82 FR 55579 - 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 224 (November 22, 2017)

Page Range		55579-55590
FR Document		2017-25258

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Venoco LLC (Venoco) to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with a fender pile replacement project in Carpinteria, California.

Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017)

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55579-55590]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-25258]

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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; issuance of an incidental harassment authorization.

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

SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Venoco LLC (Venoco) to incidentally harass, by Level B harassment only,
marine mammals during construction activities associated with a fender
pile replacement project in Carpinteria, California.

DATES: This authorization is applicable from November 1, 2017 to
October 31, 2018.

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.

[[Page 55580]]

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 reviewed 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 determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
We reviewed 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 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 nor NMFS expect mortality to result
from this activity and, therefore, an IHA is appropriate.

Description of Specified Activity

Venoco proposed to replace 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 authorization effective dates
are November 1, 2017 through October 31, 2018 to allow pile driving to
occur when all of the necessary permits and permissions are acquired.
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) 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 slightly offset (about two
feet) from the original fender pile positions. This spliced pile design
has been in service for more than 60 years at the Pier.
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 (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 6 piles could
be installed by this method in a single day (i.e., up to 1.5 hours of
pile driving per day). A detailed description of the planned project is
provided in the Federal Register notice for the proposed IHA (82 FR
42306; September 9, 2017). Since that time, no changes have been made
to the planned construction activities. Therefore, a detailed
description is not provided here. Please refer to that Federal Register
notice for the description of the specific activity.

Comments and Responses

A notice of NMFS's proposal to issue an IHA to Venoco was published
in the Federal Register on September 9, 2017 (82 FR 42306). That notice
described, in detail, Venoco's activity, the marine mammal species that
may be affected by the activity, and the anticipated effects on marine
mammals. During the 30-day public comment period, NMFS received
comments from the Marine Mammal Commission. These comments are details
below.
Comment 1: The Commission noted several mitigation and monitoring
measures were absent from the proposed IHA and recommends that NMFS
include standard mitigation, monitoring, and reporting measures
consistently for all authorizations involving pile-driving and -removal
activities.
Response: NMFS included all standard mitigation measures that were
appropriate and relevant to the activities proposed by Venoco. These
mitigation measures include using delay and shutdown procedures for
species that are not authorized and when the limit of take authorized
is reached. Venoco is proposing a shutdown at 52 meters, which subsumes
the standard 10 meter shutdown zone, but the 10 meter shutdown zone to
avoid physical injury still applies for in-water work that is not pile
driving or removal. The Commission noted inconsistency in pre and post-
activity monitoring times, and the IHA reflects pre and post-activity
monitoring periods of 30 minutes.
Comment 2: The Commission recommends that NMFS share the rounding
criteria with the Commission such that this matter can be resolved
expeditiously.
Response: NMFS will share the rounding criteria with the Commission
soon (following the completion of internal edits) when available and
looks forward to discussing the issue with them in the future.

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 are not be expected to occur in shallow nearshore waters of the
action area (Table 1).
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

[[Page 55581]]

(e.g., physical and behavioral descriptions) may be found on NMFS's Web
site (www.nmfs.noaa.gov/pr/species/mammals/).
Table 1 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 1
are the most recent available at the time of publication and are
available in the 2016 SARs (NMFS, 2016).

Table 1--Marine Mammal Potentially Present in the Vicinity of Carpinteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock Strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ 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 novaeangliae. California-Oregon- -;N .03, 1,876, 2014...... 11 6.5
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 macrocephalus. California-Oregon- E;Y 0.58, 1,332, 2008..... 2.7 1.7
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.

[[Page 55582]]

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 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 -;N Unk, 81,368, 2010..... 4,882 8.8
stock.
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.

All species that could potentially occur in the construction area
are included in Table 1. However, the temporal and spatial occurrence
of all but three of the species listed in Table 1 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 1 above are unlikely to occur
during the construction 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 construction 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 1,
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.
A detailed description of the of the species likely to be affected
by the Casitas pier project, including brief introductions to the
species and relevant stocks as well as available information regarding
population trends and threats, and information regarding local
occurrence, were provided in the Federal Register notice for the
proposed IHA (82 FR 42306; September 9, 2017); since that time, we are
not aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions. Please also refer
to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for
generalized species accounts.

Potential Effects of Specified Activities on Marine Mammals and Their
Habitat

The effects of underwater noise from pile driving activities for
the Casitas pier project have the potential to result in behavioral
harassment of marine mammals in the vicinity of the action area. The
Federal Register notice for the proposed IHA (82 FR 42306; September 9,
2017) included a discussion of the effects of anthropogenic noise on
marine mammals, therefore that information is not repeated here; please
refer to the Federal Register notice (82 FR 42306; September 9, 2017)
for that information.

[[Page 55583]]

Anticipated Effects on Habitat

The main impact associated with the Casitas pier construction
project will be temporarily elevated sound levels and the associated
direct effects on marine mammals. The project will not result in
additional permanent impacts to habitats used directly by marine
mammals, but may have potential short-term impacts to food sources such
as forage fish, and minor impacts to the immediate substrate during
installation and removal of piles, etc. The area is a known haulout
with an existing pier, so temporary disturbance of the haulout may
occur but the resulting structure will leave the same footprint as
currently exists. These potential effects are discussed in detail in
the Federal Register notice for the proposed IHA (82 FR 42036;
September 9, 2017), therefore that information is not repeated here;
please refer to that Federal Register notice for that information.

Estimated Take

This section provides an estimate of the number of incidental takes
authorized 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 will 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 authorized.
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 authorized 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 will 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 decibels (dB) re 1 microPascal ([mu]Pa) root
mean square (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.

----------------------------------------------------------------------------------------------------------------
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.

[[Page 55584]]

Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
a reference value of 1[mu]Pa2s. In this Table, thresholds are abbreviated to reflect American National
Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
being included to indicate peak sound pressure should be flat weighted or unweighted whithin 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.

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 will 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, rather than the hybrid pile used
by Venoco.
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 will 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 of the proposed IHA notice,
distances to NMFS thresholds were estimated using measured sound levels
and a practical spreading model.
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. These inputs include estimated
duration of pile driving, estimated number of strikes per pile (for the
impact hammer method); and maximum number of piles to be driven in a
day. 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 will 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 six feet. Consequently, the sound level
for the

[[Page 55585]]

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 SEL). 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 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 will 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), will provide a sufficiently conservative
assumption for a 14-inch H-pile.

Table 3--NMFS Option User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
User spreadsheet input
-----------------------------------------------------------------------------------------------------------------
Impact driver Vibratory driver
----------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used................. (E.1) Impact pile Spreadsheet Tab Used... (A) Non-impulsive,
driving. continuous
Source Level (dB; SEL)............... 164.................... 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 N/A.
within 24 hours (hrs).
(a) Number of piles per day.......... 6...................... ....................... N/A.
Activity duration within 24 hr period N/A.................... ....................... 2.5.
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
will 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 3 above.

Table 4--Expected Distances of Level A Threshold Exceedance With Impact and Vibratory Driver
----------------------------------------------------------------------------------------------------------------
User spreadsheet output
-----------------------------------------------------------------------------------------------------------------
PTS isopleth (meters)
-------------------------------------------------------------------------------
Source type High-
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
----------------------------------------------------------------------------------------------------------------

[[Page 55586]]

Level B Isopleths

Using 173 dB RMS as the source level for impact pile driving and
154 dB RMS for vibratory driving, 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 74 meters (112 feet) from
the pile driving site.

Table 5--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.

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 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 will be spread out over multiple
hours to account for equipment re-sets, breaks, etc. Because dolphins
and sea lions 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 will 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 will 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 will 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 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 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 pile driving. 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 will be repeated
individuals.

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

[[Page 55587]]

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 will apply to Venoco's mitigation through
shutdown and disturbance zones:

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
will 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
proposed a shutdown zone for the largest Level A isopleth, which is the
phocid Level A isopleth of 52 meters. NMFS requires a 10 m minimum
shutdown zone for construction activities, however Venoco proposed a
more conservative minimum shutdown zone of 52 meters that will be
established during all pile driving activities. The 52-meter output is
the threshold if an animal were to remain within that distance from the
source for all of the day's pile driving, which is over many hours.

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 Monitoring and Reporting). Nominal radial distances for
disturbance zones are shown in Table 5.
Given the size of the disturbance zone for vibratory pile driving,
it is impossible to guarantee that all animals will 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) will be observed. In order to document observed instances of
harassment, observers 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 portion 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 determined that the 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.

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. 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. This
procedure is repeated two additional times. 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
determined that the mitigation measures provide the means of effecting
the least practicable impact on marine mammal species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance.

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

[[Page 55588]]

mammals that are expected to be present in the action area. Effective
reporting is critical both to compliance as well as ensuring that the
most value is obtained from the required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the 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); and
Mitigation and monitoring effectiveness.

Monitoring Protocols

Monitoring will 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 will be
completed without cessation, unless the animal approaches or enters the
shutdown zone, at which point all pile driving activities will be
halted. Monitoring will take place from 30 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 a 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 52-meter 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 30 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 30
minutes. If pile driving has ceased for more than 30 minutes, the 30
minute pre- pile driving monitoring will begin.
Venoco shall implement a minimum shutdown zone of 10 meter
radius around each pile for all construction methods other than pile
driving for all marine mammals.

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 will implement the following procedures for pile
driving:
MMOs will 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 will be halted; and
The shutdown zone (52 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.
If any species for which take is not authorized is observed within
or approaching the Level B zone by a MMO during pile driving, all
construction will be stopped immediately. Pile driving will commence if
the animal has not been seen inside the Level B zone for at 30 minutes
of observation.

Data Collection

The IHA requires 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. At a minimum, the following
information will 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;

[[Page 55589]]

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 will 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 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 in the proposed IHA, 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 injury 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
implementation of the planned mitigation measures, as described in the
Estimated Take section. Specifically, vibratory and impact hammers 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 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 bottlenose dolphins. Moreover, the mitigation and monitoring
measures are expected to further reduce the likelihood of injury, as it
is unlikely an animal will remain in close proximity to the sound
source with small Level A isopleths, 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 seasons 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
will 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. 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
will not result in any adverse impact to the stock as a whole.
In summary and as described above, the following factors primarily
support our 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 injury is anticipated or authorized;
Level B harassment may consist of, at worst, temporary
modifications in behavior (e.g., temporary avoidance of habitat or
changes in behavior);
The lack of important feeding, pupping, or other areas in
the action area during the construction window;
The small impact area relative to species range size;
The minimization of harassment likelihood and severity due
to mitigation; and
The small percentage of the stock that may be affected by
project activities (< 9 percent for all stocks; Table 6).
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the
construction activity will have a negligible impact on

[[Page 55590]]

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 6 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 construction work at the project site relative to
the total stock abundance. The numbers of animals authorized to be
taken for all species will 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 6). Based on the analysis
contained herein of the construction activity (including the mitigation
and monitoring measures) and the anticipated take of marine mammals,
NMFS finds that small numbers of marine mammals will be taken relative
to the population size of the affected species or stocks.

Table 6--Estimated Numbers and Percentage of Stock That May Be Exposed to Level B Harassment
----------------------------------------------------------------------------------------------------------------
Stock(s) Percentage of
Species Authorized abundance total stock
Level B takes estimate \1\ (percent)
----------------------------------------------------------------------------------------------------------------
Harbor Seal (Phoca vitulina) California stock................... 125 30,968 .40
California sea lion (Eumatopias jubatus) U.S. Stock............. 38 296,750 .013
Bottlenose dolphin (Tursiops truncatus)......................... 40 1,924 2.1
California-Oregon-Washington Stock California Coastal Stock..... .............. 453 8.83
----------------------------------------------------------------------------------------------------------------
\1\ All stock abundance estimates presented here are from the 2016 Pacific Stock Assessment Report.

Unmitigable Adverse Impact Analysis and Determination

There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks will 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.
No incidental take of ESA-listed species is authorized 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.

Authorization

NMFS has issued an IHA to Venoco LLC for the potential harassment
of small numbers of three marine mammal species incidental to the
Casitas Pier fender pile replacement project in Carpinteria, CA,
provided the previously mentioned mitigation, monitoring and reporting
requirements are incorporated.

Dated: November 16, 2017.
Catherine Marzin,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2017-25258 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55581

(e.g., physical and behavioral mortalities, that may be removed from a number estimated within a particular
descriptions) may be found on NMFS’s marine mammal stock while allowing study or survey area. NMFS’s stock
Web site (www.nmfs.noaa.gov/pr/ that stock to reach or maintain its abundance estimates for most species
species/mammals/). optimum sustainable population (as represent the total estimate of
Table 1 lists all species with expected described in NMFS’s SARs). While no individuals within the geographic area,
potential for occurrence in coastal mortality is anticipated or authorized if known, that comprises that stock. For
southern California and summarizes here, PBR and annual serious injury and some species, this geographic area may
information related to the population or mortality from anthropogenic sources extend beyond U.S. waters. All managed
stock, including regulatory status under are included here as gross indicators of stocks in this region are assessed in
the MMPA and ESA and potential the status of the species and other
NMFS’s U.S. Pacific SARs (NMFS
biological removal (PBR), where known. threats.
For taxonomy, we follow Committee on Marine mammal abundance estimates 2016). All values presented in Table 1
Taxonomy (2016). PBR is defined by the presented in this document represent are the most recent available at the time
MMPA as the maximum number of the total number of individuals that of publication and are available in the
animals, not including natural make up a given stock or the total 2016 SARs (NMFS, 2016).

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

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
asabaliauskas on DSKBBXCHB2PROD with NOTICES

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.

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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55583

Anticipated Effects on Habitat Authorized takes will be by Level B the practical need to use a threshold
harassment only, in the form of based on a factor that is both predictable
The main impact associated with the disruption of behavioral patterns for and measurable for most activities,
Casitas pier construction project will be individual marine mammals resulting NMFS uses a generalized acoustic
temporarily elevated sound levels and from exposure to pile driving. Based on threshold based on received level to
the associated direct effects on marine the nature of the activity, Level A estimate the onset of behavioral
mammals. The project will not result in harassment is neither anticipated nor harassment. NMFS predicts that marine
additional permanent impacts to authorized. Below we describe how the mammals are likely to be behaviorally
habitats used directly by marine take is estimated. harassed in a manner we consider Level
mammals, but may have potential short- Described in the most basic way, we B harassment when exposed to
term impacts to food sources such as estimate take by considering: (1) underwater anthropogenic noise above
forage fish, and minor impacts to the Acoustic thresholds above which NMFS received levels of 120 decibels (dB) re
immediate substrate during installation believes the best available science 1 microPascal (mPa) root mean square
and removal of piles, etc. The area is a indicates marine mammals will be (rms) for continuous (e.g. vibratory pile-
known haulout with an existing pier, so behaviorally harassed or incur some driving, drilling) and above 160 dB re 1
temporary disturbance of the haulout degree of permanent hearing mPa (rms) for non-explosive impulsive
may occur but the resulting structure impairment; (2) the area or volume of (e.g., seismic airguns) or intermittent
will leave the same footprint as water that will be ensonified above (e.g., scientific sonar) sources.
currently exists. These potential effects these levels in a day; (3) the density or Venoco’s project includes the use of
are discussed in detail in the Federal occurrence of marine mammals within continuous (vibratory pile driving) and
Register notice for the proposed IHA (82 these ensonified areas; and, (4) and the impulsive (impact pile driving) sources,
FR 42036; September 9, 2017), therefore number of days of activities. Below, we and therefore the 120 and 160 dB re 1
that information is not repeated here; describe these components in more mPa (rms) thresholds are applicable.
please refer to that Federal Register detail and present the authorized take Level A harassment for non-explosive
notice for that information. estimate. sources—NMFS’ Technical Guidance
Estimated Take for Assessing the Effects of
Acoustic Thresholds
Anthropogenic Sound on Marine
This section provides an estimate of Using the best available science, Mammal Hearing (Technical Guidance,
the number of incidental takes NMFS has developed acoustic 2016) identifies dual criteria to assess
authorized through this IHA, which will thresholds that identify the received auditory injury (Level A harassment) to
inform both NMFS’ consideration of level of underwater sound above which five different marine mammal groups
whether the number of takes is ‘‘small’’ exposed marine mammals will be (based on hearing sensitivity) as a result
and the negligible impact reasonably expected to be behaviorally of exposure to noise from two different
determination. harassed (equated to Level B types of sources (impulsive or non-
Harassment is the only type of take harassment) or to incur PTS of some impulsive). Venoco’s construction
expected to result from these activities. degree (equated to Level A harassment). activity includes the use of impulsive
Except with respect to certain activities Level B Harassment for non-explosive (impact pile driving) and non-impulsive
not pertinent here, section 3(18) of the sources—Though significantly driven by (vibratory pile driving) sources.
MMPA defines ‘‘harassment’’ as any act received level, the onset of behavioral These thresholds were developed by
of pursuit, torment, or annoyance which disturbance from anthropogenic noise compiling and synthesizing the best
(i) has the potential to injure a marine exposure is also informed to varying available science and soliciting input
mammal or marine mammal stock in the degrees by other factors related to the multiple times from both the public and
wild (Level A harassment); or (ii) has source (e.g., frequency, predictability, peer reviewers to inform the final
the potential to disturb a marine duty cycle), the environment (e.g., product, and are provided in the table
mammal or marine mammal stock in the bathymetry), and the receiving animals below. The references, analysis, and
wild by causing disruption of behavioral (hearing, motivation, experience, methodology used in the development
patterns, including, but not limited to, demography, behavioral context) and of the thresholds are described in NMFS
migration, breathing, nursing, breeding, can be difficult to predict (Southall et 2016 Technical Guidance, which may
feeding, or sheltering (Level B al., 2007, Ellison et al., 2011). Based on be accessed at: http://www.nmfs.noaa.
harassment). what the available science indicates and gov/pr/acoustics/guidelines.htm.

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.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

* 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.

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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55585

composite pile is anticipated to be hammer); and 3 dB (a second doubling) For the vibratory driving method, the
greater than the Caltrans reference adjustment for the H-pile that is acting average sound pressure level measured
sound level for 16-inch steel pipe (158 as a foundation, and thus providing in dB is based on the 12-inch H-pile
dB), and less than the Caltrans reference some resistance to the pipe pile while sound levels (Caltrans 2015, Table I.2–
sound level for 14-inch steel H-pile (177 it is being driven by impact hammer. 2), adjusted upward by 4 dB for
dB). This sound level, which represents two composite 16-inch pipe/14-inch H-pile
Based on these factors, the reference doublings of the reference sound level design. Caltrans data do not include
sound level from composite pile was of the 16-inch steel pipe, is considered specific vibratory reference sound levels
based on 16-inch steel pipe pile, with an sufficiently conservative to account for for the 14- inch H-pile. Therefore, it was
upward adjustment of 6 dB (to 164 dB the H-pile portion of the fender pile that assumed that doubling the reference
SEL). This 6 dB adjustment is divided will be exposed in the water column sound level for 12-inch H-pile plus 1 dB
into two parts: 3 dB (one doubling) and serving as a foundation to the pipe (i.e., a 4 dB increase), will provide a
adjustment for the H-pile itself (i.e., the sufficiently conservative assumption for
pile during impact driving.
portion of H-pile being driven by impact a 14-inch H-pile.
TABLE 3—NMFS OPTION USER SPREADSHEET INPUTS
User spreadsheet input

Impact driver Vibratory driver

Spreadsheet Tab Used ................................................... (E.1) Impact pile driving .... Spreadsheet Tab Used ..... (A) Non-impulsive, contin-
uous
Source Level (dB; SEL) ................................................... 164 ..................................... 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 N/A.
hours (hrs).
(a) Number of piles per day ............................................ 6 ......................................... ............................................ N/A.
Activity duration within 24 hr period ................................ N/A ..................................... ............................................ 2.5.
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 will not incur
component in the new thresholds, we However, these tools offer the best way 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 3 above.
mammal density or occurrence to help quantitatively refine these tools, and

TABLE 4—EXPECTED DISTANCES OF LEVEL A THRESHOLD EXCEEDANCE WITH IMPACT AND VIBRATORY DRIVER
User spreadsheet output

PTS isopleth (meters)

Source type Low- Mid- High- Phocid Otariid
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
asabaliauskas on DSKBBXCHB2PROD with NOTICES

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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55587

incidental take authorizations to include established during all pile driving has determined that the mitigation
information about the availability and activities. The 52-meter output is the measures provide the means effecting
feasibility (economic and technological) threshold if an animal were to remain the least practicable impact on the
of equipment, methods, and manner of within that distance from the source for affected species or stocks and their
conducting such activity or other means all of the day’s pile driving, which is habitat, paying particular attention to
of effecting the least practicable adverse over many hours. rookeries, mating grounds, and areas of
impact upon the affected species or similar significance.
Disturbance Zone
stocks and their habitat (50 CFR
Disturbance zones are the areas in Soft Start
216.104(a)(11)).
In evaluating how mitigation may or which SPLs equal or exceed 160 and The use of a soft start procedure
may not be appropriate to ensure the 120 dB rms (for impact and vibratory provides additional protection to marine
least practicable adverse impact on pile driving, respectively). Disturbance mammals by warning or providing a
species or stocks and their habitat, as zones provide utility for monitoring chance to leave the area prior to the
well as subsistence uses where conducted for mitigation purposes (i.e., hammer operating at full capacity, and
applicable, we carefully consider two shutdown zone monitoring) by typically involves a requirement to
primary factors: establishing monitoring protocols for initiate sound from the hammer at
(1) The manner in which, and the areas adjacent to the shutdown zones reduced energy followed by a waiting
degree to which, the successful and identifying amount of take. period. It is difficult to specify the
implementation of the measure(s) is Monitoring of disturbance zones enables reduction in energy for any given
expected to reduce impacts to marine observers to be aware of and hammer because of variation across
mammals, marine mammal species or communicate the presence of marine drivers and, for impact hammers, the
stocks, and their habitat. This considers mammals in the project area but outside actual number of strikes at reduced
the nature of the potential adverse the shutdown zone and thus prepare for energy will vary because operating the
impact being mitigated (likelihood, potential shutdowns of activity. hammer at less than full power results
scope, range). It further considers the However, the primary purpose of in ‘‘bouncing’’ of the hammer as it
likelihood that the measure will be disturbance zone monitoring is for strikes the pile, resulting in multiple
effective if implemented (probability of documenting instances of Level B ‘‘strikes.’’ For impact driving, we
accomplishing the mitigating result if harassment; disturbance zone require an initial set of three strikes
implemented as planned) the likelihood monitoring is discussed in greater detail from the impact hammer at reduced
of effective implementation (probability later (see Monitoring and Reporting). energy, followed by a 30-second waiting
implemented as planned). and; Nominal radial distances for period, then 2 subsequent 3 strike sets.
(2) the practicability of the measures disturbance zones are shown in Table 5. This procedure is repeated two
for applicant implementation, which Given the size of the disturbance zone additional times. Soft start will be
may consider such things as cost, for vibratory pile driving, it is required at the beginning of each day’s
impact on operations, and, in the case impossible to guarantee that all animals impact pile driving work and at any
of a military readiness activity, will be observed or to make time following a cessation of impact pile
personnel safety, practicality of comprehensive observations of fine- driving of 30 minutes or longer.
implementation, and impact on the scale behavioral reactions to sound, and
effectiveness of the military readiness only a portion of the zone (e.g., what Timing Restrictions
activity. may be reasonably observed by visual Venoco will only conduct
The following measures will apply to observers stationed on the pier and bluff construction activities during daytime
Venoco’s mitigation through shutdown above the beach) will be observed. In hours. Construction will also be
and disturbance zones: order to document observed instances of restricted to the fall and late summer
harassment, observers record all marine months (July through November) to
Shutdown Zone mammal observations, regardless of avoid overlap with harbor seal pupping.
For all pile driving activities, Venoco location. The observer’s location, as Based on our evaluation of the
will establish a shutdown zone intended well as the location of the pile being Venoco’s proposed measures, NMFS has
to contain the area in which SELs equal driven, is known from a GPS. The determined that the mitigation measures
or exceed the auditory injury criteria for location of the animal is estimated as a provide the means of effecting the least
cetaceans and pinnipeds. The purpose distance from the observer, which is practicable impact on marine mammal
of a shutdown zone is to define an area then compared to the location from the species or stocks and their habitat,
within which shutdown of activity will pile. It may then be estimated whether paying particular attention to rookeries,
occur upon sighting of a marine the animal was exposed to sound levels mating grounds, and areas of similar
mammal (or in anticipation of an animal constituting incidental harassment on significance.
entering the defined area), thus further the basis of predicted distances to
preventing injury of marine mammals relevant thresholds in post-processing of Monitoring and Reporting
(as described previously under Potential observational and acoustic data, and a In order to issue an IHA for an
Effects of the Specified Activity on precise accounting of observed activity, Section 101(a)(5)(D) of the
Marine Mammals, serious injury or incidences of harassment created. This MMPA states that NMFS must set forth,
death are unlikely outcomes even in the information may then be used to requirements pertaining to the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

absence of mitigation measures). Venoco extrapolate observed takes in the monitoring and reporting of such taking.
proposed a shutdown zone for the observable zone multiplied by the The MMPA implementing regulations at
largest Level A isopleth, which is the portion of the zone that is unseen to 50 CFR 216.104 (a)(13) indicate that
phocid Level A isopleth of 52 meters. reach an approximate understanding of requests for authorizations must include
NMFS requires a 10 m minimum predicted total takes (Area seen/area the suggested means of accomplishing
shutdown zone for construction unseen = takes observed/takes the necessary monitoring and reporting
activities, however Venoco proposed a unobserved). that will result in increased knowledge
more conservative minimum shutdown Based on our evaluation of the of the species and of the level of taking
zone of 52 meters that will be applicant’s proposed measures, NMFS or impacts on populations of marine

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55590 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices

all affected marine mammal species or authorization is limited to small to the relevant stocks or populations
stocks. numbers of marine mammals. even if each estimated instance of take
Additionally, other qualitative factors occurred to a new individual. The total
Small Numbers
may be considered in the analysis, such percent of the population (if each
As noted above, only small numbers as the temporal or spatial scale of the instance was a separate individual) for
of incidental take may be authorized activities. which take is requested is less than nine
under Section 101(a)(5)(D) of the MMPA Table 6 details the number of percent for all stocks (Table 6). Based on
for specified activities other than instances (harbor seals) or individuals the analysis contained herein of the
military readiness activities. The MMPA (California sea lions and bottlenose
construction activity (including the
does not define small numbers and so, dolphins) that animals could be exposed
in practice, where estimated numbers mitigation and monitoring measures)
to received noise levels that could cause
are available, NMFS compares the Level B harassment for the construction and the anticipated take of marine
number of individuals taken to the most work at the project site relative to the mammals, NMFS finds that small
appropriate estimation of abundance of total stock abundance. The numbers of numbers of marine mammals will be
the relevant species or stock in our animals authorized to be taken for all taken relative to the population size of
determination of whether an species will be considered small relative the affected species or stocks.

TABLE 6—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL B HARASSMENT
Percentage
Authorized Stock(s) of total
Species Level B abundance stock
takes estimate 1 (percent)

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

Unmitigable Adverse Impact Analysis monitoring and reporting requirements Request (‘‘ICR’’) titled: Copies of Crop
and Determination are incorporated. and Market Information Reports.
There are no relevant subsistence uses Dated: November 16, 2017. DATES: Comments must be submitted on
of the affected marine mammal stocks or Catherine Marzin, or before January 22, 2018.
species implicated by this action. Acting Deputy Director, Office of Protected ADDRESSES: You may submit comments,
Therefore, NMFS has determined that Resources, National Marine Fisheries Service. identified by OMB Control No. 3038–
the total taking of affected species or [FR Doc. 2017–25258 Filed 11–21–17; 8:45 am] 0015 by any of the following methods:
stocks will not have an unmitigable BILLING CODE 3510–22–P • The Agency’s Web site, at http://
adverse impact on the availability of comments.cftc.gov/. Follow the
such species or stocks for taking for instructions for submitting comments
subsistence purposes. through the Web site.
COMMODITY FUTURES TRADING • Mail: Christopher Kirkpatrick,
Endangered Species Act (ESA) COMMISSION Secretary of the Commission,
Section 7(a)(2) of the Endangered Commodity Futures Trading
Species Act of 1973 (ESA: 16 U.S.C. Agency Information Collection Commission, 1155 21st Street NW.,
1531 et seq.) requires that each Federal Activities: Copies of Crop and Market Washington, DC 20581.
agency insure that any action it Information Reports • Hand delivery/Courier: Same as
authorizes, funds, or carries out is not AGENCY: Commodity Futures Trading Mail above.
likely to jeopardize the continued Commission. • Federal eRulemaking Portal: http://
existence of any endangered or www.regulations.gov/. Follow the
ACTION: Notice. instructions for submitting comments
threatened species or result in the
destruction or adverse modification of SUMMARY: The Commodity Futures through the Portal.
designated critical habitat. Trading Commission (‘‘Commission’’ or Please submit your comments using
No incidental take of ESA-listed ‘‘CFTC’’) is announcing an opportunity only one method.
species is authorized or expected to for public comment on the extension of FOR FURTHER INFORMATION CONTACT:
result from this activity. Therefore, a proposed collection of certain Adam Charnisky, Division of Market
NMFS has determined that formal information by the agency. In Oversight, U.S. Commodity Futures
consultation under section 7 of the ESA compliance with the Paperwork Trading Commission, 525 West Monroe,
is not required for this action. Reduction Act of 1995, Federal agencies Chicago IL, 60661; (312) 596–0630;
FAX: (312) 596–0711; email:
asabaliauskas on DSKBBXCHB2PROD with NOTICES

are required to publish notice in the
Authorization acharnisky@cftc.gov; and refer to OMB
Federal Register concerning each
NMFS has issued an IHA to Venoco proposed collection of information, Control No. 3038–0015.
LLC for the potential harassment of including each proposed extension of an SUPPLEMENTARY INFORMATION: Under the
small numbers of three marine mammal existing collection of information, and PRA, Federal agencies must obtain
species incidental to the Casitas Pier to allow 60 days for public comment in approval from the Office of Management
fender pile replacement project in response to the notice. This notice and Budget (OMB) for each collection of
Carpinteria, CA, provided the solicits comments, as described below, information they conduct or sponsor.
previously mentioned mitigation, on the proposed Information Collection ‘‘Collection of Information’’ is defined

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; issuance of an incidental harassment authorization.
Dates		This authorization is applicable from November 1, 2017 to October 31, 2018.
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.
FR Citation		82 FR 55579
RIN Number		0648-XF60

82 FR 55579 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Casitas Pier Fender Pile Replacement

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration