced by surf and                      related to the frequency, received level,             non-auditory physiological effects
                                                  some prey species. The masking of                       and duration of the sound exposure,                   because of mitigation that prevents
                                                  communication signals by                                which are in turn influenced by the                   animals from approach the source too
                                                  anthropogenic noise may be considered                   distance between the animal and the                   closely, as well as source levels with
                                                  as a reduction in the communication                     source. The further away from the                     very small Level A isopleths. Marine
                                                  space of animals (e.g., Clark et al., 2009)             source, the less intense the exposure                 mammals that show behavioral
                                                  and may result in energetic or other                    should be. The substrate and depth of                 avoidance of pile driving, including
                                                  costs as animals change their                           the habitat affect the sound propagation              some odontocetes and some pinnipeds,
                                                  vocalization behavior (e.g., Miller et al.,             properties of the environment. In                     are especially unlikely to incur on-
                                                  2000; Foote et al., 2004; Parks et al.,                 addition, substrates that are soft (e.g.,             auditory physical effects.
                                                  2007b; Di Iorio and Clark 2009; Holt et                 sand) would absorb or attenuate the
                                                                                                          sound more readily than hard substrates               Disturbance Reactions
                                                  al., 2009). Masking can be reduced in
                                                  situations where the signal and noise                   (e.g., rock), which may reflect the                      Responses to continuous sound, such
                                                  come from different directions                          acoustic wave. Soft porous substrates                 as vibratory pile installation, have not
                                                  (Richardson et al., 1995), through                      would also likely require less time to                been documented as well as responses
                                                  amplitude modulation of the signal, or                  drive the pile, and possibly less forceful            to pulsed sounds. With both types of
                                                  through other compensatory behaviors                    equipment, which would ultimately                     pile driving, it is likely that the onset of
                                                  (Houser and Moore 2014). Masking can                    decrease the intensity of the acoustic                pile driving could result in temporary,
                                                  be tested directly in captive species                   source.                                               short term changes in an animal’s
                                                  (e.g., Erbe 2008), but in wild                             In the absence of mitigation, impacts              typical behavior and/or avoidance of the
                                                  populations it must be either modeled                   to marine species could be expected to                affected area. These behavioral changes
                                                  or inferred from evidence of masking                    include physiological and behavioral                  may include (Richardson et al., 1995):
                                                  compensation. There are few studies                     responses to the acoustic signature                   Changing durations of surfacing and
                                                  addressing real-world masking sounds                    (Viada et al., 2008). Potential effects               dives, number of blows per surfacing, or
                                                  likely to be experienced by marine                      from impulsive sound sources like pile                moving direction and/or speed;
                                                  mammals in the wild (e.g., Branstetter et               driving can range in severity from                    reduced/increased vocal activities;
                                                  al., 2013).                                             effects such as behavioral disturbance to             changing/cessation of certain behavioral
                                                     Masking affects both senders and                     temporary or permanent hearing                        activities (such as socializing or
                                                  receivers of acoustic signals and can                   impairment (Yelverton et al., 1973). Due              feeding); visible startle response or
                                                  potentially have long-term chronic                      to the nature of the pile driving sounds              aggressive behavior (such as tail/fluke
                                                  effects on marine mammals at the                        in the project, behavioral disturbance is             slapping or jaw clapping); avoidance of
                                                  population level as well as at the                      the most likely effect from the proposed
                                                                                                                                                                areas where sound sources are located;
                                                  individual level. Low-frequency                         activity. Marine mammals exposed to
                                                                                                                                                                and/or flight responses (e.g., pinnipeds
                                                  ambient sound levels have increased by                  high intensity sound repeatedly or for
                                                                                                                                                                flushing into water from haul-outs or
                                                  as much as 20 dB (more than three times                 prolonged periods can experience
                                                                                                                                                                rookeries). Pinnipeds may increase their
                                                  in terms of SPL) in the world’s ocean                   hearing threshold shifts. PTS constitutes
                                                                                                                                                                haul-out time, possibly to avoid in-
                                                  from pre-industrial periods, with most                  injury, but TTS does not (Southall et al.,
                                                                                                                                                                water disturbance (Thorson and Reyff
                                                  of the increase from distant commercial                 2007). Based on the best scientific
                                                                                                                                                                2006). If a marine mammal responds to
                                                  shipping (Hildebrand 2009). All                         information available, the SPLs for the
                                                                                                                                                                a stimulus by changing its behavior
                                                  anthropogenic sound sources, but                        construction activities in this project are
                                                                                                                                                                (e.g., through relatively minor changes
                                                  especially chronic and lower-frequency                  below the thresholds that could cause
                                                                                                          TTS or the onset of PTS (Table 4).                    in locomotion direction/speed or
                                                  signals (e.g., from vessel traffic),                                                                          vocalization behavior), the response
                                                  contribute to elevated ambient sound                    Non-auditory Physiological Effects                    may or may not constitute taking at the
                                                  levels, thus intensifying masking.                         Non-auditory physiological effects or              individual level, and is unlikely to
                                                  Acoustic Effects, Underwater                            injuries that theoretically might occur in            affect the stock or the species as a
                                                                                                          marine mammals exposed to strong                      whole. However, if a sound source
                                                  Potential Effects of Pile Driving Sound                 underwater sound include stress,                      displaces marine mammals from an
                                                    The effects of sounds from pile                       neurological effects, bubble formation,               important feeding or breeding area for a
                                                  driving might include one or more of                    resonance effects, and other types of                 prolonged period, impacts on animals,
                                                  the following: Temporary or permanent                   organ or tissue damage (Cox et al., 2006;             and if so potentially on the stock or
                                                  hearing impairment, non-auditory                        Southall et al., 2007). Studies examining             species, could potentially be significant
                                                  physical or physiological effects,                      such effects are limited. In general, little          (e.g., Lusseau and Bejder 2007; Weilgart
                                                  behavioral disturbance, and masking                     is known about the potential for pile                 2007).
                                                  (Richardson et al., 1995; Gordon et al.,                driving to cause non-auditory physical                   The biological significance of many of
                                                  2003; Nowacek et al., 2007; Southall et                 effects in marine mammals. Available                  these behavioral disturbances is difficult
                                                  al., 2007). The effects of pile driving on              data suggest that such effects, if they               to predict, especially if the detected
                                                  marine mammals are dependent on                         occur at all, would presumably be                     disturbances appear minor. However,
                                                  several factors, including the type and                 limited to short distances from the                   the consequences of behavioral
mstockstill on DSK30JT082PROD with NOTICES




                                                  depth of the animal; the pile size and                  sound source and to activities that                   modification could be expected to be
                                                  type, and the intensity and duration of                 extend over a prolonged period. The                   biologically significant if the change
                                                  the pile driving sound; the substrate; the              available data do not allow                           affects growth, survival, or
                                                  standoff distance between the pile and                  identification of a specific exposure                 reproduction. Significant behavioral
                                                  the animal; and the sound propagation                   level above which non-auditory effects                modifications that could potentially
                                                  properties of the environment. Impacts                  can be expected (Southall et al., 2007)               lead to effects on growth, survival, or
                                                  to marine mammals from pile driving                     or any meaningful quantitative                        reproduction include:


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42318                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                    • Drastic changes in diving/surfacing                 Acoustic Effects, Airborne                            importance to marine mammals present
                                                  patterns (such as those thought to cause                   Pinnipeds that occur near the project              in the marine waters of the project area
                                                  beaked whale stranding due to exposure                  site could be exposed to airborne                     during the construction window.
                                                  to military mid-frequency tactical                      sounds associated with pile driving that              Therefore, the main impact issue
                                                  sonar);                                                 have the potential to cause behavioral                associated with the proposed activity
                                                    • Longer-term habitat abandonment                                                                           would be temporarily elevated sound
                                                                                                          harassment, depending on their distance
                                                  due to loss of desirable acoustic                                                                             levels and the associated direct effects
                                                                                                          from pile driving activities. This
                                                  environment; and                                                                                              on marine mammals, as discussed
                                                    • Longer-term cessation of feeding or                 primarily is related to harbor seals due
                                                                                                          to the close proximity of the adjacent                previously in this document. The
                                                  social interaction.                                                                                           primary potential acoustic impacts to
                                                     The onset of behavioral disturbance                  rookery; however, California sea lions
                                                                                                          may also be randomly haul-out nearby.                 marine mammal habitat are associated
                                                  from anthropogenic sound depends on                                                                           with elevated sound levels produced by
                                                  both external factors (characteristics of               Cetaceans are not expected to be
                                                                                                          exposed to airborne sounds that would                 vibratory and impact pile driving in the
                                                  sound sources and their paths) and the                                                                        area. Physical impacts to the
                                                  specific characteristics of the receiving               result in harassment as defined under
                                                                                                          the MMPA.                                             environment such as construction
                                                  animals (hearing, motivation,                                                                                 debris are unlikely and no pile driving
                                                  experience, demography) and is difficult                   Airborne noise will primarily be an
                                                                                                          issue for pinnipeds that are swimming                 will occur on the haulout beach.
                                                  to predict (Southall et al., 2007).
                                                                                                          or hauled out near the project site                   In-Water Construction Effects on
                                                  Auditory Masking                                        within the range of noise levels elevated             Potential Prey (Fish)
                                                     Natural and artificial sounds can                    above the acoustic criteria. The airborne
                                                  disrupt behavior by masking. The                        threshold for harbor seals is 90 dB rms                  Construction activities would produce
                                                  frequency range of the potentially                      re 20mPa and for other pinnipeds is 100               continuous (i.e., vibratory pile driving)
                                                  masking sound is important in                           dB rms re 20mPa. We recognize that                    and pulsed (i.e. impact driving) sounds.
                                                  determining any potential behavioral                    pinnipeds in the water could be                       Fish react to sounds that are especially
                                                  impacts. Because sound generated from                   exposed to airborne sound that may                    strong and/or intermittent low-
                                                  in-water pile driving is mostly                         result in behavioral harassment when                  frequency sounds. Short duration, sharp
                                                  concentrated at low frequency ranges, it                looking with their heads above water.                 sounds can cause overt or subtle
                                                  may have less effect on high frequency                  Most likely, airborne sound would                     changes in fish behavior and local
                                                  echolocation sounds made by porpoises.                  cause behavioral responses similar to                 distribution. Hastings and Popper (2005)
                                                  The most intense underwater sounds in                   those discussed above in relation to                  identified several studies that suggest
                                                  the proposed action are those produced                  underwater sound. For instance,                       fish may relocate to avoid certain areas
                                                  by impact pile driving. Given that the                  anthropogenic sound could cause                       of sound energy. Additional studies
                                                  energy distribution of pile driving                     hauled-out pinnipeds to exhibit changes               have documented effects of pile driving
                                                  covers a broad frequency spectrum,                      in their normal behavior, such as                     on fish, although several are based on
                                                  sound from these sources would likely                   reduction in vocalizations, or cause                  studies in support of large, multiyear
                                                  be within the audible range of marine                   them to temporarily abandon the area                  bridge construction projects (e.g.,
                                                  mammals present in the project area.                    and move further from the source.                     Scholik and Yan 2001, 2002; Popper
                                                  Impact pile driving activity is relatively              However, these animals would                          and Hastings 2009). Sound pulses at
                                                  short-term, with rapid pulses occurring                 previously have been ‘taken’ as a result              received levels of 160 dB may cause
                                                  for approximately fifteen minutes per                   of exposure to underwater sound above                 subtle changes in fish behavior. SPLs of
                                                  pile. The probability for impact pile                   the behavioral harassment thresholds,                 180 dB may cause noticeable changes in
                                                  driving resulting from this proposed                    which are in all cases larger than those              behavior (Pearson et al., 1992; Skalski et
                                                  action masking acoustic signals                         associated with airborne sound. Thus,                 al., 1992). SPLs of sufficient strength
                                                  important to the behavior and survival                  the behavioral harassment of these                    have been known to cause injury to fish
                                                  of marine mammal species is low.                        animals is already accounted for in                   and fish mortality.
                                                  Vibratory pile driving is also relatively               these estimates of potential take.                       The most likely impact to fish from
                                                  short-term, with rapid oscillations                     Multiple instances of exposure to sound               pile driving activities at the project area
                                                  occurring for approximately one and a                   above NMFS’ thresholds for behavioral                 would be temporary behavioral
                                                  half hours per pile. It is possible that                harassment are not believed to result in              avoidance of the area. The duration of
                                                  vibratory pile driving resulting from this              increased behavioral disturbance, in                  fish avoidance of this area after pile
                                                  proposed action may mask acoustic                       either nature or intensity of disturbance             driving stops is unknown, but a rapid
                                                  signals important to the behavior and                   reaction. Therefore, we do not believe                return to normal recruitment,
                                                  survival of marine mammal species, but                  that authorization of incidental take                 distribution and behavior is anticipated.
                                                  the short-term duration and limited                     resulting from airborne sound for                     In general, impacts to marine mammal
                                                  affected area would result in                           pinnipeds is warranted, and airborne                  prey species are expected to be minor
                                                  insignificant impacts from masking.                     sound is not discussed further here.                  and temporary due to the short
                                                  Any masking event that could possibly                                                                         timeframe for the project.
                                                  rise to Level B harassment under the                    Anticipated Effects on Habitat                           In summary, given the short daily
                                                  MMPA would occur concurrently                              The proposed activities at the Project             duration of sound associated with
                                                  within the zones of behavioral                          area would not result in permanent                    individual pile driving events and the
                                                  harassment already estimated for                        negative impacts to habitats used                     relatively small areas being affected,
mstockstill on DSK30JT082PROD with NOTICES




                                                  vibratory and impact pile driving, and                  directly by marine mammals, but may                   pile driving associated with the
                                                  which have already been taken into                      have potential short-term impacts to                  proposed action are not likely to have a
                                                  account in the exposure analysis. Pile                  food sources such as forage fish and                  permanent, adverse effect on any fish
                                                  driving would occur for only two to                     may affect acoustic habitat (see masking              habitat, or populations of fish species.
                                                  three hours per day for two to three days               discussion above). There are no known                 Thus, any impacts to marine mammal
                                                  so we do not anticipate masking to                      foraging hotspots or other ocean bottom               habitat are not expected to cause
                                                  significantly affect marine mammals.                    structure of significant biological                   significant or long-term consequences


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                              Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                                     42319

                                                  for individual marine mammals or their                    behaviorally harassed or incur some                                  mammals are likely to be behaviorally
                                                  populations.                                              degree of permanent hearing                                          harassed in a manner we consider Level
                                                                                                            impairment; (2) the area or volume of                                B harassment when exposed to
                                                  Estimated Take
                                                                                                            water that will be ensonified above                                  underwater anthropogenic noise above
                                                     This section provides an estimate of                   these levels in a day; (3) the density or                            received levels of 120 dB re 1 mPa (rms)
                                                  the number of incidental takes proposed                   occurrence of marine mammals within                                  for continuous (e.g. vibratory pile-
                                                  for authorization through this IHA,                       these ensonified areas; and, (4) and the                             driving, drilling) and above 160 dB re 1
                                                  which will inform both NMFS’                              number of days of activities. Below, we                              mPa (rms) for non-explosive impulsive
                                                  consideration of whether the number of                    describe these components in more                                    (e.g., seismic airguns) or intermittent
                                                  takes is ‘‘small’’ and the negligible                     detail and present the proposed take                                 (e.g., scientific sonar) sources.
                                                  impact determination.                                     estimate.                                                               Venoco’s project includes the use of
                                                     Harassment is the only type of take                                                                                         continuous (vibratory pile driving) and
                                                  expected to result from these activities.                 Acoustic Thresholds
                                                                                                                                                                                 impulsive (impact pile driving) sources,
                                                  Except with respect to certain activities
                                                                                                              Using the best available science,                                  and therefore the 120 and 160 dB re 1
                                                  not pertinent here, section 3(18) of the
                                                                                                            NMFS has developed acoustic                                          mPa (rms) thresholds are applicable.
                                                  MMPA defines ‘‘harassment’’ as: Any
                                                                                                            thresholds that identify the received                                   Level A harassment for non-explosive
                                                  act of pursuit, torment, or annoyance
                                                                                                            level of underwater sound above which                                sources—NMFS’ Technical Guidance
                                                  which (i) has the potential to injure a
                                                                                                            exposed marine mammals would be                                      for Assessing the Effects of
                                                  marine mammal or marine mammal
                                                                                                            reasonably expected to be behaviorally                               Anthropogenic Sound on Marine
                                                  stock in the wild (Level A harassment);
                                                                                                            harassed (equated to Level B                                         Mammal Hearing (Technical Guidance,
                                                  or (ii) has the potential to disturb a
                                                                                                            harassment) or to incur PTS of some                                  2016) identifies dual criteria to assess
                                                  marine mammal or marine mammal
                                                  stock in the wild by causing disruption                   degree (equated to Level A harassment).                              auditory injury (Level A harassment) to
                                                  of behavioral patterns, including, but                      Level B Harassment for non-explosive                               five different marine mammal groups
                                                  not limited to, migration, breathing,                     sources—Though significantly driven by                               (based on hearing sensitivity) as a result
                                                  nursing, breeding, feeding, or sheltering                 received level, the onset of behavioral                              of exposure to noise from two different
                                                  (Level B harassment).                                     disturbance from anthropogenic noise                                 types of sources (impulsive or non-
                                                     Authorized takes would be by Level B                   exposure is also informed to varying                                 impulsive). Venoco’s construction
                                                  harassment only, in the form of                           degrees by other factors related to the                              activity includes the use of impulsive
                                                  disruption of behavioral patterns for                     source (e.g., frequency, predictability,                             (impact pile driving) and non-impulsive
                                                  individual marine mammals resulting                       duty cycle), the environment (e.g.,                                  (vibratory pile driving) sources.
                                                  from exposure to pile driving. Based on                   bathymetry), and the receiving animals                                  These thresholds were developed by
                                                  the nature of the activity, Level A                       (hearing, motivation, experience,                                    compiling and synthesizing the best
                                                  harassment is neither anticipated nor                     demography, behavioral context) and                                  available science and soliciting input
                                                  proposed to be authorized.                                can be difficult to predict (Southall et                             multiple times from both the public and
                                                     As described previously, no mortality                  al., 2007, Ellison et al., 2011). Based on                           peer reviewers to inform the final
                                                  is anticipated or proposed to be                          what the available science indicates and                             product, and are provided in the table
                                                  authorized for this activity. Below we                    the practical need to use a threshold                                below. The references, analysis, and
                                                  describe how the take is estimated.                       based on a factor that is both predictable                           methodology used in the development
                                                     Described in the most basic way, we                    and measurable for most activities,                                  of the thresholds are described in NMFS
                                                  estimate take by considering: (1)                         NMFS uses a generalized acoustic                                     2016 Technical Guidance, which may
                                                  Acoustic thresholds above which NMFS                      threshold based on received level to                                 be accessed at: http://
                                                  believes the best available science                       estimate the onset of behavioral                                     www.nmfs.noaa.gov/pr/acoustics/
                                                  indicates marine mammals will be                          harassment. NMFS predicts that marine                                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 (LF) Cetaceans .....................................   Cell   1:   Lpk,flat:   219   dB;   LE,LF,24h: 183 dB .......................   Cell   2: LE,LF,24h: 199 dB.
                                                  Mid-Frequency (MF) Cetaceans .....................................   Cell   3:   Lpk,flat:   230   dB;   LE,MF,24h: 185 dB ......................    Cell   4: LE,MF,24h: 198 dB.
                                                  High-Frequency (HF) Cetaceans ...................................    Cell   5:   Lpk,flat:   202   dB;   LE,HF,24h: 155 dB ......................    Cell   6: LE,HF,24h: 173 dB.
                                                  Phocid Pinnipeds (PW) (Underwater) ............................      Cell   7:   Lpk,flat:   218   dB;   LE,PW,24h: 185 dB ......................    Cell   8: LE,PW,24h: 201 dB.
                                                  Otariid Pinnipeds (OW) (Underwater) ............................     Cell   9:   Lpk,flat:   232   dB;   LE,OW,24h: 203 dB .....................     Cell   10: LE,OW,24h: 219 dB.
                                                     * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul-
                                                  sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should
                                                  also be considered.
                                                     Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s.
                                                  In this Table, hresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure
                                                  is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being
                                                  included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated
mstockstill on DSK30JT082PROD with NOTICES




                                                  with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
                                                  cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
                                                  thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for
                                                  action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.




                                             VerDate Sep<11>2014    17:42 Sep 06, 2017   Jkt 241001   PO 00000    Frm 00051        Fmt 4703     Sfmt 4703      E:\FR\FM\07SEN1.SGM         07SEN1


                                                  42320                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  Ensonified Area                                         and concrete piles as well as vibratory               source will emanate from the steel pipe
                                                     Here, we describe operational and                    driving of steel pipe piles.                          segment.
                                                  environmental parameters of the activity                   Reference sound levels used by                     Source Levels
                                                  that will feed into identifying the area                Venoco were based on underwater
                                                                                                          sound measurements documented for a                      For the impact hammer method, the
                                                  ensonified above the acoustic
                                                                                                          number of pile-driving projects with                  average sound pressure level measured
                                                  thresholds.
                                                     Pile driving generates underwater                    similar pile sizes and types at similar               in dB is based on the 16-inch steel pipe
                                                  noise that can potentially result in                    sites in California (i.e., areas of soft              sound levels (Caltrans 2015, Table I.2–
                                                  disturbance to marine mammals in the                    substrate where water depths are less                 1), adjusted upward for the composite
                                                  project area. Transmission loss (TL) is                 than 16 feet (5 meters) (Caltrans 2009)).             16-inch pipe/14-inch H-pile design
                                                  the decrease in acoustic intensity as an                The noise energy would dissipate as it                because the sound level for the
                                                  acoustic pressure wave propagates out                   spreads from the pile at a rate of at least           composite pile is anticipated to be
                                                  from a source. TL parameters vary with                  4.5 dB per doubling of distance, which                greater than the Caltrans reference
                                                  frequency, temperature, sea conditions,                 is practical spreading (Caltrans 2009).               sound level for 16-inch steel pipe (158
                                                  current, source and receiver depth,                     This is a conservative value for areas of             dB), but less than the Caltrans reference
                                                  water depth, water chemistry, and                       shallow water with soft substrates, and               sound level for 14-inch steel H-pile (177
                                                  bottom composition and topography.                      actual dissipation rates would likely be              dB). As described above, the
                                                  The general formula for underwater TL                   higher. Using this information, and the               replacement piles will be a composite of
                                                  is:                                                     pile information presented in Table 1,                two materials, pre-welded into a single
                                                                                                          underwater sound levels were estimated                pile prior to driving. The upper section
                                                  TL = B * log10(R1/R2),                                                                                        will consist of 48 to 50 feet (15 meters)
                                                  Where:
                                                                                                          using the practical spreading model to
                                                                                                                                                                of 16-inch diameter x 0.50-inch wall
                                                                                                          determine over what distance the
                                                  R1 = the distance of the modeled SPL from                                                                     thickness pipe pile and the bottom
                                                      the driven pile, and                                thresholds would be exceeded.
                                                                                                                                                                segment will consist of a 12-foot (4-
                                                  R2 = the distance from the driven pile of the              Venoco used the NMFS Optional User                 meter) long 14 inch x 73 pound H-pile.
                                                      initial measurement.                                Spreadsheet, available at http://                     The water depth ranges from 13 to 27
                                                  This formula neglects loss due to                       www.nmfs.noaa.gov/pr/acoustics/                       feet (4 to 8 meters) at the end of the Pier,
                                                  scattering and absorption, which is                     Acoustic%20Guidance%20Files/                          with seasonal variations due to beach
                                                  assumed to be zero here. The degree to                  march_v1.1_blank_spreadsheet.xlsx, to                 sand withdraw and return between the
                                                  which underwater sound propagates                       input project-specific parameters and                 winter and summer seasons. When
                                                  away from a sound source is dependent                   calculate the isopleths for Level A and               impact driving is initiated the H-pile
                                                  on a variety of factors, most notably the               Level B zones from both impact and                    will partially enter the mud substrate
                                                  water bathymetry and presence or                        vibratory pile driving. Input to the                  (e.g., up to two to four feet) pushed by
                                                  absence of reflective or absorptive                     Optional User Spreadsheet are based on                hammer weight and the weight of the
                                                  conditions including in-water structures                project-specific parameters that provide              pipe itself due to soft substrate (mud) at
                                                  and sediments. Spherical spreading                      the sound source characteristics,                     the seafloor surface. Thus, when impact
                                                  occurs in a perfectly unobstructed (free-               including the estimated duration of pile              driving begins only a portion of the 12-
                                                  field) environment not limited by depth                 driving, the estimated number of strikes              foot H pile would be exposed in the
                                                  or water surface, resulting in a 6 dB                   per pile (for the impact hammer                       water column and most of the length of
                                                  reduction in sound level for each                       method); and the maximum number of                    pile within the water column will be
                                                  doubling of distance from the source                    piles to be driven in a day. The                      steel pipe pile. As pile driving
                                                  (20*log[range]). Cylindrical spreading                  estimated source level, duration of pile              progresses, the H-pile portion of the
                                                  occurs in an environment in which                       driving for each pile, the number of                  fender pile will continue to enter the
                                                  sound propagation is bounded by the                     strikes per pile (for impact driving), and            seabed, and the proportion of H-pile to
                                                  water surface and sea bottom, resulting                 the number of piles per day for each pile             steel pipe exposed to the water column
                                                  in a reduction of 3 dB in sound level for               driving method, as listed in Table 1. As              will decrease until the H-pile is entirely
                                                  each doubling of distance from the                      noted in Table 1, each pile will require              buried or until pile driving is suspended
                                                  source (10*log[range]). A practical                     approximately 25 minutes of vibratory                 at a minimum depth of 6 feet.
                                                  spreading value of 15 is often used                     driving, and up to 6 piles could be                   Consequently, the sound level for the
                                                  under conditions, such as at the Biorka                 installed by this method in a single day.             composite pile is anticipated to be
                                                  Island dock, where water increases with                 During this time the sound levels above               greater than the Caltrans reference
                                                  depth as the receiver moves away from                   and below water will be in excess of                  sound level for 16-inch steel pipe (158
                                                  the shoreline, resulting in an expected                 normal pier operations. In the unlikely               dB), and less than the Caltrans reference
                                                  propagation environment that would lie                  event that an impact hammer is used,                  sound level for 14-inch steel H-pile (177
                                                  between spherical and cylindrical                       installation of a single pile will require            dB).
                                                  spreading loss conditions. Practical                    an estimated 400 hammer strikes over                     Based on these factors, the reference
                                                  spreading loss (4.5 dB reduction in                     15 minutes, and up to 6 piles could be                sound level from composite pile was
                                                  sound level for each doubling of                        installed by this method in a single day.             based on 16-inch steel pipe pile, with an
                                                  distance) is assumed here.                                 Venoco used the Caltrans (2015)                    upward adjustment of 6 dB (to 164 dB).
                                                     Underwater Sound—The intensity of                    guidelines for selection of an                        This 6 dB adjustment is divided into
                                                  pile driving sounds is greatly influenced               appropriate pile driving sound source                 two parts: 3 dB (one doubling)
                                                  by factors such as the type of piles,                   level for a composite 50-foot, 16-inch                adjustment for the H-pile itself (i.e., the
mstockstill on DSK30JT082PROD with NOTICES




                                                  hammers, and the physical environment                   pipe/12-foot,14-inch H-pile                           portion of H-pile being driven by impact
                                                  in which the activity takes place. A                    configuration, for both vibratory and                 hammer); and 3 dB (a second doubling)
                                                  number of studies, primarily on the                     impact driving methods, taking into                   adjustment for the H-pile that is acting
                                                  west coast, have measured sound                         consideration that only the H-pile                    as a foundation, and thus providing
                                                  produced during underwater pile                         segment of the pile (the bottom portion)              some resistance to the pipe pile while
                                                  driving projects. These data are largely                will be driven below the mudline, thus                it is being driven by impact hammer.
                                                  for impact driving of steel pipe piles                  the predominant underwater noise                      This sound level, which represents two


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                                                     42321

                                                  doublings of the reference sound level                                    For the vibratory driving method, the                                     specific vibratory reference sound levels
                                                  of the 16-inch steel pipe, is considered                                average sound pressure level measured                                       for the 14-inch H-pile. Therefore, it was
                                                  sufficiently conservative to account for                                in dB is based on the 12-inch H-pile                                        assumed that doubling the reference
                                                  the H-pile portion of the fender pile that                              sound levels (Caltrans 2015, Table I.2–                                     sound level for 12-inch H-pile plus 1 dB
                                                  would be exposed in the water column                                    2), adjusted upward by 4 dB for                                             [i.e., a 4 dB increase], would provide a
                                                  and serving as a foundation to the pipe                                 composite 16-inch pipe/14-inch H-pile                                       sufficiently conservative assumption for
                                                  pile during impact driving.                                             design. Caltrans data do not include                                        a 14-inch H-pile.

                                                                                                            TABLE 5—NMFS OPTION USER SPREADSHEET INPUTS
                                                                                                                                           User spreadsheet input

                                                                                                                                              Impact driver                                                                            Vibratory driver

                                                  Spreadsheet Tab Used ...............................................             (E.1) Impact piledriving .....                Spreadsheet Tab Used .....                     (A) Non-impulsive, contin-
                                                                                                                                                                                                                                  uous.
                                                  Source Level (Single Strike/shot SEL) .......................                    197.8 ..................................      Source Level (RMS SPL) ..                      154.
                                                  Weighting Factor Adjustment (kHz) ............................                   2 .........................................   Weighting Factor Adjust-                       2.5.
                                                                                                                                                                                   ment (kHz).
                                                  (a) Number of strikes per pile .....................................             400 .....................................     Activity duration within 24                    2.5.
                                                                                                                                                                                   hours (hrs).
                                                  (a) Number of piles per day ........................................             6.
                                                  Propagation (xLogR) ...................................................          15 .......................................    Propagation (xLogR) .........                  15.
                                                  Distance of source level measurement (meters) + ......                           10 .......................................    ............................................   10.
                                                     + Unless     otherwise specified, source levels are referenced 1 m from the source.


                                                  Level A Isopleths                                                       predict takes. We note that because of                                      will qualitatively address the output
                                                                                                                          some of the assumptions included in the                                     where appropriate. For stationary
                                                    When NMFS Technical Guidance                                          methods used for these tools, we                                            sources, NMFS Optional User
                                                  (2016) was published, in recognition of                                 anticipate that isopleths produced are                                      Spreadsheet predicts the closest
                                                  the fact that ensonified area/volume                                    typically going to be overestimates of                                      distance at which, if a marine mammal
                                                  could be more technically challenging                                   some degree, which will result in some                                      remained at that distance the whole
                                                  to predict because of the duration                                      degree of overestimate of Level A take.                                     duration of the activity, it would not
                                                  component in the new thresholds, we                                     However, these tools offer the best way                                     incur PTS. Inputs used in the User
                                                  developed an Optional User                                              to predict appropriate isopleths when                                       Spreadsheet, and the resulting isopleths
                                                  Spreadsheet that includes tools to help                                 more sophisticated 3D modeling                                              are reported below. The inputs Venoco
                                                  predict a simple isopleth that can be                                   methods are not available, and NMFS
                                                                                                                                                                                                      used to obtain the isopleths discussed
                                                  used in conjunction with marine                                         continues to develop ways to
                                                                                                                                                                                                      below are summarized in Table 5 above.
                                                  mammal density or occurrence to help                                    quantitatively refine these tools, and

                                                           TABLE 6—EXPECTED DISTANCES OF LEVEL A THRESHOLD EXCEEDANCE WITH IMPACT AND VIBRATORY DRIVER
                                                                                                                                           User spreadsheet output

                                                                                                                                                  PTS isopleth
                                                                                                                                                    (meters)

                                                                                                                                                  Low-                       Mid-                       High-                    Phocid            Otariid
                                                                                    Source type                                                frequency                  frequency                  frequency                  pinnipeds        pinnipeds
                                                                                                                                               cetaceans                  cetaceans                  cetaceans

                                                  Impact driving .......................................................................                    96.9                        3.4                     115.4                   51.8                 3.8
                                                  Vibratory driving ...................................................................                      4.3                        0.4                       6.4                    2.6                 0.2



                                                  Level B Isopleths                                                          TABLE 7—EXPECTED DISTANCES OF or group dynamics of marine mammals
                                                                                                                             LEVEL B THRESHOLD EXCEEDANCE that will inform the take calculations.
                                                     Using the same source level and
                                                  transmission loss inputs discussed in
                                                                                                                             WITH IMPACT AND VIBRATORY DRIV- At-sea densities for marine mammal
                                                  the Level A isopleths section above, the                                    ER                                                                      species have not been determined for
                                                  Level B distance was calculated for both                                                                                                            marine mammals in the coastal
                                                                                                                                           Level B isopleth (meters)                                  Carpinteria area; therefore, all estimates
                                                  impact and vibratory driving, assuming
                                                                                                                                                                                                      here are determined by using
                                                  practical spreading. For vibratory                                           Source type                   160 dB                120 dB
                                                                                                                                                            (impact)             (vibratory)          observational data from biologists, peer-
mstockstill on DSK30JT082PROD with NOTICES




                                                  driving, the Level B isopleth extends out
                                                                                                                                                                                                      reviewed literature, and information
                                                  to 1,848 meters (1.15 miles; 6,063 feet)                                Impact driving .......                      74                   N/A        obtained from personal communication
                                                  from the pile driving site. For impact                                  Vibratory driving ....                     N/A                 1,848        with other companies that have
                                                  driving, the Level B isopleth extends out
                                                                                                                                                                                                      conducted activities on or near the
                                                  to 34 meters (112 feet) from the pile                                   Marine Mammal Occurrence                                                    Carpinteria beach area. Additionally,
                                                  driving site.
                                                                                                                            In this section we provide the                                            some harbor seal information was
                                                                                                                          information about the presence, density,                                    collected by the Carpinteria Seal Watch.


                                             VerDate Sep<11>2014        17:42 Sep 06, 2017        Jkt 241001      PO 00000       Frm 00053       Fmt 4703       Sfmt 4703        E:\FR\FM\07SEN1.SGM              07SEN1


                                                  42322                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  Take Calculation and Estimation                         each year, such data are virtually absent.            average group size) may be taken by
                                                     Here we describe how the information                 The project is scheduled to begin in the              Level B harassment in a day. Over two
                                                  provided above is brought together to                   fall, when the seals have largely                     and a half days of activity, that results
                                                  produce a quantitative take estimate.                   abandoned the beach because it is open                in a total of 40 bottlenose dolphins
                                                     Level A take is not expected or                      to the public and disturbances are                    taken during the project as it is not
                                                  proposed to be authorized for this                      chronic. The seals switch to a nighttime              known if any of the animals sighted
                                                  activity. Of the two types of pile driving,             haul-out pattern during this period,                  would be repeated individuals.
                                                  the largest Level A isopleth is from                    hauling out after sundown and before
                                                                                                          dawn, unless the tide is very high                    Proposed Mitigation
                                                  impact driving at 51.8 meters for harbor
                                                  seals, 3.8 meters for California sea lion,              (Seagars 1988). In such cases, the
                                                                                                                                                                   In order to issue an IHA under
                                                  and 3.45 meters for bottlenose dolphins.                amount of haul-out area is very
                                                                                                                                                                Section 101(a)(5)(D) of the MMPA,
                                                  Neither bottlenose dolphins nor                         restricted and the seals are largely
                                                                                                                                                                NMFS must set forth the permissible
                                                  California sea lions are resident to this               absent during this season. Reliable
                                                                                                          density data are not available from                   methods of taking pursuant to such
                                                  area and are not expected to remain in                                                                        activity, and other means of effecting
                                                  water near the beach for an extended                    which to calculate the expected number
                                                                                                          of harbor seals within the Level B                    the least practicable impact on such
                                                  duration of time. At 15 minutes per pile,                                                                     species or stock and its habitat, paying
                                                  this is equal to 90 minutes per day;                    harassment zone from vibratory pile
                                                                                                          driving. Based on review of the                       particular attention to rookeries, mating
                                                  however, those 90 minutes would be                                                                            grounds, and areas of similar
                                                                                                          available observational data, similar
                                                  spread out over multiple hours to                                                                             significance, and on the availability of
                                                                                                          past experience in the project vicinity,
                                                  account for equipment re-sets, breaks,                                                                        such species or stock for taking for
                                                                                                          and project timing (fall season, daytime
                                                  etc. Because dolphin and sea lion are                                                                         certain subsistence uses (latter not
                                                                                                          hours), an estimated range of 0 to 50
                                                  not resident and not known to linger in                                                                       applicable for this action). NMFS
                                                                                                          harbor seals is anticipated to be present
                                                  the area, full exposure to all impact pile                                                                    regulations require applicants for
                                                                                                          within the project vicinity during work
                                                  driving within a day is highly unlikely.                                                                      incidental take authorizations to include
                                                                                                          periods. Therefore, it is estimated that
                                                  It is even more unlikely that these                                                                           information about the availability and
                                                                                                          up to 50 seals may be taken per day by
                                                  species would remain within 4 meters                                                                          feasibility (economic and technological)
                                                                                                          Level B harassment. Over two and a half
                                                  of the sound source for a continuous                    days of activity, that results in a total of          of equipment, methods, and manner of
                                                  period of two and a half hours in a day.                125 instances of harbor seal takes during             conducting such activity or other means
                                                  Harbor seals are resident to the area and               the project.                                          of effecting the least practicable adverse
                                                  the beach at the base of the pier is a                                                                        impact upon the affected species or
                                                  frequently used haulout. However, it is                 California Sea Lion                                   stocks and their habitat (50 CFR
                                                  unlikely a harbor seal would remain in                     California sea lions are abundant                  216.104(a)(11)).
                                                  water during the total time of                          throughout the SCB but do not regularly
                                                  construction within a day, as they likely                                                                        In evaluating how mitigation may or
                                                                                                          use Carpinteria as a haulout in large
                                                  will be transiting out from the beach to                                                                      may not be appropriate to ensure the
                                                                                                          numbers. Individuals are usually
                                                  forage and then returning to the beach.                                                                       least practicable adverse impact on
                                                                                                          observed hauled out on offshore
                                                  Therefore, it is estimated that no marine                                                                     species or stocks and their habitat, as
                                                                                                          structures approximately 0.75 miles
                                                  mammal of the three species most likely                                                                       well as subsistence uses where
                                                                                                          southeast of the pier. Reliable density
                                                  to occur would remain in close enough                                                                         applicable, we carefully consider two
                                                                                                          data are not available from which to
                                                  proximity for the duration of daily                     calculate the expected number of sea                  primary factors:
                                                  construction to be exposed to                           lions within the Level B harassment                      (1) The manner in which, and the
                                                  accumulated energy levels reaching the                  impact zone for vibratory pile. Based on              degree to which, the successful
                                                  onset of PTS. Hence no Level A take is                  the available observational data and                  implementation of the measure(s) is
                                                  proposed to be authorized.                              project timing (fall season), an estimated            expected to reduce impacts to marine
                                                     Because of the lack of at-sea density                range of zero to 15 sea lions is                      mammals, marine mammal species or
                                                  information in the region of the project,               anticipated to be present within the                  stocks, and their habitat. This considers
                                                  estimated marine mammal takes were                      project vicinity during work periods.                 the nature of the potential adverse
                                                  calculated using the following formula:                 Therefore it is estimated that up to 15               impact being mitigated (likelihood,
                                                  Level B exposure estimate = N (number                   California sea lions may be taken per                 scope, range). It further considers the
                                                        of animals) in the ensonified area *              day by Level B harassment in a day.                   likelihood that the measure will be
                                                        Number of days of noise generating                Over two and a half days of activity, that            effective if implemented (probability of
                                                        activities.                                       results in a total of 38 California sea               accomplishing the mitigating result if
                                                                                                          lions taken during the project as it is not           implemented as planned) the likelihood
                                                  Harbor Seal
                                                                                                          known if the California sea lions that                of effective implementation (probability
                                                     Harbor seals are the most abundant                   come to the beach are the same                        implemented as planned). and;
                                                  species found at the project site. This                 individuals.
                                                  beach is a known rookery for the local                                                                           (2) the practicability of the measures
                                                  population, although work will be                       Bottlenose Dolphin                                    for applicant implementation, which
                                                  conducted outside of the pupping                           Bottlenose dolphins may occur                      may consider such things as cost,
                                                  season. Although a wealth of data exists                sporadically near the project area, but               impact on operations, and, in the case
                                                  from the Carpinteria Seal Watch, these                  never in large numbers. Past projects                 of a military readiness activity,
mstockstill on DSK30JT082PROD with NOTICES




                                                  data are sometimes incomplete and data                  have revealed anywhere from 2 to 32                   personnel safety, practicality of
                                                  from some periods are missing.                          animals present at any one time, with an              implementation, and impact on the
                                                  Moreover, these data were gathered                      average pod size of 8 (MMCG 1995;                     effectiveness of the military readiness
                                                  during the period the Carpinteria Seal                  1998a, b, d, and e; 2001a and b; 2006;                activity.
                                                  Watch does its monitoring (about                        2011c, 2013b, and 2014b). Therefore, it                  The following measures would apply
                                                  January 1 through May 30 of each year).                 is estimated that no more than 16                     to Venoco’s mitigation through
                                                  From June 1 through December 30 of                      coastal bottlenose dolphins (two pods of              shutdown and disturbance zones:


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                             42323

                                                  Shutdown Zone                                           the basis of predicted distances to                   driving will not commence or proceed
                                                    For all pile driving activities, Venoco               relevant thresholds in post-processing of             if it is underway.
                                                  will establish a shutdown zone intended                 observational and acoustic data, and a                   If a marine mammal approaches or
                                                  to contain the area in which SELs equal                 precise accounting of observed                        enters the shutdown zone during the
                                                  or exceed the auditory injury criteria for              incidences of harassment created. This                course of pile driving operations,
                                                  cetaceans and pinnipeds. The purpose                    information may then be used to                       activity will be halted and delayed until
                                                  of a shutdown zone is to define an area                 extrapolate observed takes in the                     either the animal has voluntarily left
                                                  within which shutdown of activity                       observable zone multiplied by the                     and been visually confirmed beyond the
                                                  would occur upon sighting of a marine                   porton of the zone that is unseen to                  shutdown zone or 15 minutes have
                                                  mammal (or in anticipation of an animal                 reach an approximate understanding of                 passed without re-detection.
                                                  entering the defined area), thus further                predicted total takes (Area seen/area                    If a species for which authorization
                                                  preventing injury of marine mammals                     unseen = takes observed/takes                         has not been granted, or if a species for
                                                  (as described previously under Potential                unobserved).                                          which authorization has been granted
                                                  Effects of the Specified Activity on                       Based on our evaluation of the                     but the authorized takes are met,
                                                  Marine Mammals, serious injury or                       applicant’s proposed measures, NMFS                   approaches or is observed within the
                                                  death are unlikely outcomes even in the                 has preliminarily determined that the                 Level B harassment zone, activities will
                                                  absence of mitigation measures). Venoco                 proposed mitigation measures provide                  shut down immediately and not restart
                                                  proposes a shutdown zone for the                        the means effecting the least practicable             until the animals have been confirmed
                                                  largest Level A isopleth, which is the                  impact on the affected species or stocks              to have left the area for 15 minutes. If
                                                  phocid Level A isopleth of 51.8 meters.                 and their habitat, paying particular                  pile driving has ceased for more than 30
                                                                                                          attention to rookeries, mating grounds,               minutes, the 30 minute pre- pile driving
                                                  Disturbance Zone                                        and areas of similar significance.                    monitoring will begin.
                                                     Disturbance zones are the areas in                   Monitoring Protocols                                  Soft Start
                                                  which SPLs equal or exceed 160 and
                                                  120 dB rms (for impact and vibratory                       Monitoring would be conducted                         The use of a soft start procedure
                                                  pile driving, respectively). Disturbance                before, during, and after pile driving                provides additional protection to marine
                                                  zones provide utility for monitoring                    activities. Observers shall record all                mammals by warning or providing a
                                                  conducted for mitigation purposes (i.e.,                instances of marine mammal                            chance to leave the area prior to the
                                                  shutdown zone monitoring) by                            occurrence, regardless of distance from               hammer operating at full capacity, and
                                                  establishing monitoring protocols for                   activity, and shall document any                      typically involves a requirement to
                                                  areas adjacent to the shutdown zones                    apparent behavioral reactions in concert              initiate sound from the hammer at
                                                  and identifying amount of take.                         with distance from piles being driven.                reduced energy followed by a waiting
                                                  Monitoring of disturbance zones enables                 Observations made outside the                         period. This procedure is repeated two
                                                  observers to be aware of and                            shutdown zone will not result in                      additional times. It is difficult to specify
                                                  communicate the presence of marine                      shutdown; that pile segment would be                  the reduction in energy for any given
                                                  mammals in the project area but outside                 completed without cessation, unless the               hammer because of variation across
                                                  the shutdown zone and thus prepare for                  animal approaches or enters the                       drivers and, for impact hammers, the
                                                  potential shutdowns of activity.                        shutdown zone, at which point all pile                actual number of strikes at reduced
                                                  However, the primary purpose of                         driving activities would be halted.                   energy will vary because operating the
                                                  disturbance zone monitoring is for                      Monitoring will take place from 15                    hammer at less than full power results
                                                  documenting instances of Level B                        minutes prior to initiation through 30                in ‘‘bouncing’’ of the hammer as it
                                                  harassment; disturbance zone                            minutes post-completion of pile driving               strikes the pile, resulting in multiple
                                                  monitoring is discussed in greater detail               activities. Pile driving activities include           ‘‘strikes.’’ For impact driving, we
                                                  later (see Proposed Monitoring and                      the time to install a single pile or series           require an initial set of three strikes
                                                  Reporting). Nominal radial distances for                of piles, as long as the time elapsed                 from the impact hammer at reduced
                                                  disturbance zones are shown in Table 7.                 between uses of the pile driving                      energy, followed by a 30-second waiting
                                                     Given the size of the disturbance zone               equipment is no more than 30 minutes.                 period, then 2 subsequent 3 strike sets.
                                                  for vibratory pile driving, it is                       If pile driving ceases for more than 30               Soft start will be required at the
                                                  impossible to guarantee that all animals                minutes, the 30 minute pre-pile driving               beginning of each day’s impact pile
                                                  would be observed or to make                            monitoring effort will take place prior to            driving work and at any time following
                                                  comprehensive observations of fine-                     onset of pile driving.                                a cessation of impact pile driving of 30
                                                  scale behavioral reactions to sound, and                   Prior to the start of pile driving                 minutes or longer.
                                                  only a portion of the zone (e.g., what                  activity, the shutdown zone will be                   Timing Restrictions
                                                  may be reasonably observed by visual                    monitored for 30 minutes to ensure that
                                                  observers stationed on the pier and bluff               it is clear of marine mammals. Pile                     Venoco will only conduct
                                                  above the beach) would be observed. In                  driving will only commence once                       construction activities during daytime
                                                  order to document observed instances of                 observers have declared the shutdown                  hours. Construction will also be
                                                  harassment, monitors record all marine                  zone clear of marine mammals. If the                  restricted to the fall and late summer
                                                  mammal observations, regardless of                      shutdown zone is not clear of marine                  months (July through November) to
                                                  location. The observer’s location, as                   mammals, pile driving will not                        avoid overlap with harbor seal pupping.
                                                  well as the location of the pile being                  commence until the shut-down zone is                    Based on our evaluation of the
mstockstill on DSK30JT082PROD with NOTICES




                                                  driven, is known from a GPS. The                        clear. Any animals in the shut down                   Venoco’s proposed measures, NMFS has
                                                  location of the animal is estimated as a                zone prior to commencement of pile                    preliminarily determined that the
                                                  distance from the observer, which is                    driving will be allowed to remain in the              proposed mitigation measures provide
                                                  then compared to the location from the                  shutdown zone and their behavior will                 the means of effecting the least
                                                  pile. It may then be estimated whether                  be monitored and documented. If the                   practicable impact on marine mammal
                                                  the animal was exposed to sound levels                  51.84 m shutdown zone is not entirely                 species or stocks and their habitat,
                                                  constituting incidental harassment on                   visible (e.g., due to dark, fog, etc.), pile          paying particular attention to rookeries,


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42324                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  mating grounds, and areas of similar                    activity. All marine mammal observers                   • Distance from pile driving activities
                                                  significance.                                           (MMOs) will be trained in marine                      to marine mammals and distance from
                                                                                                          mammal identification and behaviors                   the marine mammals to the observation
                                                  Proposed Monitoring and Reporting
                                                                                                          and are required to have no other                     point;
                                                     In order to issue an IHA for an                      construction-related tasks while                        • Description of implementation of
                                                  activity, Section 101(a)(5)(D) of the                   conducting monitoring. A minimum of                   mitigation measures (e.g., shutdown or
                                                  MMPA states that NMFS must set forth,                   two MMOs will be required for all pile                delay);
                                                  requirements pertaining to the                          driving activities. Venoco will monitor                 • Locations of all marine mammal
                                                  monitoring and reporting of such taking.                the shutdown zone and disturbance                     observations; and
                                                  The MMPA implementing regulations at                    zone before, during, and after pile                     • Other human activity in the area.
                                                  50 CFR 216.104(a)(13) indicate that                     driving, with observers located at the                Reporting
                                                  requests for authorizations must include                best practicable vantage points. Based
                                                  the suggested means of accomplishing                                                                             A draft report would be submitted to
                                                                                                          on our requirements, Venoco would
                                                  the necessary monitoring and reporting                                                                        NMFS within 90 days of the completion
                                                                                                          implement the following procedures for
                                                  that will result in increased knowledge                                                                       of marine mammal monitoring, or 60
                                                                                                          pile driving:
                                                                                                                                                                days prior to the requested date of
                                                  of the species and of the level of taking                 • MMOs would be located at the best                 issuance of any future IHA for projects
                                                  or impacts on populations of marine                     vantage point(s) in order to properly see
                                                  mammals that are expected to be                                                                               at the same location, whichever comes
                                                                                                          the entire shutdown zone and as much                  first. The report will include marine
                                                  present in the proposed action area.                    of the disturbance zone as possible;                  mammal observations pre-activity,
                                                  Effective reporting is critical both to                   • During all observation periods,                   during-activity, and post-activity during
                                                  compliance as well as ensuring that the                 observers will use binoculars and the
                                                  most value is obtained from the required                                                                      pile driving days, and will also provide
                                                                                                          naked eye to search continuously for                  descriptions of any behavioral responses
                                                  monitoring.                                             marine mammals;
                                                     Monitoring and reporting                                                                                   to construction activities by marine
                                                                                                            • If the shutdown zones are obscured                mammals and a complete description of
                                                  requirements prescribed by NMFS                         by fog or poor lighting conditions, pile
                                                  should contribute to improved                                                                                 all mitigation shutdowns and the results
                                                                                                          driving at that location will not be                  of those actions and an extrapolated
                                                  understanding of one or more of the                     initiated until that zone is visible.
                                                  following:                                                                                                    total take estimate based on the number
                                                                                                          Should such conditions arise while                    of marine mammals observed during the
                                                     • Occurrence of marine mammal                        impact driving is underway, the activity
                                                  species or stocks in the area in which                                                                        course of construction. A final report
                                                                                                          would be halted; and                                  must be submitted within 30 days
                                                  take is anticipated (e.g., presence,                      • The shutdown zone (51.84 m) and
                                                  abundance, distribution, density).                                                                            following resolution of comments on the
                                                                                                          observable portion of the disturbance
                                                     • Nature, scope, or context of likely                                                                      draft report.
                                                                                                          zone around the pile will be monitored
                                                  marine mammal exposure to potential                                                                           Negligible Impact Analysis and
                                                                                                          for the presence of marine mammals 30
                                                  stressors/impacts (individual or                                                                              Determination
                                                                                                          min before, during, and 30 min after any
                                                  cumulative, acute or chronic), through
                                                                                                          pile driving activity.                                   NMFS has defined negligible impact
                                                  better understanding of: (1) Action or
                                                  environment (e.g., source                               Data Collection                                       as an impact resulting from the
                                                  characterization, propagation, ambient                                                                        specified activity that cannot be
                                                                                                             We require that observers use                      reasonably expected to, and is not
                                                  noise); (2) affected species (e.g., life                approved data forms. Among other
                                                  history, dive patterns); (3) co-occurrence                                                                    reasonably likely to, adversely affect the
                                                                                                          pieces of information, Venoco will                    species or stock through effects on
                                                  of marine mammal species with the                       record detailed information about any
                                                  action; or (4) biological or behavioral                                                                       annual rates of recruitment or survival
                                                                                                          implementation of shutdowns,                          (50 CFR 216.103). A negligible impact
                                                  context of exposure (e.g., age, calving or              including the distance of animals to the
                                                  feeding areas).                                                                                               finding is based on the lack of likely
                                                                                                          pile and description of specific actions              adverse effects on annual rates of
                                                     • Individual marine mammal
                                                                                                          that ensued and resulting behavior of                 recruitment or survival (i.e., population-
                                                  responses (behavioral or physiological)
                                                                                                          the animal, if any. In addition, Venoco               level effects). An estimate of the number
                                                  to acoustic stressors (acute, chronic, or
                                                                                                          will attempt to distinguish between the               of takes alone is not enough information
                                                  cumulative), other stressors, or
                                                                                                          number of individual animals taken and                on which to base an impact
                                                  cumulative impacts from multiple
                                                                                                          the number of incidences of take. We                  determination. In addition to
                                                  stressors.
                                                     • How anticipated responses to                       require that, at a minimum, the                       considering estimates of the number of
                                                  stressors impact either: (1) Long-term                  following information be collected on                 marine mammals that might be ‘‘taken’’
                                                  fitness and survival of individual                      the sighting forms:                                   through harassment, NMFS considers
                                                  marine mammals; or (2) populations,                        • Date and time that monitored                     other factors, such as the likely nature
                                                  species, or stocks.                                     activity begins or ends;                              of any responses (e.g., intensity,
                                                     • Effects on marine mammal habitat                      • Construction activities occurring                duration), the context of any responses
                                                  (e.g., marine mammal prey species,                      during each observation period;                       (e.g., critical reproductive time or
                                                  acoustic habitat, or other important                       • Weather parameters (e.g., percent                location, migration), as well as effects
                                                  physical components of marine                           cover, visibility);                                   on habitat, and the likely effectiveness
                                                  mammal habitat).                                           • Water conditions (e.g., sea state,               of the mitigation. We also assess the
                                                     • Mitigation and monitoring                          tide state);                                          number, intensity, and context of
mstockstill on DSK30JT082PROD with NOTICES




                                                  effectiveness.                                             • Species, numbers, and, if possible,              estimated takes by evaluating this
                                                                                                          sex and age class of marine mammals;                  information relative to population
                                                  Visual Marine Mammal Observations                          • Description of any observable                    status. Consistent with the 1989
                                                    Venoco will collect sighting data and                 marine mammal behavior patterns,                      preamble for NMFS’s implementing
                                                  behavioral responses to construction for                including bearing and direction of                    regulations (54 FR 40338; September 29,
                                                  marine mammal species observed in the                   travel, and if possible, the correlation to           1989), the impacts from other past and
                                                  region of activity during the period of                 SPLs;                                                 ongoing anthropogenic activities are


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                           42325

                                                  incorporated into this analysis via their               known to be a rookery for harbor seals,                 • Mitigation is expected to minimize
                                                  impacts on the environmental baseline                   the work will be conducted in a season                the likelihood and severity of the level
                                                  (e.g., as reflected in the regulatory status            when few harbor seals are known to be                 of harassment; and
                                                  of the species, population size and                     present and no breeding activities occur.               • The small percentage of the stock
                                                  growth rate where known, ongoing                           The project also is not expected to
                                                                                                                                                                that may be affected by project activities
                                                  sources of human-caused mortality, or                   have significant adverse effects on
                                                                                                                                                                (<9 percent for all stocks).
                                                  ambient noise levels).                                  affected marine mammals’ habitat. The
                                                     Pile driving activities associated from              project activities would not modify                     Based on the analysis contained
                                                  the Casitas Pier project, as outlined                   existing marine mammal habitat for a                  herein of the likely effects of the
                                                  previously, have the potential to disturb               significant amount of time. The                       specified activity on marine mammals
                                                  or displace marine mammals.                             activities may cause some fish to leave               and their habitat, and taking into
                                                  Specifically, the specified activities may              the area of disturbance, thus temporarily             consideration the implementation of the
                                                  result in take, in the form of Level B                  impacting marine mammals’ foraging                    proposed monitoring and mitigation
                                                  harassment (behavioral disturbance),                    opportunities in a limited portion of the             measures, NMFS preliminarily finds
                                                  from underwater sounds generated from                   foraging range. However, because of the               that the total marine mammal take from
                                                  pile driving. Potential takes could occur               short duration of the activities and the              the proposed activity will have a
                                                  if individuals of these species are                     relatively small area of the habitat that             negligible impact on all affected marine
                                                  present in the ensonified zone when                     may be affected, and the decreased                    mammal species or stocks.
                                                  pile driving occurs.                                    potential of prey species to be in the
                                                     No serious injury or mortality is                                                                          Small Numbers
                                                                                                          Project area during the construction
                                                  anticipated given the nature of the                     work window, the impacts to marine                       As noted above, only small numbers
                                                  activities and measures designed to                     mammal habitat are not expected to                    of incidental take may be authorized
                                                  minimize the possibility of injury to                   cause significant or long-term negative               under Section 101(a)(5)(D) of the MMPA
                                                  marine mammals. The potential for                       consequences.                                         for specified activities other than
                                                  these outcomes is minimized through                        Effects on individuals that are taken              military readiness activities. The MMPA
                                                  the construction method and the                         by Level B harassment, on the basis of                does not define small numbers and so,
                                                  implementation of the planned                           reports in the literature as well as                  in practice, where estimated numbers
                                                  mitigation measures. Specifically,                      monitoring from other similar activities,             are available, NMFS compares the
                                                  vibratory and impact hammers and                        will likely be limited to temporary                   number of individuals taken to the most
                                                  drilling will be the primary methods of                 reactions such as increased swimming                  appropriate estimation of abundance of
                                                  installation. Impact pile driving                       speeds, increased surfacing time,                     the relevant species or stock in our
                                                  produces short, sharp pulses with                       flushing, or decreased foraging (if such              determination of whether an
                                                  higher peak levels and much sharper                     activity were occurring) (e.g., Thorson               authorization is limited to small
                                                  rise time to reach those peaks. If impact               and Reyff 2006; Lerma 2014). Most                     numbers of marine mammals.
                                                  driving is necessary, implementation of                 likely, individuals will simply move                  Additionally, other qualitative factors
                                                  soft start and shutdown zones                           away from the sound source and be                     may be considered in the analysis, such
                                                  significantly reduces any possibility of                temporarily displaced from the areas of               as the temporal or spatial scale of the
                                                  injury. Given sufficient ‘‘notice’’                     pile driving and drilling, although even              activities.
                                                  through use of soft start (for impact                   this reaction has been observed
                                                  driving), marine mammals are expected                   primarily only in association with                       Table 8 details the number of
                                                  to move away from a sound source that                   impact pile driving. Thus, even repeated              instances (harbor seals) or individuals
                                                  is annoying prior to it becoming                        Level B harassment of some small                      (California sea lions and bottlenose
                                                  potentially injurious. Venoco will use a                subset of the overall stock is unlikely to            dolphins) that animals could be exposed
                                                  minimum of two MMOs stationed                           result in any significant realized                    to received noise levels that could cause
                                                  strategically to increase detectability of              decrease in fitness for the affected                  Level B harassment for the proposed
                                                  marine mammals, enabling a high rate                    individuals, and thus would not result                work at the project site relative to the
                                                  of success in implementation of                         in any adverse impact to the stock as a               total stock abundance. The numbers of
                                                  shutdowns to avoid injury.                              whole.                                                animals authorized to be taken for all
                                                     Venoco’s proposed activities are                        In summary and as described above,                 species would be considered small
                                                  localized and of relatively short                       the following factors primarily support               relative to the relevant stocks or
                                                  duration (two and a half days of pile                   our preliminary determination that the                populations even if each estimated
                                                  driving 16 piles). The project area is also             impacts resulting from this activity are              instance of take occurred to a new
                                                  very limited in scope spatially, as all                 not expected to adversely affect the                  individual. The total percent of the
                                                  work is concentrated on a single pier.                  species or stock through effects on                   population (if each instance was a
                                                  These localized and short-term noise                    annual rates of recruitment or survival:              separate individual) for which take is
                                                  exposures may cause short-term                             • No mortality is anticipated or                   requested is less than nine percent for
                                                  behavioral modifications in harbor                      authorized;                                           all stocks (Table 8). Based on the
                                                  seals, California sea lions, and killer                    • Level B harassment may consist of,               analysis contained herein of the
                                                  whales. Moreover, the proposed                          at worst, temporary modifications in                  proposed activity (including the
                                                  mitigation and monitoring measures are                  behavior (e.g. temporary avoidance of                 proposed mitigation and monitoring
                                                  expected to further reduce the                          habitat or changes in behavior);                      measures) and the anticipated take of
                                                  likelihood of injury, as it is unlikely an                 • The lack of important feeding,                   marine mammals, NMFS preliminarily
mstockstill on DSK30JT082PROD with NOTICES




                                                  animal would remain in close proximity                  pupping, or other areas in the action                 finds that small numbers of marine
                                                  to the sound source with small Level A                  area during the construction window;                  mammals will be taken relative to the
                                                  isoplths, as well as reduce behavioral                     • The small impact area relative to                population size of the affected species
                                                  disturbances. While the project area is                 species range size                                    or stocks.




                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42326                              Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                         TABLE 8—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL B HARASSMENT
                                                                                                                                                                                                  Proposed          Stock(s)     Percentage of
                                                                                                                 Species                                                                         authorized       abundance       total stock
                                                                                                                                                                                                Level B takes      estimate 1      (percent)

                                                  Harbor Seal (Phoca vitulina) Alaska stock ..................................................................................                            125          30,968              .40
                                                  California sea lion (Eumatopias jubatus) U.S. Stock ..................................................................                                   38         296,750             .013
                                                  Bottlenose dolphin (Tursiops truncatus) California-Oregon-Washington Stock California
                                                    Coastal Stock ...........................................................................................................................              40            1,924             2.1
                                                                                                                                                                                                                           453            8.83
                                                     1 All   stock abundance estimates presented here are from the 2016 Pacific and Alaska Stock Assessment Report.


                                                  Unmitigable Adverse Impact Analysis                                      Casitas Pier Fender Pile Replacement in              being driven, as well as behavior and
                                                  and Determination                                                        Carpinteria, California.                             potential behavioral reactions of the
                                                                                                                             3. General Conditions.                             animals.
                                                     There are no relevant subsistence uses                                  (a) A copy of this IHA must be in the                 iii. All observers shall be equipped for
                                                  of the affected marine mammal stocks or                                  possession of Venoco, its designees, and             communication of marine mammal
                                                  species implicated by this action.                                       work crew personnel operating under                  observations amongst themselves and to
                                                  Therefore, NMFS has preliminarily                                        the authority of this IHA.                           other relevant personnel (e.g., those
                                                  determined that the total taking of                                        (b) The species authorized for taking              necessary to effect activity delay or
                                                  affected species or stocks would not                                     are summarized in Table 9.                           shutdown).
                                                  have an unmitigable adverse impact on                                      (c) The taking, by Level B harassment                 (d) Monitoring shall take place from
                                                  the availability of such species or stocks                               only, is limited to the species listed in            30 minutes prior to initiation of pile
                                                  for taking for subsistence purposes.                                     condition 3(b). See Table 9 for numbers              driving activity through 30 minutes
                                                  Endangered Species Act (ESA)                                             of take authorized.                                  post-completion of pile driving activity.
                                                                                                                                                                                In the event of a delay or shutdown of
                                                     Section 7(a)(2) of the Endangered                                            TABLE 9—AUTHORIZED TAKE                       activity resulting from marine mammals
                                                  Species Act of 1973 (ESA: 16 U.S.C.                                                           NUMBERS                         in the shutdown zone, animals shall be
                                                  1531 et seq.) requires that each Federal                                                                                      allowed to remain in the shutdown zone
                                                  agency insure that any action it                                                    Species                       Level B     (i.e., must leave of their own volition)
                                                  authorizes, funds, or carries out is not                                                                                      and their behavior shall be monitored
                                                  likely to jeopardize the continued                                       Harbor seal ...........................          125
                                                                                                                                                                                and documented. Monitoring shall
                                                  existence of any endangered or                                           California sea lion .................             38
                                                  threatened species or result in the                                      Killer whale ...........................          40 occur throughout the time required to
                                                                                                                                                                                drive a pile. The shutdown zone must
                                                  destruction or adverse modification of                                                                                        be determined to be clear during periods
                                                  designated critical habitat. To ensure                                      (d) The taking by injury (Level A
                                                                                                                           harassment), serious injury, or death of             of good visibility (i.e., the entire
                                                  ESA compliance for the issuance of                                                                                            shutdown zone and surrounding waters
                                                  IHAs, NMFS consults internally, in this                                  the species listed in condition 3(b) of
                                                                                                                           the Authorization or any taking of any               must be visible to the naked eye).
                                                  case with West Coast Regional Office,                                                                                            (e) If a marine mammal approaches or
                                                  whenever we propose to authorize take                                    other species of marine mammal is
                                                                                                                           prohibited and may result in the                     enters the 51m shutdown zone, all pile
                                                  for endangered or threatened species.
                                                                                                                           modification, suspension, or revocation driving activities at that location shall
                                                     No incidental take of ESA-listed
                                                                                                                           of this IHA, unless authorization of take be halted. If pile driving is halted or
                                                  species is proposed for authorization or                                                                                      delayed due to the presence of a marine
                                                                                                                           by Level A harassment is listed in
                                                  expected to result from this activity.                                                                                        mammal, the activity may not
                                                                                                                           condition 3(b) of this Authorization.
                                                  Therefore, NMFS has determined that                                                                                           commence or resume until either the
                                                                                                                              4. Mitigation Measures.
                                                  formal consultation under section 7 of                                      The holder of this Authorization is               animal has voluntarily left and been
                                                  the ESA is not required for this action.                                 required to implement the following                  visually confirmed beyond the
                                                  Proposed Authorization                                                   mitigation measures.                                 shutdown zone or fifteen minutes have
                                                                                                                              (a) For all pile driving, Venoco shall            passed without re-detection of small
                                                     As a result of these preliminary                                      implement a minimum shutdown zone                    cetaceans and pinnipeds.
                                                  determinations, NMFS proposes to issue                                   of 51 m radius around the pile. If a                    (f) Using delay and shut-down
                                                  an IHA to Venoco LLC for conducting                                      marine mammal comes within or                        procedures, if a species for which
                                                  fender pile replacement at Casitas Pier                                  approaches the shutdown zone, such                   authorization has not been granted or if
                                                  from October 1, 2017 to September 30,                                    operations shall cease.                              a species for which authorization has
                                                  2018, provided the previously                                               (b) Venoco shall establish monitoring             been granted but the authorized takes
                                                  mentioned mitigation, monitoring, and                                    locations as described below. Please                 are met, approaches or is observed
                                                  reporting requirements are incorporated.                                 also refer to Venoco’s application (see              within the Level B harassment zone,
                                                  This section contains a draft of the IHA                                 www.nmfs.noaa.gov/pr/permits/                        activities will shut down immediately
                                                  itself. The wording contained in this                                    incidental/construction.htm).                        and not restart until the animals have
                                                  section is proposed for inclusion in the                                    i. For all pile driving activities, a             been confirmed to have left the area.
mstockstill on DSK30JT082PROD with NOTICES




                                                  IHA (if issued).                                                         minimum of two observers shall be                       (g) Venoco shall use soft start
                                                     1. This Incidental Harassment                                         deployed, with one positioned on the                 techniques recommended by NMFS for
                                                  Authorization (IHA) is valid for 1 year                                  pier and one on the bluff above the                  impact pile driving. Soft start requires
                                                  from October 1, 2017 through                                             rookery.                                             contractors to provide an initial set of
                                                  September 30, 2018.                                                         ii. These observers shall record all              strikes at reduced energy, followed by a
                                                     2. This IHA is valid only for pile                                    observations of marine mammals,                      thirty-second waiting period, then two
                                                  driving activities associated with the                                   regardless of distance from the pile                 subsequent reduced energy strike sets.


                                             VerDate Sep<11>2014        17:42 Sep 06, 2017         Jkt 241001      PO 00000       Frm 00058       Fmt 4703      Sfmt 4703      E:\FR\FM\07SEN1.SGM       07SEN1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                 42327

                                                  Soft start shall be implemented at the                  informational elements described in the               NMFS reviews the circumstances of the
                                                  start of each day’s impact pile driving                 application, at minimum (see                          incident. NMFS will work with Venoco
                                                  and at any time following cessation of                  www.nmfs.noaa.gov/pr/permits/                         to determine whether additional
                                                  impact pile driving for a period of thirty              incidental/construction.htm), and shall               mitigation measures or modifications to
                                                  minutes or longer.                                      also include:                                         the activities are appropriate.
                                                     (h) Pile driving shall only be                         i. Detailed information about any                      iii. In the event that Venoco discovers
                                                  conducted during daylight hours.                        implementation of shutdowns,                          an injured or dead marine mammal, and
                                                     (i) Pile driving shall only occur during             including the distance of animals to the              the lead observer determines that the
                                                  July to November months.                                pile and description of specific actions              injury or death is not associated with or
                                                     5. Monitoring.                                       that ensued and resulting behavior of                 related to the activities authorized in the
                                                     The holder of this Authorization is                  the animal, if any.                                   IHA (e.g., previously wounded animal,
                                                  required to conduct marine mammal                         ii. Description of attempts to                      carcass with moderate to advanced
                                                  monitoring during pile driving and                      distinguish between the number of                     decomposition, scavenger damage),
                                                  removal activities. Marine mammal                       individual animals taken and the                      Venoco shall report the incident to the
                                                  monitoring and reporting shall be                       number of incidents of take, such as                  Office of Protected Resources, NMFS,
                                                  conducted in accordance with the                        ability to track groups or individuals.               and the West Coast Regional Stranding
                                                  monitoring measures in the application.                   iii. An estimated total take estimate               Coordinator, NMFS, within 24 hours of
                                                     (a) Venoco shall collect sighting data               extrapolated from the number of marine                the discovery. Venoco shall provide
                                                  and behavioral responses to pile driving                mammals observed during the course of                 photographs or video footage or other
                                                  for marine mammal species observed in                   construction activities, if necessary.                documentation of the stranded animal
                                                  the region of activity during the period                  (b) Reporting injured or dead marine                sighting to NMFS.
                                                  of activity. All observers shall be trained             mammals:                                                 7. This Authorization may be
                                                  in marine mammal identification and                       i. In the unanticipated event that the              modified, suspended or withdrawn if
                                                  behaviors, and shall have no other                      specified activity clearly causes the take            the holder fails to abide by the
                                                  construction-related tasks while                        of a marine mammal in a manner                        conditions prescribed herein, or if
                                                  conducting monitoring.                                  prohibited by this IHA, such as a serious             NMFS determines the authorized taking
                                                     (b) Monitoring shall be conducted by                 injury or mortality, Venoco shall                     is having more than a negligible impact
                                                  qualified observers. Trained observers                  immediately cease the specified                       on the species or stock of affected
                                                  shall be placed from the best vantage                   activities and report the incident to the             marine mammals.
                                                  point(s) practicable to monitor for                     Office of Protected Resources, NMFS,
                                                  marine mammals and implement                            and the Alaska Regional Stranding                     Request for Public Comments
                                                  shutdown or delay procedures when                       Coordinator. The report must include                     We request comment on our analyses,
                                                  applicable through communication with                   the following information:                            the draft authorization, and any other
                                                  the equipment operator. Observer                          A. Time and date of the incident;                   aspect of this Notice of Proposed IHA
                                                  training must be provided prior to                        B. Description of the incident;                     for the proposed fender pile
                                                  project start and in accordance with the                  C. Environmental conditions (e.g.,                  replacement. Please include with your
                                                  monitoring measures in the application,                 wind speed and direction, Beaufort sea                comments any supporting data or
                                                  and shall include instruction on species                state, cloud cover, and visibility);                  literature citations to help inform our
                                                  identification (sufficient to distinguish                 D. Description of all marine mammal                 final decision on the request for MMPA
                                                  the species listed in 3(b)), description                observations in the 24 hours preceding                authorization.
                                                  and categorization of observed                          the incident;
                                                                                                            E. Species identification or                          Dated: September 1, 2017.
                                                  behaviors and interpretation of
                                                  behaviors that may be construed as                      description of the animal(s) involved;                Donna S. Wieting,
                                                  being reactions to the specified activity,                F. Fate of the animal(s); and                       Director, Office of Protected Resources,
                                                  proper completion of data forms, and                      G. Photographs or video footage of the              National Marine Fisheries Service.
                                                  other basic components of biological                    animal(s).                                            [FR Doc. 2017–18974 Filed 9–6–17; 8:45 am]
                                                  monitoring, including tracking of                         Activities shall not resume until                   BILLING CODE 3510–22–P
                                                  observed animals or groups of animals                   NMFS is able to review the
                                                  such that repeat sound exposures may                    circumstances of the prohibited take.
                                                  be attributed to individuals (to the                    NMFS will work with Venoco to                         DEPARTMENT OF COMMERCE
                                                  extent possible).                                       determine what measures are necessary
                                                     (c) For all marine mammal                            to minimize the likelihood of further                 National Oceanic and Atmospheric
                                                  monitoring, the information shall be                    prohibited take and ensure MMPA                       Administration
                                                  recorded as described in the monitoring                 compliance. Venoco may not resume
                                                                                                                                                                Deep Seabed Mining: Approval of
                                                  measures section of the application.                    their activities until notified by NMFS.
                                                                                                            ii. In the event that the Venoco                    Exploration License Extensions
                                                     6. Reporting.
                                                     The holder of this Authorization is                  discovers an injured or dead marine                   AGENCY: Office for Coastal Management,
                                                  required to:                                            mammal, and the lead observer                         National Ocean Service, National
                                                     (a) Submit a draft report on all                     determines that the cause of the injury               Oceanic and Atmospheric
                                                  monitoring conducted under the IHA                      or death is unknown and the death is                  Administration (NOAA), Department of
                                                  within 90 days of the completion of                     relatively recent (e.g., in less than a               Commerce.
                                                  marine mammal monitoring, or 60 days                    moderate state of decomposition),
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                ACTION: Notice of extension of Deep
                                                  prior to the issuance of any subsequent                 Venoco shall immediately report the                   Seabed Hard Mineral Exploration
                                                  IHA for projects at the Project area,                   incident to the Office of Protected                   Licenses.
                                                  whichever comes first. A final report                   Resources, NMFS, and the West Coast
                                                  shall be prepared and submitted within                  Regional Stranding Coordinator.                       SUMMARY:   NOAA is announcing the
                                                  thirty days following resolution of                       The report must include the same                    approval of two, five-year extensions of
                                                  comments on the draft report from                       information identified in 6(b)(i) of this             deep seabed hard mineral exploration
                                                  NMFS. This report must contain the                      IHA. Activities may continue while                    licenses issued under the Deep Seabed


                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1



Document Created: 2017-09-07 02:01:54
Document Modified: 2017-09-07 02:01:54
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 October 10, 2017.
ContactSara Young, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation82 FR 42306 
RIN Number0648-XF60

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR