83 FR 19243 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Astoria Waterfront Bridge Replacement Project

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range		19243-19254
FR Document		2018-09238

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 City of Astoria, Oregon, to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with a waterfront bridges replacement project in Astoria, Oregon.

Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018)

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19243-19254]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-09238]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF882

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Astoria Waterfront Bridge
Replacement Project

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 City of Astoria, Oregon, to incidentally harass, by Level B
harassment only, marine mammals during construction activities
associated with a waterfront bridges replacement project in Astoria,
Oregon.

DATES: This authorization is effective from October 1, 2018 through
September 30, 2019.

FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the IHA and

[[Page 19244]]

supporting documents, as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/node/23111. In case of problems accessing these documents, please call
the contact listed above.

SUPPLEMENTARY INFORMATION:

Background

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

National Environmental Policy Act

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

Summary of Request

On October 17, 2017, NMFS received a request from the City of
Astoria (City), Oregon, for an IHA to take marine mammals incidental to
replacement of bridges in downtown Astoria along the Columbia River.
The application was considered adequate and complete on January 17,
2018. The City's request was for take of California sea lions (Zalophus
californianus), Steller sea lions (Eumetopias jubatus), and harbor
seals (Phoca vitulina richardii) by Level B harassment only. Neither
the City nor NMFS expect mortality to result from this activity and,
therefore, an IHA is appropriate.

Description of the Specified Activity

The City of Astoria is planning to replace three bridges connecting
city streets to waterfront piers in the Columbia River. The bridges are
currently supported by deteriorated timber piles, which will be removed
and replaced with steel piles. Bridge replacement is scheduled to begin
with above-water work to remove the superstructures of the bridges in
October 2018. In-water pile removal and installation will occur over 80
days between November 1, 2018 and February 28, 2019. Vibratory removal
of 255 timber piles is expected to take 26 days while impact driving of
74 permanent steel piles and installation and subsequent removal of 10
temporary steel piles is expected to take 42 days. The remaining 12
days of in-water work will be used to remove concrete footings and a
concrete retaining wall along the riverbank. Additional above-water
construction to replace the bridge superstructures will occur in March
and April 2019.
A detailed description of the planned bridge replacement project is
provided in the Federal Register notice for the proposed IHA (83 FR
7680; February 22, 2018). Since that time, no changes have been made to
the planned construction activities. Therefore, a detailed description
is not provided here. Please refer to that Federal Register notice for
the description of the specific activity.

Comments and Responses

A notice of NMFS' proposal to issue an IHA was published in the
Federal Register on February 22, 2018 (83 FR 7680). During the 30-day
public comment period, the Marine Mammal Commission (Commission)
submitted a letter on March 21, 2018. The Commission provided comments
as described below and concurred with NMFS's finding that recommended
the issuance of an IHA to the City, subject to the inclusion of the
mitigation, monitoring, and reporting measures.
Comment 1: The Commission commented that NMFS' method of estimating
takes from this project was inappropriate. Rather than multiplying the
average count of pinnipeds from the South Jetty by months of activity,
NMFS should have multiplied by days of activity. As a result, the take
numbers proposed in the Federal Register notice (83 FR 7680; February
22, 2018) were underestimated. The Commission recommended revising the
take estimates to better reflect the likelihood of pinniped occurrence
in the project area.
Response 1: NMFS concurs with the Commission recommendation and has
modified the authorized take limits to account for newly available
site-specific data. These changes are described further in the ``Marine
Mammal Occurrence'' and ``Take Calculation and Estimation'' sections in
this notice. As a result of this modification, NMFS authorized the take
of 33,736 California sea lions, 5,360 Steller sea lions, and 4,560
harbor seals.
Comment 2: The Commission requested clarification of certain issues
associated with NMFS's notice that one-year renewals could be issued in
certain limited circumstances and expressed concern that the process
would bypass the public notice and comment requirements. The Commission
also suggested that NMFS should discuss the possibility of renewals
through a more general route, such as a rulemaking, instead of notice
in a specific authorization. The Commission further recommended that if
NMFS did not pursue a more general route, that the agency provide the
Commission and the public with a legal analysis supporting our
conclusion that this process is consistent with the requirements of
101(a)(5)(D) of the MMPA.
Response 2: The process of issuing a renewal IHA does not bypass
the public

[[Page 19245]]

notice and comment requirements of the MMPA. The notice of the proposed
IHA expressly notifies the public that under certain, limited
conditions an applicant could seek a renewal IHA for an additional
year. The notice describes the conditions under which such a renewal
request could be considered and expressly seeks public comment in the
event such a renewal is sought. Importantly, such renewals would be
limited to where the activities are identical or nearly identical to
those analyzed in the proposed IHA, monitoring does not indicate
impacts that were not previously analyzed and authorized, and the
mitigation and monitoring requirements remain the same, all of which
allow the public to comment on the appropriateness and effects of a
renewal at the same time the public provides comments on the initial
IHA. NMFS has, however, modified the language for future proposed IHAs
to clarify that all IHAs, including renewal IHAs, are valid for no more
than one year and that the agency would consider only one renewal for a
project at this time. In addition, notice of issuance or denial of a
renewal IHA would be published in the Federal Register, as are all
IHAs. Last, NMFS will publish on our website a description of the
renewal process before any renewal is issued utilizing the new process.

Description of Marine Mammals in the Area of Specified Activities

A detailed description of the species likely to be affected by the
City's actions, including brief introductions to the species and
relevant stocks as well as available information regarding population
trends and threats, and information regarding local occurrence, are
provided in the City's application and the Federal Register notice for
the proposed IHA (83 FR 7680; February 22, 2018). We are not aware of
any changes in the status of these species and stocks; therefore,
detailed descriptions are not provided here. Please refer to that
Federal Register notice for these descriptions. Please refer to
additional species information available in the NMFS stock assessment
reports for the Pacific and Alaska at http://www.nmfs.noaa.gov/pr/sars/region.htm.

Table 1--Marine Mammals Potentially Present in the Vicinity of Astoria
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA Stock abundance
status; (CV, Nmin, most Annual M/ Relative
Common name Scientific name Stock strategic (Y/ recent abundance PBR SI \3\ occurrence near
N) \1\ survey) \2\ Astoria
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals
and sea lions):
California sea lion......... Zalophus U.S................ -; N 296,750 (N/A, 9,200 389 Likely.
californianus. 153,337, 2011).
Steller sea lion............ Eumetopias jubatus. Eastern U.S........ -; N 41,638 (N/A, 2,498 108 Likely.
41,638, 2015).
Family Phocidae (earless seals):
Pacific harbor seal......... Phoca vitulina Oregon/Washington -; N Unknown (0.12, undet. 10.6 Likely.
richardii. Coast. 24,732, 1999).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. For certain stocks, abundance estimates are actual counts of animals and there is no associated
CV.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
associated with estimated mortality due to commercial fisheries is presented in some cases.

Potential Effects of Specified Activities on Marine Mammals and Their
Habitat

The effects of underwater noise from vibratory and impact pile
driving and airborne noise from superstructure construction for the
bridge replacement project have the potential to result in behavioral
harassment of marine mammals in the vicinity of the action area. The
Federal Register notice for the proposed IHA (83 FR 7680; February 22,
2018) included a discussion of the effects of the project and
anthropogenic noise on marine mammals, therefore that information is
not repeated here; please refer to the Federal Register notice (83 FR
7680; February 22, 2018) for that information. We provide a summary
here.
The main impact associated with the bridge replacement project
would be exposure to temporarily elevated sound levels and the
associated direct effects on marine mammals (e.g., temporary hearing
impairment, behavioral disturbance, and stress). The new bridges will
be installed within the footprint of the existing bridges, therefore no
new permanent impacts to habitats used by marine mammals would result
from the project. Some short-term impacts to prey availability (e.g.,
fish) and minor impacts to the immediate substrate may occur as a
result of increased turbidity from pile installation and removal but
the effects are expected to be minimal. No critical habitat for any
marine mammal species occurs in the project area.

Estimated Take

This section provides an estimate of the number of incidental takes
authorized by this IHA, which informs both NMFS' consideration of
whether the number of takes is ``small'' and the negligible impact
determination.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes are by Level B harassment only, for individual
marine mammals resulting from exposure to pile driving and construction
activities. Based on the nature of the activity and

[[Page 19246]]

the anticipated effectiveness of the mitigation measures (i.e.,
shutdown--discussed in detail below in Proposed Mitigation section),
Level A harassment is neither anticipated nor proposed to be
authorized. As described previously, no mortality is anticipated or
proposed to be authorized for this activity. Below we describe how the
take is estimated.
Described in the most basic way, we estimate take by considering:
(1) Acoustic thresholds above which NMFS believes the best available
science indicates marine mammals will be behaviorally harassed or incur
some degree of permanent hearing impairment; (2) the area or volume of
water that will be ensonified above these levels in a day; (3) the
density or occurrence of marine mammals within these ensonified areas;
and, (4) and the number of days of activities. Below, we describe these
components in more detail and present the proposed take estimate.

Acoustic Thresholds

Using the best available science, NMFS has developed acoustic
thresholds that identify the received level of underwater sound above
which exposed marine mammals would be reasonably expected to be
behaviorally harassed (equated to Level B harassment) or to incur PTS
of some degree (equated to Level A harassment). Thresholds have also
been developed identifying the received level of in-air sound above
which exposed pinnipeds would likely be behaviorally harassed.
Level B Harassment for non-explosive sources--Though significantly
driven by received level, the onset of behavioral disturbance from
anthropogenic noise exposure is also informed to varying degrees by
other factors related to the source (e.g., frequency, predictability,
duty cycle), the environment (e.g., bathymetry), and the receiving
animals (hearing, motivation, experience, demography, behavioral
context) and can be difficult to predict (Southall et al., 2007,
Ellison et al., 2011). Based on what the available science indicates
and the practical need to use a threshold based on a factor that is
both predictable and measurable for most activities, NMFS uses a
generalized acoustic threshold based on received level to estimate the
onset of behavioral harassment. NMFS predicts that marine mammals are
likely to be behaviorally harassed in a manner we consider Level B
harassment when exposed to underwater anthropogenic noise above
received levels of 120 decibels (dB) re 1 micro pascal ([mu]Pa) root
mean square (rms) for continuous (e.g., vibratory pile-driving,
drilling) and above 160 dB re 1 [mu]Pa (rms) for non-explosive
impulsive (e.g., seismic airguns) or intermittent (e.g., scientific
sonar) sources. For in-air sounds, NMFS predicts that pinnipeds exposed
above received levels of 100 dB re 20 [mu]Pa (rms) will be behaviorally
harassed.
The City's activities include the use of continuous (vibratory pile
driving) and impulsive (impact pile driving) sources, and therefore the
120 and 160 dB re 1 [mu]Pa (rms) are applicable.
Level A harassment for non-explosive sources--NMFS' Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing (Technical Guidance, 2016) identifies dual criteria to
assess auditory injury (Level A harassment) to five different marine
mammal groups (based on hearing sensitivity) as a result of exposure to
noise from two different types of sources (impulsive or non-impulsive).
The City's activities include the use of impulsive (impact pile
driving) and non-impulsive (vibratory pile driving) sources.
These thresholds were developed by compiling and synthesizing the
best available science and soliciting input multiple times from both
the public and peer reviewers to inform the final product, and are
provided in 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: https://www.fisheries.noaa.gov/resource/document/underwater-acoustic-thresholds-onset-permanent-and-temporary-threshold-shifts.

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); (Underwater).... Lpk,flat: 218 dB; LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Lpk,flat: 232 dB; LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
a reference value of 1[mu]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.
Level B Harassment
In-Air Disturbance during General Construction Activities--Level B
behavioral disturbance may occur incidental to the use of construction
equipment during general construction that is proposed in the dry,
above water, or inland within close proximity to the river banks. These
construction activities are associated with the removal and
construction of the rail superstructures, and the removal of the
existing concrete foundations and the 9th Street retaining wall.
Possible equipment includes an excavator, crane, dump truck, and chain
saw. It is estimated that the sound levels during these activities will
range from 78 to 93

[[Page 19247]]

dB (rms) at 20 meters (m) from the sound source, with the loudest
airborne noise produced by the use of a concrete saw (Hanan &
Associates, 2014). These noise levels are based on acoustic data
collected during the City of San Diego Lifeguard Station Demolition and
Construction Monitoring project. Using the Spherical Spreading Loss
Model (20logR), a maximum sound source level of 93 dB (rms) at 20 m,
sound levels in-air would attenuate below the 90dB (rms) Level B
harassment threshold for harbor seals at 28 m, and below the 100 dB
(rms) threshold for all other pinnipeds at 9 m. Harbor seals are only
present in the main river channel and are not expected to occur within
28 m of the activity and are therefore not expected to be harassed by
in-air sound. Additionally, the city will implement a 10 m shutdown
zone for all general construction work to prevent injury from physical
interaction with equipment. The City would therefore shut down
equipment before hauled out sea lions could be acoustically harassed by
the sound produced. No Level B harassment is expected to occur due to
increased sounds from railway and roadway construction. However, sea
lions may be disturbed by the presence of construction equipment and
increased human presence during above-water construction.
Although some piles may potentially be driven or removed in the dry
due to tidal conditions, the City assumed all pile driving and removal
will occur in water. The Level B harassment zone for in-water pile
driving and removal is greater than the airborne Level B harassment
zone so no airborne harassment is requested from pile driving or
removal. All harassment due to pile driving and removal is assumed to
be in-water.
In-Water Disturbance during Vibratory Pile Removal--Level B
behavioral disturbance may occur incidental to the use of a vibratory
hammer due to propagation of underwater noise during the removal of the
existing timber substructures. An estimated 255 timber piles will need
to be removed to facilitate construction of the three new crossings. It
is anticipated that the contractor will need to utilize a vibratory
hammer during extraction. Removal via vibratory hammer will result in
the greatest amount of underwater noise during construction and will be
the farthest reaching extent of aquatic impacts during pile removal
activities. We note that some pile removal will occur in the dry
(depending on tidal stage); however, we conservatively assumed all work
would occur in-water since it is not feasible to determine how many
piles would be removed in the dry. When piles are removed at lower
tidal stages, we do not anticipate sound to propagate as far or, in the
case of no water, at all.
Washington State Department of Transportation (WSDOT) monitored
underwater noise during the removal of three 12-in timber dolphin piles
at Port Townsend (Laughlin 2011a). Most of the timber piles to be
removed in this project are 12-in but some may be up to 14-in. Average
noise levels during vibratory removal of the wood piles were measured
at 150 dB (rms) at 16 m from the source. The Practical Spreading Loss
Model (15logR) was used to calculate the in-water Level B harassment
zone during vibratory pile removal. Using a measurement of 150dB at 16
m, a 1,600 m Level B harassment zone (120 dB rms threshold) is expected
for vibratory pile removal activities. Based on the contours of the
shoreline and 1,600 m Level B harassment zone, a total of 4.5 square
kilometers (km\2\) is expected to be ensonified due to vibratory pile
removal (see Figure 10 in application) (Table 7).
In-Water Disturbance during Impact Pile Driving--Level B behavioral
disturbance may occur incidental to the use of an impact hammer due to
the propagation of underwater noise during the installation of
permanent and temporary steel piles. The City will install a total of
74 24-in and 10 16-in steel piles. The City used the sound source
levels from 24-in piles only to estimate the Level B harassment zone
due to pile driving as the sound source levels from 24-in piles are
greater than those of 16-in piles. The City will use the Level B
harassment zone created by installation of 24-in piles during the
installation of 16-in piles to be conservative.
Based on the most recent WSDOT data, the unmitigated sound pressure
level associated with impact pile driving 24-in steel piles is 194 dB
RMS at 10 m (WSDOT 2016). The contractor will be required to use a
bubble curtain device during impact pile driving in compliance with the
Federal Aid Highway Program (FAHP) Programmatic Biological Opinion,
which will be utilized for ESA coverage for listed salmonids. Use of a
bubble curtain device was assumed to decrease initial sound levels by
10 dB (Reyff, 2007), resulting in an initial sound pressure level (SPL)
of 184 dB RMS at 10 m from the source. Using the values from WSDOT in
the Practical Spreading Loss Model (15logR), the distance to the 160 dB
behavioral disturbance threshold is calculated to be 398 m from the
pile when a noise attenuation device is used (Table 3) as opposed to
1,848 m when a device is not used. The use of a noise attenuation
device would shrink the distance at which noise exceeds the thresholds
by approximately 80 percent, resulting in a significantly smaller area
of potential impact. With a 398 m Level B harassment zone, a total of
0.40 km\2\ is expected to be ensonified by impact pile driving (Figure
11 in application).

Table 3--Inputs and Resulting Distances to Level B Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
Propagation
Activity SL (distance Threshold level loss Level B Level B area
measured) coefficient isopleth (m) (km\2\)
----------------------------------------------------------------------------------------------------------------
Vibratory pile driving/ 150 dB (16 m)... 120 dB re 1 15 1,600 4.5
removal. [micro]Pa.
Impact pile driving (24-in 184 dB (10 m) 160 dB re 1 15 398 0.4
piles). \a\. [micro]Pa.
General Construction (in-air) 93 dB (20 m).... 100 dB re 20 20 9 m n/a
[micro]Pa \b\.
----------------------------------------------------------------------------------------------------------------
a Proxy SL with 10 dB reduction due to bubble curtain.
b 100 dB re 20 [micro]Pa airborne threshold applies only to sea lions. The distance to the 90 dB re 20[micro]Pa
applicable to harbor seals is 28 m but harbor seals are not expected to be harassed by airborne sound, as
described above.

Level A Harassment
When NMFS Technical Guidance (2016) was published, in recognition
of the fact that ensonified area/volume could be more technically
challenging to predict because of the duration component in the new
thresholds, we developed a User Spreadsheet that includes tools to help
predict a simple isopleth that can be used in conjunction with marine
mammal density or

[[Page 19248]]

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 impact and vibratory pile
driving), NMFS User Spreadsheet predicts the closest distance at which,
if a marine mammal remained at that distance the whole duration of the
activity, it would not incur permanent threshold shift (PTS). Inputs
used in the User Spreadsheet, and the resulting isopleths are reported
below.

Table 4--PTS Isopleth Data for Vibratory Pile Removal
------------------------------------------------------------------------

------------------------------------------------------------------------
Source Level (RMS SPL).................................. 150
Activity Duration (hours) within 24-hr period........... 8
Activity Duration (seconds)............................. 28,800
10 Log (Duration)....................................... 44.59
Propagation (xLogR)..................................... 15
Distance of source level measurement (m)................ 16
------------------------------------------------------------------------

Table 5--Resulting PTS Isopleths for Vibratory Pile Driving
------------------------------------------------------------------------
Phocid Otariid
pinnipeds pinnipeds
------------------------------------------------------------------------
SELcum Threshold........................ 210 219
PTS Isopleth to Threshold (meters)...... 4.9 0.3
------------------------------------------------------------------------

Table 6--PTS Isopleth Data for Impact Pile Driving
------------------------------------------------------------------------

------------------------------------------------------------------------
Source Level (Single Strike/shot SEL)................... 168
(a) Number of strikes in 1 h OR (b) Number of strikes 250
per pile...............................................
(a) Activity Duration (h) within 24-h period OR (b) 4
Number of piles per day................................
Propagation (xLogR)..................................... 15
Distance of single strike SEL measurement (meters)...... 10
------------------------------------------------------------------------

Table 7--Resulting PTS Isopleths for Impact Pile Driving
------------------------------------------------------------------------
Phocid Otariid
pinnipeds pinnipeds
------------------------------------------------------------------------
SELcum Threshold........................ 185 203
PTS Isopleth to Threshold (m)........... 53.4 3.9
------------------------------------------------------------------------

The resulting small PTS isopleths assume an animal would remain
stationary at that distance for the duration of the activity. Given the
extended durations and due to the relatively small distances to PTS
onset from each activity, and the mitigation measures (See
``Mitigation'') proposed by the City, Level A take is neither expected
nor authorized.

Marine Mammal Occurrence

In this section we provide the information about the presence,
density, or group dynamics of marine mammals that will inform the take
calculations.
In the Federal Register notice of proposed IHA (83 FR 7680;
February 22, 2018), takes of marine mammals were estimated using counts
from 2000-2014 by WDFW at the South Jetty at the mouth of the Columbia
River. At the time of publication, these counts were believed to be the
best available data on pinniped occurrence in the lower Columbia River.
After publication of the Federal Register notice (83 FR 7680; February
22, 2018), NMFS learned of Oregon Department of Fish and Wildlife
(ODFW) aerial surveys of pinnipeds at the East Mooring Basin
(approximately one mile upstream from the project site) and Desdemona
Sands (approximately one mile downstream from the project site).
Estimated takes of California sea lions were recalculated using data
generated by those surveys (ODFW; Bryan Wright, pers. comm., March
2018).
Aerial surveys of the East Mooring Basin in Astoria from 2011 to
2017 were used to calculate take of California sea lions. Maximum daily
counts of California sea lions at the East Mooring Basin ranged from 3
in July 2016 to 3,834 in March 2016. In addition to ODFW aerial
surveys, the City conducted opportunistic surveys of pinnipeds at the
bridge sites in December 2017. A maximum of four California sea lions
were observed in the water surrounding the bridges and piers.
Additional California sea lions were heard vocalizing from the
riverbanks under the bridges but the number of sea lions could not be
determined. A conservative estimate of 16 California sea lions per day
may be hauled out on the riverbanks and subject to harassment from
above-water construction work.
Counts of Steller sea lions at the East Mooring Basin typically
numbered in the single digits (B. Wright, pers. comm., March 2018).
However, there are typically dozens of Steller sea lions at the
Bonneville Dam and a few individuals at Willamette Falls. While the sea
lions observed at Bonneville and Willamette are often the same
individuals seen daily, these animals must transit past Astoria at some
point in their travels from the Pacific to the

[[Page 19249]]

upper Columbia River (B. Wright, pers. comm., March 2018).
Numbers of harbor seals hauled out at Desdemona Sands have been
reported to reach into the thousands (Profita 2015) but specific counts
were unavailable. Without counts of harbor seals closer to the project
site, the maximum average count of harbor seals at the South Jetty (57
seals; WDFW 2014) is used to calculate take.

Take Calculation and Estimation

Here we describe how the information provided above is brought
together to produce a quantitative take estimate.
In the Federal Register notice for the proposed IHA (83 FR 7680;
February 22, 2018), take of each species was calculated using average
counts of pinnipeds at the South Jetty (WDFW 2014). Average monthly
counts were multiplied by months of activity to determine the total
take estimation. During the public comment period, we received
information that although the WDFW counts were presented as average
number of pinnipeds per month, the numbers were actually daily counts
and therefore should have been multiplied by days of activity. The take
limits in the final authorization were calculated by multiplying
maximum counts of pinnipeds by days of activity.
Although three species of pinniped occur in the vicinity of the
project, they do not occur in equal numbers. Harbor seals and Steller
sea lions do not haul-out near the project area and would only be
harassed if they are transiting through the in-water Level B harassment
zone (1,600 m for vibratory pile removal, 398 m for impact pile
driving) at the time of pile driving. Because harbor seals and Steller
sea lions do not have the potential to be harassed when hauled-out (in-
air), they would only be harassed during the in-water work period
(November through February).
California sea lions are the most commonly observed marine mammal
in the area, and are known to haul out on the riverbanks and structures
near the bridges. California sea lions may be harassed by underwater
sound resulting from vibratory pile removal and impact pile driving (at
the distances listed above) as well as airborne sound resulting from
roadway and railway demolition and construction. As such, California
sea lions may be subject to both in-water and in-air sources of
harassment (October through April).
Using the highest sound source (concrete saw, 93 dBrms
re: 20 [micro]Pa at 20 m), the isopleth to Level B harassment from
airborne noise (100 dB re: 20 [micro]Pa) is 9 m. The City is proposing
a 10 m shutdown zone during all railway and roadway above-water
construction to prevent injury from physical interaction with equipment
(see ``Mitigation''). The City would therefore shut down equipment
before sea lions would be acoustically harassed by the sound produced
and no Level B acoustic harassment would occur. However, the City
anticipates that California sea lions hauled out on the banks of the
river in the vicinity of the construction work may be visually
disturbed by the presence of construction equipment and may flush,
resulting in Level B take. Therefore, we have authorized take of
California sea lions during the above-water work period (October 2018
and March-April 2019).
While harbor seals and Steller sea lions would only be harassed
during the in-water work period (November through February), California
sea lions may be harassed over the entire duration of the project
(October through April). To determine the estimated exposure and take
of harbor seals, the maximum average daily count of harbor seals at the
South Jetty (57 seals) was multiplied by planned days of in-water work
(80 days). Similarly, the maximum number of Steller sea lions observed
at the Bonneville Dam (63; USACE 2017) and Willamette Falls (4; ODFW
2017) were multiplied by 80 days of in-water work to account for the
maximum number of Steller sea lions likely to be in the Columbia River
transiting past Astoria each day (Table 8).

Table 8--Take Calculation of Harbor Seals and Steller Sea Lions
----------------------------------------------------------------------------------------------------------------
Maximum daily Days of Total take
Species count activity (Level B)
----------------------------------------------------------------------------------------------------------------
Harbor seal..................................................... \1\ 57 80 4,560
Steller sea lion................................................ \2\ 67 80 5,360
----------------------------------------------------------------------------------------------------------------
\1\ WDFW 2014.
\2\ 63 sea lions at Bonneville Dam + 4 sea lions at Willamette Falls (USACE 2017; ODFW 2017).

Take of California sea lions was calculated by multiplying the
average maximum daily count per month by the days of activity in each
month (Table 9).

Table 9--Take Calculation of California Sea Lions
----------------------------------------------------------------------------------------------------------------
Total takes
Month Daily average Days of work per month
maximum \1\ in month \2\ (Level B)
----------------------------------------------------------------------------------------------------------------
October......................................................... 16 22 352
November........................................................ 141 20 2,817
December........................................................ 135 20 2,690
January......................................................... 408 21 8,577
February........................................................ 980 19 18,612
March........................................................... 16 21 336
April........................................................... 16 22 352
-----------------------------------------------
Total Takes................................................. .............. .............. 33,736
----------------------------------------------------------------------------------------------------------------
\1\ B. Wright, pers. comm.
\2\ Days of work excludes weekends and holidays.

[[Page 19250]]

Mitigation

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

Mitigation for Marine Mammals and Their Habitat

General Construction Measures--All construction activities shall be
performed in accordance with the current Oregon Department of
Transportation (ODOT) Standard Specifications for Construction, the
Contract Plans, and the Project Special Provisions. In addition, the
following general construction measures shall be adhered to:
All work below the highest measured tide shall be
completed during the ODFW prescribed in-water work period of November 1
through February 28;
All work shall be performed according to the requirements
and conditions of the regulatory permits issued by federal, state, and
local governments. Seasonal restrictions, i.e., work windows, shall be
applied to the Project to avoid or minimize potential impacts to listed
or proposed species based on agreement with, and the regulatory permits
issued by Department of State Lands, and U.S. Army Corps of Engineers
(USACE) in consultation with NMFS. The City shall comply with all
stipulations from the FAHP Biological Opinion for salmonids (i.e.,
using air bubble curtains);
The City shall have an inspector onsite during
construction. The role of the inspector is to ensure compliance with
the construction contract and other permits and regulations. The onsite
inspector shall also perform marine mammal monitoring duties when
protected species observers (PSOs) are not onsite (See Proposed
Monitoring section);
To ensure no contaminants enter the water, mobile heavy
equipment shall be stored in a staging area at least 150 ft from the
river or in an isolated hard zone. Equipment shall be inspected daily
for fluid leaks before leaving the staging area. Stationary equipment
operated within 150 ft of the river shall be maintained and protected
to prevent leaks and spills. Erosion and sediment control BMPs shall be
installed prior to initiating and construction activities; and
The contractor shall be responsible for the preparation of
a Pollution Control Plan (PCP). The PCP shall designate a professional
on-call spill response team, and identify all contractor activities,
hazardous substances used, and wastes generated. The PCP shall describe
how hazardous substances and wastes will be stored, used, contained,
monitored, disposed of, and documented.
Pile Removal and Installation BMPs--The following mitigation
measures shall be implemented to minimize disturbance during pile
removal and installation activities:
An air bubble system shall be employed during impact
installation unless the piles are driven on dry areas;
The contractor shall implement a soft-start procedure for
impact pile driving activities. The objective of a soft-start is to
provide a warning and/or give animals in close proximity to pile
driving a chance to leave the area prior to an impact driver operating
at full capacity, thereby exposing fewer animals to loud underwater and
airborne sounds. A soft-start procedure shall be used at the beginning
of each day that pile installation activities are conducted (i.e., for
impact driving, an initial set of three strikes would be made by the
hammer at 40 percent energy, followed by a one minute wait period, then
two subsequent 3-strike sets at 40 percent energy, with one minute
waiting periods, before initiating continuous driving);
Monitoring of marine mammals shall take place starting 30
minutes before construction begins until 30 minutes after construction
ends (See Proposed Monitoring);
Before beginning vibratory pile removal activities, the
City shall establish a 15 m shutdown zone to protect marine mammals
from Level A harassment;
Before beginning impact pile driving activities, the City
shall establish a 55 m shutdown zone to protect marine mammals from
Level A harassment;
Before beginning any in-water work (not including pile
driving/removal) and any above-water construction activities, the City
shall establish a 10 m Level A shutdown zone to prevent injury from
physical interaction with construction equipment;
The City shall shut down operations if a marine mammal is
sighted within or approaching the shutdown zone until the marine mammal
is sighted moving away from the shutdown zone, or if not sighted for 15
minutes after the shutdown;
If a species for which authorization has been not been
granted or for which authorization has been granted but the take limit
has been met approaches or enters the Level B harassment zone,
construction activity must cease and the City shall contact the Office
of Protected Resources, NMFS;
If the shutdown zone is obscured by poor lighting
conditions, pile driving shall not be initiated until the entire zone
is visible; and
In-water work shall only commence once observers have
declared the shutdown zone clear of marine mammals.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the mitigation measures provide the means effecting
the least practicable impact on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance.

[[Page 19251]]

Monitoring and Reporting

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

Monitoring

The following marine mammal monitoring measures are included in the
IHA.
(1) Protected Species Observers: The City shall employ two
qualified PSOs to monitor the extent of the Region of Activity for
marine mammals. Qualifications for marine mammal observers include:
a. Visual acuity in both eyes (correction is permissible)
sufficient for discerning moving targets at the water's surface with
ability to estimate target size and distance. Use of binoculars is
necessary to correctly identify the target;
b. Advanced education (at least some college level course work) in
biological science, wildlife management, mammalogy, or related fields
(bachelor's degree or higher is preferred but not required);
c. Experience or training in the field identification of marine
mammals (cetaceans and pinnipeds);
d. Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
e. 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;
f. Experience and ability to conduct field observations and collect
data according to assigned protocols (this may include academic
experience); and
g. 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;
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 Region of
Activity.
(2) Monitoring Schedule: PSOs shall be present onsite during IWW
construction activities as follows:
a. During vibratory pile removal activities:
i. Two NMFS qualified observers shall be onsite the first day of
removal at each bridge, one NMFS qualified observer shall be onsite
every third day thereafter.
ii. One NMFS qualified observer shall be stationed at the best
practicable land-based vantage point to observe the downstream portion
of the disturbance zone, and the other positioned at the best
practicable land-based vantage point to monitor the upstream portion of
the disturbance zone.
iii. When PSOs are not onsite, the contractor's onsite inspector
shall be trained in species identification and monitoring protocol, and
shall be onsite during all pile removal activities to ensure that no
species enter the 15 m shutdown zone.
b. During pile driving activities:
i. Two NMFS qualified observers shall be onsite the first two days
of pile driving at each bridge, and every third day thereafter.
ii. One NMFS observer shall be stationed at the best practicable
land-based vantage point to observe the downstream portion of the
disturbance and exclusion zones, and the other positioned at the best
practicable land-based vantage point to monitor the upstream portion of
the disturbance and exclusion zones.
iii. When PSOs are not onsite, the contractor's onsite inspector
shall be trained in species identification and monitoring protocol, and
shall be onsite during all pile driving activities to ensure that no
species enter the shutdown zone.
c. During in-water substructure demolition activities (not
including pile driving/removal) and above-water superstructure
demolition and construction activities:
i. One NMFS qualified observer shall be onsite once a week to
monitor the shutdown zone within 10 m of the construction site.
ii. When PSO is not on-site, the contractor's inspector shall be
trained in species identification and monitoring protocol, and shall be
onsite during all construction activities to ensure that no species
enter the 10 m shutdown zone during superstructure demolition and
construction activities.
(3) Monitoring Protocols: PSOs shall monitor marine mammal presence
within the shutdown zone and Level B harassment zones per the following
protocols:
a. A range finder or hand-held global positioning system device
shall be used by PSOs to ensure that the defined shutdown zones are
fully monitored and the Level B ZOIs monitored to the best extent
practicable.
b. A 30-minute pre-construction marine mammal monitoring period
shall be required before the first pile driving or pile removal of the
day. A 30-minute post-construction marine mammal monitoring period
shall be required after the last pile driving or pile removal of the
day. If the contractor's personnel take a break between subsequent pile
driving or pile removal for more than 30 minutes, then additional pre-
construction marine mammal monitoring shall be required before the next
start-up of pile driving or pile removal.
c. If marine mammals are observed, the following information shall
be documented:
i. Species of observed marine mammals;

[[Page 19252]]

ii. Number of observed marine mammal individuals;
iii. Life stages of marine mammals observed;
iv. Behavioral habits, including feeding, of observed marine
mammals, in both presence and absence of activities;
v. Location within the Region of Activity; and
vi. Animals' reaction (if any) to pile driving activities or other
construction-related stressors including:
1. Impacts to the long-term fitness of the individual animal, if
any
2. Long-term impacts to the population, species, or stock (e.g.,
through effects on annual rates of recruitment or survival), if any
vii. Overall effectiveness of mitigation measures
d. During vibratory pule removal and impact driving, qualified PSOs
shall monitor the Level B harassment zones from the best practicable
land-based vantage point to observe the downstream and upstream
portions of the disturbance zone according to the above schedule.
e. PSOs shall use binoculars to monitor the Level B harassment
zone.
f. PSOs shall keep a running tally of takes of each marine mammal
species authorized by extrapolating the observed takes to the days when
monitoring did not occur. The City shall notify the Office of Protected
Resources, NMFS if takes of any species come with five percent of the
take limits established in the IHA.

Reporting

(1) The City shall provide NMFS with a draft monitoring report
within 90 days of the conclusion of the construction work. This report
shall detail the monitoring protocol, summarize the data recorded
during monitoring, and estimate the number of marine mammals that may
have been harassed.
(2) If comments are received from the NMFS West Coast Regional
Administrator or NMFS Office of Protected Resources on the draft
report, a final report shall be submitted to NMFS within 30 days
thereafter. If no comments are received from NMFS, the draft report
will be considered to be the final report.
(3) In the unanticipated event that the construction activities
clearly cause the take of a marine mammal in a manner prohibited by the
NMFS authorization, such as an injury, serious injury, or mortality),
the City shall immediately cease all operations and immediately report
the incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, and the West Coast Regional Stranding Coordinator,
(206) 526-4747. The report must include the following information:
a. Time, date, and location (latitude/longitude) of the incident;
b. Description of the incident;
c. Status of all sound source use in the 24 hours preceding the
incident;
d. Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility, and water depth);
e. Description of marine mammal observations in the 24 hours
preceding the incident;
f. Species identification or description of the animal(s) involved,
including life stage and the fate of the animal(s); and
g. Photographs or video footage of the animal(s) (if equipment is
available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with the City to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. Activities may not be
resumed until notified by NMFS via letter, email, or telephone.
(4) In the event that the City discovers an injured or dead marine
mammal, and the lead PSO determines that the cause of injury or death
is unknown and the death is relatively recent (i.e., in less than a
moderate state of decay as described in the next paragraph), the City
shall immediately report the incident to the Chief, Permits and
Conservation Division, Office of Protected Resources, NMFS, and the
West Coast Regional Stranding Coordinators. The report must contain the
same information identified above. Activities may continue while NMFS
reviews the circumstances of the incident. NMFS will work with the City
to determine whether modifications in the activities are appropriate.
(5) In the event that the City 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), the City shall report the incident
to the Chief, Permits and Conservation Division, Office of Protected
Resources, NMFS, and the West Coast Regional Stranding Coordinators,
within 24 hours of the discovery. The City shall provide photographs or
video footage (if available) or other documentation of the stranded
animal sighting to NMFS and the Marine Mammal Stranding Network. The
City can continue its operations under such a case.

Negligible Impact Analysis and Determination

NMFS has defined negligible impact as ``an impact resulting from
the specified activity that cannot be reasonably expected to, and is
not reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival'' (50 CFR 216.103).
A negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. We also assess the number, intensity, and context of
estimated takes by evaluating this information relative to population
status. Consistent with the 1989 preamble for NMFS's implementing
regulations (54 FR 40338; September 29, 1989), the impacts from other
past and ongoing anthropogenic activities are incorporated into this
analysis via their impacts on the environmental baseline (e.g., as
reflected in the regulatory status of the species, population size and
growth rate where known, ongoing sources of human-caused mortality, or
ambient noise levels).
To avoid repetition, the discussion of our analyses applies to all
three species authorized to be taken by this project (California sea
lion, Steller sea lion, and harbor seal), given that the anticipated
effects of this activity on these different marine mammal stocks are
expected to be similar. There is little information about the nature or
severity of the impacts, or the size, status, or structure of any of
these species or stocks that would lead to a different analysis for
this activity.
Authorized takes are expected to be limited to short-term Level B
harassment. Marine mammals present in the vicinity of the action area
and taken by Level B harassment would most likely show overt brief
disturbance (e.g., startle reaction, flushing) and avoidance of the
area from elevated noise levels during pile removal and installation
and railway superstructure construction. The project is not expected to
have a significant adverse effect on affected marine mammal habitat, as
discussed in

[[Page 19253]]

detail in the ``Anticipated Effects on Marine Mammal Habitat'' section.
There is no critical habitat in the vicinity of the project and the
project activities would not permanently modify existing marine mammal
habitat. The impacts to marine mammal habitat from the construction
actions are expected to be temporary and include increased human
activity and noise levels, minimal impacts to water quality, and
negligible changes in prey availability near the individual bridge
sites. The project may benefit marine mammal habitat by removing
several hundred treated timber piles from the Columbia River.
Impacts to pinnipeds are expected to be minor and temporary. The
area likely impacted by the construction is relatively small compared
to the available habitat in the river. Pinnipeds in the vicinity are
likely habituated to high levels of human activity as the Astoria
waterfront is a highly developed area. Exposures to elevated sound
levels produced during pile driving and removal activities may cause
behavioral responses by an animal, but they are expected to be minor
and temporary. Animals may become alert, avoid the area, leave the
area, or show no observable response. Given the short daily duration of
noise-generating activities and the limited season of in-water work,
any harassment would be temporary. For California and Steller sea
lions, sub-adult and adult males could be harassed during construction
activities. For harbor seals, sub-adult and adult males and/or females
could be harassed during construction activities. The project occurs
outside of known pupping periods for all species, and there are no
known rookeries within the region of activity. Therefore, no pups or
breeding adults are expected to be affected by the project activities.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect the species or stock through
effects on annual rates of recruitment or survival:
No injury is anticipated or authorized;
No serious injury or mortality is anticipated or
authorized;
In-water work is limited to a four-month period, and
likely only 80 days within that time;
No permanent effects to marine mammal habitat or prey is
expected;
Marine mammals are currently exposed to high human use
area and are likely habituated to disturbance;
Any impacts from the project are expected to result in
short-term, mild behavioral reactions such as avoidance or flushing;
There are no known important feeding, pupping, or other
areas of biological significance in the project area; and
The project affects only a small percentage of each stock
of marine mammal affected, and only in a limited portion of their
overall range.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the proposed activity will have a negligible impact on all affected
marine mammal species or stocks.

Small Numbers

As noted above, only small numbers of incidental take may be
authorized under section 101(a)(5)(D) of the MMPA for specified
activities other than military readiness activities. The MMPA does not
define small numbers and so, in practice, where estimated numbers are
available, NMFS compares the number of individuals taken to the most
appropriate estimation of abundance of the relevant species or stock in
our determination of whether an authorization is limited to small
numbers of marine mammals. Additionally, other qualitative factors may
be considered in the analysis, such as the temporal or spatial scale of
the activities.

Table 10--Authorized Pinniped Take, by Level B Harassment
------------------------------------------------------------------------
Authorized Percent of
take stock
------------------------------------------------------------------------
California Sea Lion..................... 33,736 11.4
Steller Sea Lion........................ 5,360 12.9
Harbor Seal............................. 4,560 18.4
------------------------------------------------------------------------

The number of instances of take of each stock proposed to be taken
as a result of this project is less than 20 percent of the total stock
(Table 10). Additionally, the number of takes requested is based on the
number of estimated exposures, not necessarily the number of
individuals exposed. Pinnipeds may remain in the general area of the
project sites and the same individuals may be harassed multiple times
over multiple days, rather than numerous individuals harassed once.
Therefore, the percent of stock may be less since the numbers
represented in Table 10 assume distinct individuals.
Based on the analysis contained herein of the proposed activity
(including the proposed mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals will be taken relative to the population size of the
affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

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

Endangered Species Act (ESA)

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

[[Page 19254]]

Authorization

As a result of these determinations, NMFS has issued an IHA to the
City for the harassment of small numbers of California sea lions,
Steller sea lions, and Pacific harbor seals incidental to construction
activities related to bridge replacements in Astoria, Oregon, provided
the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.

Dated: April 26, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-09238 Filed 5-1-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19243

or breeding adults would not be present determination of whether an adverse impact on the availability of
during the activity days. authorization is limited to small such species or stocks for taking for
Moreover, the USFWS’s mitigation numbers of marine mammals. subsistence purposes.
measures regarding vessel approaches Additionally, other qualitative factors
and procedures that attempt to Endangered Species Act (ESA)
may be considered in the analysis, such
minimize the potential to harass the as the temporal or spatial scale of the No incidental take of ESA-listed
seals would minimize the potential for activities. species is authorized or expected to
flushing and large-scale movements. These incidental harassment take result from this activity. Therefore,
Thus, the potential for large-scale numbers represent less than three NMFS has determined that formal
movements and flushing leading to percent of the affected stocks of harbor consultation under section 7 of the ESA
injury, serious injury, or mortality is seals. is not required for this action.
low. Under the 2017 draft SARs, the take
number of gray seals exceeds the stock Authorization
In summary and as described above,
the following factors primarily support abundance estimate in U.S. waters. As a result of these determinations,
our determination that the impacts However, actual take may be slightly NMFS has issued an IHA to the USFWS
resulting from this activity are not less if animals decide to haul out at a for the harassment of small numbers of
expected to adversely affect the species different location for the day or if gray and harbor seals incidental to
or stock through effects on annual rates animals are foraging at the time of the seabird and shorebird research activities
of recruitment or survival: survey activities. The number of at the Eastern Massachusetts National
• No injury (Level A harassment) or individual seals taken is also assumed Wildlife Refuge Complex,
serious injury is anticipated or to be less than the take estimate since Massachusetts, provided the previously
authorized; these species show high philopatry mentioned mitigation, monitoring, and
• No mortality is anticipated or (Waring et al., 2016; Wood et al., 2011). reporting requirements are incorporated.
authorized; We expect the take numbers to represent
Dated: April 26, 2018.
• Impacts will occur to a localized the number of exposures, but assume
Donna S. Wieting,
group of animals; that the same seals may be behaviorally
• Disturbance will be limited to a harassed over multiple days, and the Director, Office of Protected Resources,
short duration, allowing marine likely number of individual seals that National Marine Fisheries Service.
mammals to reoccupy haulouts within a may be harassed would be less. In [FR Doc. 2018–09239 Filed 5–1–18; 8:45 am]
short amount of time; addition, this project occurs in a small BILLING CODE 3510–22–P
• Activities will occur during the portion of the overall range of the
least sensitive time (e.g., April through Northwest Atlantic population of gray
November, outside of pupping season) seals. While there is evidence of haulout DEPARTMENT OF COMMERCE
for pinnipeds hauled out in the site philopatry, resights of tagged and
National Oceanic and Atmospheric
Complex, therefore no pups or breeding branded animals and satellite tracks of
Administration
adults would be present during the tagged animals show movement of
activity days; and individuals between the United States RIN 0648–XF882
• The USFWS’s mitigation measures and Canada (Puryear et al., 2016). The
regarding visual and acoustic percentage of time that individuals are Takes of Marine Mammals Incidental to
disturbance to hauled out pinnipeds resident in U.S. waters is unknown Specified Activities; Taking Marine
would minimize the potential for (NMFS 2017). Genetic evidence Mammals Incidental to Astoria
flushing and large-scale movements, provides a high degree of certainty that Waterfront Bridge Replacement Project
therefore the potential for large-scale the Western North Atlantic stock of gray AGENCY: National Marine Fisheries
movements and flushing leading to seals is a single stock (Boskovic et al., Service (NMFS), National Oceanic and
injury, serious injury, or mortality is 1996; Wood et al., 2011). Thus, although Atmospheric Administration (NOAA),
low; the U.S. stock estimate is only 27,131, Commerce.
Based on the analysis contained the overall stock abundance is 451,131.
herein of the likely effects of the ACTION: Notice; Issuance of an Incidental
The gray seal take estimate for this
specified activity on marine mammals project represents less than nine percent Harassment Authorization.
and their habitat, and taking into of the overall Western North Atlantic SUMMARY: In accordance with the
consideration the implementation of the stock abundance in U.S. and Canadian regulations implementing the Marine
monitoring and mitigation measures, waters (Table 4). Mammal Protection Act (MMPA) as
NMFS finds that the total marine Based on the analysis contained amended, notification is hereby given
mammal take from the activity will have herein of the activity (including the that NMFS has issued an incidental
a negligible impact on all affected mitigation and monitoring measures) harassment authorization (IHA) to the
marine mammal species or stocks. and the anticipated take of marine City of Astoria, Oregon, to incidentally
mammals, NMFS finds that small harass, by Level B harassment only,
Small Numbers
numbers of marine mammals will be marine mammals during construction
As noted above, only small numbers taken relative to the population size of
of incidental take may be authorized activities associated with a waterfront
the affected species or stocks. bridges replacement project in Astoria,
under section 101(a)(5)(D) of the MMPA
for specified activities other than Unmitigable Adverse Impact Analysis Oregon.
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military readiness activities. The MMPA and Determination DATES: This authorization is effective
does not define small numbers and so, There are no relevant subsistence uses from October 1, 2018 through
in practice, where estimated numbers of the affected marine mammal stocks or September 30, 2019.
are available, NMFS compares the species implicated by this action. FOR FURTHER INFORMATION CONTACT:
number of individuals taken to the most Therefore, NMFS has determined that Amy Fowler, Office of Protected
appropriate estimation of abundance of the total taking of affected species or Resources, NMFS, (301) 427–8401.
the relevant species or stock in our stocks would not have an unmitigable Electronic copies of the IHA and

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19244 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices

supporting documents, as well as a list incidental harassment authorization) been made to the planned construction
of the references cited in this document, with respect to potential impacts on the activities. Therefore, a detailed
may be obtained online at: https:// human environment. description is not provided here. Please
www.fisheries.noaa.gov/node/23111. In This action is consistent with refer to that Federal Register notice for
case of problems accessing these categories of activities identified in CE the description of the specific activity.
documents, please call the contact listed B4 of the Companion Manual for NOAA
Administrative Order 216–6A, which do Comments and Responses
above.
SUPPLEMENTARY INFORMATION: not individually or cumulatively have A notice of NMFS’ proposal to issue
the potential for significant impacts on an IHA was published in the Federal
Background the quality of the human environment Register on February 22, 2018 (83 FR
Sections 101(a)(5)(A) and (D) of the and for which we have not identified 7680). During the 30-day public
MMPA (16 U.S.C. 1361 et seq.) direct any extraordinary circumstances that comment period, the Marine Mammal
the Secretary of Commerce (as delegated would preclude this categorical Commission (Commission) submitted a
to NMFS) to allow, upon request, the exclusion. Accordingly, NMFS has letter on March 21, 2018. The
incidental, but not intentional, taking of preliminarily determined that the Commission provided comments as
small numbers of marine mammals by issuance of the proposed IHA qualifies described below and concurred with
U.S. citizens who engage in a specified to be categorically excluded from NMFS’s finding that recommended the
activity (other than commercial fishing) further NEPA review. issuance of an IHA to the City, subject
within a specified geographical region if to the inclusion of the mitigation,
Summary of Request monitoring, and reporting measures.
certain findings are made and either
regulations are issued or, if the taking is On October 17, 2017, NMFS received Comment 1: The Commission
limited to harassment, a notice of a a request from the City of Astoria (City), commented that NMFS’ method of
proposed authorization is provided to Oregon, for an IHA to take marine estimating takes from this project was
the public for review. mammals incidental to replacement of inappropriate. Rather than multiplying
An authorization for incidental bridges in downtown Astoria along the the average count of pinnipeds from the
takings shall be granted if NMFS finds Columbia River. The application was South Jetty by months of activity, NMFS
that the taking will have a negligible considered adequate and complete on should have multiplied by days of
impact on the species or stock(s), will January 17, 2018. The City’s request was activity. As a result, the take numbers
not have an unmitigable adverse impact for take of California sea lions proposed in the Federal Register notice
on the availability of the species or (Zalophus californianus), Steller sea (83 FR 7680; February 22, 2018) were
stock(s) for subsistence uses (where lions (Eumetopias jubatus), and harbor underestimated. The Commission
relevant), and if the permissible seals (Phoca vitulina richardii) by Level recommended revising the take
methods of taking and requirements B harassment only. Neither the City nor estimates to better reflect the likelihood
pertaining to the mitigation, monitoring NMFS expect mortality to result from of pinniped occurrence in the project
and reporting of such takings are set this activity and, therefore, an IHA is area.
forth. appropriate. Response 1: NMFS concurs with the
NMFS has defined ‘‘negligible Commission recommendation and has
Description of the Specified Activity modified the authorized take limits to
impact’’ in 50 CFR 216.103 as ‘‘. . . an
impact resulting from the specified The City of Astoria is planning to account for newly available site-specific
activity that cannot be reasonably replace three bridges connecting city data. These changes are described
expected to, and is not reasonably likely streets to waterfront piers in the further in the ‘‘Marine Mammal
to, adversely affect the species or stock Columbia River. The bridges are Occurrence’’ and ‘‘Take Calculation and
through effects on annual rates of currently supported by deteriorated Estimation’’ sections in this notice. As
recruitment or survival.’’ timber piles, which will be removed and a result of this modification, NMFS
The MMPA states that the term ‘‘take’’ replaced with steel piles. Bridge authorized the take of 33,736 California
means to harass, hunt, capture, kill or replacement is scheduled to begin with sea lions, 5,360 Steller sea lions, and
attempt to harass, hunt, capture, or kill above-water work to remove the 4,560 harbor seals.
any marine mammal. Except with superstructures of the bridges in Comment 2: The Commission
respect to certain activities not pertinent October 2018. In-water pile removal and requested clarification of certain issues
here, the MMPA defines ‘‘harassment’’ installation will occur over 80 days associated with NMFS’s notice that one-
as: Any act of pursuit, torment, or between November 1, 2018 and year renewals could be issued in certain
annoyance which (i) has the potential to February 28, 2019. Vibratory removal of limited circumstances and expressed
injure a marine mammal or marine 255 timber piles is expected to take 26 concern that the process would bypass
mammal stock in the wild (Level A days while impact driving of 74 the public notice and comment
harassment); or (ii) has the potential to permanent steel piles and installation requirements. The Commission also
disturb a marine mammal or marine and subsequent removal of 10 suggested that NMFS should discuss the
mammal stock in the wild by causing temporary steel piles is expected to take possibility of renewals through a more
disruption of behavioral patterns, 42 days. The remaining 12 days of in- general route, such as a rulemaking,
including, but not limited to, migration, water work will be used to remove instead of notice in a specific
breathing, nursing, breeding, feeding, or concrete footings and a concrete authorization. The Commission further
sheltering (Level B harassment). retaining wall along the riverbank. recommended that if NMFS did not
Additional above-water construction to pursue a more general route, that the
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National Environmental Policy Act replace the bridge superstructures will agency provide the Commission and the
To comply with the National occur in March and April 2019. public with a legal analysis supporting
Environmental Policy Act of 1969 A detailed description of the planned our conclusion that this process is
(NEPA; 42 U.S.C. 4321 et seq.) and bridge replacement project is provided consistent with the requirements of
NOAA Administrative Order (NAO) in the Federal Register notice for the 101(a)(5)(D) of the MMPA.
216–6A, NMFS must review our proposed IHA (83 FR 7680; February 22, Response 2: The process of issuing a
proposed action (i.e., the issuance of an 2018). Since that time, no changes have renewal IHA does not bypass the public

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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19245

notice and comment requirements of the effects of a renewal at the same time the actions, including brief introductions to
MMPA. The notice of the proposed IHA public provides comments on the initial the species and relevant stocks as well
expressly notifies the public that under IHA. NMFS has, however, modified the as available information regarding
certain, limited conditions an applicant language for future proposed IHAs to population trends and threats, and
could seek a renewal IHA for an clarify that all IHAs, including renewal information regarding local occurrence,
additional year. The notice describes the IHAs, are valid for no more than one are provided in the City’s application
conditions under which such a renewal year and that the agency would consider and the Federal Register notice for the
request could be considered and only one renewal for a project at this proposed IHA (83 FR 7680; February 22,
expressly seeks public comment in the time. In addition, notice of issuance or 2018). We are not aware of any changes
event such a renewal is sought. denial of a renewal IHA would be in the status of these species and stocks;
Importantly, such renewals would be published in the Federal Register, as are therefore, detailed descriptions are not
limited to where the activities are all IHAs. Last, NMFS will publish on
identical or nearly identical to those provided here. Please refer to that
our website a description of the renewal
analyzed in the proposed IHA, Federal Register notice for these
process before any renewal is issued
monitoring does not indicate impacts descriptions. Please refer to additional
utilizing the new process.
that were not previously analyzed and species information available in the
authorized, and the mitigation and Description of Marine Mammals in the NMFS stock assessment reports for the
monitoring requirements remain the Area of Specified Activities Pacific and Alaska at http://
same, all of which allow the public to A detailed description of the species www.nmfs.noaa.gov/pr/sars/region.htm.
comment on the appropriateness and likely to be affected by the City’s
TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF ASTORIA
ESA/ Stock abundance
MMPA (CV, Nmin, most recent Annual Relative
Common name Scientific name Stock status; abundance PBR M/SI 3 occurrence
strategic survey) 2 near Astoria
(Y/N) 1

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared
seals and sea lions):
California sea lion ...... Zalophus californianus ..... U.S. .................................. -; N 296,750 (N/A, 153,337, 9,200 389 Likely.
2011).
Steller sea lion ........... Eumetopias jubatus ......... Eastern U.S. ..................... -; N 41,638 (N/A, 41,638, 2,498 108 Likely.
2015).
Family Phocidae (earless
seals):
Pacific harbor seal ..... Phoca vitulina richardii ..... Oregon/Washington Coast -; N Unknown (0.12, 24,732, undet. 10.6 Likely.
1999).
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. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV.
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 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.

Potential Effects of Specified Activities on marine mammals (e.g., temporary the number of takes is ‘‘small’’ and the
on Marine Mammals and Their Habitat hearing impairment, behavioral negligible impact determination.
The effects of underwater noise from disturbance, and stress). The new Harassment is the only type of take
vibratory and impact pile driving and bridges will be installed within the expected to result from these activities.
airborne noise from superstructure footprint of the existing bridges, Except with respect to certain activities
construction for the bridge replacement therefore no new permanent impacts to not pertinent here, section 3(18) of the
project have the potential to result in habitats used by marine mammals MMPA defines ‘‘harassment’’ as any act
behavioral harassment of marine would result from the project. Some of pursuit, torment, or annoyance which
mammals in the vicinity of the action short-term impacts to prey availability (i) has the potential to injure a marine
area. The Federal Register notice for the (e.g., fish) and minor impacts to the mammal or marine mammal stock in the
proposed IHA (83 FR 7680; February 22, immediate substrate may occur as a wild (Level A harassment); or (ii) has
2018) included a discussion of the result of increased turbidity from pile the potential to disturb a marine
effects of the project and anthropogenic installation and removal but the effects mammal or marine mammal stock in the
noise on marine mammals, therefore are expected to be minimal. No critical wild by causing disruption of behavioral
that information is not repeated here; habitat for any marine mammal species patterns, including, but not limited to,
please refer to the Federal Register migration, breathing, nursing, breeding,
occurs in the project area.
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notice (83 FR 7680; February 22, 2018) feeding, or sheltering (Level B
for that information. We provide a Estimated Take harassment).
summary here. Authorized takes are by Level B
The main impact associated with the This section provides an estimate of harassment only, for individual marine
bridge replacement project would be the number of incidental takes mammals resulting from exposure to
exposure to temporarily elevated sound authorized by this IHA, which informs pile driving and construction activities.
levels and the associated direct effects both NMFS’ consideration of whether Based on the nature of the activity and

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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19247

dB (rms) at 20 meters (m) from the incidental to the use of a vibratory disturbance may occur incidental to the
sound source, with the loudest airborne hammer due to propagation of use of an impact hammer due to the
noise produced by the use of a concrete underwater noise during the removal of propagation of underwater noise during
saw (Hanan & Associates, 2014). These the existing timber substructures. An the installation of permanent and
noise levels are based on acoustic data estimated 255 timber piles will need to temporary steel piles. The City will
collected during the City of San Diego be removed to facilitate construction of install a total of 74 24-in and 10 16-in
Lifeguard Station Demolition and the three new crossings. It is anticipated steel piles. The City used the sound
Construction Monitoring project. Using that the contractor will need to utilize source levels from 24-in piles only to
the Spherical Spreading Loss Model a vibratory hammer during extraction. estimate the Level B harassment zone
(20logR), a maximum sound source Removal via vibratory hammer will due to pile driving as the sound source
level of 93 dB (rms) at 20 m, sound result in the greatest amount of levels from 24-in piles are greater than
levels in-air would attenuate below the underwater noise during construction those of 16-in piles. The City will use
90dB (rms) Level B harassment and will be the farthest reaching extent
the Level B harassment zone created by
threshold for harbor seals at 28 m, and of aquatic impacts during pile removal
installation of 24-in piles during the
below the 100 dB (rms) threshold for all activities. We note that some pile
other pinnipeds at 9 m. Harbor seals are removal will occur in the dry installation of 16-in piles to be
only present in the main river channel (depending on tidal stage); however, we conservative.
and are not expected to occur within 28 conservatively assumed all work would Based on the most recent WSDOT
m of the activity and are therefore not occur in-water since it is not feasible to data, the unmitigated sound pressure
expected to be harassed by in-air sound. determine how many piles would be level associated with impact pile
Additionally, the city will implement a removed in the dry. When piles are driving 24-in steel piles is 194 dB RMS
10 m shutdown zone for all general removed at lower tidal stages, we do not at 10 m (WSDOT 2016). The contractor
construction work to prevent injury anticipate sound to propagate as far or, will be required to use a bubble curtain
from physical interaction with in the case of no water, at all. device during impact pile driving in
equipment. The City would therefore Washington State Department of compliance with the Federal Aid
shut down equipment before hauled out Transportation (WSDOT) monitored Highway Program (FAHP) Programmatic
sea lions could be acoustically harassed underwater noise during the removal of Biological Opinion, which will be
by the sound produced. No Level B three 12-in timber dolphin piles at Port utilized for ESA coverage for listed
harassment is expected to occur due to Townsend (Laughlin 2011a). Most of the salmonids. Use of a bubble curtain
increased sounds from railway and timber piles to be removed in this device was assumed to decrease initial
roadway construction. However, sea project are 12-in but some may be up to sound levels by 10 dB (Reyff, 2007),
lions may be disturbed by the presence 14-in. Average noise levels during
resulting in an initial sound pressure
of construction equipment and vibratory removal of the wood piles
level (SPL) of 184 dB RMS at 10 m from
increased human presence during were measured at 150 dB (rms) at 16 m
the source. Using the values from
above-water construction. from the source. The Practical
Although some piles may potentially Spreading Loss Model (15logR) was WSDOT in the Practical Spreading Loss
be driven or removed in the dry due to used to calculate the in-water Level B Model (15logR), the distance to the 160
tidal conditions, the City assumed all harassment zone during vibratory pile dB behavioral disturbance threshold is
pile driving and removal will occur in removal. Using a measurement of 150dB calculated to be 398 m from the pile
water. The Level B harassment zone for at 16 m, a 1,600 m Level B harassment when a noise attenuation device is used
in-water pile driving and removal is zone (120 dB rms threshold) is expected (Table 3) as opposed to 1,848 m when
greater than the airborne Level B for vibratory pile removal activities. a device is not used. The use of a noise
harassment zone so no airborne Based on the contours of the shoreline attenuation device would shrink the
harassment is requested from pile and 1,600 m Level B harassment zone, distance at which noise exceeds the
driving or removal. All harassment due a total of 4.5 square kilometers (km2) is thresholds by approximately 80 percent,
to pile driving and removal is assumed expected to be ensonified due to resulting in a significantly smaller area
to be in-water. vibratory pile removal (see Figure 10 in of potential impact. With a 398 m Level
In-Water Disturbance during application) (Table 7). B harassment zone, a total of 0.40 km2
Vibratory Pile Removal—Level B In-Water Disturbance during Impact is expected to be ensonified by impact
behavioral disturbance may occur Pile Driving—Level B behavioral pile driving (Figure 11 in application).

TABLE 3—INPUTS AND RESULTING DISTANCES TO LEVEL B HARASSMENT ISOPLETHS
Propagation Level B Level B
SL
Activity Threshold level loss isopleth area
(distance measured) coefficient (m) (km2)

Vibratory pile driving/removal 150 dB (16 m) ...................... 120 dB re 1 μPa ................... 15 1,600 4.5
Impact pile driving (24-in 184 dB (10 m) a .................... 160 dB re 1 μPa ................... 15 398 0.4
piles).
General Construction (in-air) 93 dB (20 m) ........................ 100 dB re 20 μPa b ............... 20 9m n/a
a Proxy
SL with 10 dB reduction due to bubble curtain.
b 100 dB re 20 μPa airborne threshold applies only to sea lions. The distance to the 90 dB re 20μPa applicable to harbor seals is 28 m but
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harbor seals are not expected to be harassed by airborne sound, as described above.

Level A Harassment the fact that ensonified area/volume developed a User Spreadsheet that
could be more technically challenging includes tools to help predict a simple
When NMFS Technical Guidance to predict because of the duration isopleth that can be used in conjunction
(2016) was published, in recognition of component in the new thresholds, we with marine mammal density or

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19248 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices

occurrence to help predict takes. We appropriate isopleths when more distance at which, if a marine mammal
note that because of some of the sophisticated 3D-modeling methods are remained at that distance the whole
assumptions included in the methods not available, and NMFS continues to duration of the activity, it would not
used for these tools, we anticipate that develop ways to quantitatively refine incur permanent threshold shift (PTS).
isopleths produced are typically going these tools, and will qualitatively Inputs used in the User Spreadsheet,
to be overestimates of some degree, address the output where appropriate. and the resulting isopleths are reported
which will result in some degree of For stationary sources (such as impact below.
overestimate of Level A take. However, and vibratory pile driving), NMFS User
these tools offer the best way to predict Spreadsheet predicts the closest

TABLE 4—PTS ISOPLETH DATA FOR VIBRATORY PILE REMOVAL
Source Level (RMS SPL) .................................................................................................................................................................... 150
Activity Duration (hours) within 24-hr period ....................................................................................................................................... 8
Activity Duration (seconds) .................................................................................................................................................................. 28,800
10 Log (Duration) ................................................................................................................................................................................. 44.59
Propagation (xLogR) ............................................................................................................................................................................ 15
Distance of source level measurement (m) ........................................................................................................................................ 16

TABLE 5—RESULTING PTS ISOPLETHS FOR VIBRATORY PILE DRIVING
Phocid Otariid
pinnipeds pinnipeds

SELcum Threshold .................................................................................................................................................... 210 219
PTS Isopleth to Threshold (meters) ........................................................................................................................ 4.9 0.3

TABLE 6—PTS ISOPLETH DATA FOR IMPACT PILE DRIVING
Source Level (Single Strike/shot SEL) ................................................................................................................................................ 168
(a) Number of strikes in 1 h OR (b) Number of strikes per pile ......................................................................................................... 250
(a) Activity Duration (h) within 24-h period OR (b) Number of piles per day ..................................................................................... 4
Propagation (xLogR) ............................................................................................................................................................................ 15
Distance of single strike SEL measurement (meters) ......................................................................................................................... 10

TABLE 7—RESULTING PTS ISOPLETHS FOR IMPACT PILE DRIVING
Phocid Otariid
pinnipeds pinnipeds

SELcum Threshold .................................................................................................................................................... 185 203
PTS Isopleth to Threshold (m) ................................................................................................................................ 53.4 3.9

The resulting small PTS isopleths Columbia River. After publication of the December 2017. A maximum of four
assume an animal would remain Federal Register notice (83 FR 7680; California sea lions were observed in the
stationary at that distance for the February 22, 2018), NMFS learned of water surrounding the bridges and piers.
duration of the activity. Given the Oregon Department of Fish and Wildlife Additional California sea lions were
extended durations and due to the (ODFW) aerial surveys of pinnipeds at heard vocalizing from the riverbanks
relatively small distances to PTS onset the East Mooring Basin (approximately under the bridges but the number of sea
from each activity, and the mitigation one mile upstream from the project site) lions could not be determined. A
measures (See ‘‘Mitigation’’) proposed and Desdemona Sands (approximately conservative estimate of 16 California
by the City, Level A take is neither one mile downstream from the project sea lions per day may be hauled out on
expected nor authorized. site). Estimated takes of California sea the riverbanks and subject to
Marine Mammal Occurrence lions were recalculated using data harassment from above-water
generated by those surveys (ODFW; construction work.
In this section we provide the
Bryan Wright, pers. comm., March Counts of Steller sea lions at the East
information about the presence, density,
2018). Mooring Basin typically numbered in
or group dynamics of marine mammals
that will inform the take calculations. Aerial surveys of the East Mooring the single digits (B. Wright, pers.
In the Federal Register notice of Basin in Astoria from 2011 to 2017 were comm., March 2018). However, there are
proposed IHA (83 FR 7680; February 22, used to calculate take of California sea typically dozens of Steller sea lions at
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2018), takes of marine mammals were lions. Maximum daily counts of the Bonneville Dam and a few
estimated using counts from 2000–2014 California sea lions at the East Mooring individuals at Willamette Falls. While
by WDFW at the South Jetty at the Basin ranged from 3 in July 2016 to the sea lions observed at Bonneville and
mouth of the Columbia River. At the 3,834 in March 2016. In addition to Willamette are often the same
time of publication, these counts were ODFW aerial surveys, the City individuals seen daily, these animals
believed to be the best available data on conducted opportunistic surveys of must transit past Astoria at some point
pinniped occurrence in the lower pinnipeds at the bridge sites in in their travels from the Pacific to the

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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19249

upper Columbia River (B. Wright, pers. do not occur in equal numbers. Harbor City would therefore shut down
comm., March 2018). seals and Steller sea lions do not haul- equipment before sea lions would be
Numbers of harbor seals hauled out at out near the project area and would only acoustically harassed by the sound
Desdemona Sands have been reported to be harassed if they are transiting produced and no Level B acoustic
reach into the thousands (Profita 2015) through the in-water Level B harassment harassment would occur. However, the
but specific counts were unavailable. zone (1,600 m for vibratory pile City anticipates that California sea lions
Without counts of harbor seals closer to removal, 398 m for impact pile driving) hauled out on the banks of the river in
the project site, the maximum average at the time of pile driving. Because the vicinity of the construction work
count of harbor seals at the South Jetty harbor seals and Steller sea lions do not may be visually disturbed by the
(57 seals; WDFW 2014) is used to have the potential to be harassed when presence of construction equipment and
calculate take. hauled-out (in-air), they would only be may flush, resulting in Level B take.
harassed during the in-water work Therefore, we have authorized take of
Take Calculation and Estimation period (November through February). California sea lions during the above-
Here we describe how the information California sea lions are the most water work period (October 2018 and
provided above is brought together to commonly observed marine mammal in March–April 2019).
produce a quantitative take estimate. the area, and are known to haul out on
In the Federal Register notice for the the riverbanks and structures near the While harbor seals and Steller sea
proposed IHA (83 FR 7680; February 22, bridges. California sea lions may be lions would only be harassed during the
2018), take of each species was harassed by underwater sound resulting in-water work period (November
calculated using average counts of from vibratory pile removal and impact through February), California sea lions
pinnipeds at the South Jetty (WDFW pile driving (at the distances listed may be harassed over the entire
2014). Average monthly counts were above) as well as airborne sound duration of the project (October through
multiplied by months of activity to resulting from roadway and railway April). To determine the estimated
determine the total take estimation. demolition and construction. As such, exposure and take of harbor seals, the
During the public comment period, we California sea lions may be subject to maximum average daily count of harbor
received information that although the both in-water and in-air sources of seals at the South Jetty (57 seals) was
WDFW counts were presented as harassment (October through April). multiplied by planned days of in-water
average number of pinnipeds per Using the highest sound source work (80 days). Similarly, the maximum
month, the numbers were actually daily (concrete saw, 93 dBrms re: 20 mPa at 20 number of Steller sea lions observed at
counts and therefore should have been m), the isopleth to Level B harassment the Bonneville Dam (63; USACE 2017)
multiplied by days of activity. The take from airborne noise (100 dB re: 20 mPa) and Willamette Falls (4; ODFW 2017)
limits in the final authorization were is 9 m. The City is proposing a 10 m were multiplied by 80 days of in-water
calculated by multiplying maximum shutdown zone during all railway and work to account for the maximum
counts of pinnipeds by days of activity. roadway above-water construction to number of Steller sea lions likely to be
Although three species of pinniped prevent injury from physical interaction in the Columbia River transiting past
occur in the vicinity of the project, they with equipment (see ‘‘Mitigation’’). The Astoria each day (Table 8).

TABLE 8—TAKE CALCULATION OF HARBOR SEALS AND STELLER SEA LIONS
Maximum Days of Total take
Species daily count activity (Level B)

Harbor seal .................................................................................................................................. 1 57 80 4,560
Steller sea lion ............................................................................................................................. 2 67 80 5,360
1 WDFW 2014.
2 63 sea lions at Bonneville Dam + 4 sea lions at Willamette Falls (USACE 2017; ODFW 2017).

Take of California sea lions was maximum daily count per month by the
calculated by multiplying the average days of activity in each month (Table 9).

TABLE 9—TAKE CALCULATION OF CALIFORNIA SEA LIONS
Total takes per
Daily average Days of work
Month month
maximum 1 in month 2 (Level B)

October ........................................................................................................................................ 16 22 352
November .................................................................................................................................... 141 20 2,817
December .................................................................................................................................... 135 20 2,690
January ........................................................................................................................................ 408 21 8,577
February ....................................................................................................................................... 980 19 18,612
March ........................................................................................................................................... 16 21 336
April .............................................................................................................................................. 16 22 352
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Total Takes ........................................................................................................................... ........................ ........................ 33,736
1 B. Wright, pers. comm.
2 Days of work excludes weekends and holidays.

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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19251

Monitoring and Reporting Activity for marine mammals. i. Two NMFS qualified observers shall
In order to issue an IHA for an Qualifications for marine mammal be onsite the first two days of pile
activity, section 101(a)(5)(D) of the observers include: driving at each bridge, and every third
a. Visual acuity in both eyes day thereafter.
MMPA states that NMFS must set forth,
(correction is permissible) sufficient for ii. One NMFS observer shall be
requirements pertaining to the
discerning moving targets at the water’s stationed at the best practicable land-
monitoring and reporting of such taking.
surface with ability to estimate target based vantage point to observe the
The MMPA implementing regulations at
size and distance. Use of binoculars is downstream portion of the disturbance
50 CFR 216.104(a)(13) indicate that
necessary to correctly identify the target; and exclusion zones, and the other
requests for authorizations must include
b. Advanced education (at least some positioned at the best practicable land-
the suggested means of accomplishing
college level course work) in biological based vantage point to monitor the
the necessary monitoring and reporting
science, wildlife management, upstream portion of the disturbance and
that will result in increased knowledge
mammalogy, or related fields (bachelor’s exclusion zones.
of the species and of the level of taking
degree or higher is preferred but not iii. When PSOs are not onsite, the
or impacts on populations of marine
required); contractor’s onsite inspector shall be
mammals that are expected to be c. Experience or training in the field
present in the proposed action area. trained in species identification and
identification of marine mammals monitoring protocol, and shall be onsite
Effective reporting is critical both to (cetaceans and pinnipeds);
compliance and to ensuring that the during all pile driving activities to
d. Sufficient training, orientation, or ensure that no species enter the
most value is obtained from the required experience with the construction
monitoring. shutdown zone.
operation to provide for personal safety c. During in-water substructure
Monitoring and reporting during observations;
requirements prescribed by NMFS demolition activities (not including pile
e. Ability to communicate orally, by driving/removal) and above-water
should contribute to improved radio or in person, with project
understanding of one or more of the superstructure demolition and
personnel to provide real time construction activities:
following: information on marine mammals
• Occurrence of marine mammal i. One NMFS qualified observer shall
observed in the area as necessary; be onsite once a week to monitor the
species or stocks in the area in which f. Experience and ability to conduct
take is anticipated (e.g., presence, shutdown zone within 10 m of the
field observations and collect data construction site.
abundance, distribution, density); according to assigned protocols (this
• Nature, scope, or context of likely ii. When PSO is not on-site, the
may include academic experience); and
marine mammal exposure to potential contractor’s inspector shall be trained in
g. Writing skills sufficient to prepare
stressors/impacts (individual or species identification and monitoring
a report of observations that would
cumulative, acute or chronic), through protocol, and shall be onsite during all
include such information as the number
better understanding of: (1) Action or construction activities to ensure that no
and type of marine mammals observed;
environment (e.g., source species enter the 10 m shutdown zone
the behavior of marine mammals in the
characterization, propagation, ambient during superstructure demolition and
project area; dates and times when
noise); (2) affected species (e.g., life construction activities.
observations were conducted; dates and
history, dive patterns); (3) co-occurrence (3) Monitoring Protocols: PSOs shall
times when in-water construction
of marine mammal species with the monitor marine mammal presence
activities were conducted; and dates
action; or (4) biological or behavioral within the shutdown zone and Level B
and times when marine mammals were
context of exposure (e.g., age, calving or harassment zones per the following
present at or within the defined Region
feeding areas); protocols:
of Activity.
• Individual marine mammal (2) Monitoring Schedule: PSOs shall a. A range finder or hand-held global
responses (behavioral or physiological) be present onsite during IWW positioning system device shall be used
to acoustic stressors (acute, chronic, or construction activities as follows: by PSOs to ensure that the defined
cumulative), other stressors, or a. During vibratory pile removal shutdown zones are fully monitored and
cumulative impacts from multiple activities: the Level B ZOIs monitored to the best
stressors; i. Two NMFS qualified observers shall extent practicable.
• How anticipated responses to be onsite the first day of removal at each b. A 30-minute pre-construction
stressors impact either: (1) Long-term bridge, one NMFS qualified observer marine mammal monitoring period shall
fitness and survival of individual shall be onsite every third day be required before the first pile driving
marine mammals; or (2) populations, thereafter. or pile removal of the day. A 30-minute
species, or stocks; ii. One NMFS qualified observer shall post-construction marine mammal
• Effects on marine mammal habitat be stationed at the best practicable land- monitoring period shall be required
(e.g., marine mammal prey species, based vantage point to observe the after the last pile driving or pile removal
acoustic habitat, or other important downstream portion of the disturbance of the day. If the contractor’s personnel
physical components of marine zone, and the other positioned at the take a break between subsequent pile
mammal habitat); and best practicable land-based vantage driving or pile removal for more than 30
• Mitigation and monitoring point to monitor the upstream portion of minutes, then additional pre-
effectiveness. the disturbance zone. construction marine mammal
iii. When PSOs are not onsite, the monitoring shall be required before the
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Monitoring contractor’s onsite inspector shall be next start-up of pile driving or pile
The following marine mammal trained in species identification and removal.
monitoring measures are included in the monitoring protocol, and shall be onsite c. If marine mammals are observed,
IHA. during all pile removal activities to the following information shall be
(1) Protected Species Observers: The ensure that no species enter the 15 m documented:
City shall employ two qualified PSOs to shutdown zone. i. Species of observed marine
monitor the extent of the Region of b. During pile driving activities: mammals;

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19252 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices

ii. Number of observed marine Regional Stranding Coordinator, (206) Negligible Impact Analysis and
mammal individuals; 526–4747. The report must include the Determination
iii. Life stages of marine mammals following information: NMFS has defined negligible impact
observed; a. Time, date, and location (latitude/ as ‘‘an impact resulting from the
iv. Behavioral habits, including longitude) of the incident; specified activity that cannot be
feeding, of observed marine mammals, b. Description of the incident;
c. Status of all sound source use in the reasonably expected to, and is not
in both presence and absence of reasonably likely to, adversely affect the
activities; 24 hours preceding the incident;
d. Environmental conditions (e.g., species or stock through effects on
v. Location within the Region of
wind speed and direction, Beaufort sea annual rates of recruitment or survival’’
Activity; and
vi. Animals’ reaction (if any) to pile state, cloud cover, visibility, and water (50 CFR 216.103). A negligible impact
driving activities or other construction- depth); finding is based on the lack of likely
related stressors including: e. Description of marine mammal adverse effects on annual rates of
1. Impacts to the long-term fitness of observations in the 24 hours preceding recruitment or survival (i.e., population-
the individual animal, if any the incident; level effects). An estimate of the number
2. Long-term impacts to the f. Species identification or description of takes alone is not enough information
population, species, or stock (e.g., of the animal(s) involved, including life on which to base an impact
through effects on annual rates of stage and the fate of the animal(s); and determination. In addition to
recruitment or survival), if any g. Photographs or video footage of the considering estimates of the number of
vii. Overall effectiveness of mitigation animal(s) (if equipment is available). marine mammals that might be ‘‘taken’’
measures Activities shall not resume until through harassment, NMFS considers
d. During vibratory pule removal and NMFS is able to review the other factors, such as the likely nature
impact driving, qualified PSOs shall circumstances of the prohibited take. of any responses (e.g., intensity,
monitor the Level B harassment zones NMFS shall work with the City to duration), the context of any responses
from the best practicable land-based determine what is necessary to (e.g., critical reproductive time or
vantage point to observe the minimize the likelihood of further location, migration), as well as effects
downstream and upstream portions of prohibited take and ensure MMPA on habitat, and the likely effectiveness
the disturbance zone according to the compliance. Activities may not be of the mitigation. We also assess the
above schedule. resumed until notified by NMFS via number, intensity, and context of
e. PSOs shall use binoculars to letter, email, or telephone. estimated takes by evaluating this
monitor the Level B harassment zone. (4) In the event that the City discovers information relative to population
f. PSOs shall keep a running tally of an injured or dead marine mammal, and status. Consistent with the 1989
takes of each marine mammal species the lead PSO determines that the cause preamble for NMFS’s implementing
authorized by extrapolating the of injury or death is unknown and the regulations (54 FR 40338; September 29,
observed takes to the days when death is relatively recent (i.e., in less 1989), the impacts from other past and
monitoring did not occur. The City shall than a moderate state of decay as ongoing anthropogenic activities are
notify the Office of Protected Resources, described in the next paragraph), the incorporated into this analysis via their
NMFS if takes of any species come with City shall immediately report the impacts on the environmental baseline
five percent of the take limits incident to the Chief, Permits and (e.g., as reflected in the regulatory status
established in the IHA. Conservation Division, Office of of the species, population size and
Protected Resources, NMFS, and the growth rate where known, ongoing
Reporting West Coast Regional Stranding sources of human-caused mortality, or
(1) The City shall provide NMFS with Coordinators. The report must contain ambient noise levels).
a draft monitoring report within 90 days the same information identified above. To avoid repetition, the discussion of
of the conclusion of the construction Activities may continue while NMFS our analyses applies to all three species
work. This report shall detail the reviews the circumstances of the authorized to be taken by this project
monitoring protocol, summarize the incident. NMFS will work with the City (California sea lion, Steller sea lion, and
data recorded during monitoring, and to determine whether modifications in harbor seal), given that the anticipated
estimate the number of marine the activities are appropriate. effects of this activity on these different
mammals that may have been harassed. (5) In the event that the City discovers marine mammal stocks are expected to
(2) If comments are received from the an injured or dead marine mammal, and be similar. There is little information
NMFS West Coast Regional the lead PSO determines that the injury about the nature or severity of the
Administrator or NMFS Office of or death is not associated with or related impacts, or the size, status, or structure
Protected Resources on the draft report, to the activities authorized in the IHA of any of these species or stocks that
a final report shall be submitted to (e.g., previously wounded animal, would lead to a different analysis for
NMFS within 30 days thereafter. If no carcass with moderate to advanced this activity.
comments are received from NMFS, the decomposition, or scavenger damage), Authorized takes are expected to be
draft report will be considered to be the the City shall report the incident to the limited to short-term Level B
final report. Chief, Permits and Conservation harassment. Marine mammals present in
(3) In the unanticipated event that the Division, Office of Protected Resources, the vicinity of the action area and taken
construction activities clearly cause the NMFS, and the West Coast Regional by Level B harassment would most
take of a marine mammal in a manner Stranding Coordinators, within 24 hours likely show overt brief disturbance (e.g.,
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prohibited by the NMFS authorization, of the discovery. The City shall provide startle reaction, flushing) and avoidance
such as an injury, serious injury, or photographs or video footage (if of the area from elevated noise levels
mortality), the City shall immediately available) or other documentation of the during pile removal and installation and
cease all operations and immediately stranded animal sighting to NMFS and railway superstructure construction.
report the incident to the Chief, Permits the Marine Mammal Stranding Network. The project is not expected to have a
and Conservation Division, Office of The City can continue its operations significant adverse effect on affected
Protected Resources, and the West Coast under such a case. marine mammal habitat, as discussed in

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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19253

detail in the ‘‘Anticipated Effects on be harassed during construction • The project affects only a small
Marine Mammal Habitat’’ section. There activities. For harbor seals, sub-adult percentage of each stock of marine
is no critical habitat in the vicinity of and adult males and/or females could be mammal affected, and only in a limited
the project and the project activities harassed during construction activities. portion of their overall range.
would not permanently modify existing The project occurs outside of known Based on the analysis contained
marine mammal habitat. The impacts to pupping periods for all species, and
herein of the likely effects of the
marine mammal habitat from the there are no known rookeries within the
construction actions are expected to be specified activity on marine mammals
region of activity. Therefore, no pups or
temporary and include increased human breeding adults are expected to be and their habitat, and taking into
activity and noise levels, minimal affected by the project activities. consideration the implementation of the
impacts to water quality, and negligible In summary and as described above, proposed monitoring and mitigation
changes in prey availability near the the following factors primarily support measures, NMFS finds that the total
individual bridge sites. The project may our determination that the impacts marine mammal take from the proposed
benefit marine mammal habitat by resulting from this activity are not activity will have a negligible impact on
removing several hundred treated expected to adversely affect the species all affected marine mammal species or
timber piles from the Columbia River. or stock through effects on annual rates stocks.
Impacts to pinnipeds are expected to of recruitment or survival: Small Numbers
be minor and temporary. The area likely • No injury is anticipated or
impacted by the construction is authorized; As noted above, only small numbers
relatively small compared to the • No serious injury or mortality is of incidental take may be authorized
available habitat in the river. Pinnipeds anticipated or authorized; under section 101(a)(5)(D) of the MMPA
in the vicinity are likely habituated to • In-water work is limited to a four- for specified activities other than
high levels of human activity as the month period, and likely only 80 days military readiness activities. The MMPA
Astoria waterfront is a highly developed within that time;
does not define small numbers and so,
area. Exposures to elevated sound levels • No permanent effects to marine
produced during pile driving and in practice, where estimated numbers
mammal habitat or prey is expected;
removal activities may cause behavioral • Marine mammals are currently are available, NMFS compares the
responses by an animal, but they are exposed to high human use area and are number of individuals taken to the most
expected to be minor and temporary. likely habituated to disturbance; appropriate estimation of abundance of
Animals may become alert, avoid the • Any impacts from the project are the relevant species or stock in our
area, leave the area, or show no expected to result in short-term, mild determination of whether an
observable response. Given the short behavioral reactions such as avoidance authorization is limited to small
daily duration of noise-generating or flushing; numbers of marine mammals.
activities and the limited season of in- • There are no known important Additionally, other qualitative factors
water work, any harassment would be feeding, pupping, or other areas of may be considered in the analysis, such
temporary. For California and Steller sea biological significance in the project as the temporal or spatial scale of the
lions, sub-adult and adult males could area; and activities.
TABLE 10—AUTHORIZED PINNIPED TAKE, BY LEVEL B HARASSMENT
Authorized Percent
take of stock

California Sea Lion .................................................................................................................................................. 33,736 11.4
Steller Sea Lion ....................................................................................................................................................... 5,360 12.9
Harbor Seal .............................................................................................................................................................. 4,560 18.4

The number of instances of take of NMFS finds that small numbers of agency insure that any action it
each stock proposed to be taken as a marine mammals will be taken relative authorizes, funds, or carries out is not
result of this project is less than 20 to the population size of the affected likely to jeopardize the continued
percent of the total stock (Table 10). species or stocks. existence of any endangered or
Additionally, the number of takes threatened species or result in the
Unmitigable Adverse Impact Analysis
requested is based on the number of destruction or adverse modification of
and Determination
estimated exposures, not necessarily the designated critical habitat. To ensure
number of individuals exposed. There are no relevant subsistence uses ESA compliance for the issuance of
Pinnipeds may remain in the general of the affected marine mammal stocks or IHAs, NMFS consults internally, in this
area of the project sites and the same species implicated by this action. case with the NMFS West Coast Region
individuals may be harassed multiple Therefore, NMFS has determined that Protected Resources Division Office,
times over multiple days, rather than the total taking of affected species or whenever we propose to authorize take
numerous individuals harassed once. stocks would not have an unmitigable for endangered or threatened species.
Therefore, the percent of stock may be adverse impact on the availability of
daltland on DSKBBV9HB2PROD with NOTICES

less since the numbers represented in such species or stocks for taking for No incidental take of ESA-listed
Table 10 assume distinct individuals. subsistence purposes. species is authorized or expected to
Based on the analysis contained result from this activity. Therefore,
Endangered Species Act (ESA) NMFS has determined that formal
herein of the proposed activity
(including the proposed mitigation and Section 7(a)(2) of the Endangered consultation under section 7 of the ESA
monitoring measures) and the Species Act of 1973 (ESA: 16 U.S.C. is not required for this action.
anticipated take of marine mammals, 1531 et seq.) requires that each Federal

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19254 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices

Authorization these documents, please call the contact was for take of California sea lions
As a result of these determinations, listed above. (Zalophus californianus), Steller sea
NMFS has issued an IHA to the City for SUPPLEMENTARY INFORMATION: lions (Eumetopias jubatus), northern fur
the harassment of small numbers of seals (Callorhinus ursinus) and Pacific
Background harbor seals (Phoca vitulina richardii)
California sea lions, Steller sea lions,
Sections 101(a)(5)(A) and (D) of the by Level B harassment only. Neither the
and Pacific harbor seals incidental to
MMPA (16 U.S.C. 1361 et seq.) direct Society nor NMFS expects serious
construction activities related to bridge
the Secretary of Commerce (as delegated injury or mortality to result from this
replacements in Astoria, Oregon,
to NMFS) to allow, upon request, the activity and, therefore, an IHA is
provided the previously mentioned
incidental, but not intentional, taking of appropriate.
mitigation, monitoring, and reporting
small numbers of marine mammals by
requirements are incorporated. NMFS has previously issued seven
U.S. citizens who engage in a specified
Dated: April 26, 2018. IHA’s to the Society for similar work
activity (other than commercial fishing)
between 2010 and 2017 (75 FR 4774,
Donna S. Wieting, within a specified geographical region if
January 29, 2010; 76 FR 10564, February
Director, Office of Protected Resources, certain findings are made and either
25, 2011; 77 FR 8811, February 15,
National Marine Fisheries Service. regulations are issued or, if the taking is
2012; 78 FR 71576, November 29, 2013;
[FR Doc. 2018–09238 Filed 5–1–18; 8:45 am] limited to harassment, a notice of a
79 FR 6179, February 3, 2014; 81 FR
BILLING CODE 3510–22–P authorization is provided to the public
9440, February 23, 2016; and 82 FR
for review.
An authorization for incidental 11005, February 17, 2017). The Society
takings shall be granted if NMFS finds complied with all the requirements (e.g.,
DEPARTMENT OF COMMERCE
that the taking will have a negligible mitigation, monitoring, and reporting) of
National Oceanic and Atmospheric impact on the species or stock(s), will the previous IHAs and information
Administration not have an unmitigable adverse impact regarding their monitoring results may
on the availability of the species or be found in the Estimated Take section.
RIN 0648–XF831 stock(s) for subsistence uses (where Description of Specified Activity
relevant), and if the permissible
Takes of Marine Mammals Incidental to methods of taking and requirements The Station, listed in the National
Specified Activities; Taking Marine pertaining to the mitigation, monitoring Park Service’s National Register of
Mammals Incidental to Lighthouse and reporting of such takings are set Historic Places, is located on NWSR
Repair and Tour Operations at forth. offshore of Crescent City, California in
Northwest Seal Rock, California NMFS has defined ‘‘negligible the northeast Pacific Ocean. The
AGENCY: National Marine Fisheries impact’’ in 50 CFR 216.103 as an impact Station, built in 1892, rises 45.7 meters
Service (NMFS), National Oceanic and resulting from the specified activity that (m) (150 feet (ft)) above sea level. The
Atmospheric Administration (NOAA), cannot be reasonably expected to, and is structure consists of hundreds of granite
Commerce. not reasonably likely to, adversely affect blocks topped with a cast iron lantern
the species or stock through effects on room and covers much of the surface of
ACTION: Notice; issuance of an incidental
annual rates of recruitment or survival. the islet. The purpose of the project is
harassment authorization. The MMPA states that the term ‘‘take’’ to restore the lighthouse, to conduct
SUMMARY: In accordance with the means to harass, hunt, capture, kill or tours, and to conduct annual and
regulations implementing the Marine attempt to harass, hunt, capture, or kill emergency maintenance on the Station’s
Mammal Protection Act (MMPA) as any marine mammal. optical light system.
amended, notification is hereby given Except with respect to certain
The Society proposes to conduct
that NMFS has issued an incidental activities not pertinent here, the MMPA
aircraft operations, lighthouse
harassment authorization (IHA) to the defines ‘‘harassment’’ as any act of
renovation, and periodic maintenance
St. George Reef Lighthouse Preservation pursuit, torment, or annoyance which (i)
on the Station’s optical light system on
Society (Society) to incidentally harass, has the potential to injure a marine
a monthly basis. The Society’s activity
by Level B harassment only, marine mammal or marine mammal stock in the
will occur on a monthly basis over one
mammals during aircraft operations, wild (Level A harassment); or (ii) has
weekend, November through April. The
lighthouse renovations, and tour the potential to disturb a marine
following specific aspects of the
operations associated with preservation mammal or marine mammal stock in the
activities will likely result in the take of
of the St. George Reef Lighthouse wild by causing disruption of behavioral
marine mammals: Acoustic and visual
Station on Northwest Seal Rock (NWSR) patterns, including, but not limited to,
stimuli from (1) helicopter landings/
in the northeast Pacific Ocean. migration, breathing, nursing, breeding,
takeoffs; (2) noise generated during
feeding, or sheltering (Level B
DATES: This authorization is effective restoration activities (e.g., painting,
harassment).
from February 19, 2018 through plastering, welding, and glazing); (3)
February 18, 2019. Summary of Request maintenance activities (e.g., bulb
FOR FURTHER INFORMATION CONTACT: On October 18, 2017, NMFS received replacement and automation of the light
Amy Fowler, Office of Protected a request from the Society for an IHA to system); and (4) human presence.
Resources, NMFS, (301) 427–8401. take marine mammals incidental to A detailed description of the planned
Electronic copies of the IHA and restoration, maintenance, and tour activities is provided in the Federal
daltland on DSKBBV9HB2PROD with NOTICES

supporting documents, as well as a list operations at St. George Reef Lighthouse Register notice (83 FR 8841, March 1,
of the references cited in this document, (Station) located on Northwest Seal 2018). Since that time, no changes have
may be obtained online at: https:// Rock (NWSR) offshore of Crescent City, been made to the planned activities.
www.fisheries.noaa.gov/national/ California in the northeast Pacific Therefore, a detailed description is not
marine-mammal-protection/incidental- Ocean. NMFS determined the provided here. Please refer to that
take-authorizations-research-and-other- application adequate and complete on Federal Register notice for the
activities. In case of problems accessing January 17, 2018. The Society’s request description of the specific activity.

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Document Created: 2018-05-02 00:49:14
Document Modified: 2018-05-02 00:49:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; Issuance of an Incidental Harassment Authorization.
Dates		This authorization is effective from October 1, 2018 through September 30, 2019.
Contact		Amy Fowler, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the IHA and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/ node/23111. In case of problems accessing these documents, please call the contact listed above.
FR Citation		83 FR 19243
RIN Number		0648-XF88

83 FR 19243 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Astoria Waterfront Bridge Replacement Project

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 85 (May 2, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration