82_FR_61792 82 FR 61544 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to a Pile Driving Activities for Waterfront Repairs at the U.S. Coast Guard Station Monterey, Monterey, California

82 FR 61544 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to a Pile Driving Activities for Waterfront Repairs at the U.S. Coast Guard Station Monterey, Monterey, California

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range61544-61554
FR Document2017-28029

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 the U.S. Coast Guard (USCG) to incidentally harass, by Level B harassment only, marine mammals during pile driving activities associated with waterfront repairs at the USCG Monterey Station in Monterey, California.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61544-61554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28029]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF460


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to a Pile Driving Activities for Waterfront Repairs at the 
U.S. Coast Guard Station Monterey, Monterey, California

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 
the U.S. Coast Guard (USCG) to incidentally harass, by Level B 
harassment only, marine mammals during pile driving activities 
associated with waterfront repairs at the USCG Monterey Station in 
Monterey, California.

DATES: This Authorization is applicable from December 20, 2017 through 
October 15, 2018.

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, or 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

    In compliance 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 action (i.e., the issuance of an incidental 
harassment authorization) with respect to potential impacts on the 
human environment. Accordingly, NMFS reviewed and adopted the USCG's 
Supplemental Environmental Assessment entitled Supplemental 
Environmental Assessment for Waterfront Repairs at U.S. Coast Guard 
Station Monterey, Monterey, California, and signed a Finding of No 
Significant Impact on November 9, 2017.

Summary of Request

    On February 10, 2017, NMFS received a request from the USCG for an 
IHA to take marine mammals incidental to pile driving activities for 
waterfront restoration, at the USCG Station Monterey in Monterrey, 
California. USCG's request is for take of eight species of marine 
mammals, by Level B harassment. Neither USCG nor NMFS expect mortality 
to result from this activity and, therefore, an IHA is appropriate.
    NMFS previously issued an IHA to the USCG for similar work (79 FR 
57052; September 24, 2014). However, no work was conducted under that 
IHA.

[[Page 61545]]

Description of Specific Activity

    USCG Station Monterey occupies an upland site and adjacent 
waterside structures including a 1,700-foot breakwater, a wharf 
constructed over the breakwater, and floating docks to the east of the 
wharf in Monterey Harbor, Monterey, California. The USCG intends to 
conduct maintenance on the existing wharf, which is used to berth 
vessels that are critical to support USCG Station Monterey's mission.
    The planned project requires replacement of 17 timber (16 to 18-in 
in diameter) piles including removal of the existing timber deck, 
replacing stringers, steel pipe caps, steel support beams, and hardware 
in order to access the timber piles. The timber piles will be removed 
using vibratory pile driving. Each timber pile will be replaced with a 
14-in steel pipe pile installed using a vibratory hammer (the preferred 
method) and each pipe pile will be positioned and installed in the 
footprint of the extracted timber pile. Pile proofing will be conducted 
via impact hammer. If, due to substrate or breakwater armor, a pipe 
pile is unable to be driven to 30 feet below the mud line using a 
vibratory hammer, then an impact hammer will be used; and if the pile 
cannot be driven with an impact hammer, the pipe pile would be posted 
onto the armor stone. The steel pipe piles would not be filled with 
concrete. Pile installation would be adjacent to a rock jetty that 
would provide substantial underwater shielding of sound transmission to 
areas north (or through the jetty).
    Pile-driving activities are expected to occur for an estimated 
minimum of three to a maximum of eight days of the total construction 
time. It is assumed that driving time would be approximately 20 minutes 
(min) per pile for vibratory or impact pile driving. It is assumed that 
vibratory extraction of the existing piles would take approximately 10 
min per pile. Pile driving and extraction would therefore result in an 
estimated of 240 min per day (4 hours (hrs)); 510 min for the total 
project or approximately 8.5 hrs. In-water noise from pile driving 
activities will result in the take, by Level B harassment only, of 
eight species of marine mammals.
    A detailed description of the planned pile driving project is 
provided in the Federal Register notice for the proposed IHA (82 FR 
42986; September 13, 2017). Since that time, no changes have been made 
to the planned USCG 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 the USCG was 
published in the Federal Register on September 24, 2014 (79 FR 57052). 
That notice described, in detail, USCG 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 (Commission).
    Comment 1: NMFS received a comment from the Commission and while 
the Commission agrees with NMFS's determinations, it recommends that 
NMFS follow NMFS's policy of a 24-hour reset for enumerating the number 
of marine mammals that could be taken during the planned activities by 
applying standard rounding rules before summing the numbers of 
estimated takes across survey sites and survey days.
    Response 1: Calculating predicted take is not an exact science and 
there are arguments for using different mathematical approaches in 
different situations, and for making qualitative adjustments in other 
situations. NMFS is currently engaged in developing a protocol to help 
guide its take calculations given particular situations and 
circumstances. We believe, however, that the methodology for this 
action is appropriate and is not at odds with the 24-hour reset policy 
the Commission references.
    Comment 2: The Commission recommends NMFS include previous 
mitigation and monitoring measures from the 2014 IHA (e.g., vessel 
based monitoring, additional baseline monitoring) as well as clarifying 
the number of Protected Species Observers (PSOs) that will be used for 
the project and where the PSOs would be positioned for the most 
effective monitoring.
    Response: As discussed with the Commission, NMFS has incorporated 
or expanded on these measures in the IHA.
    [ssquf] USCG shall conduct in-situ monitoring during the 
installation of five piles and removal of five piles. USCG shall adjust 
Level B harassment zones of influence (ZOIs) as necessary where 
received underwater sound pressure levels (SPLs) are higher than 160 
decibels (dB) root mean square (rms) and 120 dB (rms) re 1 micro Pascal 
([micro]Pa) for impulse noise sources (impact pile driving) and non-
impulses noise sources (vibratory pile driving), respectively. USCG 
shall adjust Level A harassment zones based on measured SELs as 
necessary.
    [ssquf] USCG shall employ at least three NMFS-approved PSOs to 
conduct marine mammal monitoring for its construction project.
    [ssquf] PSOs shall conduct baseline monitoring for two days during 
the week prior to pile removal and driving.
    [ssquf] During pile removal or installation, at least three PSOs 
shall be used, and positioned such that each monitor has the best 
vantage point available, including the USCG pier, jetty, adjacent docks 
within the harbor, to maintain an excellent view of the exclusion zone 
and adjacent areas during the survey period. Monitors would be equipped 
with radios or cell phones for maintaining contact with work crews.
    [ssquf] Vessel-based visual marine mammal monitoring within the 120 
dB and 160 dB ZOIs shall be conducted during 10 percent of the 
vibratory pile driving and removal and impact pile driving activities, 
respectively.
    Comment 3: The Commission and NMFS discussed effectiveness of the 
sound attenuation devices, which resulted in a change from a 10 dB 
reduction to 5 dB during impact pile driving. The adjusted source 
levels decreased the zones for both Level A and Level B harassment, but 
did not change the number of authorized takes.
    Response 3: As agreed upon with the Commission, NMFS outlined the 
justification for the adjusted sources levels in the final IHA.
    Comment 4: The Commission also recommended the NMFS re-evaluate the 
USCG hydroacoustic monitoring plan to ensure the acoustic thresholds, 
various metrics, and methods are current.
    Response 4: As agreed upon with the Commission, NMFS requested the 
USCG update their hydroacoustic monitoring plan to ensure it is 
current. Those revisions included ensuring the appropriate thresholds 
and weighting parameters, hearing ranges, and functional hearing group 
delineations are used and distances reported accordingly (including for 
cumulative sound exposure levels), increasing the measurement 
capabilities from 10 to 20 kHz, ensuring ambient conditions are 
recorded appropriately (e.g., in continuous 10-minute intervals), 
ensuring the impulse duration is reported and represents the duration 
that contains 90 percent of pulse energy (including using the 
appropriate recording devices to obtain those measurements), and 
reporting the depth of the 10-m hydrophone.

Description of Marine Mammals in the Area of Specified Activities

    The marine mammal species under NMFS's jurisdiction that have the

[[Page 61546]]

potential to occur in the construction area include California sea lion 
(Zalophus californianus), Pacific harbor seal (Phoca vitulina), harbor 
porpoise (Phocoena phocoena), Risso's dolphin (Grampus griseus), 
bottlenose dolphin (Tursiops truncates), killer whale (Orcinus orca), 
gray whale (Megaptera novaengliae), humpback whale (Eschrichtius 
robustus), and southern sea otters (Enhydra lutris nereis). The 
southern sea otter is managed by the U.S. Fish and Wildlife Service and 
not discussed further in this authorization. Humpback whales are 
protected under the Endangered Species Act (ESA). Pertinent information 
for each of these species is presented in this document to provide the 
necessary background to understand their demographics and distribution 
in the area.

                                        Table 1--Marine Mammal Species Potentially Present in Region of Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         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                20,990 (0.05; 20,125;         624        132
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Family Balaenidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale......................  Megaptera novaeangliae   California/Oregon/       E; D                1,918 (0.03; 1,855;          11.0      >=5.5
                                       novaeangliae.            Washington.                                  2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale........................  Orcinus orca...........  Eastern North Pacific    -; N                240 (0.49; 162; 2008).        1.6          0
                                                                Offshore.
Killer whale........................  Orcinus orca...........  West Coast Transient...  -; N                243 (na; 243; 2009)...        2.4          0
Risso's dolphin.....................  Grampus griseus........  California/Oregon/       -; N                6,336 (0.32; 4,817;            46      >=3.7
                                                                Washington.                                  2014).
Bottlenose dolphin..................  Tursiops truncatus.....  California Coastal.....  -; N                453 (0.06; 346; 2011).        2.7      >=2.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocoenidae (porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Porpoise.....................  Phocoena phocoena......  Monterey Bay...........  -; N                3,715 (0.51; 2,480;            25          0
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion.................  Zalophus californianus.  U.S....................  -; N                296,750 (na; 153,337;       9,200        389
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal.........................  Phoca vitulina.........  California.............  -; N                30,968 (na; 27,348;         1,641         43
                                                                                                             2012).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.
\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 mortality/serious injury (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.

    A detailed description of the of the species likely to be affected 
by the USCG's waterfront 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 42986; September 13, 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. However, 
information on a recent rare occurrence of offshore killer whales was 
not previously included in the proposed IHA and therefore is described 
below.
    Although more of a rare occurrence, approximately 25 offshore 
killer whales were observed in December 2016 in Monterey Bay. Offshore 
pods are usually found in groups of 30-60 or more individuals and they 
are seldom seen in protected coastal waters. However, when observed in 
Monterey Bay, offshore killer whales have been observed during the 
winter.
    Please refer to that Federal Register notice for all other species 
descriptions. Please also refer to NMFS' website (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 USCG's waterfront restoration project have the potential to result 
in behavioral harassment of marine mammals in the vicinity of the 
action area. The project would not result in permanent impacts to 
habitats used directly by marine mammals, such as the adjacent jetty 
that is used as a haulout site by pinnipeds, but may have potential 
short-term impacts to food sources such as forage fish and minor 
impacts on turbidity during installation and removal of piles, etc. In 
addition, a concurrence letter was issued by NMFS (2013) (and still

[[Page 61547]]

applies) concluding that the USCG's action would adversely affect EFH 
for various Federally managed fish species, including a temporary 
increase in suspended sediments in the water column from pile driving 
and removal, conversion of soft bottom habitat to artificial substrate, 
and an increase in underwater sound levels in the water column 
associated with pile driving. However, the project includes measures to 
avoid, minimize, or otherwise offset adverse effects, such that NMFS 
has no further EFH conservation recommendations to provide (NOAA 2013).
    The Federal Register notice for the proposed IHA (82 FR 42986; 
September 13, 2017) included additional 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 
42986; September 13, 2017) for that information.

Estimated Take

    This section provides an estimate of the number of incidental takes 
for authorization through this IHA, which will inform both NMFS's 
consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to noise from pile driving and removal 
activities. Based on the nature of the activity and the anticipated 
effectiveness of the mitigation measures (i.e., shutdown measures--
discussed in detail below in Mitigation section), Level A harassment is 
neither anticipated nor authorized.
    As described previously, no mortality is anticipated or authorized 
for this activity. Below we describe how the take is estimated.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals will be behaviorally harassed or incur 
some degree of 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 take estimate.

Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic 
thresholds that identify the received level of underwater sound above 
which exposed marine mammals would be reasonably expected to be 
behaviorally harassed (equated to Level B harassment) or to incur PTS 
of some degree (equated to Level A harassment).
    Level B Harassment for non-explosive sources--Though significantly 
driven by received level, the onset of behavioral disturbance from 
anthropogenic noise exposure is also informed to varying degrees by 
other factors related to the source (e.g., frequency, predictability, 
duty cycle), the environment (e.g., bathymetry), and the receiving 
animals (hearing, motivation, experience, demography, behavioral 
context) and can be difficult to predict (Southall et al., 2007, 
Ellison et al., 2011). Based on what the available science indicates 
and the practical need to use a threshold based on a factor that is 
both predictable and measurable for most activities, NMFS uses a 
generalized acoustic threshold based on received level to estimate the 
onset of behavioral harassment. NMFS predicts that marine mammals are 
likely to be behaviorally harassed in a manner we consider Level B 
harassment when exposed to underwater anthropogenic noise above 
received levels of 120 dB re 1 [mu]Pa (rms) for continuous (e.g., 
vibratory pile-driving, drilling) sources and above 160 dB re 1 [mu]Pa 
(rms) for non-explosive impulsive (e.g., seismic airguns) or 
intermittent (e.g., scientific sonar) sources. USCG's planned activity 
includes the use of continuous (vibratory pile driving and removal) and 
impulsive (impact pile driving) sources, and, therefore, the 120 and 
160 dB re 1 [mu]Pa (rms) are applicable.
    Level A harassment for non-explosive sources--NMFS's Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (NMFS, 2016a) 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). 
USCG's planned activity includes the use of non-impulsive (vibratory 
pile driving and removal) and impulsive (impact 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 Table 2 below. The references, analysis, and methodology 
used in the development of the thresholds are described in NMFS 2016 
Technical Guidance, which may be accessed at: http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

 Table 2--Thresholds Identifying the Onset of Permanent Threshold Shift
------------------------------------------------------------------------
                                           PTS onset thresholds
          Hearing group          ---------------------------------------
                                       Impulsive         Non-impulsive
------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans....  Lpk,flat: 219 dB;   LE,LF,24h: 199 dB.
                                   LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans....  Lpk,flat: 230 dB;   LE,MF,24h: 198 dB.
                                   LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans...  Lpk,flat: 202 dB;   LE,HF,24h: 173 dB.
                                   LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW)             Lpk,flat: 218 dB;   LE,PW,24h: 201 dB.
 (Underwater).                     LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW)            Lpk,flat: 232 dB;   LE,OW,24h: 219 dB.
 (Underwater).                     LE,OW,24h: 203 dB.
------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever
  results in the largest isopleth for calculating PTS onset. If a non-
  impulsive sound has the potential of exceeding the peak sound pressure
  level thresholds associated with impulsive sounds, these thresholds
  should also be considered.

[[Page 61548]]

 
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and
  cumulative sound exposure level (LE) has a reference value of
  1[mu]Pa2s. In this Table, thresholds are abbreviated to reflect
  American National Standards Institute standards (ANSI 2013). However,
  peak sound pressure is defined by ANSI as incorporating frequency
  weighting, which is not the intent for this Technical Guidance. Hence,
  the subscript ``flat'' is being included to indicate peak sound
  pressure should be flat weighted or unweighted within the generalized
  hearing range. The subscript associated with cumulative sound exposure
  level thresholds indicates the designated marine mammal auditory
  weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
  and that the recommended accumulation period is 24 hours. The
  cumulative sound exposure level thresholds could be exceeded in a
  multitude of ways (i.e., varying exposure levels and durations, duty
  cycle). When possible, it is valuable for action proponents to
  indicate the conditions under which these acoustic thresholds will be
  exceeded.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds.
    Background noise is the sound level that would exist without the 
planned activity (pile driving and removal, in this case), while 
ambient sound levels are those without human activity (NOAA 2009). 
Natural actions that contribute to ambient noise include waves, wind, 
rainfall, current fluctuations, chemical composition, and biological 
sound sources (e.g., marine mammals, fish, and shrimp, Carr et al., 
2006). Background noise levels will be compared to the NOAA/NMFS 
threshold levels designed to protect marine mammals to determine the 
Level B Harassment Zones for noise sources. The background noise at 
Monterey Harbor is relatively high due to boat traffic, foot traffic, 
and noise from the USCG Monterey Station.
    Pile installation would be adjacent to a rock jetty that would 
provide substantial underwater shielding of sound transmission to areas 
north (or through the jetty) (see Figure 1-2 of the Application).
    For vibratory pile driving in the proposed IHA, to estimate the 
extent of underwater noise, the software modeling package SoundPlan was 
used by the USCG to simulate sound transmission for the project. 
However, as part of the final IHA, NMFS considered revised source 
levels to determine the Level B Harassment zone based on more 
representative sound sources to project specifics. With a revised 
source level of 162 dB SPL rms (based on Washington State Department of 
Transportation (WSDOT) Friday Harbor data (2010) for 24-inch (in) steel 
piles with a source level of 162 dB rms at 10 meters (m) for vibratory 
pile driving and removal), the calculated Level B Harassment Zone would 
be 6,309 m (6.3 kilometers (km)) rather than 15,848 m (15.8 km) that 
would be calculated with a 168 dB SPL rms in the proposed IHA. NMFS 
will continue to assume the USCG's conservative method for estimating 
the range through the breakwater (north), while all other distances are 
based on the sound hitting the shoreline (Table 3).
    Table 3 shows the results of the modeled underwater noise analysis 
for vibratory pile driving where 120 dB rms (Level B threshold) levels 
would end, and Figure 5-1 from the application shows the pattern of 
sound expected from vibratory pile extraction and pile installation, 
taking into account shielding from the Monterey Breakwater. From these 
data, a Level B zone of influence (ZOI) was calculated at approximately 
7.3 square kilometers (km\2\). The modeled distances shown in the table 
below are likely an overestimate of the extent of underwater noise, 
because practical spreading loss (15 log10) sound propagation were 
assumed, and the Monterey Breakwater would likely reduce noise 
considerably faster than assumed. Per the sound assessment completed 
for the project (included in Appendix A of the application) the 
following assumptions and parameters were used for the analysis: For 
vibratory pile installation, it is estimated that it would take 
approximately 20 minutes (1,200 seconds) to vibrate in each pile.

 Table 3--Modeled Extent of Level B Zones From Vibratory Pile Extraction
                               and Driving
------------------------------------------------------------------------
                                           Level B Zone (distance to 120
            Modeling scenario                         dB rms)
------------------------------------------------------------------------
Modeled north...........................  2,000 m
Modeled northeast shoreline.............  2,400 m
Modeled east to shoreline...............  1,800 m
Modeled south to shoreline..............  550 m
Area of Influence.......................  7.3 km\2\
------------------------------------------------------------------------
Notes: dB = decibel, RMS = root mean square.

    For impact pile driving in the proposed IHA, to estimate the extent 
of underwater noise, the software modeling package SoundPlan was used 
by the USCG to simulate sound transmission for the project. However, as 
part of the final IHA, NMFS considered revised source levels to 
determine the Level B Harassment zones based on more representative 
sound sources to project specifics. With a revised source level of 187 
SPL rms (based on the California Department of Transportation 
Compendium of Pile Driving Sound Data Report (Caltrans 2007) for 14-in 
steel piles with a source level of 187 dB SPL rms (177 dB SEL) at 10 m 
for impact pile driving) minus 5 dB for using sound attenuated devices, 
the source level would then be 182 SPL rms and the calculated Level B 
Harassment Zone would be 293 m rather than 465 m that was calculated in 
the proposed IHA with a 195 dB SPL rms. A 5 dB reduction was used in 
the final IHA rather than a 10 dB reduction that was used in the 
proposed IHA based on the variability of the efficacy of sound 
attenuation devices. NMFS will continue to assume the USCG's 
conservative method for estimating the range through the breakwater 
(north), while all other distances are based on the recalculated 
distance of 293 m as described above and in Table 4.

[[Page 61549]]



        Table 4--Extent of Level B Zones From Impact Pile Driving
------------------------------------------------------------------------
                                           Distance to marine mammal
                                                    criteria
                                      ----------------------------------
          Modeling scenario                 rms (dB re: 1[micro]Pa)
                                      ----------------------------------
                                           160 dB (Level B threshold)
------------------------------------------------------------------------
Modeled attenuated noise transmission  76 m
 north and northeast (through
 breakwater).
Recalculated attenuated noise          293 m
 transmission in all other directions.
Area of Influence....................  0.27 km\2\
------------------------------------------------------------------------
Notes: Assumes 5 dB of underwater noise attenuation by using a bubble
  curtain during pile driving. Distances and method of calculation are
  presented in Appendix A of the application.
dB = decibel, rms = root mean square (dB re: 1[micro]Pa).

    The incidental take requested is Level B harassment of any marine 
mammal occurring within the 160 dB rms disturbance threshold during 
impact pile driving of 14-in steel pipe piles; the 120 dB rms 
disturbance threshold for vibratory pile driving of 14-in steel pipe 
piles; and the 120 dB rms disturbance threshold for vibratory removal 
of 16-in to 18-in timber piles. Level B harassment zones have been 
established as described in Tables 3 and 4 that will be in place during 
active pile removal or installation.
    When NMFS Technical Guidance (NMFS 2016) was published, in 
recognition of the fact that ensonified area/volume could be more 
technically challenging to predict because of the duration component in 
the new thresholds, we developed a User Spreadsheet that includes tools 
to help predict a simple isopleth that can be used in conjunction with 
marine mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which will result in some degree of 
overestimate of Level A take. However, these tools offer the best way 
to predict appropriate isopleths when more sophisticated 3D modeling 
methods are not available, and NMFS continues to develop ways to 
quantitatively refine these tools, and will qualitatively address the 
output where appropriate. For stationary sources such as vibratory and 
impact pile driving, NMFS's User Spreadsheet predicts the closest 
distance at which, if a marine mammal remained at that distance the 
whole duration of the activity, it would not incur PTS. Inputs used in 
the User Spreadsheet, and the resulting isopleths are reported below 
(Tables 5 and 6).
    The PTS isopleths were identified for each hearing group for impact 
and vibratory installation and removal methods that will be used in the 
Monterey Station Project. The PTS isopleth distances were calculated 
using the NMFS acoustic threshold calculator (NMFS 2016), with inputs 
based on measured and surrogate noise measurements. Tables 5 and 6 have 
been revised since the proposed IHA and uses data that is more 
representative to project specifics. Data from WSDOT Friday Harbor data 
(2010) for 24-in steel piles with a source level of 162 dB SPLrms (at 
10 m) was used to characterize the sound that would be produced from 
vibratory pile driving and removal. For impact pile driving, data from 
the Caltrans (2007) with a source level (in SEL) of 172 dB at a 
distance of 10 m with an average 30 strikes per pile was used.

            Table 5--NMFS Technical Acoustic Guidance User Spreadsheet Input To Predict PTS Isopleths
                                            [User spreadsheet input]
----------------------------------------------------------------------------------------------------------------
                                                    Sound source 1                      Sound source 2
                                         -----------------------------------------------------------------------
          Spreadsheet Tab Used                (A) Vibratory pile driving           (E.1) Impact pile driving
                                              (removal and installation)                (installation)
----------------------------------------------------------------------------------------------------------------
Source Level (rms SPL)..................  162 dB............................
Source Level (Single Strike/shot SEL)...  ..................................  172 dB
Weighting Factor Adjustment (kHz).......  2.5...............................  2
(a) Number of strikes in 1 h............  ..................................  30
(a) Activity Duration (h) within 24-h     4.................................  5
 period.
Propagation (xLogR).....................  15................................  15
Distance of source level measurement      10................................  10
 (meters)+.
----------------------------------------------------------------------------------------------------------------


 Table 6--NMFS Technical Acoustic Guidance User Spreadsheet Output for Predicted PTS Isopleths and Level A Daily
                                                Ensonified Areas
                                            [User spreadsheet output]
----------------------------------------------------------------------------------------------------------------
                                  Low-frequency   Mid-frequency   High-frequency      Phocid          Otariid
       Sound source type            cetaceans       cetaceans       cetaceans        pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
                                              PTS Isopleth (meters)
----------------------------------------------------------------------------------------------------------------
Vibratory (removal and                     20.1             1.8             29.7            12.2             0.9
 installation).................

[[Page 61550]]

 
Impact (installation)..........            52.1             1.9             62.1            27.9             2.0
----------------------------------------------------------------------------------------------------------------
                                          Daily ensonified area (km\2\)
----------------------------------------------------------------------------------------------------------------
Vibratory (pile removal and             0.00127         0.00001          0.00277         0.00046         0.00000
 installation).................
Impact (installation)..........         0.00853         0.00001          0.01212         0.00245         0.00001
----------------------------------------------------------------------------------------------------------------

    Table 7 below shows the Level A Harassment exclusion zones that 
were rounded up slightly from the output generated in the NMFS 
Technical Acoustic Guidance User Spreadsheet (Table 6).

                                   Table 7--Level A Harassment Exclusion Zones
----------------------------------------------------------------------------------------------------------------
                                  Low-frequency   Mid-frequency   High-frequency      Phocid          Otariid
       Sound source type            cetaceans       cetaceans       cetaceans        pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
                                             Exclusion Zone (meters)
----------------------------------------------------------------------------------------------------------------
Vibratory (removal and                       21              10               30              13              10
 installation).................
Impact (installation)..........              53              10               63              28              10
----------------------------------------------------------------------------------------------------------------

Marine Mammal Occurrence and Take Calculation and Estimation

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculation and we describe how the marine mammal occurrence 
information is brought together to produce a quantitative take 
estimate.
    Take estimates are based on the number of animals per unit area in 
the project area multiplied by the area size of ensonified zones within 
which received noise levels exceed certain thresholds (i.e., Level B 
harassment) from specific activities, then multiplied by the total 
number of days such activities would occur. Local abundance data are 
used for take calculations for the authorized take where density is not 
available or applicable to the project area.
    Unless otherwise described, incidental take is estimated by the 
following equation:

Incidental take estimate = species density * zone of influence (7.3 
km\2\) * days of pile-related activity (8 days).
Harbor Seals
    Pacific harbor seals are much less abundant in the project area 
than California sea lions, and only two annual surveys conducted since 
1998 identified any individuals. The 2004 annual pinniped survey 
conducted by NMFS counted 28 Pacific harbor seals in Monterey Harbor in 
2004, and 1 in 2005 (Lowry 2012). Pacific harbor seals hauled-out along 
Cannery Row, north of the Monterey Breakwater, ranged from 1 to 24 in 
2002, 2004, and 2009. During repairs on the Pier in 2009, Pacific 
harbor seals were occasionally observed in the nearby waters, but were 
never observed to haul-out on the breakwater (Harvey and Hoover 2009). 
The density for harbor seals was determined by drawing a 5 km radius in 
ArcGIS with the jetty haul-out site at the center. The area within this 
circle was calculated, excluding the land, resulting in a 29 km\2\ 
foraging area. The calculation for take of harbor seals estimate 
assumes 28 individuals (the most observed during any single survey) to 
be in the water at any given time within 5 km of the breakwater (area 
29 km\2\); therefore, the calculated density is 0.97 seals/km\2\. The 
estimated Level B take is 0.97 seals multiplied by 7.3 km\2\ and 8 days 
of activity for a total of 57 harbor seals (see Table 7). Since the 
calculated Level A zones of phocids are small and mitigation is in 
place to avoid Level A take (Table 6), we do not consider it likely 
that any harbor seals would be taken by Level A harassment.
California Sea Lions
    The calculation for Level B take of California sea lions in the 
water assumes an average density of 8.62 individuals/km\2\. This 
density was determined by drawing a 5 km radius in ArcGIS with the 
jetty haul-out site at the center. The area within this circle was 
calculated, excluding the land, resulting in a 29 km\2\ foraging area. 
An average of 250 sea lions were assumed in the water at any given 
time. Therefore, 250 sea lions divided by 29 km\2\ equals 8.62 sea 
lions/km\2\. Estimated take is then calculated using 8.62 sea lions 
multiplied by 7.3 km\2\ and 8 days of activity for a total of 504 
California sea lions (see Table 7). For the additional California sea 
lions that are present on the breakwater (which we would also expect to 
enter the water during the project): The overall average number of sea 
lions for all of the surveys of the Monterey Breakwater combined was 
250 individuals. Therefore, 250 animals was multiplied by 8 days of 
activity for a total of 2,000 California sea lions (see Table 7). Since 
the calculated Level A zones of otariids are all very small and 
mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any sea lions would be taken by Level A 
harassment.
Killer Whale
    Due to the low frequency and unpredictability of killer whales 
entering the project area, the application of a density equation is not 
reasonable for predicting take. When transient killer whales enter 
Monterey Bay, they typically are in groups of 3 to 8 at a time (Guzman 
2016). To be conservative, the take estimate for Level B harassment is 
based on a larger group of eight transient killer whales that may enter 
the area (Table 7). Offshore killer whales are more of a rare 
occurrence in Monterey Bay; with the most recent documentation of 
approximately 25 whales in December 2016. Therefore,

[[Page 61551]]

the take estimate for Level B harassment is based on the possibility 
that a single occurrence of a smaller pod of 25 whales may enter the 
area (Table 7). Since the Level A zones of mid-frequency cetaceans are 
small and mitigation is in place to avoid Level A take (Table 6), we do 
not consider it likely that any killer whales would be taken by Level A 
harassment.
Bottlenose Dolphin
    Abundance and densities of cetaceans in the California Current 
ecosystem were conducted from 1991 to 2005 (Barlow, Forney 2007). The 
results of the surveys indicate that bottlenose dolphin population 
density throughout the entire west coast shoreline is 1.78 individuals/
100 km\2\. During the same survey, the mean group size for bottlenose 
dolphins observed in Central California was four individuals. Other, 
more recent data suggest that densities may be up to 0.04/km\2\ (Weller 
2016). Even when using the higher density, estimated take results in 
very low numbers (<1 over the entire period of construction). Rather 
than using density calculations to estimate take, to be conservative, 
the Level B take is a small pod of 10 bottlenose dolphins (Table 7). 
Since the Level A zones of mid-frequency cetaceans are small and 
mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any bottlenose dolphins would be taken by Level 
A harassment.
Risso's Dolphin
    Because there is not reliable local data for Monterey Bay, the 
Level B take estimate for Risso's dolphins is a single occurrence of a 
small pod of 10 animals (see Table 7) as groups of Risso's dolphins 
average between 10-30 animals. Since the Level A zones of mid-frequency 
cetaceans are small and mitigation is in place to avoid Level A take 
(Table 6), we do not consider it likely that any Risso's dolphin would 
be taken by Level A harassment.
Harbor Porpoise
    An estimate of the density of harbor porpoise in the southern 
portion of Monterey Bay nearshore is approximately 2.321 per km\2\ 
(Forney et al., 2014). Therefore, the estimated take for Level B 
harassment is 2.231 porpoise multiplied by 7.3 km\2\ and 8 days of 
activity for a total of 136 harbor porpoise (see Table 7). Since the 
calculated Level A zones of high frequency cetaceans are small and 
mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any harbor porpoise would be taken by Level A 
harassment.
Humpback Whale
    Humpback whales are typically found further offshore than gray 
whales and occurrence is rare; however, since 2014 greater numbers of 
humpback whales have been observed in and near Monterey Bay by whale-
watching vessels. Because USCG will shutdown for all observed humpbacks 
(in Level A and B zones), no takes of humpback whales are authorized.
Gray Whale
    The occurrence of gray whales is extremely rare near shore in the 
project area. If gray whales would approach the project area they would 
be more likely to occur during the spring migration north, when they 
tend to stay closer to shore than during the winter southern migration. 
The NOAA National Center for Coastal Ocean Science (NCCOS) reported 
densities of gray whales at 0.1 to 0.5 per km\2\ (NCCOS 2007). 
Therefore, the estimated take for Level B harassment was calculated 
using the larger density of 0.5 whales per km\2\ multiplied by 7.3 
km\2\ and 8 days of activity for a total of 4 gray whales (see Table 
7). Since the Level A zones of low-frequency cetaceans are small and 
mitigation is in place to avoid Level A take (see Table 6) we do not 
consider it likely that any gray whales would be taken by Level A 
harassment during removal or impact installation.

                 Table 7--Summary of Requested Incidental Take by Level A and Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                                      Authorized Level B     Authorized
              Species                 Stock size             take            total take    Percent of population
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal (Phoca                  30,968  57...................              57  Less than 1.
 vitulina).
California sea lion (Zalophus              296,750  504 (Animals already            2,504  Less than 1.
 californianus).                                     in the water).
California sea lion (Zalophus              296,750  2,000 (Animals that
 californianus).                                     enter the water from
                                                     the breakwater).
Transient killer whale (Orcinus                243  8....................               8  3.3.
 orca).
Offshore killer whale (Orcinus                 240  25 (single occurrence              25  10.42.
 orca).                                              of a small pod).
Bottlenose dolphin (Tursiops                   453  10 (single occurrence              10  4.19.
 truncatus).                                         of a small pod).
Risso's dolphin (Grampus griseus).           6,336  10 (single occurrence              10  Less than 1.
                                                     of a small pod).
Harbor porpoise (Phocoena                    3,715  136..................             136  3.66.
 phocoena).
Gray whale (Eschrichtius robustus)          20,990  4....................               4  Less than 1.
----------------------------------------------------------------------------------------------------------------

Mitigation Measures

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

[[Page 61552]]

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.
    Several measures for mitigating effects on marine mammals from the 
pile installation and removal activities at for the USCG Monterey 
Station and are described below.

Timing Restrictions

    All work will be conducted during daylight hours.

Noise Attenuation

    A bubble curtain and cushion pads will be used during pile driving 
activities with an impact hammer to reduce sound levels. In addition, 
the USCG will perform ``pre-drilling.'' Pre-drilling will be performed 
and discontinued when the pile tip is approximately five feet (ft) 
above the required pile tip elevation. Pre-drilling is a method that 
starts the ``hole'' for the new pile; the pile is inserted after the 
hole has been pre-drilled which creates less friction and overall noise 
and turbidity during installation.

Exclusion Zones

    Exclusion Zones calculated from the PTS isopleths (Table 7) will be 
implemented to protect marine mammals from Level A harassment (refer to 
Table 6). If a marine mammal is observed at or within the Exclusion 
Zone (Table 7), work will shut down (stop work) until the individual 
has been observed outside of the zone, or has not been observed for at 
least 15 minutes for pinnipeds and small cetaceans and 30 minutes for 
large whales.

Additional Shutdown Measures

    If a humpback whale is observed within the Level A or Level B 
zones, the USCG will implement shutdown measures. Work would not 
commence until 30-minutes after the last sighting of a humpback within 
these zones.
    USCG will implement shutdown measures if the number of authorized 
takes for any particular species reaches the limit under the IHA and if 
such marine mammals are sighted within the vicinity of the project area 
and are approaching the Level B harassment zone during in-water 
construction activities.
    If a marine mammal species under NMFS' jurisdiction is observed 
within the Level A or B zones that has not been authorized for take, 
the USCG will implement shutdown measures.

Level B Harassment Zones

    USCG will monitor the Level B harassment ZOIs as described in 
Tables 3 and 4.

Soft-Start for Impact Pile Driving

    For impact pile installation, contractors will provide an initial 
set of three strikes from the impact hammer at 40 percent energy, 
followed by a one-minute waiting period, then two subsequent three-
strike sets. Each day, USCG will use the soft-start technique at the 
beginning of impact pile driving, or if impact pile driving has ceased 
for more than 30 minutes.
    Based on our evaluation of the applicant's planned measures, as 
well as other measures considered by NMFS, NMFS has determined that the 
mitigation measures provide the means of effecting the least 
practicable impact on the affected species or stocks and their habitat, 
paying particular attention to rookeries, mating grounds, and areas of 
similar significance.

Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, requirements pertaining to 
the monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
action area. Effective reporting is critical both to compliance as well 
as ensuring that the most value is obtained from the required 
monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the 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.
    Marine mammal monitoring will be conducted in strategic locations 
around the area of potential effects at all times during in-water pile 
driving and removal as described below:
    [ssquf] During pile removal or installation the observer will 
monitor from the most practicable vantage point possible (i.e., the 
pier itself, the breakwater, adjacent boat docks in the harbor, or a 
boat) to determine whether marine mammals enter the Exclusion Zone and 
to record take when marine mammals enter the relevant Level B 
Harassment Zones based on type of construction activity; and
    [ssquf] If a marine mammal approaches an Exclusion Zone, the 
observation will be reported to the Construction Manager and the 
individual will be watched closely. If the marine mammal crosses into 
an Exclusion Zone, a stop-work order will be issued. In the event that 
a stop-work order is triggered, the observed marine mammal(s) will be 
closely monitored while it remains in or near the Exclusion Zone, and 
only when it moves well outside of the Exclusion Zone or has not been 
observed for at least 15 minutes for pinnipeds and 30 minutes for 
whales will the lead monitor allow work to recommence.

Protected Species Observers

    USCG shall employ a minimum of three NMFS-approved protected 
species observers (PSOs) to conduct marine mammal monitoring for its 
Monterey Station Project. The PSOs will observe and collect data on 
marine mammals in and around the project area for 30 minutes before, 
during, and for 30 minutes after all pile removal and pile installation 
work. NMFS-approved

[[Page 61553]]

PSOs shall meet the following requirements:
    1. Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance. Use of binoculars 
may be necessary to correctly identify the target;
    2. Advanced education in biological science, wildlife management, 
mammalogy or related fields (Bachelors degree or higher is preferred), 
but not required;
    3. Experience or training in the field identification of marine 
mammals (cetaceans and pinnipeds);
    4. Sufficient training, orientation or experience with the 
construction operation to provide for personal safety during 
observations;
    5. Ability to communicate orally, by radio or in person, with 
project personnel to provide real time information on marine mammals 
observed in the area as necessary;
    6. Experience and ability to conduct field observations and collect 
data according to assigned protocols (this may include academic 
experience);
    7. Writing skills sufficient to prepare a report of observations 
that would include such information as the number and type of marine 
mammals observed; the behavior of marine mammals in the project area 
during construction, dates and times when observations were conducted; 
dates and times when in-water construction activities were conducted; 
and dates and times when marine mammals were present at or within the 
defined ZOI;
    8. If a team of three or more observers are required, one observer 
should be designated as lead observer or monitoring coordinator. The 
lead observer must have prior experience working as an observer;
    9. NMFS will require submission and approval of observer CVs; and
    10. PSOs will monitor marine mammals around the construction site 
using high-quality binoculars (e.g., Zeiss, 10 x 42 power) and/or 
spotting scopes.
    11. If marine mammals are observed, the following information will 
be documented:
    (A) Date and time that monitored activity begins or ends;
    (B) Construction activities occurring during each observation 
period;
    (C) Weather parameters (e.g., percent cover, visibility);
    (D) Water conditions (e.g., sea state, tide state);
    (E) Species, numbers, and, if possible, sex and age class of marine 
mammals;
    (F) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile 
driving activity;
    (G) Distance from pile driving activities to marine mammals and 
distance from the marine mammals to the observation point;
    (H) Locations of all marine mammal observations; and
    (I) Other human activity in the area.

Reporting Measures

Marine Mammal Monitoring Report
    USCG will be required to submit a draft marine mammal monitoring 
report within 90 days after completion of the in-water construction 
work or the expiration of the IHA (if issued), whichever comes earlier. 
The report will include data from marine mammal sightings as described: 
Date, time, location, species, group size, and behavior, any observed 
reactions to construction, distance to operating pile hammer, and 
construction activities occurring at time of sighting and environmental 
data for the period (i.e., wind speed and direction, sea state, tidal 
state, cloud cover, and visibility). The marine mammal monitoring 
report will also include total takes, takes by day, and stop-work 
orders for each species. NMFS will have an opportunity to provide 
comments on the report, and if NMFS has comments, USCG will address the 
comments and submit a final report to NMFS within 30 days.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury (Level A harassment), serious injury, or 
mortality, USCG will immediately cease the specified activities and 
immediately report the incident to the Permits and Conservation 
Division, Office of Protected Resources, NMFS and the NMFS' West Coast 
Stranding Coordinator. The report must include the following 
information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description of the incident;
     Status of all sound source use in the 24 hrs preceding the 
incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hrs preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities will resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with USCG to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. USCG may not resume their 
activities until notified by NMFS via letter, email, or telephone.
Reporting of Injured or Dead Marine Mammals
    In the event that the USCG discovers an injured or dead marine 
mammal, and the lead PSO determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition as described in the next paragraph), 
USCG will immediately report the incident to the Permits and 
Conservation Division, Office of Protected Resources, NMFS and the 
NMFS' West Coast Stranding Coordinator. The report must include the 
same information identified in the paragraph above. Activities may 
continue while NMFS reviews the circumstances of the incident. NMFS 
will work with USCG to determine whether modifications in the 
activities are appropriate.
    In the event that USCG discovers an injured or dead marine mammal, 
and the lead PSO determines that the injury or death is not associated 
with or related to the activities authorized in the IHA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), USCG will report the incident to 
the Permits and Conservation Division, Office of Protected Resources, 
NMFS and the NMFS Stranding Hotline and/or by email to the NMFS' West 
Coast Stranding Coordinator within 24 hrs of the discovery. USCG will 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS. Activities may 
continue while NMFS reviews the circumstances of the incident.

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

[[Page 61554]]

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).
    No injury, serious injury or mortality is anticipated or authorized 
for the Monterey Station Project. Takes that are anticipated and 
authorized are expected to be limited to short-term Level B harassment 
(behavioral) only. Marine mammals present in the vicinity of the action 
area and taken by Level B harassment would most likely show overt brief 
disturbance (startle reaction) and avoidance of the area from elevated 
noise levels during pile driving and pile removal.
    There is one endangered species that may occur in the project area, 
humpback whales. However, if any humpbacks are detected within the 
Level B harassment zone of the project area, the USCG will shut down.
    The Monterey Breakwater is a haulout location for approximately 250 
California sea lions. There no other known critical habitat areas, 
haulouts or import feeding areas in close proximately to the project 
area.
    The project also is not expected to have significant adverse 
effects on affected marine mammals' habitat, as analyzed in detail in 
the ``Potential Effects of Specified Activities on Marine Mammals and 
their Habitat'' section. Project activities would not permanently 
modify existing marine mammal habitat. The activities may kill some 
fish and cause other fish to leave the area temporarily, thus impacting 
marine mammals' foraging opportunities in a limited portion of the 
foraging range; but, because of the short duration of the activities 
and the relatively small area of the habitat that may be affected, the 
impacts to marine mammal habitat are not expected to cause significant 
or long-term negative consequences. Therefore, given the consideration 
of potential impacts to marine mammal prey species and their physical 
environment, USCG's Monterey Station project would not adversely affect 
marine mammal habitat.
    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, serious injury or mortality is anticipated or 
authorized;
     Takes that are anticipated and authorized are expected to 
be limited to short-term Level B harassment (behavioral);
     The project also is not expected to have significant 
adverse effects on affected marine mammals' habitat;
     There are no known important feeding or pupping areas. 
There is one haulout (the breakwater) within the project area. There 
are no other known important areas for marine mammals with the 
footprint of the project area; and
     For four out of the seven species, take is less than one 
percent of the stock abundance. Instances of take for the other three 
species (killer whale, bottlenose dolphin, and harbor porpoise) range 
from 3-10 percent of the stock abundance.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the 
activity will have a negligible impact on all affected marine mammal 
species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, 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 factors may be 
considered in the analysis, such as the temporal or spatial scale of 
the activities.
    For four out of the seven species, take is less than one percent of 
the stock abundance. Instances of take for the other three species 
(killer whale, bottlenose dolphin, and harbor porpoise) range from 3-10 
percent of the stock abundance. Based on the analysis contained herein 
of the planned activity (including the mitigation and monitoring 
measures) and the anticipated take of marine mammals, NMFS 
preliminarily finds that small numbers of marine mammals will be taken 
relative to the population sizes of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

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

Endangered Species Act (ESA)

    Section 7(a)(2) of the ESA of 1973 (16 U.S.C. 1531 et seq.) 
requires that each Federal agency insure that any action it authorizes, 
funds, or carries out is not likely to jeopardize the continued 
existence of any endangered or threatened species or result in the 
destruction or adverse modification of designated critical habitat. To 
ensure ESA compliance for the issuance of IHAs, NMFS consults 
internally, in this case with the West Coast Regional Office, whenever 
we propose to authorize take for endangered or threatened species.
    NMFS is not authorizing take of humpback whales, which are listed 
under the ESA, as the applicant will implement shutdown measures 
whenever humpbacks are observed (Level A or B). Therefore, consultation 
under section 7 of the ESA is not required.

Authorization

    NMFS has issued an IHA to USCG for the potential harassment of 
small numbers of seven marine mammal species incidental to pile driving 
and removal activities at the USCG Monterey Station, Monterey, 
California from December 2017 to October 2018, provided the previously 
mentioned mitigation, monitoring, and reporting requirements.

    Dated: December 22, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-28029 Filed 12-27-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                61544                     Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                notification letter and most recent                     DEPARTMENT OF COMMERCE                                on the availability of the species or
                                                performance report may be obtained                                                                            stock(s) for subsistence uses (where
                                                upon request by contacting Ralph                        National Oceanic and Atmospheric                      relevant), and if the permissible
                                                Cantral.                                                Administration                                        methods of taking and requirements
                                                                                                        RIN 0648–XF460
                                                                                                                                                              pertaining to the mitigation, monitoring
                                                SUPPLEMENTARY INFORMATION:      Sections                                                                      and reporting of such takings are set
                                                312 and 315 of the Coastal Zone                         Taking and Importing Marine                           forth.
                                                Management Act (CZMA) require                           Mammals; Taking Marine Mammals                          NMFS has defined ‘‘negligible
                                                NOAA to conduct periodic evaluations                    Incidental to a Pile Driving Activities               impact’’ in 50 CFR 216.103 as an impact
                                                of federally-approved National                          for Waterfront Repairs at the U.S.                    resulting from the specified activity that
                                                Estuarine Research Reserves. The                        Coast Guard Station Monterey,                         cannot be reasonably expected to, and is
                                                process includes a public meeting,                      Monterey, California                                  not reasonably likely to, adversely affect
                                                consideration of written public                                                                               the species or stock through effects on
                                                comments and consultations with                         AGENCY:  National Marine Fisheries                    annual rates of recruitment or survival.
                                                interested Federal, state, and local                    Service (NMFS), National Oceanic and                    The MMPA states that the term ‘‘take’’
                                                                                                        Atmospheric Administration (NOAA),                    means to harass, hunt, capture, or kill,
                                                agencies and members of the public. For
                                                                                                        Commerce.                                             or attempt to harass, hunt, capture, or
                                                the evaluation of National Estuarine
                                                                                                        ACTION: Notice; issuance of an incidental             kill any marine mammal.
                                                Research Reserves, NOAA will consider                                                                           Except with respect to certain
                                                the extent to which the state has met the               harassment authorization.
                                                                                                                                                              activities not pertinent here, the MMPA
                                                national objectives, adhered to its                     SUMMARY:    In accordance with the                    defines ‘‘harassment’’ as any act of
                                                management plan approved by the                         regulations implementing the Marine                   pursuit, torment, or annoyance which (i)
                                                Secretary of Commerce, and adhered to                   Mammal Protection Act (MMPA) as                       has the potential to injure a marine
                                                the terms of financial assistance under                 amended, notification is hereby given                 mammal or marine mammal stock in the
                                                the Coastal Zone Management Act.                        that NMFS has issued an incidental                    wild (Level A harassment); or (ii) has
                                                When the evaluation is completed,                       harassment authorization (IHA) to the                 the potential to disturb a marine
                                                NOAA’s Office for Coastal Management                    U.S. Coast Guard (USCG) to incidentally               mammal or marine mammal stock in the
                                                will place a notice in the Federal                      harass, by Level B harassment only,                   wild by causing disruption of behavioral
                                                Register announcing the availability of                 marine mammals during pile driving                    patterns, including, but not limited to,
                                                the Final Evaluation Findings.                          activities associated with waterfront                 migration, breathing, nursing, breeding,
                                                  Specific information on the periodic                  repairs at the USCG Monterey Station in               feeding, or sheltering (Level B
                                                evaluation of reserves that are the                     Monterey, California.                                 harassment).
                                                subject of this notice are detailed below               DATES: This Authorization is applicable               National Environmental Policy Act
                                                as follows:                                             from December 20, 2017 through
                                                                                                        October 15, 2018.                                        In compliance with the National
                                                Padilla Bay National Estuarine                                                                                Environmental Policy Act of 1969
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                Research Reserve Evaluation                                                                                   (NEPA; 42 U.S.C. 4321 et seq.) and
                                                                                                        Stephanie Egger, Office of Protected                  NOAA Administrative Order (NAO)
                                                  You may participate or submit oral                    Resources, NMFS, (301) 427–8401.                      216–6A, NMFS reviewed our action
                                                                                                        Electronic copies of the applications                 (i.e., the issuance of an incidental
                                                comments at the public meeting
                                                                                                        and supporting documents, as well as a                harassment authorization) with respect
                                                scheduled as follows:
                                                                                                        list of the references cited in this                  to potential impacts on the human
                                                  Date: Wednesday, February 28, 2018.                   document, may be obtained online at                   environment. Accordingly, NMFS
                                                  Time: 7:00 p.m., local time.                          www.nmfs.noaa.gov/pr/permits/                         reviewed and adopted the USCG’s
                                                                                                        incidental/construction.htm. In case of               Supplemental Environmental
                                                  Location: Padilla Bay Reserve
                                                                                                        problems accessing these documents,                   Assessment entitled Supplemental
                                                Interpretive Center, 10441 Bayview-
                                                                                                        please call the contact listed above.                 Environmental Assessment for
                                                Edison Road, Mt. Vernon, WA 98273.
                                                                                                        SUPPLEMENTARY INFORMATION:                            Waterfront Repairs at U.S. Coast Guard
                                                  Written comments must be received
                                                                                                        Background                                            Station Monterey, Monterey, California,
                                                on or before March 9, 2018.
                                                                                                                                                              and signed a Finding of No Significant
                                                  Dated: December 18, 2017.                               Sections 101(a)(5)(A) and (D) of the                Impact on November 9, 2017.
                                                Keelin Kuipers,                                         MMPA (16 U.S.C. 1361 et seq.) direct
                                                                                                        the Secretary of Commerce (as delegated               Summary of Request
                                                Acting Deputy Director, Office for Coastal
                                                                                                        to NMFS) to allow, upon request, the                     On February 10, 2017, NMFS received
                                                Management, National Ocean Service,
                                                National Oceanic and Atmospheric
                                                                                                        incidental, but not intentional, taking of            a request from the USCG for an IHA to
                                                Administration.                                         small numbers of marine mammals by                    take marine mammals incidental to pile
                                                                                                        U.S. citizens who engage in a specified               driving activities for waterfront
                                                  Federal Domestic Assistance Catalog                   activity (other than commercial fishing)              restoration, at the USCG Station
                                                11.419                                                  within a specified geographical region if             Monterey in Monterrey, California.
                                                  Coastal Zone Management Program                       certain findings are made and either                  USCG’s request is for take of eight
                                                Administration                                          regulations are issued or, if the taking is           species of marine mammals, by Level B
                                                                                                        limited to harassment, a notice of a
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                                                [FR Doc. 2017–28110 Filed 12–27–17; 8:45 am]                                                                  harassment. Neither USCG nor NMFS
                                                BILLING CODE 3510–08–P                                  proposed authorization is provided to                 expect mortality to result from this
                                                                                                        the public for review.                                activity and, therefore, an IHA is
                                                                                                          An authorization for incidental                     appropriate.
                                                                                                        takings shall be granted if NMFS finds                   NMFS previously issued an IHA to
                                                                                                        that the taking will have a negligible                the USCG for similar work (79 FR
                                                                                                        impact on the species or stock(s), will               57052; September 24, 2014). However,
                                                                                                        not have an unmitigable adverse impact                no work was conducted under that IHA.


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                                                                          Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                          61545

                                                Description of Specific Activity                        Comments and Responses                                   D USCG shall employ at least three
                                                   USCG Station Monterey occupies an                       A notice of NMFS’s proposal to issue               NMFS-approved PSOs to conduct
                                                upland site and adjacent waterside                      an IHA to the USCG was published in                   marine mammal monitoring for its
                                                structures including a 1,700-foot                       the Federal Register on September 24,                 construction project.
                                                                                                                                                                 D PSOs shall conduct baseline
                                                breakwater, a wharf constructed over                    2014 (79 FR 57052). That notice
                                                                                                                                                              monitoring for two days during the
                                                the breakwater, and floating docks to the               described, in detail, USCG activity, the
                                                                                                                                                              week prior to pile removal and driving.
                                                east of the wharf in Monterey Harbor,                   marine mammal species that may be                        D During pile removal or installation,
                                                Monterey, California. The USCG intends                  affected by the activity, and the                     at least three PSOs shall be used, and
                                                to conduct maintenance on the existing                  anticipated effects on marine mammals.                positioned such that each monitor has
                                                wharf, which is used to berth vessels                   During the 30-day public comment                      the best vantage point available,
                                                that are critical to support USCG Station               period, NMFS received comments from                   including the USCG pier, jetty, adjacent
                                                Monterey’s mission.                                     the Marine Mammal Commission                          docks within the harbor, to maintain an
                                                   The planned project requires                         (Commission).                                         excellent view of the exclusion zone
                                                replacement of 17 timber (16 to 18-in in                   Comment 1: NMFS received a
                                                                                                                                                              and adjacent areas during the survey
                                                diameter) piles including removal of the                comment from the Commission and
                                                                                                                                                              period. Monitors would be equipped
                                                existing timber deck, replacing stringers,              while the Commission agrees with
                                                                                                                                                              with radios or cell phones for
                                                steel pipe caps, steel support beams,                   NMFS’s determinations, it recommends
                                                                                                                                                              maintaining contact with work crews.
                                                and hardware in order to access the                     that NMFS follow NMFS’s policy of a                      D Vessel-based visual marine mammal
                                                timber piles. The timber piles will be                  24-hour reset for enumerating the                     monitoring within the 120 dB and 160
                                                removed using vibratory pile driving.                   number of marine mammals that could                   dB ZOIs shall be conducted during 10
                                                Each timber pile will be replaced with                  be taken during the planned activities                percent of the vibratory pile driving and
                                                a 14-in steel pipe pile installed using a               by applying standard rounding rules                   removal and impact pile driving
                                                vibratory hammer (the preferred                         before summing the numbers of                         activities, respectively.
                                                method) and each pipe pile will be                      estimated takes across survey sites and                  Comment 3: The Commission and
                                                positioned and installed in the footprint               survey days.                                          NMFS discussed effectiveness of the
                                                of the extracted timber pile. Pile                         Response 1: Calculating predicted                  sound attenuation devices, which
                                                proofing will be conducted via impact                   take is not an exact science and there                resulted in a change from a 10 dB
                                                hammer. If, due to substrate or                         are arguments for using different                     reduction to 5 dB during impact pile
                                                breakwater armor, a pipe pile is unable                 mathematical approaches in different                  driving. The adjusted source levels
                                                to be driven to 30 feet below the mud                   situations, and for making qualitative                decreased the zones for both Level A
                                                line using a vibratory hammer, then an                  adjustments in other situations. NMFS                 and Level B harassment, but did not
                                                impact hammer will be used; and if the                  is currently engaged in developing a                  change the number of authorized takes.
                                                pile cannot be driven with an impact                    protocol to help guide its take                          Response 3: As agreed upon with the
                                                hammer, the pipe pile would be posted                   calculations given particular situations              Commission, NMFS outlined the
                                                onto the armor stone. The steel pipe                    and circumstances. We believe,                        justification for the adjusted sources
                                                piles would not be filled with concrete.                however, that the methodology for this                levels in the final IHA.
                                                Pile installation would be adjacent to a                action is appropriate and is not at odds                 Comment 4: The Commission also
                                                rock jetty that would provide substantial               with the 24-hour reset policy the                     recommended the NMFS re-evaluate the
                                                underwater shielding of sound                           Commission references.                                USCG hydroacoustic monitoring plan to
                                                transmission to areas north (or through                    Comment 2: The Commission                          ensure the acoustic thresholds, various
                                                the jetty).                                             recommends NMFS include previous                      metrics, and methods are current.
                                                   Pile-driving activities are expected to              mitigation and monitoring measures                       Response 4: As agreed upon with the
                                                occur for an estimated minimum of                       from the 2014 IHA (e.g., vessel based                 Commission, NMFS requested the
                                                three to a maximum of eight days of the                 monitoring, additional baseline                       USCG update their hydroacoustic
                                                total construction time. It is assumed                  monitoring) as well as clarifying the                 monitoring plan to ensure it is current.
                                                that driving time would be                              number of Protected Species Observers                 Those revisions included ensuring the
                                                approximately 20 minutes (min) per pile                 (PSOs) that will be used for the project              appropriate thresholds and weighting
                                                for vibratory or impact pile driving. It is             and where the PSOs would be                           parameters, hearing ranges, and
                                                assumed that vibratory extraction of the                positioned for the most effective                     functional hearing group delineations
                                                existing piles would take approximately                 monitoring.                                           are used and distances reported
                                                10 min per pile. Pile driving and                          Response: As discussed with the                    accordingly (including for cumulative
                                                extraction would therefore result in an                 Commission, NMFS has incorporated or                  sound exposure levels), increasing the
                                                estimated of 240 min per day (4 hours                   expanded on these measures in the IHA.                measurement capabilities from 10 to 20
                                                (hrs)); 510 min for the total project or                   D USCG shall conduct in-situ                       kHz, ensuring ambient conditions are
                                                approximately 8.5 hrs. In-water noise                   monitoring during the installation of                 recorded appropriately (e.g., in
                                                from pile driving activities will result in             five piles and removal of five piles.                 continuous 10-minute intervals),
                                                the take, by Level B harassment only, of                USCG shall adjust Level B harassment                  ensuring the impulse duration is
                                                eight species of marine mammals.                        zones of influence (ZOIs) as necessary                reported and represents the duration
                                                   A detailed description of the planned                where received underwater sound                       that contains 90 percent of pulse energy
                                                pile driving project is provided in the                 pressure levels (SPLs) are higher than                (including using the appropriate
                                                Federal Register notice for the proposed                160 decibels (dB) root mean square
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                                                                                                                                                              recording devices to obtain those
                                                IHA (82 FR 42986; September 13, 2017).                  (rms) and 120 dB (rms) re 1 micro Pascal              measurements), and reporting the depth
                                                Since that time, no changes have been                   (mPa) for impulse noise sources (impact               of the 10-m hydrophone.
                                                made to the planned USCG activities.                    pile driving) and non-impulses noise
                                                Therefore, a detailed description is not                sources (vibratory pile driving),                     Description of Marine Mammals in the
                                                provided here. Please refer to that                     respectively. USCG shall adjust Level A               Area of Specified Activities
                                                Federal Register notice for the                         harassment zones based on measured                      The marine mammal species under
                                                description of the specific activity.                   SELs as necessary.                                    NMFS’s jurisdiction that have the


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                                                61546                                Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                potential to occur in the construction                                      (Orcinus orca), gray whale (Megaptera                                       Humpback whales are protected under
                                                area include California sea lion                                            novaengliae), humpback whale                                                the Endangered Species Act (ESA).
                                                (Zalophus californianus), Pacific harbor                                    (Eschrichtius robustus), and southern                                       Pertinent information for each of these
                                                seal (Phoca vitulina), harbor porpoise                                      sea otters (Enhydra lutris nereis). The                                     species is presented in this document to
                                                (Phocoena phocoena), Risso’s dolphin                                        southern sea otter is managed by the                                        provide the necessary background to
                                                (Grampus griseus), bottlenose dolphin                                       U.S. Fish and Wildlife Service and not                                      understand their demographics and
                                                (Tursiops truncates), killer whale                                          discussed further in this authorization.                                    distribution in the area.
                                                                                   TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY
                                                                                                                                                                                             ESA/             Stock abundance
                                                                                                                                                                                            MMPA                 (CV, Nmin,                             Annual
                                                          Common name                                  Scientific name                                     Stock                            status;              most recent                 PBR        M/SI 3
                                                                                                                                                                                           strategic             abundance
                                                                                                                                                                                            (Y/N) 1               survey) 2

                                                                                                             Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

                                                                                                                                                  Family Eschrichtiidae

                                                Gray whale ..............................     Eschrichtius robustus .............        Eastern North Pacific .............              -; N         20,990 (0.05; 20,125; 2011) ..          624          132

                                                                                                                                                    Family Balaenidae

                                                Humpback whale .....................          Megaptera novaeangliae                     California/Oregon/Washington                     E; D         1,918 (0.03; 1,855; 2011) ......        11.0        ≥5.5
                                                                                               novaeangliae.

                                                                                                                Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                                                                                                                   Family Delphinidae

                                                Killer whale ..............................   Orcinus orca ...........................   Eastern North Pacific Off-                       -; N         240 (0.49; 162; 2008) ............       1.6              0
                                                                                                                                           shore.
                                                Killer whale ..............................   Orcinus orca ...........................   West Coast Transient ............                -; N         243 (na; 243; 2009) ...............      2.4           0
                                                Risso’s dolphin ........................      Grampus griseus ....................       California/Oregon/Washington                     -; N         6,336 (0.32; 4,817; 2014) ......          46        ≥3.7
                                                Bottlenose dolphin ...................        Tursiops truncatus ..................      California Coastal ...................           -; N         453 (0.06; 346; 2011) ............       2.7        ≥2.0

                                                                                                                                          Family Phocoenidae (porpoises)

                                                Harbor Porpoise ......................        Phocoena phocoena ..............           Monterey Bay .........................           -; N         3,715 (0.51; 2,480; 2011) ......            25            0

                                                                                                                                  Order Carnivora—Superfamily Pinnipedia

                                                                                                                                  Family Otariidae (eared seals and sea lions)

                                                California sea lion ....................      Zalophus californianus ...........         U.S. ........................................    -; N         296,750 (na; 153,337; 2011)            9,200         389

                                                                                                                                          Family Phocidae (earless seals)

                                                Harbor seal ..............................    Phoca vitulina .........................   California ................................      -; N         30,968 (na; 27,348; 2012) .....        1,641          43
                                                  1 Endangered    Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the
                                                ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
                                                which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically
                                                designated under the MMPA as depleted and as a strategic stock.
                                                  2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; N
                                                                                                                                                                                 min is the minimum estimate of stock
                                                abundance. In some cases, CV is not applicable.
                                                  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 fish-
                                                eries, ship strike). Annual mortality/serious injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV as-
                                                sociated with estimated mortality due to commercial fisheries is presented in some cases.



                                                  A detailed description of the of the                                        Although more of a rare occurrence,                                       Potential Effects of Specified Activities
                                                species likely to be affected by the                                        approximately 25 offshore killer whales                                     on Marine Mammals and Their Habitat
                                                USCG’s waterfront project, including                                        were observed in December 2016 in
                                                brief introductions to the species and                                      Monterey Bay. Offshore pods are                                                The effects of underwater noise from
                                                relevant stocks as well as available                                        usually found in groups of 30–60 or                                         pile driving activities for the USCG’s
                                                information regarding population trends                                     more individuals and they are seldom                                        waterfront restoration project have the
                                                and threats, and information regarding                                      seen in protected coastal waters.                                           potential to result in behavioral
                                                local occurrence, were provided in the                                      However, when observed in Monterey                                          harassment of marine mammals in the
                                                Federal Register notice for the proposed                                    Bay, offshore killer whales have been                                       vicinity of the action area. The project
                                                IHA (82 FR 42986; September 13, 2017).                                      observed during the winter.                                                 would not result in permanent impacts
                                                Since that time, we are not aware of any                                                                                                                to habitats used directly by marine
                                                                                                                              Please refer to that Federal Register                                     mammals, such as the adjacent jetty that
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                                                changes in the status of these species                                      notice for all other species descriptions.                                  is used as a haulout site by pinnipeds,
                                                and stocks; therefore, detailed                                             Please also refer to NMFS’ website                                          but may have potential short-term
                                                descriptions are not provided here.                                         (www.nmfs.noaa.gov/pr/species/                                              impacts to food sources such as forage
                                                However, information on a recent rare                                       mammals/) for generalized species                                           fish and minor impacts on turbidity
                                                occurrence of offshore killer whales was                                    accounts.                                                                   during installation and removal of piles,
                                                not previously included in the proposed
                                                                                                                                                                                                        etc. In addition, a concurrence letter
                                                IHA and therefore is described below.
                                                                                                                                                                                                        was issued by NMFS (2013) (and still


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                                                                            Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                                                 61547

                                                applies) concluding that the USCG’s                          disruption of behavioral patterns for                                 what the available science indicates and
                                                action would adversely affect EFH for                        individual marine mammals resulting                                   the practical need to use a threshold
                                                various Federally managed fish species,                      from exposure to noise from pile driving                              based on a factor that is both predictable
                                                including a temporary increase in                            and removal activities. Based on the                                  and measurable for most activities,
                                                suspended sediments in the water                             nature of the activity and the                                        NMFS uses a generalized acoustic
                                                column from pile driving and removal,                        anticipated effectiveness of the                                      threshold based on received level to
                                                conversion of soft bottom habitat to                         mitigation measures (i.e., shutdown                                   estimate the onset of behavioral
                                                artificial substrate, and an increase in                     measures—discussed in detail below in                                 harassment. NMFS predicts that marine
                                                underwater sound levels in the water                         Mitigation section), Level A harassment                               mammals are likely to be behaviorally
                                                column associated with pile driving.                         is neither anticipated nor authorized.                                harassed in a manner we consider Level
                                                However, the project includes measures                          As described previously, no mortality                              B harassment when exposed to
                                                to avoid, minimize, or otherwise offset                      is anticipated or authorized for this                                 underwater anthropogenic noise above
                                                adverse effects, such that NMFS has no                       activity. Below we describe how the                                   received levels of 120 dB re 1 mPa (rms)
                                                further EFH conservation                                     take is estimated.                                                    for continuous (e.g., vibratory pile-
                                                recommendations to provide (NOAA                                Described in the most basic way, we                                driving, drilling) sources and above 160
                                                2013).                                                       estimate take by considering: (1)                                     dB re 1 mPa (rms) for non-explosive
                                                  The Federal Register notice for the                        Acoustic thresholds above which NMFS                                  impulsive (e.g., seismic airguns) or
                                                proposed IHA (82 FR 42986; September                         believes the best available science                                   intermittent (e.g., scientific sonar)
                                                13, 2017) included additional                                indicates marine mammals will be                                      sources. USCG’s planned activity
                                                discussion of the effects of                                 behaviorally harassed or incur some                                   includes the use of continuous
                                                anthropogenic noise on marine                                degree of hearing impairment; (2) the                                 (vibratory pile driving and removal) and
                                                mammals, therefore that information is                       area or volume of water that will be                                  impulsive (impact pile driving) sources,
                                                not repeated here; please refer to the                       ensonified above these levels in a day;                               and, therefore, the 120 and 160 dB re 1
                                                Federal Register notice (82 FR 42986;                        (3) the density or occurrence of marine                               mPa (rms) are applicable.
                                                September 13, 2017) for that                                 mammals within these ensonified areas;
                                                                                                                                                                                     Level A harassment for non-explosive
                                                information.                                                 and, (4) and the number of days of
                                                                                                                                                                                   sources—NMFS’s Technical Guidance
                                                                                                             activities. Below, we describe these
                                                Estimated Take                                                                                                                     for Assessing the Effects of
                                                                                                             components in more detail and present
                                                                                                                                                                                   Anthropogenic Sound on Marine
                                                   This section provides an estimate of                      the take estimate.
                                                                                                                                                                                   Mammal Hearing (NMFS, 2016a)
                                                the number of incidental takes for
                                                                                                             Acoustic Thresholds                                                   identifies dual criteria to assess auditory
                                                authorization through this IHA, which
                                                                                                               Using the best available science,                                   injury (Level A harassment) to five
                                                will inform both NMFS’s consideration
                                                                                                             NMFS has developed acoustic                                           different marine mammal groups (based
                                                of whether the number of takes is
                                                                                                             thresholds that identify the received                                 on hearing sensitivity) as a result of
                                                ‘‘small’’ and the negligible impact
                                                                                                             level of underwater sound above which                                 exposure to noise from two different
                                                determination.
                                                   Harassment is the only type of take                       exposed marine mammals would be                                       types of sources (impulsive or non-
                                                expected to result from these activities.                    reasonably expected to be behaviorally                                impulsive). USCG’s planned activity
                                                Except with respect to certain activities                    harassed (equated to Level B                                          includes the use of non-impulsive
                                                not pertinent here, section 3(18) of the                     harassment) or to incur PTS of some                                   (vibratory pile driving and removal) and
                                                MMPA defines ‘‘harassment’’ as any act                       degree (equated to Level A harassment).                               impulsive (impact pile driving) sources.
                                                of pursuit, torment, or annoyance which                        Level B Harassment for non-explosive                                  These thresholds were developed by
                                                (i) has the potential to injure a marine                     sources—Though significantly driven by                                compiling and synthesizing the best
                                                mammal or marine mammal stock in the                         received level, the onset of behavioral                               available science and soliciting input
                                                wild (Level A harassment); or (ii) has                       disturbance from anthropogenic noise                                  multiple times from both the public and
                                                the potential to disturb a marine                            exposure is also informed to varying                                  peer reviewers to inform the final
                                                mammal or marine mammal stock in the                         degrees by other factors related to the                               product, and are provided in Table 2
                                                wild by causing disruption of behavioral                     source (e.g., frequency, predictability,                              below. The references, analysis, and
                                                patterns, including, but not limited to,                     duty cycle), the environment (e.g.,                                   methodology used in the development
                                                migration, breathing, nursing, breeding,                     bathymetry), and the receiving animals                                of the thresholds are described in NMFS
                                                feeding, or sheltering (Level B                              (hearing, motivation, experience,                                     2016 Technical Guidance, which may
                                                harassment).                                                 demography, behavioral context) and                                   be accessed at: http://
                                                   Authorized takes would be by Level B                      can be difficult to predict (Southall et                              www.nmfs.noaa.gov/pr/acoustics/
                                                harassment only, in the form of                              al., 2007, Ellison et al., 2011). Based on                            guidelines.htm.

                                                                           TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
                                                                                                                                                              PTS onset thresholds
                                                                 Hearing group
                                                                                                                                         Impulsive                                                      Non-impulsive

                                                Low-Frequency (LF) Cetaceans .............           Lpk,flat:   219   dB;   LE,LF,24h: 183 dB ..........................................   LE,LF,24h: 199 dB.
                                                Mid-Frequency (MF) Cetaceans ............            Lpk,flat:   230   dB;   LE,MF,24h: 185 dB ..........................................   LE,MF,24h: 198 dB.
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                                                High-Frequency (HF) Cetaceans ...........            Lpk,flat:   202   dB;   LE,HF,24h: 155 dB ..........................................   LE,HF,24h: 173 dB.
                                                Phocid Pinnipeds (PW) (Underwater) ....              Lpk,flat:   218   dB;   LE,PW,24h: 185 dB .........................................    LE,PW,24h: 201 dB.
                                                Otariid Pinnipeds (OW) (Underwater) ....             Lpk,flat:   232   dB;   LE,OW,24h: 203 dB .........................................    LE,OW,24h: 219 dB.
                                                   * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul-
                                                sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should
                                                also be considered.




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                                                61548                     Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                   Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s.
                                                In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure
                                                is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being
                                                included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated
                                                with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
                                                cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
                                                thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for
                                                action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.


                                                Ensonified Area                                         driving and removal), the calculated                   TABLE 3—MODELED EXTENT OF LEVEL
                                                   Here, we describe operational and                    Level B Harassment Zone would be                        B ZONES FROM VIBRATORY PILE
                                                environmental parameters of the activity                6,309 m (6.3 kilometers (km)) rather                    EXTRACTION AND DRIVING—Contin-
                                                that will feed into identifying the area                than 15,848 m (15.8 km) that would be                   ued
                                                ensonified above the acoustic                           calculated with a 168 dB SPL rms in the
                                                thresholds.                                             proposed IHA. NMFS will continue to                                                          Level B Zone
                                                   Background noise is the sound level                  assume the USCG’s conservative                              Modeling scenario                 (distance to
                                                                                                        method for estimating the range through                                                      120 dB rms)
                                                that would exist without the planned
                                                activity (pile driving and removal, in                  the breakwater (north), while all other
                                                                                                        distances are based on the sound hitting              Modeled east to shoreline ....         1,800 m
                                                this case), while ambient sound levels                                                                        Modeled south to shoreline ..          550 m
                                                are those without human activity                        the shoreline (Table 3).                              Area of Influence ..................   7.3 km2
                                                (NOAA 2009). Natural actions that                          Table 3 shows the results of the
                                                contribute to ambient noise include                     modeled underwater noise analysis for                   Notes: dB = decibel, RMS = root mean
                                                                                                        vibratory pile driving where 120 dB rms               square.
                                                waves, wind, rainfall, current
                                                fluctuations, chemical composition, and                 (Level B threshold) levels would end,                  For impact pile driving in the
                                                biological sound sources (e.g., marine                  and Figure 5–1 from the application                 proposed IHA, to estimate the extent of
                                                mammals, fish, and shrimp, Carr et al.,                 shows the pattern of sound expected                 underwater noise, the software
                                                2006). Background noise levels will be                  from vibratory pile extraction and pile             modeling package SoundPlan was used
                                                compared to the NOAA/NMFS                               installation, taking into account                   by the USCG to simulate sound
                                                threshold levels designed to protect                    shielding from the Monterey                         transmission for the project. However,
                                                marine mammals to determine the Level                   Breakwater. From these data, a Level B              as part of the final IHA, NMFS
                                                B Harassment Zones for noise sources.                   zone of influence (ZOI) was calculated              considered revised source levels to
                                                The background noise at Monterey                        at approximately 7.3 square kilometers              determine the Level B Harassment zones
                                                Harbor is relatively high due to boat                   (km2). The modeled distances shown in               based on more representative sound
                                                traffic, foot traffic, and noise from the               the table below are likely an                       sources to project specifics. With a
                                                USCG Monterey Station.                                  overestimate of the extent of underwater            revised source level of 187 SPL rms
                                                   Pile installation would be adjacent to               noise, because practical spreading loss             (based on the California Department of
                                                a rock jetty that would provide                         (15 log10) sound propagation were                   Transportation Compendium of Pile
                                                substantial underwater shielding of                     assumed, and the Monterey Breakwater                Driving Sound Data Report (Caltrans
                                                sound transmission to areas north (or                   would likely reduce noise considerably              2007) for 14-in steel piles with a source
                                                through the jetty) (see Figure 1–2 of the               faster than assumed. Per the sound                  level of 187 dB SPL rms (177 dB SEL)
                                                Application).                                           assessment completed for the project                at 10 m for impact pile driving) minus
                                                   For vibratory pile driving in the                    (included in Appendix A of the                      5 dB for using sound attenuated devices,
                                                proposed IHA, to estimate the extent of                 application) the following assumptions              the source level would then be 182 SPL
                                                underwater noise, the software                          and parameters were used for the                    rms and the calculated Level B
                                                modeling package SoundPlan was used                     analysis: For vibratory pile installation,          Harassment Zone would be 293 m rather
                                                by the USCG to simulate sound                           it is estimated that it would take                  than 465 m that was calculated in the
                                                transmission for the project. However,                  approximately 20 minutes (1,200                     proposed IHA with a 195 dB SPL rms.
                                                as part of the final IHA, NMFS                          seconds) to vibrate in each pile.                   A 5 dB reduction was used in the final
                                                considered revised source levels to                                                                         IHA rather than a 10 dB reduction that
                                                determine the Level B Harassment zone                    TABLE 3—MODELED EXTENT OF LEVEL was used in the proposed IHA based on
                                                based on more representative sound                        B ZONES FROM VIBRATORY PILE the variability of the efficacy of sound
                                                sources to project specifics. With a                      EXTRACTION AND DRIVING                            attenuation devices. NMFS will
                                                revised source level of 162 dB SPL rms                                                                      continue to assume the USCG’s
                                                (based on Washington State Department                                                         Level B Zone  conservative method for estimating the
                                                                                                            Modeling scenario                  (distance to
                                                of Transportation (WSDOT) Friday                                                              120 dB rms)   range through the breakwater (north),
                                                Harbor data (2010) for 24-inch (in) steel                                                                   while all other distances are based on
                                                piles with a source level of 162 dB rms                 Modeled north ...................... 2,000 m        the recalculated distance of 293 m as
                                                at 10 meters (m) for vibratory pile                     Modeled northeast shoreline 2,400 m                 described above and in Table 4.
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                                                                                   Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                                                                          61549

                                                                                                 TABLE 4—EXTENT OF LEVEL B ZONES FROM IMPACT PILE DRIVING
                                                                                                                                                                                                                                           Distance to marine
                                                                                                                                                                                                                                            mammal criteria

                                                                                                                                                                                                                                                  rms
                                                                                                                             Modeling scenario                                                                                               (dB re: 1μPa)

                                                                                                                                                                                                                                                 160 dB
                                                                                                                                                                                                                                           (Level B threshold)

                                                Modeled attenuated noise transmission north and northeast (through breakwater) ..............................................................                                             76 m
                                                Recalculated attenuated noise transmission in all other directions ........................................................................................                               293 m
                                                Area of Influence .....................................................................................................................................................................   0.27 km2
                                                  Notes: Assumes 5 dB of underwater noise attenuation by using a bubble curtain during pile driving. Distances and method of calculation are
                                                presented in Appendix A of the application.
                                                  dB = decibel, rms = root mean square (dB re: 1μPa).


                                                  The incidental take requested is Level                                  predict takes. We note that because of                                           The PTS isopleths were identified for
                                                B harassment of any marine mammal                                         some of the assumptions included in the                                       each hearing group for impact and
                                                occurring within the 160 dB rms                                           methods used for these tools, we                                              vibratory installation and removal
                                                disturbance threshold during impact                                       anticipate that isopleths produced are                                        methods that will be used in the
                                                pile driving of 14-in steel pipe piles; the                               typically going to be overestimates of                                        Monterey Station Project. The PTS
                                                120 dB rms disturbance threshold for                                      some degree, which will result in some                                        isopleth distances were calculated using
                                                vibratory pile driving of 14-in steel pipe                                degree of overestimate of Level A take.                                       the NMFS acoustic threshold calculator
                                                piles; and the 120 dB rms disturbance                                     However, these tools offer the best way                                       (NMFS 2016), with inputs based on
                                                threshold for vibratory removal of 16-in                                  to predict appropriate isopleths when                                         measured and surrogate noise
                                                to 18-in timber piles. Level B                                            more sophisticated 3D modeling                                                measurements. Tables 5 and 6 have
                                                harassment zones have been established                                    methods are not available, and NMFS                                           been revised since the proposed IHA
                                                as described in Tables 3 and 4 that will
                                                                                                                          continues to develop ways to                                                  and uses data that is more
                                                be in place during active pile removal
                                                                                                                          quantitatively refine these tools, and                                        representative to project specifics. Data
                                                or installation.
                                                  When NMFS Technical Guidance                                            will qualitatively address the output                                         from WSDOT Friday Harbor data (2010)
                                                (NMFS 2016) was published, in                                             where appropriate. For stationary                                             for 24-in steel piles with a source level
                                                recognition of the fact that ensonified                                   sources such as vibratory and impact                                          of 162 dB SPLrms (at 10 m) was used
                                                area/volume could be more technically                                     pile driving, NMFS’s User Spreadsheet                                         to characterize the sound that would be
                                                challenging to predict because of the                                     predicts the closest distance at which, if                                    produced from vibratory pile driving
                                                duration component in the new                                             a marine mammal remained at that                                              and removal. For impact pile driving,
                                                thresholds, we developed a User                                           distance the whole duration of the                                            data from the Caltrans (2007) with a
                                                Spreadsheet that includes tools to help                                   activity, it would not incur PTS. Inputs                                      source level (in SEL) of 172 dB at a
                                                predict a simple isopleth that can be                                     used in the User Spreadsheet, and the                                         distance of 10 m with an average 30
                                                used in conjunction with marine                                           resulting isopleths are reported below                                        strikes per pile was used.
                                                mammal density or occurrence to help                                      (Tables 5 and 6).

                                                            TABLE 5—NMFS TECHNICAL ACOUSTIC GUIDANCE USER SPREADSHEET INPUT TO PREDICT PTS ISOPLETHS
                                                                                                                                           [User spreadsheet input]

                                                                                                                                                           Sound source 1                                                      Sound source 2
                                                                       Spreadsheet Tab Used                                               (A) Vibratory pile driving (removal and                               (E.1) Impact pile driving (installation)
                                                                                                                                                        installation)

                                                Source Level (rms SPL) ................................................               162 dB.
                                                Source Level (Single Strike/shot SEL) ..........................                      .....................................................................   172 dB
                                                Weighting Factor Adjustment (kHz) ..............................                      2.5 ...............................................................     2
                                                (a) Number of strikes in 1 h ..........................................               .....................................................................   30
                                                (a) Activity Duration (h) within 24-h period ...................                      4 ..................................................................    5
                                                Propagation (xLogR) .....................................................             15 ................................................................     15
                                                Distance of source level measurement (meters)∂ .......                                10 ................................................................     10


                                                  TABLE 6—NMFS TECHNICAL ACOUSTIC GUIDANCE USER SPREADSHEET OUTPUT FOR PREDICTED PTS ISOPLETHS AND
                                                                                   LEVEL A DAILY ENSONIFIED AREAS
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                                                                                                                                          [User spreadsheet output]

                                                                                                                                           Low-frequency              Mid-frequency               High-frequency                Phocid                 Otariid
                                                                             Sound source type                                               cetaceans                 cetaceans                    cetaceans                  pinnipeds             pinnipeds

                                                                                                                                            PTS Isopleth (meters)

                                                Vibratory (removal and installation) ...................................                                   20.1                          1.8                     29.7                     12.2               0.9



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                                                61550                            Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                  TABLE 6—NMFS TECHNICAL ACOUSTIC GUIDANCE USER SPREADSHEET OUTPUT FOR PREDICTED PTS ISOPLETHS AND
                                                                             LEVEL A DAILY ENSONIFIED AREAS—Continued
                                                                                                                                      [User spreadsheet output]

                                                                                                                                      Low-frequency        Mid-frequency     High-frequency        Phocid            Otariid
                                                                           Sound source type                                            cetaceans           cetaceans          cetaceans          pinnipeds        pinnipeds

                                                Impact (installation) ............................................................               52.1                  1.9               62.1            27.9              2.0

                                                                                                                                     Daily ensonified area (km2)

                                                Vibratory (pile removal and installation) ............................                       0.00127               0.00001          0.00277          0.00046          0.00000
                                                Impact (installation) ............................................................           0.00853               0.00001          0.01212          0.00245          0.00001



                                                 Table 7 below shows the Level A                                      rounded up slightly from the output                       Acoustic Guidance User Spreadsheet
                                                Harassment exclusion zones that were                                  generated in the NMFS Technical                           (Table 6).

                                                                                                          TABLE 7—LEVEL A HARASSMENT EXCLUSION ZONES
                                                                                                                                      Low-frequency        Mid-frequency     High-frequency        Phocid            Otariid
                                                                           Sound source type                                            cetaceans           cetaceans          cetaceans          pinnipeds        pinnipeds

                                                                                                                                      Exclusion Zone (meters)

                                                Vibratory (removal and installation) ...................................                              21               10                 30                  13               10
                                                Impact (installation) ............................................................                    53               10                 63                  28               10



                                                Marine Mammal Occurrence and Take                                     2005 (Lowry 2012). Pacific harbor seals                   250 sea lions were assumed in the water
                                                Calculation and Estimation                                            hauled-out along Cannery Row, north of                    at any given time. Therefore, 250 sea
                                                   In this section we provide the                                     the Monterey Breakwater, ranged from 1                    lions divided by 29 km2 equals 8.62 sea
                                                information about the presence, density,                              to 24 in 2002, 2004, and 2009. During                     lions/km2. Estimated take is then
                                                or group dynamics of marine mammals                                   repairs on the Pier in 2009, Pacific                      calculated using 8.62 sea lions
                                                that will inform the take calculation and                             harbor seals were occasionally observed                   multiplied by 7.3 km2 and 8 days of
                                                we describe how the marine mammal                                     in the nearby waters, but were never                      activity for a total of 504 California sea
                                                                                                                      observed to haul-out on the breakwater                    lions (see Table 7). For the additional
                                                occurrence information is brought
                                                                                                                      (Harvey and Hoover 2009). The density                     California sea lions that are present on
                                                together to produce a quantitative take
                                                                                                                      for harbor seals was determined by                        the breakwater (which we would also
                                                estimate.
                                                                                                                      drawing a 5 km radius in ArcGIS with                      expect to enter the water during the
                                                   Take estimates are based on the
                                                                                                                      the jetty haul-out site at the center. The                project): The overall average number of
                                                number of animals per unit area in the
                                                                                                                      area within this circle was calculated,                   sea lions for all of the surveys of the
                                                project area multiplied by the area size
                                                                                                                      excluding the land, resulting in a 29                     Monterey Breakwater combined was 250
                                                of ensonified zones within which
                                                                                                                      km2 foraging area. The calculation for                    individuals. Therefore, 250 animals was
                                                received noise levels exceed certain
                                                                                                                      take of harbor seals estimate assumes 28                  multiplied by 8 days of activity for a
                                                thresholds (i.e., Level B harassment)
                                                                                                                      individuals (the most observed during                     total of 2,000 California sea lions (see
                                                from specific activities, then multiplied
                                                                                                                      any single survey) to be in the water at                  Table 7). Since the calculated Level A
                                                by the total number of days such                                      any given time within 5 km of the                         zones of otariids are all very small and
                                                activities would occur. Local abundance                               breakwater (area 29 km2); therefore, the                  mitigation is in place to avoid Level A
                                                data are used for take calculations for                               calculated density is 0.97 seals/km2.                     take (Table 6), we do not consider it
                                                the authorized take where density is not                              The estimated Level B take is 0.97 seals                  likely that any sea lions would be taken
                                                available or applicable to the project                                multiplied by 7.3 km2 and 8 days of                       by Level A harassment.
                                                area.                                                                 activity for a total of 57 harbor seals (see
                                                   Unless otherwise described,                                                                                                  Killer Whale
                                                                                                                      Table 7). Since the calculated Level A
                                                incidental take is estimated by the                                   zones of phocids are small and                               Due to the low frequency and
                                                following equation:                                                   mitigation is in place to avoid Level A                   unpredictability of killer whales
                                                Incidental take estimate = species                                    take (Table 6), we do not consider it                     entering the project area, the application
                                                     density * zone of influence (7.3                                 likely that any harbor seals would be                     of a density equation is not reasonable
                                                     km2) * days of pile-related activity                             taken by Level A harassment.                              for predicting take. When transient
                                                     (8 days).                                                                                                                  killer whales enter Monterey Bay, they
                                                                                                                      California Sea Lions                                      typically are in groups of 3 to 8 at a time
                                                Harbor Seals                                                            The calculation for Level B take of                     (Guzman 2016). To be conservative, the
                                                  Pacific harbor seals are much less                                  California sea lions in the water                         take estimate for Level B harassment is
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                                                abundant in the project area than                                     assumes an average density of 8.62                        based on a larger group of eight
                                                California sea lions, and only two                                    individuals/km2. This density was                         transient killer whales that may enter
                                                annual surveys conducted since 1998                                   determined by drawing a 5 km radius in                    the area (Table 7). Offshore killer whales
                                                identified any individuals. The 2004                                  ArcGIS with the jetty haul-out site at the                are more of a rare occurrence in
                                                annual pinniped survey conducted by                                   center. The area within this circle was                   Monterey Bay; with the most recent
                                                NMFS counted 28 Pacific harbor seals                                  calculated, excluding the land, resulting                 documentation of approximately 25
                                                in Monterey Harbor in 2004, and 1 in                                  in a 29 km2 foraging area. An average of                  whales in December 2016. Therefore,


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                                                                           Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                                                    61551

                                                the take estimate for Level B harassment                 likely that any bottlenose dolphins                                  occurrence is rare; however, since 2014
                                                is based on the possibility that a single                would be taken by Level A harassment.                                greater numbers of humpback whales
                                                occurrence of a smaller pod of 25                                                                                             have been observed in and near
                                                                                                         Risso’s Dolphin
                                                whales may enter the area (Table 7).                                                                                          Monterey Bay by whale-watching
                                                Since the Level A zones of mid-                             Because there is not reliable local data                          vessels. Because USCG will shutdown
                                                frequency cetaceans are small and                        for Monterey Bay, the Level B take                                   for all observed humpbacks (in Level A
                                                mitigation is in place to avoid Level A                  estimate for Risso’s dolphins is a single
                                                                                                                                                                              and B zones), no takes of humpback
                                                take (Table 6), we do not consider it                    occurrence of a small pod of 10 animals
                                                                                                                                                                              whales are authorized.
                                                likely that any killer whales would be                   (see Table 7) as groups of Risso’s
                                                taken by Level A harassment.                             dolphins average between 10–30                                       Gray Whale
                                                                                                         animals. Since the Level A zones of
                                                Bottlenose Dolphin                                       mid-frequency cetaceans are small and                                   The occurrence of gray whales is
                                                                                                         mitigation is in place to avoid Level A                              extremely rare near shore in the project
                                                   Abundance and densities of cetaceans
                                                                                                         take (Table 6), we do not consider it                                area. If gray whales would approach the
                                                in the California Current ecosystem
                                                were conducted from 1991 to 2005                         likely that any Risso’s dolphin would be                             project area they would be more likely
                                                (Barlow, Forney 2007). The results of                    taken by Level A harassment.                                         to occur during the spring migration
                                                the surveys indicate that bottlenose                     Harbor Porpoise                                                      north, when they tend to stay closer to
                                                dolphin population density throughout                                                                                         shore than during the winter southern
                                                                                                            An estimate of the density of harbor                              migration. The NOAA National Center
                                                the entire west coast shoreline is 1.78                  porpoise in the southern portion of
                                                individuals/100 km2. During the same                                                                                          for Coastal Ocean Science (NCCOS)
                                                                                                         Monterey Bay nearshore is
                                                survey, the mean group size for                                                                                               reported densities of gray whales at 0.1
                                                                                                         approximately 2.321 per km2 (Forney et
                                                bottlenose dolphins observed in Central                                                                                       to 0.5 per km2 (NCCOS 2007).
                                                                                                         al., 2014). Therefore, the estimated take
                                                California was four individuals. Other,                  for Level B harassment is 2.231 porpoise                             Therefore, the estimated take for Level
                                                more recent data suggest that densities                  multiplied by 7.3 km2 and 8 days of                                  B harassment was calculated using the
                                                may be up to 0.04/km2 (Weller 2016).                     activity for a total of 136 harbor                                   larger density of 0.5 whales per km2
                                                Even when using the higher density,                      porpoise (see Table 7). Since the                                    multiplied by 7.3 km2 and 8 days of
                                                estimated take results in very low                       calculated Level A zones of high                                     activity for a total of 4 gray whales (see
                                                numbers (<1 over the entire period of                    frequency cetaceans are small and                                    Table 7). Since the Level A zones of
                                                construction). Rather than using density                 mitigation is in place to avoid Level A                              low-frequency cetaceans are small and
                                                calculations to estimate take, to be                     take (Table 6), we do not consider it                                mitigation is in place to avoid Level A
                                                conservative, the Level B take is a small                likely that any harbor porpoise would                                take (see Table 6) we do not consider it
                                                pod of 10 bottlenose dolphins (Table 7).                 be taken by Level A harassment.                                      likely that any gray whales would be
                                                Since the Level A zones of mid-                                                                                               taken by Level A harassment during
                                                frequency cetaceans are small and                        Humpback Whale
                                                                                                                                                                              removal or impact installation.
                                                mitigation is in place to avoid Level A                    Humpback whales are typically found
                                                take (Table 6), we do not consider it                    further offshore than gray whales and

                                                                  TABLE 7—SUMMARY OF REQUESTED INCIDENTAL TAKE BY LEVEL A AND LEVEL B HARASSMENT
                                                                                                                                                      Authorized                                       Authorized      Percent of
                                                                      Species                             Stock size                                 Level B take                                       total take     population

                                                Pacific harbor seal (Phoca vitulina) .................          30,968     57 .....................................................................              57   Less than 1.
                                                California sea lion (Zalophus californianus) .....             296,750     504 (Animals already in the water) .................                               2,504   Less than 1.
                                                California sea lion (Zalophus californianus) .....             296,750     2,000 (Animals that enter the water from the
                                                                                                                             breakwater).
                                                Transient killer whale (Orcinus orca) ...............               243    8 .......................................................................              8   3.3.
                                                Offshore killer whale (Orcinus orca) ................               240    25 (single occurrence of a small pod) .............                                   25   10.42.
                                                Bottlenose dolphin (Tursiops truncatus) ..........                  453    10 (single occurrence of a small pod) .............                                   10   4.19.
                                                Risso’s dolphin (Grampus griseus) ..................              6,336    10 (single occurrence of a small pod) .............                                   10   Less than 1.
                                                Harbor porpoise (Phocoena phocoena) ...........                   3,715    136 ...................................................................              136   3.66.
                                                Gray whale (Eschrichtius robustus) .................             20,990    4 .......................................................................              4   Less than 1.



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


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                                                61552                     Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                of effective implementation (probability                  If a marine mammal species under                    noise); (2) affected species (e.g., life
                                                implemented as planned), and;                           NMFS’ jurisdiction is observed within                 history, dive patterns); (3) co-occurrence
                                                   (2) the practicability of the measures               the Level A or B zones that has not been              of marine mammal species with the
                                                for applicant implementation, which                     authorized for take, the USCG will                    action; or (4) biological or behavioral
                                                may consider such things as cost,                       implement shutdown measures.                          context of exposure (e.g., age, calving or
                                                impact on operations, and, in the case                                                                        feeding areas);
                                                                                                        Level B Harassment Zones
                                                of a military readiness activity,                                                                                • Individual marine mammal
                                                personnel safety, practicality of                         USCG will monitor the Level B                       responses (behavioral or physiological)
                                                implementation, and impact on the                       harassment ZOIs as described in Tables                to acoustic stressors (acute, chronic, or
                                                effectiveness of the military readiness                 3 and 4.                                              cumulative), other stressors, or
                                                activity.                                               Soft-Start for Impact Pile Driving                    cumulative impacts from multiple
                                                   Several measures for mitigating effects                                                                    stressors;
                                                                                                           For impact pile installation,                         • How anticipated responses to
                                                on marine mammals from the pile
                                                                                                        contractors will provide an initial set of            stressors impact either: (1) Long-term
                                                installation and removal activities at for
                                                                                                        three strikes from the impact hammer at               fitness and survival of individual
                                                the USCG Monterey Station and are
                                                                                                        40 percent energy, followed by a one-                 marine mammals; or (2) populations,
                                                described below.
                                                                                                        minute waiting period, then two                       species, or stocks;
                                                Timing Restrictions                                     subsequent three-strike sets. Each day,
                                                                                                                                                                 • Effects on marine mammal habitat
                                                                                                        USCG will use the soft-start technique at
                                                  All work will be conducted during                                                                           (e.g., marine mammal prey species,
                                                                                                        the beginning of impact pile driving, or
                                                daylight hours.                                                                                               acoustic habitat, or other important
                                                                                                        if impact pile driving has ceased for
                                                                                                                                                              physical components of marine
                                                Noise Attenuation                                       more than 30 minutes.
                                                                                                                                                              mammal habitat); and
                                                                                                           Based on our evaluation of the
                                                   A bubble curtain and cushion pads                    applicant’s planned measures, as well as                 • Mitigation and monitoring
                                                will be used during pile driving                        other measures considered by NMFS,                    effectiveness.
                                                activities with an impact hammer to                     NMFS has determined that the                             Marine mammal monitoring will be
                                                reduce sound levels. In addition, the                   mitigation measures provide the means                 conducted in strategic locations around
                                                USCG will perform ‘‘pre-drilling.’’ Pre-                of effecting the least practicable impact             the area of potential effects at all times
                                                drilling will be performed and                          on the affected species or stocks and                 during in-water pile driving and
                                                discontinued when the pile tip is                       their habitat, paying particular attention            removal as described below:
                                                approximately five feet (ft) above the                  to rookeries, mating grounds, and areas                  D During pile removal or installation
                                                required pile tip elevation. Pre-drilling               of similar significance.                              the observer will monitor from the most
                                                is a method that starts the ‘‘hole’’ for the                                                                  practicable vantage point possible (i.e.,
                                                new pile; the pile is inserted after the                Monitoring and Reporting                              the pier itself, the breakwater, adjacent
                                                hole has been pre-drilled which creates                    In order to issue an IHA for an                    boat docks in the harbor, or a boat) to
                                                less friction and overall noise and                     activity, Section 101(a)(5)(D) of the                 determine whether marine mammals
                                                turbidity during installation.                          MMPA states that NMFS must set forth,                 enter the Exclusion Zone and to record
                                                Exclusion Zones                                         requirements pertaining to the                        take when marine mammals enter the
                                                                                                        monitoring and reporting of such taking.              relevant Level B Harassment Zones
                                                   Exclusion Zones calculated from the                  The MMPA implementing regulations at                  based on type of construction activity;
                                                PTS isopleths (Table 7) will be                         50 CFR 216.104(a)(13) indicate that                   and
                                                implemented to protect marine                           requests for authorizations must include                 D If a marine mammal approaches an
                                                mammals from Level A harassment                         the suggested means of accomplishing                  Exclusion Zone, the observation will be
                                                (refer to Table 6). If a marine mammal                  the necessary monitoring and reporting                reported to the Construction Manager
                                                is observed at or within the Exclusion                  that will result in increased knowledge               and the individual will be watched
                                                Zone (Table 7), work will shut down                     of the species and of the level of taking             closely. If the marine mammal crosses
                                                (stop work) until the individual has                    or impacts on populations of marine                   into an Exclusion Zone, a stop-work
                                                been observed outside of the zone, or                   mammals that are expected to be                       order will be issued. In the event that a
                                                has not been observed for at least 15                   present in the action area. Effective                 stop-work order is triggered, the
                                                minutes for pinnipeds and small                         reporting is critical both to compliance              observed marine mammal(s) will be
                                                cetaceans and 30 minutes for large                      as well as ensuring that the most value               closely monitored while it remains in or
                                                whales.                                                 is obtained from the required                         near the Exclusion Zone, and only when
                                                Additional Shutdown Measures                            monitoring.                                           it moves well outside of the Exclusion
                                                                                                           Monitoring and reporting                           Zone or has not been observed for at
                                                  If a humpback whale is observed                       requirements prescribed by NMFS                       least 15 minutes for pinnipeds and 30
                                                within the Level A or Level B zones, the                should contribute to improved                         minutes for whales will the lead
                                                USCG will implement shutdown                            understanding of one or more of the                   monitor allow work to recommence.
                                                measures. Work would not commence                       following:                                            Protected Species Observers
                                                until 30-minutes after the last sighting                   • Occurrence of marine mammal
                                                of a humpback within these zones.                       species or stocks in the area in which                  USCG shall employ a minimum of
                                                  USCG will implement shutdown                          take is anticipated (e.g., presence,                  three NMFS-approved protected species
                                                measures if the number of authorized                                                                          observers (PSOs) to conduct marine
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                                                                                                        abundance, distribution, density);
                                                takes for any particular species reaches                   • Nature, scope, or context of likely              mammal monitoring for its Monterey
                                                the limit under the IHA and if such                     marine mammal exposure to potential                   Station Project. The PSOs will observe
                                                marine mammals are sighted within the                   stressors/impacts (individual or                      and collect data on marine mammals in
                                                vicinity of the project area and are                    cumulative, acute or chronic), through                and around the project area for 30
                                                approaching the Level B harassment                      better understanding of: (1) Action or                minutes before, during, and for 30
                                                zone during in-water construction                       environment (e.g., source                             minutes after all pile removal and pile
                                                activities.                                             characterization, propagation, ambient                installation work. NMFS-approved


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                                                                          Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                             61553

                                                PSOs shall meet the following                           including bearing and direction of travel             prohibited take. NMFS will work with
                                                requirements:                                           and distance from pile driving activity;              USCG to determine what is necessary to
                                                   1. Visual acuity in both eyes                          (G) Distance from pile driving                      minimize the likelihood of further
                                                (correction is permissible) sufficient for              activities to marine mammals and                      prohibited take and ensure MMPA
                                                discernment of moving targets at the                    distance from the marine mammals to                   compliance. USCG may not resume
                                                water’s surface with ability to estimate                the observation point;                                their activities until notified by NMFS
                                                target size and distance. Use of                          (H) Locations of all marine mammal                  via letter, email, or telephone.
                                                binoculars may be necessary to correctly                observations; and
                                                identify the target;                                      (I) Other human activity in the area.               Reporting of Injured or Dead Marine
                                                   2. Advanced education in biological                                                                        Mammals
                                                                                                        Reporting Measures
                                                science, wildlife management,                                                                                    In the event that the USCG discovers
                                                mammalogy or related fields (Bachelors                  Marine Mammal Monitoring Report                       an injured or dead marine mammal, and
                                                degree or higher is preferred), but not                    USCG will be required to submit a                  the lead PSO determines that the cause
                                                required;                                               draft marine mammal monitoring report                 of the injury or death is unknown and
                                                   3. Experience or training in the field               within 90 days after completion of the                the death is relatively recent (i.e., in less
                                                identification of marine mammals                        in-water construction work or the                     than a moderate state of decomposition
                                                (cetaceans and pinnipeds);                              expiration of the IHA (if issued),                    as described in the next paragraph),
                                                   4. Sufficient training, orientation or                                                                     USCG will immediately report the
                                                                                                        whichever comes earlier. The report
                                                experience with the construction                                                                              incident to the Permits and
                                                                                                        will include data from marine mammal
                                                operation to provide for personal safety                                                                      Conservation Division, Office of
                                                during observations;                                    sightings as described: Date, time,
                                                                                                                                                              Protected Resources, NMFS and the
                                                   5. Ability to communicate orally, by                 location, species, group size, and
                                                                                                                                                              NMFS’ West Coast Stranding
                                                radio or in person, with project                        behavior, any observed reactions to
                                                                                                                                                              Coordinator. The report must include
                                                personnel to provide real time                          construction, distance to operating pile
                                                                                                                                                              the same information identified in the
                                                information on marine mammals                           hammer, and construction activities
                                                                                                                                                              paragraph above. Activities may
                                                observed in the area as necessary;                      occurring at time of sighting and
                                                                                                                                                              continue while NMFS reviews the
                                                   6. Experience and ability to conduct                 environmental data for the period (i.e.,
                                                                                                                                                              circumstances of the incident. NMFS
                                                field observations and collect data                     wind speed and direction, sea state,
                                                                                                                                                              will work with USCG to determine
                                                according to assigned protocols (this                   tidal state, cloud cover, and visibility).
                                                                                                                                                              whether modifications in the activities
                                                may include academic experience);                       The marine mammal monitoring report
                                                                                                                                                              are appropriate.
                                                   7. Writing skills sufficient to prepare              will also include total takes, takes by                  In the event that USCG discovers an
                                                a report of observations that would                     day, and stop-work orders for each                    injured or dead marine mammal, and
                                                include such information as the number                  species. NMFS will have an opportunity                the lead PSO determines that the injury
                                                and type of marine mammals observed;                    to provide comments on the report, and                or death is not associated with or related
                                                the behavior of marine mammals in the                   if NMFS has comments, USCG will                       to the activities authorized in the IHA
                                                project area during construction, dates                 address the comments and submit a                     (e.g., previously wounded animal,
                                                and times when observations were                        final report to NMFS within 30 days.                  carcass with moderate to advanced
                                                conducted; dates and times when in-                        In the unanticipated event that the                decomposition, or scavenger damage),
                                                water construction activities were                      specified activity clearly causes the take            USCG will report the incident to the
                                                conducted; and dates and times when                     of a marine mammal in a manner                        Permits and Conservation Division,
                                                marine mammals were present at or                       prohibited by the IHA (if issued), such               Office of Protected Resources, NMFS
                                                within the defined ZOI;                                 as an injury (Level A harassment),                    and the NMFS Stranding Hotline and/or
                                                   8. If a team of three or more observers              serious injury, or mortality, USCG will               by email to the NMFS’ West Coast
                                                are required, one observer should be                    immediately cease the specified                       Stranding Coordinator within 24 hrs of
                                                designated as lead observer or                          activities and immediately report the                 the discovery. USCG will provide
                                                monitoring coordinator. The lead                        incident to the Permits and                           photographs or video footage (if
                                                observer must have prior experience                     Conservation Division, Office of                      available) or other documentation of the
                                                working as an observer;                                 Protected Resources, NMFS and the                     stranded animal sighting to NMFS.
                                                   9. NMFS will require submission and                  NMFS’ West Coast Stranding                            Activities may continue while NMFS
                                                approval of observer CVs; and                           Coordinator. The report must include
                                                   10. PSOs will monitor marine                                                                               reviews the circumstances of the
                                                                                                        the following information:                            incident.
                                                mammals around the construction site                       • Time, date, and location (latitude/
                                                using high-quality binoculars (e.g.,                    longitude) of the incident;                           Negligible Impact Analysis and
                                                Zeiss, 10 x 42 power) and/or spotting                      • Description of the incident;                     Determination
                                                scopes.                                                    • Status of all sound source use in the               NMFS has defined negligible impact
                                                   11. If marine mammals are observed,                  24 hrs preceding the incident;                        as an impact resulting from the
                                                the following information will be                          • Water depth;
                                                                                                           • Environmental conditions (e.g.,                  specified activity that cannot be
                                                documented:
                                                   (A) Date and time that monitored                     wind speed and direction, sea state,                  reasonably expected to, and is not
                                                activity begins or ends;                                cloud cover, and visibility);                         reasonably likely to, adversely affect the
                                                   (B) Construction activities occurring                   • Description of all marine mammal                 species or stock through effects on
                                                during each observation period;                         observations in the 24 hrs preceding the              annual rates of recruitment or survival
                                                                                                                                                              (50 CFR 216.103). A negligible impact
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                                                   (C) Weather parameters (e.g., percent                incident;
                                                cover, visibility);                                        • Species identification or                        finding is based on the lack of likely
                                                   (D) Water conditions (e.g., sea state,               description of the animal(s) involved;                adverse effects on annual rates of
                                                tide state);                                               • Fate of the animal(s); and                       recruitment or survival (i.e., population-
                                                   (E) Species, numbers, and, if possible,                 • Photographs or video footage of the              level effects). An estimate of the number
                                                sex and age class of marine mammals;                    animal(s) (if equipment is available).                of takes alone is not enough information
                                                   (F) Description of any observable                       Activities will resume until NMFS is               on which to base an impact
                                                marine mammal behavior patterns,                        able to review the circumstances of the               determination. In addition to


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                                                61554                     Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                considering estimates of the number of                  consequences. Therefore, given the                    other three species (killer whale,
                                                marine mammals that might be ‘‘taken’’                  consideration of potential impacts to                 bottlenose dolphin, and harbor
                                                through harassment, NMFS considers                      marine mammal prey species and their                  porpoise) range from 3–10 percent of the
                                                other factors, such as the likely nature                physical environment, USCG’s                          stock abundance. Based on the analysis
                                                of any responses (e.g., intensity,                      Monterey Station project would not                    contained herein of the planned activity
                                                duration), the context of any responses                 adversely affect marine mammal habitat.               (including the mitigation and
                                                (e.g., critical reproductive time or                       In summary and as described above,                 monitoring measures) and the
                                                location, migration), as well as effects                the following factors primarily support               anticipated take of marine mammals,
                                                on habitat, and the likely effectiveness                our determination that the impacts                    NMFS preliminarily finds that small
                                                of the mitigation. We also assess the                   resulting from this activity are not                  numbers of marine mammals will be
                                                number, intensity, and context of                       expected to adversely affect the species              taken relative to the population sizes of
                                                estimated takes by evaluating this                      or stock through effects on annual rates              the affected species or stocks.
                                                information relative to population                      of recruitment or survival:
                                                status. Consistent with the 1989                           • No injury, serious injury or                     Unmitigable Adverse Impact Analysis
                                                preamble for NMFS’s implementing                        mortality is anticipated or authorized;               and Determination
                                                regulations (54 FR 40338; September 29,                    • Takes that are anticipated and                     There are no relevant subsistence uses
                                                1989), the impacts from other past and                  authorized are expected to be limited to              of the affected marine mammal stocks or
                                                ongoing anthropogenic activities are                    short-term Level B harassment                         species implicated by this action.
                                                incorporated into this analysis via their               (behavioral);                                         Therefore, NMFS has determined that
                                                impacts on the environmental baseline                      • The project also is not expected to              the total taking of affected species or
                                                (e.g., as reflected in the regulatory status            have significant adverse effects on                   stocks would not have an unmitigable
                                                of the species, population size and                     affected marine mammals’ habitat;                     adverse impact on the availability of
                                                growth rate where known, ongoing                           • There are no known important
                                                                                                                                                              such species or stocks for taking for
                                                sources of human-caused mortality, or                   feeding or pupping areas. There is one
                                                                                                                                                              subsistence purposes.
                                                ambient noise levels).                                  haulout (the breakwater) within the
                                                   No injury, serious injury or mortality               project area. There are no other known                Endangered Species Act (ESA)
                                                is anticipated or authorized for the                    important areas for marine mammals
                                                Monterey Station Project. Takes that are                with the footprint of the project area;                  Section 7(a)(2) of the ESA of 1973 (16
                                                anticipated and authorized are expected                 and                                                   U.S.C. 1531 et seq.) requires that each
                                                to be limited to short-term Level B                        • For four out of the seven species,               Federal agency insure that any action it
                                                harassment (behavioral) only. Marine                    take is less than one percent of the stock            authorizes, funds, or carries out is not
                                                mammals present in the vicinity of the                  abundance. Instances of take for the                  likely to jeopardize the continued
                                                action area and taken by Level B                        other three species (killer whale,                    existence of any endangered or
                                                harassment would most likely show                       bottlenose dolphin, and harbor                        threatened species or result in the
                                                overt brief disturbance (startle reaction)              porpoise) range from 3–10 percent of the              destruction or adverse modification of
                                                and avoidance of the area from elevated                 stock abundance.                                      designated critical habitat. To ensure
                                                noise levels during pile driving and pile                  Based on the analysis contained                    ESA compliance for the issuance of
                                                removal.                                                herein of the likely effects of the                   IHAs, NMFS consults internally, in this
                                                   There is one endangered species that                 specified activity on marine mammals                  case with the West Coast Regional
                                                may occur in the project area,                          and their habitat, and taking into                    Office, whenever we propose to
                                                humpback whales. However, if any                        consideration the implementation of the               authorize take for endangered or
                                                humpbacks are detected within the                       monitoring and mitigation measures,                   threatened species.
                                                Level B harassment zone of the project                  NMFS finds that the total marine                         NMFS is not authorizing take of
                                                area, the USCG will shut down.                          mammal take from the activity will have               humpback whales, which are listed
                                                   The Monterey Breakwater is a haulout                 a negligible impact on all affected                   under the ESA, as the applicant will
                                                location for approximately 250                          marine mammal species or stocks.                      implement shutdown measures
                                                California sea lions. There no other                                                                          whenever humpbacks are observed
                                                known critical habitat areas, haulouts or               Small Numbers
                                                                                                                                                              (Level A or B). Therefore, consultation
                                                import feeding areas in close                              As noted above, only small numbers                 under section 7 of the ESA is not
                                                proximately to the project area.                        of incidental take may be authorized                  required.
                                                   The project also is not expected to                  under Section 101(a)(5)(D) of the MMPA
                                                have significant adverse effects on                     for specified activities other than                   Authorization
                                                affected marine mammals’ habitat, as                    military readiness activities. The MMPA                  NMFS has issued an IHA to USCG for
                                                analyzed in detail in the ‘‘Potential                   does not define small numbers and so,                 the potential harassment of small
                                                Effects of Specified Activities on Marine               in practice, where estimated numbers                  numbers of seven marine mammal
                                                Mammals and their Habitat’’ section.                    are available, NMFS compares the                      species incidental to pile driving and
                                                Project activities would not                            number of individuals taken to the most               removal activities at the USCG
                                                permanently modify existing marine                      appropriate estimation of abundance of                Monterey Station, Monterey, California
                                                mammal habitat. The activities may kill                 the relevant species or stock in our                  from December 2017 to October 2018,
                                                some fish and cause other fish to leave                 determination of whether an                           provided the previously mentioned
                                                the area temporarily, thus impacting                    authorization is limited to small                     mitigation, monitoring, and reporting
                                                marine mammals’ foraging
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                                                                                                        numbers of marine mammals.                            requirements.
                                                opportunities in a limited portion of the               Additionally, other factors may be
                                                foraging range; but, because of the short               considered in the analysis, such as the                 Dated: December 22, 2017.
                                                duration of the activities and the                      temporal or spatial scale of the                      Donna S. Wieting,
                                                relatively small area of the habitat that               activities.                                           Director, Office of Protected Resources,
                                                may be affected, the impacts to marine                     For four out of the seven species, take            National Marine Fisheries Service.
                                                mammal habitat are not expected to                      is less than one percent of the stock                 [FR Doc. 2017–28029 Filed 12–27–17; 8:45 am]
                                                cause significant or long-term negative                 abundance. Instances of take for the                  BILLING CODE 3510–22–P




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Document Created: 2017-12-28 00:43:12
Document Modified: 2017-12-28 00:43:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of an incidental harassment authorization.
DatesThis Authorization is applicable from December 20, 2017 through October 15, 2018.
ContactStephanie Egger, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the applications and supporting documents, as well as a list of the references cited in this document, may be obtained online at www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation82 FR 61544 
RIN Number0648-XF46

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