83_FR_27662 83 FR 27548 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California

83 FR 27548 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 114 (June 13, 2018)

Page Range27548-27564
FR Document2018-12629

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 Chevron to incidentally take, by Level A and/or Level B harassment, seven species of marine mammals during the Long Wharf Maintenance and Efficiency Project (WMEP) in San Francisco Bay, California.

Federal Register, Volume 83 Issue 114 (Wednesday, June 13, 2018)
[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Notices]
[Pages 27548-27564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12629]



[[Page 27548]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG067


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Chevron Richmond Refinery Long 
Wharf Maintenance and Efficiency Project in San Francisco Bay, 
California

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

ACTION: Notice; issuance of an incidental harassment authorization.

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

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
Chevron to incidentally take, by Level A and/or Level B harassment, 
seven species of marine mammals during the Long Wharf Maintenance and 
Efficiency Project (WMEP) in San Francisco Bay, California.

DATES: This Authorization is applicable from June 1, 2018 through May 
31, 2019.

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

SUPPLEMENTARY INFORMATION:

Background

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

Summary of Request

    On February 1, 2018, NMFS received a request from Chevron for an 
IHA to take marine mammals incidental to pile driving and pile removal 
associated with the WMEP in San Francisco Bay, California. Chevron's 
request is for take of seven species by Level A and Level B harassment. 
Neither Chevron nor NMFS expects serious injury or mortality to result 
from this activity and, therefore, an IHA is appropriate.
    NMFS has issued an IHA to Chevron authorizing the take of seven 
species by Level A and Level B harassment. Pile driving and removal 
will take 28 days and will be timed to occur within the work windows 
developed for Endangered Species Act (ESA)--listed fish species (June 1 
through November 30). The IHA is effective from June 1, 2018 through 
May 31, 2019. This IHA would cover one year of a larger project for 
which Chevron intends to request additional take authorizations for 
subsequent facets of the project.

Description of Planned Activity

    Chevron's Richmond Refinery Long Wharf (Long Wharf) located in San 
Francisco Bay, is the largest marine oil terminal in California. The 
Long Wharf has existed in its current location since the early 1900s 
(Figure 1-1 in Application). The existing configuration of these 
systems have limitations to accepting more modern, fuel efficient 
vessels with shorter parallel mid-body hulls and in some cases do not 
meet current Marine Oil Terminal Engineering and Maintenance Standards 
(MOTEMS). The purpose of the planned WMEP is to comply with current 
MOTEMS requirements and to improve safety and efficiency at the Long 
Wharf. The planned project will involve modifications at four berths 
(Berths 1, 2, 3, and 4). Modifications to the Long Wharf include 
replacing gangways and cranes, adding new mooring hooks and standoff 
fenders, adding new dolphins and catwalks, and modifying the fire water 
system at Berths 1, 2, 3 and/or 4, as well as the seismic retrofit to 
the Berth 4 loading platform. The type and numbers of piles to be 
installed, as well as those that will be removed during the 2018-2022 
period are summarized in Table 1.

[[Page 27549]]

[GRAPHIC] [TIFF OMITTED] TN13JN18.000

    The combined modifications to Berths 1 to 4 would require the 
installation of 141 new concrete piles to support new and replacement 
equipment and their associated structures. The Berth 4 loading platform 
would add eight, 60-inch diameter steel piles as part of the seismic 
retrofit. The project would also add four clusters of 13 composite 
piles each (52 total) as markers and protection of the new batter 
(driven at an angle) piles on the east side of the Berth 4 retrofit. 
The project would remove 106 existing timber piles, three existing 
22[hyphen]inch and two existing 24[hyphen]inch concrete piles. A total 
of 12 temporary piles would also be installed and removed during the 
seismic retrofit of Berth 4.
    Note that the proposed IHA will only cover pile driving and removal 
that will occur during the 2018 work season, as provided in Table 2.

                               Table 2--Pile Driving Summary for 2018 Work Season
----------------------------------------------------------------------------------------------------------------
                                                                                     Number of       Number of
                   Pile type                            Pile driver type               piles       driving days
----------------------------------------------------------------------------------------------------------------
36-inch steel template pile...................  Vibratory.......................               8               2
Concrete pile removal.........................  Vibratory.......................               5               1
24-inch concrete..............................  Impact..........................               8               8
14-inch H pile installation (for temporary      Vibratory/Impact *..............              36              12
 fenders).
Timber pile removal...........................  Vibratory.......................              53               5
----------------------------------------------------------------------------------------------------------------
* A vibratory driver will be preferentially used for installation of the temporary H piles. In the event that
  the pile hits a buried obstruction and can no longer be advanced with a vibratory driver, and impact hammer
  may be used.


[[Page 27550]]

    These actions could produce underwater sound at levels that could 
result in the injury or behavioral harassment of marine mammal species. 
A detailed description of Chevron's planned project is provided in the 
Federal Register notice for the proposed IHA (83 FR 18802; April 30, 
2018). Since that time, no changes have been made to the planned 
project activities. Therefore, a detailed description is not provided 
here. Please refer to that Federal Register notice for the description 
of the specific activity.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to Chevron was 
published in the Federal Register on April 30, 2018 (83 FR 18802). That 
notice described, in detail, Chevron's activity, the marine mammal 
species that may be affected by the activity, the anticipated effects 
on marine mammals and their habitat, proposed amount and manner of 
take, and proposed mitigation, monitoring and reporting measures. 
During the 30-day public comment period, NMFS received one comment 
letter from the Marine Mammal Commission (Commission); the Commission's 
recommendations and our responses are provided here, and the comments 
have been posted online at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.
    Comment: The Commission commented that the method NMFS used to 
estimate the numbers of takes during the proposed activities, which 
summed fractions of takes for each species across project days, does 
not account for and negates the intent of NMFS' 24-hour reset policy. 
The Commission also recommends that NMFS develop and share guidance on 
this issue.
    Response: NMFS will share the guidance with the Commission 
following the completion of internal review and looks forward to 
discussing the issue with them in the future.
    Comment: 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 
section 101(a)(5)(D) of the MMPA.
    Response: The process of issuing a renewal IHA does not bypass the 
public 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.
    Comment: The Commission recommended that NMFS review more 
thoroughly both the applications prior to deeming them complete and its 
notices prior to submitting them for publication in the Federal 
Register and that NMFS better evaluate the proposed exclusion/shut-down 
zones that are to be implemented for each proposed incidental take 
authorization.
    Response: NMFS thanks the Commission for its recommendation.
    Comment: The Commission expressed concern about what they assert is 
the lack of adequate time to provide public comments as well as the 
abbreviated timeframes during which NMFS is able to address public 
comments. The Commission recommended that NMFS ensure that it publishes 
and finalizes proposed incidental harassment authorizations 
sufficiently before the planned start date of the proposed activities 
to ensure full consideration is given to all comments received.
    Response: NMFS provided the required 30-day notice for public 
comment, and has adequately considered all public comments received in 
making the necessary findings.

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS's Stock Assessment Reports (SAR; www.nmfs.noaa.gov/pr/sars/) and more general information about these species (e.g., physical 
and behavioral descriptions) may be found on NMFS's website. We 
provided a description of the specified activity in our Federal 
Register notice announcing the proposed authorization (83 FR 18802; 
April 30, 2018). Please refer to that document; we provide only a 
summary table here (Table 3).

                                     Table 3--Marine Mammals Potentially Present in the Vicinity of the Project Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      ESA/MMPA status;    Stock abundance (CV,
            Common name                  Scientific name              Stock            Strategic (Y/N)     Nmin, most recent        PBR      Annual M/SI
                                                                                             \1\         abundance survey) \2\                   \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Family Eschrichtiidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray whale.........................  Eschrichtius robustus.  Eastern North Pacific.  -/-; (N)..........  20,990 (0.05, 20,125,          624          132
                                                                                                          2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 27551]]

 
                                                                    Family Balaenidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bottlenose dolphin.................  Tursiops truncatus....  California Coastal....  -/-;(N)...........  453 (0.06, 346, 2011)          2.7   [gteqt]2.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocoenidae (porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise....................  Phocoena phocoena.....  San Francisco-Russian   -/-;(N)...........  9,886 (0.51, 6,625,             66            0
                                                              River Stock.                                2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion................  Zalophus californianus  Eastern U.S. stock....  -/-;(N)...........  296,750 (-, 153,337,         9,200          389
                                                                                                          2011).
Northern fur seal..................  Callorhinus ursinus...  California stock......  -/-;(N)...........  14,050 (-, 7,524,              451          1.8
                                                                                                          2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific harbor seal................  Phoca vitulina........  California stock......  -/-;(N)...........  30,968 (-,27,348,            1,641           43
                                                                                                          2012).
Northern elephant seal.............  Mirounga                California Breeding     -/-;(N)...........  179,000 (-, 81,368,          4,882          8.8
                                      angustirostris.         stock.                                      2010).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 of pinnipeds, abundance estimates are based upon observations of animals
  (often pups) ashore multiplied by some correction factor derived from knowledge of the species' (or similar species') life history to arrive at a best
  abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.

    Note that while humpback whales and Guadalupe fur seals have been 
observed in the Bay, their typical temporal and/or spatial occurrence 
is such that take is not expected to occur, and they are not discussed 
further beyond the explanation provided here.
    Humpback whales are rare, though well-publicized, visitors to the 
interior of San Francisco Bay. A humpback whale journeyed through the 
Bay and up the Sacramento River in 1985 and re-entered the Bay in the 
fall of 1990, stranding on mudflats near Candlestick Park (Fimrite 
2005). In May 2007, a humpback whale mother and calf spent just over 
two weeks in San Francisco Bay and the Sacramento River before finding 
their way back out to sea. Although it is possible that a humpback 
whale will enter the Bay and find its way into the project area during 
construction activities, their occurrence is unlikely. Guadalupe fur 
seals occasionally range into the waters of Northern California and the 
Pacific Northwest. The Farallon Islands (off central California) and 
Channel Islands (off southern California) are used as haulouts during 
these movements (Simon 2016). Juvenile Guadalupe fur seals occasionally 
strand in the vicinity of San Francisco, especially during El 
Ni[ntilde]o events. Most strandings along the California coast are 
animals younger than two years old, with evidence of malnutrition (NMFS 
2017c). In the rare event that a Guadalupe fur seal is detected within 
the Level A or Level B harassment zones, work will cease until the 
animal has left the area.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    We provided a description of the anticipated effects of the 
specified activity on marine mammals in our Federal Register notice 
announcing the proposed authorization (83 FR 18802; April 30, 2018). 
Please refer to that document for our detailed analysis; we provide 
only summary information here.
    The introduction of anthropogenic noise into the aquatic 
environment from pile driving and removal is the primary means by which 
marine mammals may be harassed from Chevron's specified activity. The 
effects of pile driving noise on marine mammals are dependent on 
several factors, including, but not limited to, sound type (e.g., 
impulsive vs. non-impulsive), the species, age and sex class (e.g., 
adult male vs. mom with calf), duration of exposure, the distance 
between the pile and the animal, received levels, behavior at time of 
exposure, and previous history with exposure (Southall et al., 2007, 
Wartzok et al., 2004). Animals exposed to natural or anthropogenic 
sound may experience physical and behavioral effects, ranging in 
magnitude from none to severe (Southall et al., 2007). In general, 
exposure to pile driving noise has the potential to result in auditory 
threshold shifts (permanent threshold shift (PTS) and temporary 
threshold shift (TTS)) and behavioral reactions (e.g., avoidance, 
temporary cessation of foraging and vocalizing, changes in dive 
behavior). 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 temporary and minimal.

Estimated Take

    This section provides an estimate of the number of incidental takes 
authorized through this IHA, which will inform both NMFS' consideration 
of small numbers 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

[[Page 27552]]

(i) has the potential to injure a marine mammal or marine mammal stock 
in the wild (Level A harassment); or (ii) has the potential to disturb 
a marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering (Level 
B harassment).
    Authorized takes would primarily be by Level B harassment, as use 
of the acoustic source (i.e., pile driving) has the potential to result 
in disruption of behavioral patterns for individual marine mammals. 
There is also some potential for auditory injury (Level A harassment) 
to result, primarily for high frequency species and a single phocid 
species due to larger predicted auditory injury zones. Auditory injury 
is unlikely to occur for low-frequency, mid-frequency species, or 
pinniped groups, with the exception of harbor seals. The mitigation and 
monitoring measures are expected to minimize the severity of such 
taking to the extent practicable.
    As described previously, no mortality is anticipated or authorized 
for this activity. Below we describe how the take is estimated.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals will be behaviorally harassed or incur 
some degree of permanent hearing impairment; (2) the area or volume of 
water that will be ensonified above these levels in a day; (3) the 
density or occurrence of marine mammals within these ensonified areas; 
and, (4) and the number of days of activities. Below, we describe these 
components in more detail and present the authorized take estimate.

Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic 
thresholds that identify the received level of underwater sound above 
which exposed marine mammals would be reasonably expected to be 
behaviorally harassed (equated to Level B harassment) or to incur PTS 
of some degree (equated to Level A harassment).
    Level B Harassment for non-explosive sources--Though significantly 
driven by received level, the onset of behavioral disturbance from 
anthropogenic noise exposure is also informed to varying degrees by 
other factors related to the source (e.g., frequency, predictability, 
duty cycle), the environment (e.g., bathymetry), and the receiving 
animals (hearing, motivation, experience, demography, behavioral 
context) and can be difficult to predict (Southall et al., 2007, 
Ellison et al., 2012). 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 decibel (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) and harbor seals 
exposed above 90 dB re 20 [mu]Pa (rms) will be behaviorally harassed.
    Chevron's planned activity includes the use of continuous 
(vibratory driving) and impulsive (impact driving) sources, and 
therefore the 120 and160 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 applicant's planned activity includes the use of impulsive (impact 
driving) and non-impulsive (vibratory driving) sources.
    These thresholds are provided in Table 4. The references, analysis, 
and methodology used in the development of the thresholds are described 
in NMFS 2016 Technical Guidance, which may be accessed at: http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.
BILLING CODE 3510-22-P

[[Page 27553]]

[GRAPHIC] [TIFF OMITTED] TN13JN18.001

BILLING CODE 3510-22-C

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds.
    Pile driving will generate underwater noise that potentially could 
result in disturbance to marine mammals swimming by the project area. 
Transmission loss (TL) underwater is the decrease in acoustic intensity 
as an acoustic pressure wave propagates out from a source until the 
source becomes indistinguishable from ambient sound. TL parameters vary 
with frequency, temperature, sea conditions, current, source and 
receiver depth, water depth, water chemistry, and bottom composition 
and topography. A standard sound propagation model, the Practical 
Spreading Loss model, was used to estimate the range from pile driving 
activity to various expected SPLs at potential project structures. This 
model follows a geometric propagation loss based on the distance from 
the driven pile, resulting in a 4.5 dB reduction in level for each 
doubling of distance from the source. In this model, the SPL at some 
distance away from the source (e.g., driven pile) is governed by a 
measured source level, minus the TL of the energy as it dissipates with 
distance. The TL equation is:
TL = 15log10(R1/R2)


Where:

TL is the transmission loss in dB,
R1 is the distance of the modeled SPL from the driven 
pile, and
R2 is the distance from the driven pile of the initial 
measurement.

    The degree to which underwater noise propagates away from a noise 
source is dependent on a variety of factors, most notably by the water 
bathymetry and presence or absence of reflective or absorptive 
conditions including the sea surface and sediment type. The TL model 
described above was used to calculate the expected noise propagation 
from both impact and vibratory pile driving, using representative 
source levels to estimate the zone of influence (ZOI) or area exceeding 
specified noise criteria.

[[Page 27554]]

Source Levels

    Sound source levels from the Chevron site were not available. 
Therefore, literature values published for projects similar to the 
Chevron project were used to estimate source levels that could 
potentially be produced. Results are shown in Table 5.
    Modifications at the four berths require the placement of new 24-
inch diameter square concrete piles. Approximately one to two of these 
piles would be installed in one workday, using impact driving methods. 
Based on measured blow counts for 24-inch concrete piles driven at the 
Long Wharf Berth 4 in 2011, installation for each pile could require up 
to approximately 300 blows and 1.5 second per blow average over a 
duration of approximately 20 minutes per pile, with 40 minutes of pile 
driving time per day if two piles are installed. To estimate the noise 
effects of the 24-inch square concrete piles, the general values 
provided by Caltrans (2015a) are shown in Table 5.
    To estimate the noise effects of impact driving of 14-inch steel H 
piles, the values provided by Caltrans were also utilized. These source 
values are 208 dB peak, 187 rms, and 177 dB SEL (single strike). Based 
on these levels, impact driving of the 14-inch steel H piles is 
expected to produce underwater sound exceeded the Level B 160 dB RMS 
threshold over a distance of 631 meters.
    During construction, temporary fendering would be installed at 
Berth 2 which will be supported by 36 steel 14-inch steel H piles. It 
is estimated that each pile could be driven in five (5) minutes. Two 
(2) to four (4) piles would be installed in any single workday for a 
total of approximately 12 days of installation. For the purposes of 
calculating the distance to Level A thresholds, four piles per day is 
assumed. The piles would be removed after the permanent fenders are in 
place. A vibratory hammer would be used to vibrate the piles to 
facilitate pulling them from the mud. The best match for estimated 
source levels is the Port of Anchorage pile driving test project. 
During vibratory pile driving associated with the Anchorage project, 
peak noise levels ranged from 165 to 175 dB, and the RMS ranged between 
152 and 168 dB, both measured at approximately 15 meters (50 ft) 
(Caltrans 2015a).
    The source levels for vibratory installation of 36-inch temporary 
steel piles were from the Explosive Handling Wharf-2 (EHW-2) project 
located at the Naval Base Kitsap in Bangor, Washington as stated in 
Caltrans (2015a). During vibratory pile driving measured peak noise 
levels were approximately 180 dB, and the RMS was approximately 169 dB 
at a 10 meter (33ft) distance. These temporary piles would require a 
drive time per pile of approximately 10 minutes. Up to four (4) of 
these piles could be installed in any single workday for a total of 40 
minutes.
    The most applicable source values for wooden pile removal were 
derived from measurements taken at the Port Townsend dolphin pile 
removal in Washington. During vibratory pile extraction associated with 
this project, which occurred under similar circumstances, measured peak 
noise levels were approximately 164 dB, and the RMS was approximately 
150 dB (WSDOT 2011). Applicable sound values for the removal of 
concrete piles could not be located, but they are expected to be 
similar to the levels produced by wooden piles described above, as they 
are similarly sized, non-metallic, and will be removed using the same 
methods.
    During construction, 106 16-inch timber piles, and seven 18 to 24-
inch square concrete piles would be removed. Up to twelve of these 
piles could be extracted in one workday. Extraction time needed for 
each pile may vary greatly, but could require approximately 400 seconds 
(approximately 7 minutes).

 Table 5--The Sound Levels (dB Peak, dB RMS, and dB sSEL) Expected to be Generated by Each Hammer and Pile Type
----------------------------------------------------------------------------------------------------------------
                                                                                                     Estimated
                                                                     Estimated       Estimated     single strike
             Type of pile                      Hammer type        pressure level  pressure level  sound exposure
                                                                     (dB peak)       (dB RMS)     level (dB SEL)
----------------------------------------------------------------------------------------------------------------
24-inch sq. concrete..................  Impact..................             188             176             166
14-inch Temporary steel H-pile........  Impact..................             208         \1\ 187             177
14-inch Temporary steel H-pile........  Vibratory...............             180         \2\ 168  ..............
36-inch Steel Pipe....................  Vibratory...............             180             169  ..............
Wood and concrete pile extraction.....  Vibratory...............             164         \3\ 150  ..............
----------------------------------------------------------------------------------------------------------------
\1\ SL was based on an assumed 10-dB difference between the SELs-s and SPLrms SLs. The SPLrmsSL was not reported
  in Caltrans.
\2\ Measured at 14 m.
\3\ Measured at 16 m.

    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, NMFS developed a User Spreadsheet that includes tools to 
help predict a simple isopleth that can be used in conjunction with 
marine mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which will result in some degree of 
overestimate of Level A take. However, these tools offer the best way 
to predict appropriate isopleths when more sophisticated 3D modeling 
methods are not available, and NMFS continues to develop ways to 
quantitatively refine these tools, and will qualitatively address the 
output where appropriate. For stationary sources NMFS User Spreadsheet 
predicts the closest distance at which, if a marine mammal remained at 
that distance the whole duration of the activity, it would not incur 
PTS. Inputs used in the User Spreadsheet, and the resulting isopleths 
are reported below.
    Table 6 shows the inputs that were used in the User Spreadsheet to 
determine cumulative PTS Thresholds. Table 7 shows the Level A 
Isopleths as determined utilizing inputs from Table 6. Level B 
isopleths for impact and vibratory driving and extraction are shown in 
Table 8.

[[Page 27555]]



                                                          Table 6--Inputs for User Spreadsheet
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        E.1: Impact pile        E.1: Impact pile
                                       driving (stationary     driving (stationary   A: Stationary source:  A: Stationary source:  A: Stationary source:
        Spreadsheet tab used           source: impulsive,      source: impulsive,       non- impulsive,        non- impulsive,        non- impulsive,
                                          intermittent)           intermittent)            continuous             continuous             continuous
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pile Type and Hammer Type..........  24-inch sq. concrete    14-inch Steel H-pile..  14-inch Steel H-pile.  36-in steel..........  Wood concrete pile
                                      piles.                                                                                        extraction.
Source Level.......................  166 (Single strike/     177 (Single strike/     168 RMS..............  169 RMS..............  150 RMS.
                                      shot SEL).              shot SEL).
Weighting Factor Adjustment (kHz)..  2.....................  2.....................  2.5..................  2.5..................  2.5.
Number of strikes in 1 h OR number   300...................  200...................  NA...................  NA...................  NA.
 of strikes per pile.
Activity Duration (h) within 24-h    2 piles...............  4 piles...............  0.333................  0.6667...............  1.333.
 period OR number of piles per day.
Propagation (xLogR)................  15....................  15....................  15...................  15...................  15.
Distance of source level             10....................  10....................  14...................  10...................  16.
 measurement (meters).
--------------------------------------------------------------------------------------------------------------------------------------------------------


                Table 7--Radial Distances to Level A Isopleth During Impact and Vibratory Driving
----------------------------------------------------------------------------------------------------------------
                                                             Distance in meters (feet)
                                 -------------------------------------------------------------------------------
 Project element requiring pile                                        High-
          installation             Low-frequency   Mid-frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
                                                 Impact Driving
----------------------------------------------------------------------------------------------------------------
24-inch square concrete (1-2 per        52 (171)           2 (6)        62 (204)         28 (92)           2 (7)
 day)...........................
14-inch steel H pile (4 per day.     343 (1,124)         12 (40)     408 (1,339)       183 (602)         13 (44)
----------------------------------------------------------------------------------------------------------------
                                          Vibratory Driving/Extraction
----------------------------------------------------------------------------------------------------------------
14-inch steel H pile (4 per day)         13 (46)           1 (3)         20 (66)          8 (26)           1 (3)
36-inch steel pipe pile (4 per           18 (58)           2 (6)         26 (86)         11 (35)           1 (2)
 day)...........................
Wood and concrete pile                     2 (5)          <1 (3)          4 (13)           2 (6)          <1 (3)
 extraction (12 per day)........
----------------------------------------------------------------------------------------------------------------


    Table 8--Radial Distances to Level B Isopleths During Impact and
                            Vibratory Driving
------------------------------------------------------------------------
                                                          Distance to
                      Pile type                          threshold in
                                                         meters (feet)
------------------------------------------------------------------------
                    Impact Driving (160 dB threshold)
------------------------------------------------------------------------
24[dash]inch square concrete........................           117 (382)
14-inch steel H pile................................         631 (2,070)
------------------------------------------------------------------------
             Vibratory Driving/Extraction (120 dB threshold)
------------------------------------------------------------------------
14-inch steel H pile................................     22,188 (72,795)
36-inch steel pipe pile.............................     18,478 (60,609)
Wood and concrete pile extraction...................       1,600 (5,249)
------------------------------------------------------------------------

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.
    San Francisco Bay has five known harbor seal haulout sites that 
include Alcatraz Island, Castro Rocks, Yerba Buena Island, Newark 
Slough, and Mowry Slough. Yerba Buena Island, Alcatraz and Castro Rocks 
are within or near the areas within ensonified Level B zones. Castro 
Rocks is the largest harbor seal haulout site in the northern part of 
San Francisco Bay and is the second largest pupping site in the Bay 
(Green et al. 2002). The pupping season is from March to June in San 
Francisco Bay. During the molting season (typically June-July and 
coincides with the period when piles will be driven) as many as 
approximately 130 harbor seals on average have been observed using 
Castro Rocks as a haulout. Harbor seals are more likely to be hauled 
out in the late afternoon and evening, and are more likely to be in the 
water during the morning and early afternoon (Green et al. 2002). 
However, during the molting season, harbor seals spend more time hauled 
out and tend to enter the water later in the evening. During molting, 
harbor seals can stay onshore resting for an average of 12 hours per 
day during the molt compared to around 7 hours per day outside of the 
pupping/molting seasons (NPS 2014). Tidal stage is a major controlling 
factor of haulout usage at Castro Rocks with more seals present during 
low tides than high tide periods since it is completely underwater at 
high tide twice per day (Green et al. 2002). Additionally, the number 
of seals hauled out at Castro Rocks also varies with the time of day, 
with proportionally more animals hauled out during the nighttime hours 
(Green et al. 2002). Therefore, the number of harbor

[[Page 27556]]

seals in the water around Castro Rocks will vary throughout the work 
period. However, it is likely that all seals hauled out at the site 
will be exposed to project related underwater noise at some point each 
day. The number of harbor seals located at Castro Rocks is based on the 
highest mean plus the standard error of harbor seals observed at Castro 
Rocks during recent annual surveys conducted by the National Park 
Service (NPS) (Codde, S. and S. Allen. 2013, 2015, and 2017), resulting 
in a value of 176 seals. The same NPS survey determined that harbor 
seal population in the Central Bay at Alcatraz and Yerba Buena Island 
is approximately 167 seals (Codde, S. and S. Allen. 2013, 2015, and 
2017).
    California sea lions haul out primarily on floating docks at Pier 
39 in the Fisherman's Wharf area of the San Francisco Marina, 
approximately 12.5 kilometer (km) (7.8 miles (mi)) southwest of the 
project area. Based on counts done in 1997 and 1998, the number of 
California sea lions that haul out at Pier 39 fluctuates with the 
highest occurrences in August and the lowest in June. In addition to 
the Pier 39 haulout, California sea lions haul out on buoys and similar 
structures throughout the Bay. They are seen swimming off mainly the 
San Francisco and Marin shorelines within the Bay but may occasionally 
enter the project area to forage. Over the monitoring period for the 
Richmond-San Rafael Bridge RSRB, monitors sighted at least 90 
California sea lions in the North Bay and at least 57 in the Central 
Bay (Caltrans 2012). During monitoring for the San Francisco-Oakland 
Bay Bridge (SFOBB) Project in the central Bay, 69 California sea lions 
were observed in the vicinity of the bridge over a 17-year period from 
2000-2017 (Caltrans 2018), and from these observations, an estimated 
density of 0.161 animals per square kilometer (km\2\) is derived 
(Caltrans 2018).
    A small but growing population of harbor porpoises utilizes San 
Francisco Bay. Harbor porpoises are typically spotted in the vicinity 
of Angel Island and the Golden Gate (6 and 12 km southwest 
respectively) with lesser numbers sighted in the vicinity of Alcatraz 
and around Treasure Island (Keener 2011). Porpoises but may utilize 
other areas in the Central Bay in low numbers, including the planned 
project area. However, harbor porpoise are naturally inclined to remain 
near the shoreline areas and downstream of large landmasses as they are 
constantly foraging. For this reason, the project area would present a 
less than likely area to observe harbor porpoise as they would either 
need to traverse the perimeter of the Bay to arrive there, or would 
have to swim through the open Bay. Both scenarios are possible, but 
would represent uncommon behavior. Based on monitoring conducted for 
the SFOBB project, between 2000-2017 an in-water density of 0.031 
animals per km\2\ estimated by Caltrans for this species. However, 
porpoise occurrence increased significantly in 2017 resulting in a 2017 
only density of 0.167 animals per km\2\ (Caltrans 2018).
    Small numbers of northern elephant seals haul out or strand on 
coastline within the Central Bay. Monitoring of marine mammals in the 
vicinity of the SFOBB has been ongoing for 15 years; from those data, 
Caltrans has produced an estimated at-sea density for northern elephant 
seal of 0.06 animal per km\2\ (Caltrans, 2015b). Most sightings of 
northern elephant seal in San Francisco Bay occur in spring or early 
summer, and are less likely to occur during the periods of in-water 
work for this project. As a result, densities during pile driving for 
the planned action would be much lower.
    The incidence of northern fur seal in San Francisco Bay depends 
largely on oceanic conditions, with animals more likely to strand 
during El Ni[ntilde]o events. The likelihood of El Ni[ntilde]o 
conditions occurring in 2018 is currently low, with La Ni[ntilde]a or 
neutral conditions expected to develop (NOAA, 2018).
    The range of the bottlenose dolphin has expanded northward along 
the Pacific Coast since the 1982-1983 El Ni[ntilde]o (Carretta et al. 
2013, Wells and Baldridge 1990). They now occur as far north as the San 
Francisco Bay region and have been observed along the coast in Half 
Moon Bay, San Mateo, Ocean Beach in San Francisco, and Rodeo Beach in 
Marin County. Observations indicate that bottlenose dolphin 
occasionally enter San Francisco Bay, sometimes foraging for fish in 
Fort Point Cove, just east of the Golden Gate Bridge (Golden Gate 
Cetacean Research 2014). Transient individuals of this species 
occasionally enter San Francisco Bay, but observations indicate that 
they usually remain in proximity to the Golden Gate near the mouth of 
the Bay. Beginning in 2015, two individuals have been observed 
frequently in the vicinity of Oyster Point, located south of San 
Francisco (GGCR, 2018; Perlman, 2017). Bottlenose dolphins are being 
observed in San Francisco bay more frequently in recent years. Groups 
with an average size of five animals have been observed entering the 
Bay in the vicinity of Yerba Buena Island at a rate of once per week. 
They usually are observed over two week spans and then depart for an 
extended period of time (NMFS, 2017).
    Gray whales occasionally enter the Bay during their northward 
migration period, and are most often sighted in the Bay between 
February and May. Most venture only about 2 to 3 km (about 1-2 mi) past 
the Golden Gate, but gray whales have occasionally been sighted as far 
north as San Pablo Bay. Pile driving is not expected to occur during 
this time, and gray whales are not likely to be present at other times 
of year.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    The following assumptions are made when estimating potential 
incidences of take:
     All marine mammal individuals potentially available are 
assumed to be present within the relevant area, and thus incidentally 
taken;
     An individual can only be taken once during a 24-h period;
     Exposures to sound levels at or above the relevant 
thresholds equate to take, as defined by the MMPA.
    Limited density data is available for marine mammal species in San 
Francisco Bay. Estimates here are determined using data taken during 
marine mammal monitoring associated with RSRB retrofit project, the San 
Francisco-Oakland Bay Bridge replacement project, and other marine 
mammal observations for San Francisco Bay. For Pacific harbor seal, 
data was also derived from recent annual surveys of haulouts in the Bay 
conducted by the National Park Service (Codde, S. and S. Allen. 2013, 
2015, and 2017).

Pacific Harbor Seal

    As noted above, take estimates are based on the highest mean plus 
the standard error of harbor seals observed by NPS at Castro Rocks 
which equals 176 animals (Codde, S. and S. Allen. 2013, 2015, and 
2017). Castro Rocks is inundated with water twice/day during the high 
tides. So during every work day (7 a.m. to 7 p.m.) the entire haulout 
will be in the water twice per day. Of these 176 seals, the proportion 
that may enter the areas over which the Level B harassment thresholds 
may be exceeded are estimated as follows:
     Impact driving of 24-inch concrete piles at all Berths: It 
is assumed that 10 percent of the animals that enter the water from 
Castro Rocks will enter the small Level B zones associated with this 
pile type as shown in Figure 6-1 in the application. Thus, it is 
estimated that up to 17.6 individuals per day could be exposed (176/10 
= 17.6) by entering the Level B harassment zone to the south of Castro 
Rocks;

[[Page 27557]]

     Impact driving of 14-inch steel H piles: Impact driving 
would only occur in the event that a pile encounters an obstruction 
such as an old timber pile beneath the mud line, which is unlikely to 
occur. These piles will be preferentially driven with a vibratory 
driver. Therefore, Level B take for this activity is based on 
installation using vibratory driver. Level A take is based on 
installation using impact driving. For the purposes of calculating 
Level A take, as a proportion of Level B take, it is assumed that 
approximately 25 percent of the 176 harbor seals using Castro Rocks 
could approach and be subject to Level B harassment due to the limited 
amount of time impact driving is expected to occur as well as the size 
and location of the Level B isopleth (Figure 6-2 in application). 
Therefore, it is assumed that up to 44 individuals per day could be 
exposed when this activity is being conducted;
     Vibratory driving and removal of the 36-inch steel pipe 
piles at Berth 4: Isopleths for this vibratory driving encompass Castro 
Rocks, therefore it is assumed that all of the estimated 176 animals in 
the water, could be exposed when these piles are being driven at Berth 
4;
     Vibratory driving/extraction of the 14-inch H piles at 
Berth 2: Isopleths for this vibratory driving encompass Castro Rocks, 
therefore is assumed that all of the 176 animals in the water could be 
exposed when this activity is being conducted at Berth 2; and
     Vibratory removal of timber and concrete piles at Berths 
1, 2 and 4: Isopleths for this vibratory removal encompass Castro 
Rocks, therefore it is assumed that all of the estimated 176 animals in 
the water could be exposed during these activities.
    In order to account for other individuals that may be foraging in 
the more distant part of the Level B harassment zone, additional take 
of harbor seal has been estimated based on other harbor seal 
populations in the Central Bay. Using the same data set (Codde, S. and 
S. Allen. 2013, 2015, and 2017) that was used for Castro Rocks, a 
population for the Central Bay of 167 harbor seals was established 
based on other Central Bay haulouts at Alcatraz and Yerba Buena Island. 
The area of the Central Bay (bound by the Golden Gate, Richmond Bridge, 
SFOBB, and adjoining coastline) is approximately 134 km\2\, resulting 
in a harbor seal density of 1.25 animals per km\2\. The population that 
hauls out at Castro Rocks is not included in this density estimate 
because of the proximity of the haulout site to the project and 
potential take of those harbor seals has been estimated separately 
using the methods described above. The estimated take based on the 
Central Bay density is added to the take estimated for the Castro Rocks 
population, as provided in Table 9 below. Also provided in Table 9 is 
the estimated Level A take for impact driving of the steel 14-inch H 
piles, which has been estimated by taking Level B take and multiplying 
it by the ratio of the Level A zone area to the Level B zone area. 
Level A take is not requested for vibratory driving.

                                     Table 9--Daily Level A and Level B Harassment Estimate for Pacific Harbor Seal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Estimated Level B take per day
                                                                           Level A zone, ------------------------------------------------    Estimated
                        Pile type                          Level B zone        minus        Central bay                                    Level A take
                                                              (km\2\)     exclusion zone   \1\ (1.25 per      Project      Harbor seal--     per day--
                                                                              (km\2\)         km\2\)         vicinity          total           total
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Vibratory Driving
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-inch steel H pile....................................          190.55              NA          238.39             176          414.39              NA
36-inch steel pile......................................          176.44              NA          220.55             176          396.55              NA
Timber/Concrete Pile Removal............................            7.14              NA            8.92             176          184.92              NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Impact Driving
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-inch steel H pile....................................            1.36            0.10           * 1.7            * 44            45.7            3.36
24-inch concrete pile...................................            0.04               0            0.05            17.6           17.65               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Only displayed to provide the calculation of Level A take. Level B take authorized for vibratory driving would cover any Level B take from occasional
  impact driving.

    For impact pile driving of the 14-inch steel H piles, the PTS Zone 
is large enough to warrant a smaller exclusion zone and the 
authorization of some Level A harassment for harbor seal so that pile 
driving can be completed on schedule. A 35 meter shutdown zone (smaller 
than the Level A Zone) for this species would be established, but 
individuals that place themselves in the Level A zone but outside of 
the shut-down zone may experience Level A harassment, if they reside in 
that area for a long enough duration.

California Sea Lion

    The estimated California seal lion density of 0.16 animals per 
km\2\ previously described was used to calculate potential Level B 
exposures as shown in Table 10.

 Table 10--Daily Level B Harassment Exposure Estimate for California Sea
                                  Lion
------------------------------------------------------------------------
                                                           Level B take
                                                             estimate
                                                             (based on
                Pile type                  Level B zone     Central Bay
                                              (km\2\)       density of
                                                           0.16 animals
                                                            per km\2\ )
------------------------------------------------------------------------
                            Vibratory Driving
------------------------------------------------------------------------
14-inch steel H pile....................          190.55           30.48
36-inch steel pile......................          176.44           28.23

[[Page 27558]]

 
Timber/Concrete Pile Removal............            7.14            1.14
------------------------------------------------------------------------
                             Impact Driving
------------------------------------------------------------------------
14-inch steel H pile....................            * NA            * NA
24-inch concrete pile...................
0.04....................................
0.01....................................
------------------------------------------------------------------------
* Level B take authorized for vibratory driving would cover any Level B
  take from occasional impact driving.

Harbor Porpoise

    Based on monitoring conducted for the SFOBB project described 
previously, an in-water density of 0.17 animals per km\2\ was estimated 
by Caltrans for this species (NMFS 2017b). Using this in-water density 
and the areas of potential harassment, take is estimated for harbor 
porpoise as provided in Table 11. Also provided in Table 11 is the 
estimated Level A take for impact driving, which has been estimated by 
taking Level B take and multiplying it by the ratio of the Level A zone 
area to the Level B zone area. A single harbor porpoise could be 
exposed to Level A harassment during impact driving or 14-inch steel H-
piles as shown in Table 11. NMFS, however, conservatively proposes to 
authorize Level A take of four animals which is the average group size.

               Table 11--Daily Level A and Level B Harassment Estimate for Pacific Harbor Porpoise
----------------------------------------------------------------------------------------------------------------
                                                                                      Level B
                                                                   Level A zone,     estimate        Estimated
                    Pile type                      Level B zone        minus      Central Bay in-  Level A take
                                                      (km\2\)     exclusion zone    water--0.17       per day
                                                                      (km\2\)        per km\2\
----------------------------------------------------------------------------------------------------------------
                                                Vibratory Driving
----------------------------------------------------------------------------------------------------------------
14-inch steel H pile............................          190.55  ..............           32.39              NA
36-inch steel pile..............................          176.44  ..............           29.99              NA
Timber/Concrete Pile Removal....................            7.14  ..............            1.21              NA
----------------------------------------------------------------------------------------------------------------
                                                 Impact Driving
----------------------------------------------------------------------------------------------------------------
14-inch steel H pile............................            1.36          * 0.32          * 0.23            0.05
24-inch concrete pile...........................            0.04               0            0.01               0
----------------------------------------------------------------------------------------------------------------
* Only displayed to provide the calculation of Level A take. Level B take authorized for vibratory driving would
  cover any Level B take from occasional impact driving.

    For impact pile driving of the 14-inch H piles, the Level A Zone is 
large enough to warrant the authorization of some Level A. A 250 meter 
shutdown zone for this species would be established, but individuals 
that place themselves in the Level A zone but outside of the shut-down 
zone may experience Level A harassment, if they reside in that area for 
a long enough duration.

Northern Elephant Seal

    Monitoring of marine mammals in the vicinity of the SFOBB produced 
an estimated density for northern elephant seal of 0.06 animal per 
km\2\ (Caltrans, 2015b). Most sightings of northern elephant seal in 
San Francisco Bay occur in spring or early summer, and are less likely 
to occur during the periods of in-water work for this project. As a 
result, densities during pile driving for the planned action would be 
much lower. It is possible that a lone northern elephant seal may enter 
the Level B harassment area once per day during pile driving, for a 
total of 28 takes. Level A harassment of this species is not expected 
to occur and is not authorized by NMFS.

Northern Fur Seal

    As noted previously, the incidence of northern fur seal in San 
Francisco Bay depends largely on oceanic conditions, with animals more 
likely to strand during El Ni[ntilde]o events. The likelihood of El 
Ni[ntilde]o conditions occurring in 2018 is currently low, with La 
Ni[ntilde]a or neutral conditions expected to develop (NOAA, 2018). 
Given the low probability that fur seals would enter into the Bay and 
project area in 2018, Chevron has conservatively requested and NMFS has 
authorized10 fur seals takes by Level B harassment. Level A harassment 
of this species is not anticipated or authorized by NMFS.

Bottlenose Dolphin

    When this species is present in San Francisco Bay, it is more 
typically found close to the Golden Gate. Recently, beginning in 2015, 
two individuals have been observed frequently in the vicinity of Oyster 
Point (GGCR, 2016; GGCR 2017; Perlman, 2017). The average reported 
group size for bottlenose dolphins is five. Reports show that a group 
normally comes into San Francisco Bay near Yerba Buena Island once per 
week for approximately 2-week

[[Page 27559]]

stints and then leaves the Bay (NMFS, 2017b). Chevron assumed groups of 
five individuals may enter San Francisco Bay and the ensonified area 
three times during separate two-week spans. Therefore, groups of 5 
animals would potentially be exposed at a rate of once per week over 
six weeks, resulting in up to 30 Level B exposures. As such, NMFS 
authorizes the take by Level B harassment of 30 bottlenose dolphins. 
Although a small Level A zone for mid-frequency cetaceans is estimated 
during impact driving, marine mammal monitoring of the shutdown would 
ensure that take by Level A harassment does not occur.

Gray Whale

    Gray whales are the only whale species that travels far into San 
Francisco bay with any regularity. They occasionally enter the Bay 
during their northward migration period, and are most often sighted in 
the Bay between February and May. Most venture only about 2 to 3 km 
(about 1-2 mi) past the Golden Gate, but gray whales have occasionally 
been sighted as far north as San Pablo Bay. Pile driving is not 
anticipated to occur during the February through May timeframe and gray 
whales are not likely to be present at other times of year. In the very 
unlikely event that a gray whale or pair of gray whales makes its way 
close to the project area while pile driving activities are under way, 
Chevron has requested take by Level B harassment of up to two (2) gray 
whales per year. NMFS agrees and has authorized the take of 2 gray 
whales by Level B harassment. No Level A take is authorized.
    Tables 12 and 13 summarize the estimate of Level B and Level A 
harassment, respectively, for each species by pile driving activity for 
the 2018 construction season. For harbor seals, sea lions, harbor 
porpoise and elephant seals, the Level B harassment estimates are based 
on the number of individuals assumed to be exposed per day, the number 
of days of pile driving expected based on an average installation rate. 
The Level A harassment estimates are derived from the Level B 
harassment estimates by taking the Level B harassment total and 
multiplying it by the fractional ratio of the area of the Level A zone 
to the Level B zone.

                                      Table 12--Total Estimated Take by Level B Harassment by Species and Pile Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Species
                                                   Number of  Number of --------------------------------------------------------------------------------
           Pile type             Pile driver type    piles     driving     Harbor     CA sea     Harbor      Gray    N. elephant    N. fur    Bottlenose
                                                                 days       seal       lion     porpoise   whale *       seal       seal *    dolphin *
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-inch steel template pile **  Vibratory........          8          2      793.1      56.46      59.98         NA            2         NA           NA
Concrete pile removal.........  Vibratory........          5          1     184.92       1.14       1.21         NA            1         NA           NA
24-inch concrete..............  Impact...........          8          8      141.2       0.08       0.08         NA            8         NA           NA
14-inch H pile installation...  Impact/Vibratory.         36         12   4,972.68     365.76     388.68         NA           12         NA           NA
Timber pile removal...........  Vibratory........         53          5      924.6        5.7       6.05         NA            5         NA           NA
                                                  ------------------------------------------------------------------------------------------------------
    Total Take by Species       .................  .........  .........      7,017        429        456          2           28         10           30
     (2018).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Take is not calculated by activity type for these species, only a total is given.
** Only the installation of the template piles will occur in 2018. Take associated with their removal will be requested in a subsequent IHA.
*** These piles will be preferentially driven with a vibratory driver, which would have a larger Level B zone than installation with an impact driver.
  Thus, Level B take for this species is based on installation using vibratory driver, and not an impact driver.


                                 Table 13--Authorized Take by Level A Harassment
----------------------------------------------------------------------------------------------------------------
                                                                     Number of                        Harbor
               Pile type                    Pile driver type       driving days     Harbor seal      porpoise
----------------------------------------------------------------------------------------------------------------
36-inch steel template pile...........  Vibratory...............               2               0               0
Concrete pile removal.................  Vibratory...............               1               0               0
24-inch concrete......................  Impact..................               8               0               0
14-inch H pile installation...........  Impact/Vibratory........              12              40             * 4
Timber pile removal...................  Vibratory...............               5               0               0
                                                                 -----------------------------------------------
    Total Take........................  ........................  ..............              40               4
----------------------------------------------------------------------------------------------------------------
* Harbor porpoise takes were increased to 4 to account for average group size.

    Table 14 provides a summary of authorized Level A and Level B takes 
as well as the percentage of a stock authorized for take.

                         Table 14--Authorized Take and Percentage of Stock or Population
----------------------------------------------------------------------------------------------------------------
                                                                    Authorized      Authorized        Percent
                Species                           Stock            Level A takes   Level B takes    population
----------------------------------------------------------------------------------------------------------------
Harbor seal...........................  California..............              40           6,977           22.6%
California sea lion...................  Eastern U.S.............  ..............             429           <0.01
Harbor porpoise.......................  San Francisco--Russian                 4             451             4.5
                                         River.
Northern elephant seal................  California Breeding.....  ..............              28           <0.01
Gray whale............................  Eastern North Pacific...  ..............               2           <0.01
Northern fur seal.....................  California..............  ..............              10           <0.01
Bottlenose Dolphin....................  California Coastal......  ..............              30             6.6
----------------------------------------------------------------------------------------------------------------


[[Page 27560]]

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.

Mitigation for Marine Mammals and Their Habitat

    The following measures would apply to Chevron's mitigation 
requirements:
     Seasonal Restriction--To minimize impacts to listed fish 
species, pile-driving activities would occur between June 1 and 
November 30;
     Daylight Construction Period--Work would occur only during 
daylight hours (7:00 a.m. to 7:00 p.m.) when visual marine mammal 
monitoring can be conducted;
     Establishment of Shutdown Zone--For all pile driving and 
removal activities, Chevron will establish a shutdown zone. The purpose 
of a shutdown zone is generally to define an area within which shutdown 
of activity would occur upon sighting of a marine mammal (or in 
anticipation of an animal entering the defined area). A shutdown zone 
will be established which will include all or a portion of the area 
where underwater SPLs are expected to reach or exceed the cumulative 
SEL thresholds for Level A harassment as provided in Table 7. The 
shutdown isopleths for pinnipeds (harbor seals, California sea lion, 
Northern elephant seal, northern fur seal) and mid-frequency cetaceans 
(bottlenose dolphins) will be set at 15 meters during vibratory 
driving. A 30 meter shutdown zone during vibratory driving will be 
established for low-frequency cetaceans (gray whale) and high-frequency 
cetaceans (harbor porpoise). During impact driving the shutdown zones 
will be set at 250 meters for high-frequency cetaceans (harbor 
porpoise), 350 meters for low-frequency cetaceans (gray whales), and 35 
meters for pinnipeds (harbor seal, California sea lion, Northern 
elephant seal, northern fur seal) and mid-frequency cetaceans 
(bottlenose dolphin);
     10-Meter Shutdown Zone--During the in-water operation of 
heavy machinery (e.g., barge movements), a 10-m shutdown zone for all 
marine mammals will be implemented. If a marine mammal comes within 10 
m, operations shall cease and vessels shall reduce speed to the minimum 
level required to maintain steerage and safe working conditions;
     Establishment of Monitoring Zones for Level A and Level 
B--Chevron will establish and monitor Level A harassment zones during 
impact driving for harbor seal extending to 183 meters and harbor seals 
and extending to 408 m for harbor porpoises. These are areas beyond the 
shutdown zone in which animals could be exposed to sound levels that 
could result in PTS. Chevron will also establish and monitor Level B 
harassment zones which are areas where SPLs are equal to or exceed the 
160 dB rms threshold for impact driving and the 120 dB rms threshold 
during vibratory driving and extraction. Monitoring zones provide 
utility for observing by establishing monitoring protocols for areas 
adjacent to the shutdown zones. Monitoring zones enable observers to be 
aware of and communicate the presence of marine mammals in the project 
area outside the shutdown zone and thus prepare for a potential cease 
of activity should the animal enter the shutdown zone. The Level B 
zones are depicted in Table 11. As shown, the largest Level B zone is 
equal to 190.55 km\2\, making it impossible for Protected Species 
Observers (PSOs) to view the entire harassment area. Due to this, Level 
B exposures will be recorded and extrapolated based upon the number of 
observed take and the percentage of the Level B zone that was not 
visible;
     Soft Start--The use of a soft-start procedure are believed 
to provide additional protection to marine mammals by providing warning 
and/or giving marine mammals a chance to leave the area prior to the 
hammer operating at full capacity. Chevron shall use soft start 
techniques when impact pile driving. Soft start requires contractors to 
provide an initial set of strikes at reduced energy, followed by a 
thirty-second waiting period, then two subsequent reduced energy strike 
sets;
     Pile Caps/Cushions--Chevron will employ the use of pile 
caps or cushions as sound attenuation devices to reduce impacts from 
sound exposure during impact pile driving;
     Pre-Activity Monitoring--Pre-activity monitoring shall 
take place from 30 minutes prior to initiation of pile driving activity 
and post-activity monitoring shall continue through 30 minutes post-
completion of pile driving activity. Pile driving may commence at the 
end of the 30-minute pre-activity monitoring period, provided observers 
have determined that the shutdown zone is clear of marine mammals, 
which includes delaying start of pile driving activities if a marine 
mammal is sighted in the zone, as described below;
     If a marine mammal approaches or enters the shutdown zone 
during activities or pre-activity monitoring, all pile driving 
activities at that location shall be halted or delayed, respectively. 
If pile driving is halted or delayed due to the presence of a marine 
mammal, the activity may not resume or commence until either the animal 
has voluntarily left and been visually confirmed beyond the shutdown 
zone and 15 minutes have passed without re-detection of the animal. 
Pile driving activities include the time to install or remove a single 
pile or series of piles, as long as the time elapsed between uses of 
the pile driving equipment is no more than thirty minutes; and
     Non-authorized Take Prohibited--If a species for which 
authorization has not been granted or a species for which authorization 
has been granted but the authorized takes are met, is observed 
approaching or within the monitoring zone, pile driving and removal 
activities must shut down immediately using delay and shut-down 
procedures. Activities must not resume until the animal has been 
confirmed to have left

[[Page 27561]]

the area or an observation time period of 15 minutes has elapsed.
    Based on our evaluation of the applicant's planned measures, as 
well as other measures considered by NMFS, NMFS has determined that the 
required mitigation measures provide the means effecting the least 
practicable impact on the affected species or stocks and their habitat, 
paying particular attention to rookeries, mating grounds, and areas of 
similar significance.

Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth requirements pertaining to the 
monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
action area. Effective reporting is critical both to compliance as well 
as ensuring that the most value is obtained from the required 
monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:

     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.

Visual Monitoring

    The following visual monitoring measures are required as part of 
the issued IHA.
     One day of biological monitoring would occur within one 
week before the project's start date to establish baseline 
observations;
     Monitoring distances, in accordance with the identified 
shutdown, Level A, and Level B zones, will be determined by using a 
range finder, scope, hand-held global positioning system (GPS) device 
or landmarks with known distances from the monitoring positions;
     Monitoring locations will be established at locations 
offering best views of the monitoring zone;
     Monitoring will be continuous unless the contractor takes 
a break longer than 2 hours from active pile driving, in which case, 
monitoring will be required 30 minutes prior to restarting pile 
installation;
     For in-water pile driving, under conditions of fog or poor 
visibility that might obscure the presence of a marine mammal within 
the shutdown zone, the pile in progress will be completed and then pile 
driving suspended until visibility conditions improve;
     At least two PSOs will be actively scanning the monitoring 
zone during all pile driving activities;
     Monitoring of pile driving shall be conducted by qualified 
PSOs (see below), who shall have no other assigned tasks during 
monitoring periods. Chevron shall adhere to the following conditions 
when selecting observers:
    (1) Independent PSOs shall be used (i.e., not construction 
personnel);
    (2) At least one PSO must have prior experience working as a marine 
mammal observer during construction activities;
    (3) Other PSOs may substitute education (degree in biological 
science or related field) or training for experience; and
    (4) Chevron shall submit PSO CVs for approval by NMFS;
     Chevron will ensure that observers have the following 
additional qualifications:
    (1) Ability to conduct field observations and collect data 
according to assigned protocols;
    (2) Experience or training in the field identification of marine 
mammals, including the identification of behaviors;
    (3) Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    (4) Writing skills sufficient to prepare a report of observations 
including but not limited to the number and species of marine mammals 
observed; dates and times when in-water construction activities were 
conducted; dates, times, and reason for implementation of mitigation 
(or why mitigation was not implemented when required); and marine 
mammal behavior; and
    (5) Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.
    A draft marine mammal monitoring report would be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities. It will include an overall description of work completed, a 
narrative regarding marine mammal sightings, and associated marine 
mammal observation data sheets. Specifically, the report must include:

     Date and time that monitored activity begins or ends;
     Construction activities occurring during each observation 
period;
     Deviation from initial proposal in pile numbers, pile 
types, average driving times, etc.
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     For each marine mammal sighting the following must be 
recorded:
    (1) Species, numbers, and, if possible, sex and age class of marine 
mammals;
    (2) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile 
driving activity;
    (3) Location and distance from pile driving activities to marine 
mammals and distance from the marine mammals to the observation point; 
and
    (4) Estimated amount of time that the animals remained in the Level 
B zone.
     Description of implementation of mitigation measures 
within each monitoring period (e.g., shutdown or delay);
     Other human activity in the area.
     A summary of the following must be included in the report.
    (1) Total number of individuals of each species detected within the 
Level A and Level B Zones, and estimated take extrapolated across 
entire Level B zone; and
    (2) Daily average number of individuals of each species

[[Page 27562]]

(differentiated by month as appropriate) detected within the Level B 
Zone, and estimated take extrapolated across entire Level B zone.
    If no comments are received from NMFS within 30 days, the draft 
final report will constitute the final report. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury, serious injury or mortality, Chevron 
would immediately cease the specified activities and report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS, and the West Coast Regional Stranding 
Coordinator. The report would include the following information:
     Description of the incident;
     Environmental conditions (e.g., Beaufort sea state, 
visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with Chevron to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. Chevron would not be able 
to resume their activities until notified by NMFS via letter, email, or 
telephone.
    In the event that Chevron discovers an injured or dead marine 
mammal, and the lead PSO determines that the cause of the injury or 
death is unknown and the death is relatively recent (e.g., in less than 
a moderate state of decomposition as described in the next paragraph), 
Chevron would immediately report the incident to the Chief of the 
Permits and Conservation Division, Office of Protected Resources, NMFS, 
and the West Coast Regional Stranding Coordinator. The report would 
include the same information identified in the paragraph above. 
Activities would be able to continue while NMFS reviews the 
circumstances of the incident. NMFS would work with Chevron to 
determine whether modifications in the activities are appropriate.
    In the event that Chevron 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), Chevron would report the incident 
to the Chief of the Permits and Conservation Division, Office of 
Protected Resources, NMFS, and the West Coast Regional Stranding 
Coordinator within 24 hours of the discovery. Chevron would provide 
photographs or video footage (if available) or other documentation of 
the stranded animal sighting to NMFS and the Marine Mammal Stranding 
Network.

Hydroacoustic Monitoring

    Sound Source Verification (SSV) testing of would be conducted under 
this IHA. The purpose of the planned acoustic monitoring plan is to 
collect underwater sound-level information at both near and distant 
locations during vibratory pile extraction and installation and impact 
pile installation. The plan provides a protocol for hydroacoustic 
measurements during pile driving operations. Acoustic monitoring would 
be conducted on a minimum of two of each pile type. Since little data 
exist for source levels associated with installation of 24-inch square 
concrete piles (including data on single strike sound exposure level 
metrics) Chevron would conduct in-situ measurements during installation 
of eight piles. The SSV testing would be conducted by an acoustical 
firm with prior experience conducting SSV testing. Final results would 
be sent to NMFS. Findings may be used to establish Level A and Level B 
isopleths during impact and vibratory driving. Any alterations to the 
shutdown or harassment zones based on testing data must be approved by 
NMFS. The Hydroacoustic Monitoring Plan is contained on the following 
NMFS website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    Pile driving and extraction associated with Chevron's WMEP project 
as outlined previously have the potential to injure, disturb or 
displace marine mammals. Specifically, the specified activities may 
result in Level B harassment (behavioral disturbance) for seven marine 
mammal species authorized for take from underwater sound generated 
during pile driving operations. Level A harassment in the form of PTS 
may also occur to limited numbers of two species. No serious injuries 
or mortalities are anticipated to occur as a result of Chevron's pile 
driving activities.
    A limited number of animals (40 harbor seals and 4 harbor 
porpoises) could experience Level A harassment in the form of PTS if 
they stay within the Level A harassment zone during impact driving of 
24-inch steel H-piles. Installation of these piles would occur over 
eight days and impact driving will not be the primary method of 
installation. The piles will mainly be installed using only vibratory 
driving. Impact driving will be used only if the vibrated pile 
encounters an obstruction such as an old sunken pile. It is unlikely 
that this would occur for all four piles projected to be installed each 
driving day. An assumption of four piles per day was used to calculate 
Level A zone sizes. If four piles did require impact installation on a 
single day it is unlikely that the same individual marine mammal would 
be within the relatively small Level A zone during the installation of 
every pile. In most instances impact driving will not be required at 
all. Furthermore, the degree of injury is expected to be mild and is 
not likely to affect the reproduction or

[[Page 27563]]

survival of the individual animals. It is expected that, if hearing 
impairments occurs, most likely the affected animal would lose a few dB 
in its hearing sensitivity, which in most cases is not likely to affect 
its survival and recruitment.
    The Level B takes that are anticipated and authorized are expected 
to be limited to short-term behavioral harassment. Marine mammals 
present near the action area and taken by Level B harassment would most 
likely show overt brief disturbance (e.g., startle reaction) and 
avoidance of the area from elevated noise level during pile driving. 
Repeated exposures of individuals to levels of sound that may cause 
Level B harassment are unlikely to significantly disrupt foraging 
behavior. Thus, even repeated Level B harassment of some small subset 
of the overall stock is unlikely to result in any significant realized 
decrease in fitness for the affected individuals, and thus would not 
result in any adverse impact to the stock as a whole.
    The project is not expected to have significant adverse effects on 
affected marine mammal habitat. The activities may cause fish to leave 
the area temporarily. This could impact marine mammals' foraging 
opportunities in a limited portion of the foraging range; but, because 
of the short duration of the activities and the relatively small area 
of affected habitat, the impacts to marine mammal habitat are not 
expected to cause significant or long-term negative consequences.
    The likelihood that marine mammals will be detected by trained 
observers is high under the environmental conditions described for the 
project. The employment of the soft-start mitigation measure would also 
allow marine mammals in or near the shutdown and Level A zone zones to 
move away from the impact driving sound source. Therefore, the 
mitigation and monitoring measures are expected to reduce the potential 
for injury and reduce the amount and intensity of behavioral 
harassment. Furthermore, the pile driving activities analyzed here are 
similar to, or less impactful than, numerous construction activities 
conducted in similar locations which have taken place with no reported 
injuries or mortality to marine mammals, and no known long-term adverse 
consequences from behavioral harassment.
    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 mortality is anticipated or authorized;
     Anticipated incidences of Level A harassment would be in 
the form of a small degree of PTS to a limited number of animals;
     Anticipated incidents of Level B harassment consist of, at 
worst, temporary modifications in behavior;
     The relatively short and intermittent duration of in-water 
construction activities;
     The small percentage of the stock that may be affected by 
project activities (<22.8 percent for all stocks); and
     Efficacy of mitigation measures is expected to minimize 
the likelihood and severity of the level of harassment.
    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 required monitoring and 
mitigation measures, NMFS finds that the total marine mammal take from 
the planned activity will have a negligible impact on all affected 
marine mammal stocks or species.

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 14 depicts the number of animals that could be exposed to 
Level A and Level B harassment from work associated with Chevron's 
project. The analysis provided indicates that authorized takes account 
for no more than 22.6 percent of the populations of the stocks that 
could be affected. These are small numbers of marine mammals relative 
to the sizes of the affected stocks.
    Based on the analysis contained herein of the planned (including 
the required 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.

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 Categorical Exclusion B4 (incidental harassment authorizations with 
no anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS has determined that the issuance of the 
IHA qualifies to be categorically excluded from further NEPA review.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat.
    No incidental take of ESA-listed species is authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
formal consultation under section 7 of the ESA is not required for this 
action.

Authorization

    NMFS has issued an IHA to Chevron to take seven species of marine 
mammal incidental to pile driving and removal activities at Chevron's 
Long Wharf from June 1, 2018 through May 31, 2019 provided the 
previously mentioned

[[Page 27564]]

mitigation, monitoring, and reporting requirements are incorporated.

    Dated: June 7, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2018-12629 Filed 6-12-18; 8:45 am]
 BILLING CODE 3510-22-P



                                              27548                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              DEPARTMENT OF COMMERCE                                  incidental, but not intentional, taking of             California. Chevron’s request is for take
                                                                                                      small numbers of marine mammals by                     of seven species by Level A and Level
                                              National Oceanic and Atmospheric                        U.S. citizens who engage in a specified                B harassment. Neither Chevron nor
                                              Administration                                          activity (other than commercial fishing)               NMFS expects serious injury or
                                                                                                      within a specified geographical region if              mortality to result from this activity
                                              RIN 0648–XG067
                                                                                                      certain findings are made and either                   and, therefore, an IHA is appropriate.
                                              Takes of Marine Mammals Incidental to                   regulations are issued or, if the taking is               NMFS has issued an IHA to Chevron
                                              Specified Activities; Taking Marine                     limited to harassment, a notice of a                   authorizing the take of seven species by
                                              Mammals Incidental to the Chevron                       proposed authorization is provided to                  Level A and Level B harassment. Pile
                                              Richmond Refinery Long Wharf                            the public for review.                                 driving and removal will take 28 days
                                              Maintenance and Efficiency Project in                      An authorization for incidental
                                                                                                                                                             and will be timed to occur within the
                                              San Francisco Bay, California                           takings shall be granted if NMFS finds
                                                                                                                                                             work windows developed for
                                                                                                      that the taking will have a negligible
                                              AGENCY:  National Marine Fisheries                                                                             Endangered Species Act (ESA)—listed
                                                                                                      impact on the species or stock(s), will
                                              Service (NMFS), National Oceanic and                                                                           fish species (June 1 through November
                                                                                                      not have an unmitigable adverse impact
                                              Atmospheric Administration (NOAA),                                                                             30). The IHA is effective from June 1,
                                                                                                      on the availability of the species or
                                              Commerce.                                                                                                      2018 through May 31, 2019. This IHA
                                                                                                      stock(s) for subsistence uses (where
                                                                                                                                                             would cover one year of a larger project
                                              ACTION: Notice; issuance of an incidental               relevant), and if the permissible
                                                                                                                                                             for which Chevron intends to request
                                              harassment authorization.                               methods of taking and requirements
                                                                                                                                                             additional take authorizations for
                                                                                                      pertaining to the mitigation, monitoring
                                              SUMMARY:   In accordance with the                                                                              subsequent facets of the project.
                                                                                                      and reporting of such takings are set
                                              regulations implementing the Marine                     forth.                                                 Description of Planned Activity
                                              Mammal Protection Act (MMPA), as                           NMFS has defined ‘‘negligible
                                              amended, notification is hereby given                   impact’’ in 50 CFR 216.103 as an impact                   Chevron’s Richmond Refinery Long
                                              that NMFS has issued an incidental                      resulting from the specified activity that             Wharf (Long Wharf) located in San
                                              harassment authorization (IHA) to                       cannot be reasonably expected to, and is               Francisco Bay, is the largest marine oil
                                              Chevron to incidentally take, by Level A                not reasonably likely to, adversely affect             terminal in California. The Long Wharf
                                              and/or Level B harassment, seven                        the species or stock through effects on                has existed in its current location since
                                              species of marine mammals during the                    annual rates of recruitment or survival.               the early 1900s (Figure 1–1 in
                                              Long Wharf Maintenance and Efficiency                      The MMPA states that the term ‘‘take’’              Application). The existing configuration
                                              Project (WMEP) in San Francisco Bay,                    means to harass, hunt, capture, kill or                of these systems have limitations to
                                              California.                                             attempt to harass, hunt, capture, or kill              accepting more modern, fuel efficient
                                                                                                      any marine mammal.                                     vessels with shorter parallel mid-body
                                              DATES: This Authorization is applicable
                                                                                                         Except with respect to certain                      hulls and in some cases do not meet
                                              from June 1, 2018 through May 31,
                                                                                                      activities not pertinent here, the MMPA                current Marine Oil Terminal
                                              2019.
                                                                                                      defines ‘‘harassment’’ as any act of                   Engineering and Maintenance Standards
                                              FOR FURTHER INFORMATION CONTACT:      Rob               pursuit, torment, or annoyance which (i)               (MOTEMS). The purpose of the planned
                                              Pauline, Office of Protected Resources,                 has the potential to injure a marine                   WMEP is to comply with current
                                              NMFS, (301) 427–8401. Electronic                        mammal or marine mammal stock in the                   MOTEMS requirements and to improve
                                              copies of the application and supporting                wild (Level A harassment); or (ii) has                 safety and efficiency at the Long Wharf.
                                              documents, as well as a list of the                     the potential to disturb a marine                      The planned project will involve
                                              references cited in this document, may                  mammal or marine mammal stock in the                   modifications at four berths (Berths 1, 2,
                                              be obtained online at:                                  wild by causing disruption of behavioral               3, and 4). Modifications to the Long
                                              www.nmfs.noaa.gov/pr/permits/                           patterns, including, but not limited to,               Wharf include replacing gangways and
                                              incidental/construction.htm. In case of                 migration, breathing, nursing, breeding,               cranes, adding new mooring hooks and
                                              problems accessing these documents,                     feeding, or sheltering (Level B                        standoff fenders, adding new dolphins
                                              please call the contact listed above.                   harassment).                                           and catwalks, and modifying the fire
                                              SUPPLEMENTARY INFORMATION:                                                                                     water system at Berths 1, 2, 3 and/or 4,
                                                                                                      Summary of Request                                     as well as the seismic retrofit to the
                                              Background                                                 On February 1, 2018, NMFS received                  Berth 4 loading platform. The type and
                                                Sections 101(a)(5)(A) and (D) of the                  a request from Chevron for an IHA to                   numbers of piles to be installed, as well
                                              MMPA (16 U.S.C. 1361 et seq.) direct                    take marine mammals incidental to pile                 as those that will be removed during the
                                              the Secretary of Commerce (as delegated                 driving and pile removal associated                    2018–2022 period are summarized in
                                              to NMFS) to allow, upon request, the                    with the WMEP in San Francisco Bay,                    Table 1.
amozie on DSK3GDR082PROD with NOTICES1




                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                                                                   Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                                        27549




                                                 The combined modifications to Berths                                add four clusters of 13 composite piles                                 piles would also be installed and
                                              1 to 4 would require the installation of                               each (52 total) as markers and protection                               removed during the seismic retrofit of
                                              141 new concrete piles to support new                                  of the new batter (driven at an angle)                                  Berth 4.
                                              and replacement equipment and their                                    piles on the east side of the Berth 4                                     Note that the proposed IHA will only
                                              associated structures. The Berth 4                                     retrofit. The project would remove 106                                  cover pile driving and removal that will
                                              loading platform would add eight, 60-                                  existing timber piles, three existing
                                                                                                                                                                                             occur during the 2018 work season, as
                                              inch diameter steel piles as part of the                               22-inch and two existing 24-inch
                                                                                                                                                                                             provided in Table 2.
                                              seismic retrofit. The project would also                               concrete piles. A total of 12 temporary

                                                                                                  TABLE 2—PILE DRIVING SUMMARY FOR 2018 WORK SEASON
                                                                                                                                                                                                                  Number of     Number of
                                                                                            Pile type                                                                    Pile driver type                           piles      driving days
amozie on DSK3GDR082PROD with NOTICES1




                                              36-inch steel template pile .........................................................................       Vibratory ..........................................             8               2
                                              Concrete pile removal ................................................................................      Vibratory ..........................................             5               1
                                              24-inch concrete ........................................................................................   Impact ..............................................            8               8
                                              14-inch H pile installation (for temporary fenders) ....................................                    Vibratory/Impact * ............................                 36              12
                                              Timber pile removal ...................................................................................     Vibratory ..........................................            53               5
                                                * A vibratory driver will be preferentially used for installation of the temporary H piles. In the event that the pile hits a buried obstruction and
                                                                                                                                                                                                                                               EN13JN18.000</GPH>




                                              can no longer be advanced with a vibratory driver, and impact hammer may be used.



                                         VerDate Sep<11>2014        18:01 Jun 12, 2018       Jkt 244001      PO 00000      Frm 00012       Fmt 4703       Sfmt 4703     E:\FR\FM\13JNN1.SGM            13JNN1


                                              27550                                    Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                                These actions could produce                                        renewals could be issued in certain                                  Comment: The Commission
                                              underwater sound at levels that could                                limited circumstances and expressed                               recommended that NMFS review more
                                              result in the injury or behavioral                                   concern that the process would bypass                             thoroughly both the applications prior
                                              harassment of marine mammal species.                                 the public notice and comment                                     to deeming them complete and its
                                              A detailed description of Chevron’s                                  requirements. The Commission also                                 notices prior to submitting them for
                                              planned project is provided in the                                   suggested that NMFS should discuss the                            publication in the Federal Register and
                                              Federal Register notice for the proposed                             possibility of renewals through a more                            that NMFS better evaluate the proposed
                                              IHA (83 FR 18802; April 30, 2018).                                   general route, such as a rulemaking,                              exclusion/shut-down zones that are to
                                              Since that time, no changes have been                                instead of notice in a specific                                   be implemented for each proposed
                                              made to the planned project activities.                              authorization. The Commission further                             incidental take authorization.
                                              Therefore, a detailed description is not                             recommended that if NMFS did not                                     Response: NMFS thanks the
                                              provided here. Please refer to that                                  pursue a more general route, that the                             Commission for its recommendation.
                                              Federal Register notice for the                                      agency provide the Commission and the                                Comment: The Commission expressed
                                              description of the specific activity.                                public with a legal analysis supporting                           concern about what they assert is the
                                                                                                                   our conclusion that this process is                               lack of adequate time to provide public
                                              Comments and Responses
                                                                                                                   consistent with the requirements of                               comments as well as the abbreviated
                                                 A notice of NMFS’s proposal to issue                              section 101(a)(5)(D) of the MMPA.                                 timeframes during which NMFS is able
                                              an IHA to Chevron was published in the                                  Response: The process of issuing a                             to address public comments. The
                                              Federal Register on April 30, 2018 (83                               renewal IHA does not bypass the public                            Commission recommended that NMFS
                                              FR 18802). That notice described, in                                 notice and comment requirements of the                            ensure that it publishes and finalizes
                                              detail, Chevron’s activity, the marine                               MMPA. The notice of the proposed IHA                              proposed incidental harassment
                                              mammal species that may be affected by                               expressly notifies the public that under                          authorizations sufficiently before the
                                              the activity, the anticipated effects on                             certain, limited conditions an applicant                          planned start date of the proposed
                                              marine mammals and their habitat,                                    could seek a renewal IHA for an                                   activities to ensure full consideration is
                                              proposed amount and manner of take,                                  additional year. The notice describes the                         given to all comments received.
                                              and proposed mitigation, monitoring                                  conditions under which such a renewal                                Response: NMFS provided the
                                              and reporting measures. During the 30-                               request could be considered and                                   required 30-day notice for public
                                              day public comment period, NMFS                                      expressly seeks public comment in the                             comment, and has adequately
                                              received one comment letter from the                                 event such a renewal is sought.                                   considered all public comments
                                              Marine Mammal Commission                                             Importantly, such renewals would be                               received in making the necessary
                                              (Commission); the Commission’s                                       limited to where the activities are                               findings.
                                              recommendations and our responses are                                identical or nearly identical to those
                                              provided here, and the comments have                                 analyzed in the proposed IHA,                                     Description of Marine Mammals in the
                                              been posted online at:                                               monitoring does not indicate impacts                              Area of Specified Activities
                                              www.nmfs.noaa.gov/pr/permits/                                        that were not previously analyzed and                                Sections 3 and 4 of the application
                                              incidental/construction.htm.                                         authorized, and the mitigation and                                summarize available information
                                                 Comment: The Commission                                           monitoring requirements remain the                                regarding status and trends, distribution
                                              commented that the method NMFS used                                  same, all of which allow the public to                            and habitat preferences, and behavior
                                              to estimate the numbers of takes during                              comment on the appropriateness and                                and life history, of the potentially
                                              the proposed activities, which summed                                effects of a renewal at the same time the                         affected species. Additional information
                                              fractions of takes for each species across                           public provides comments on the initial                           regarding population trends and threats
                                              project days, does not account for and                               IHA. NMFS has, however, modified the                              may be found in NMFS’s Stock
                                              negates the intent of NMFS’ 24-hour                                  language for future proposed IHAs to                              Assessment Reports (SAR;
                                              reset policy. The Commission also                                    clarify that all IHAs, including renewal                          www.nmfs.noaa.gov/pr/sars/) and more
                                              recommends that NMFS develop and                                     IHAs, are valid for no more than one                              general information about these species
                                              share guidance on this issue.                                        year and that the agency would consider                           (e.g., physical and behavioral
                                                 Response: NMFS will share the                                     only one renewal for a project at this                            descriptions) may be found on NMFS’s
                                              guidance with the Commission                                         time. In addition, notice of issuance or                          website. We provided a description of
                                              following the completion of internal                                 denial of a renewal IHA would be                                  the specified activity in our Federal
                                              review and looks forward to discussing                               published in the Federal Register, as are                         Register notice announcing the
                                              the issue with them in the future.                                   all IHAs. Last, NMFS will publish on                              proposed authorization (83 FR 18802;
                                                 Comment: The Commission requested                                 our website a description of the renewal                          April 30, 2018). Please refer to that
                                              clarification of certain issues associated                           process before any renewal is issued                              document; we provide only a summary
                                              with NMFS’s notice that one-year                                     utilizing the new process.                                        table here (Table 3).
                                                                        TABLE 3—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF THE PROJECT AREA
                                                                                                                                                                  ESA/
                                                                                                                                                                 MMPA                Stock abundance
                                                                                                                                                                                                                           Annual
                                                      Common name                              Scientific name                           Stock                   status;           (CV, Nmin, most recent      PBR         M/SI 3
                                                                                                                                                                Strategic           abundance survey) 2
                                                                                                                                                                 (Y/N) 1
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                       Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

                                                                                                                                       Family Eschrichtiidae

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




                                         VerDate Sep<11>2014        18:01 Jun 12, 2018        Jkt 244001    PO 00000       Frm 00013    Fmt 4703    Sfmt 4703     E:\FR\FM\13JNN1.SGM        13JNN1


                                                                                     Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                                            27551

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

                                                                                                                                            Family Balaenidae

                                                                                                                                            Family Delphinidae

                                              Bottlenose dolphin ...............      Tursiops truncatus ...............       California Coastal ................     -/-;(N) ........   453 (0.06, 346, 2011) ..........         2.7       ≥2.0

                                                                                                                                   Family Phocoenidae (porpoises)

                                              Harbor porpoise ...................     Phocoena phocoena ............           San Francisco-Russian                   -/-;(N) ........   9,886 (0.51, 6,625, 2011) ....           66             0
                                                                                                                                 River Stock.

                                                                                                                              Order Carnivora—Superfamily Pinnipedia

                                                                                                                          Family Otariidae (eared seals and sea lions)

                                              California sea lion ................    Zalophus californianus .........         Eastern U.S. stock ...............      -/-;(N) ........   296,750 (-, 153,337, 2011) ..       9,200           389
                                              Northern fur seal ..................    Callorhinus ursinus ..............       California stock ....................   -/-;(N) ........   14,050 (-, 7,524, 2013) ........      451            1.8

                                                                                                                                   Family Phocidae (earless seals)

                                              Pacific harbor seal ...............     Phoca vitulina ......................    California stock ....................   -/-;(N) ........   30,968 (-,27,348, 2012) .......     1,641           43
                                              Northern elephant seal ........         Mirounga angustirostris .......          California Breeding stock ....          -/-;(N) ........   179,000 (-, 81,368, 2010) ....      4,882           8.8
                                                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 of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore
                                              multiplied by some correction factor derived from knowledge of the species’ (or similar species’) life history to arrive at a best abundance estimate; therefore, there is
                                              no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore.
                                                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.



                                                 Note that while humpback whales                                      than two years old, with evidence of                                     or anthropogenic sound may experience
                                              and Guadalupe fur seals have been                                       malnutrition (NMFS 2017c). In the rare                                   physical and behavioral effects, ranging
                                              observed in the Bay, their typical                                      event that a Guadalupe fur seal is                                       in magnitude from none to severe
                                              temporal and/or spatial occurrence is                                   detected within the Level A or Level B                                   (Southall et al., 2007). In general,
                                              such that take is not expected to occur,                                harassment zones, work will cease until                                  exposure to pile driving noise has the
                                              and they are not discussed further                                      the animal has left the area.                                            potential to result in auditory threshold
                                              beyond the explanation provided here.                                                                                                            shifts (permanent threshold shift (PTS)
                                                 Humpback whales are rare, though                                     Potential Effects of Specified Activities
                                                                                                                                                                                               and temporary threshold shift (TTS))
                                              well-publicized, visitors to the interior                               on Marine Mammals and Their Habitat
                                                                                                                                                                                               and behavioral reactions (e.g.,
                                              of San Francisco Bay. A humpback                                           We provided a description of the                                      avoidance, temporary cessation of
                                              whale journeyed through the Bay and                                     anticipated effects of the specified                                     foraging and vocalizing, changes in dive
                                              up the Sacramento River in 1985 and re-                                 activity on marine mammals in our                                        behavior). No new permanent impacts
                                              entered the Bay in the fall of 1990,                                    Federal Register notice announcing the                                   to habitats used by marine mammals
                                              stranding on mudflats near Candlestick                                  proposed authorization (83 FR 18802;                                     would result from the project. Some
                                              Park (Fimrite 2005). In May 2007, a                                     April 30, 2018). Please refer to that                                    short-term impacts to prey availability
                                              humpback whale mother and calf spent                                    document for our detailed analysis; we                                   (e.g., fish) and minor impacts to the
                                              just over two weeks in San Francisco                                    provide only summary information                                         immediate substrate may occur as a
                                              Bay and the Sacramento River before                                     here.                                                                    result of increased turbidity from pile
                                              finding their way back out to sea.                                         The introduction of anthropogenic                                     installation and removal but the effects
                                              Although it is possible that a humpback                                 noise into the aquatic environment from                                  are expected to be temporary and
                                              whale will enter the Bay and find its                                   pile driving and removal is the primary                                  minimal.
                                              way into the project area during                                        means by which marine mammals may
                                              construction activities, their occurrence                               be harassed from Chevron’s specified                                     Estimated Take
                                              is unlikely. Guadalupe fur seals                                        activity. The effects of pile driving noise                                This section provides an estimate of
                                              occasionally range into the waters of                                   on marine mammals are dependent on                                       the number of incidental takes
                                              Northern California and the Pacific                                     several factors, including, but not                                      authorized through this IHA, which will
                                              Northwest. The Farallon Islands (off                                    limited to, sound type (e.g., impulsive                                  inform both NMFS’ consideration of
                                              central California) and Channel Islands                                 vs. non-impulsive), the species, age and                                 small numbers and the negligible
amozie on DSK3GDR082PROD with NOTICES1




                                              (off southern California) are used as                                   sex class (e.g., adult male vs. mom with                                 impact determination.
                                              haulouts during these movements                                         calf), duration of exposure, the distance                                  Harassment is the only type of take
                                              (Simon 2016). Juvenile Guadalupe fur                                    between the pile and the animal,                                         expected to result from these activities.
                                              seals occasionally strand in the vicinity                               received levels, behavior at time of                                     Except with respect to certain activities
                                              of San Francisco, especially during El                                  exposure, and previous history with                                      not pertinent here, section 3(18) of the
                                              Niño events. Most strandings along the                                 exposure (Southall et al., 2007, Wartzok                                 MMPA defines ‘‘harassment’’ as any act
                                              California coast are animals younger                                    et al., 2004). Animals exposed to natural                                of pursuit, torment, or annoyance which


                                         VerDate Sep<11>2014       18:01 Jun 12, 2018        Jkt 244001      PO 00000         Frm 00014      Fmt 4703      Sfmt 4703      E:\FR\FM\13JNN1.SGM           13JNN1


                                              27552                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              (i) has the potential to injure a marine                occurrence of marine mammals within                    received levels of 120 decibel (dB) re 1
                                              mammal or marine mammal stock in the                    these ensonified areas; and, (4) and the               micro pascal (mPa) root mean square
                                              wild (Level A harassment); or (ii) has                  number of days of activities. Below, we                (rms) for continuous (e.g. vibratory pile-
                                              the potential to disturb a marine                       describe these components in more                      driving, drilling) and above 160 dB re 1
                                              mammal or marine mammal stock in the                    detail and present the authorized take                 mPa (rms) for non-explosive impulsive
                                              wild by causing disruption of behavioral                estimate.                                              (e.g., seismic airguns) or intermittent
                                              patterns, including, but not limited to,                                                                       (e.g., scientific sonar) sources. For in-air
                                                                                                      Acoustic Thresholds
                                              migration, breathing, nursing, breeding,                                                                       sounds, NMFS predicts that pinnipeds
                                              feeding, or sheltering (Level B                           Using the best available science,                    exposed above received levels of 100 dB
                                              harassment).                                            NMFS has developed acoustic                            re 20 mPa (rms) and harbor seals
                                                 Authorized takes would primarily be                  thresholds that identify the received                  exposed above 90 dB re 20 mPa (rms)
                                              by Level B harassment, as use of the                    level of underwater sound above which                  will be behaviorally harassed.
                                              acoustic source (i.e., pile driving) has                exposed marine mammals would be                           Chevron’s planned activity includes
                                              the potential to result in disruption of                reasonably expected to be behaviorally                 the use of continuous (vibratory driving)
                                              behavioral patterns for individual                      harassed (equated to Level B                           and impulsive (impact driving) sources,
                                              marine mammals. There is also some                      harassment) or to incur PTS of some                    and therefore the 120 and160 dB re 1
                                              potential for auditory injury (Level A                  degree (equated to Level A harassment).                mPa (rms) are applicable.
                                                                                                        Level B Harassment for non-explosive
                                              harassment) to result, primarily for high                                                                         Level A harassment for non-explosive
                                                                                                      sources—Though significantly driven by
                                              frequency species and a single phocid                                                                          sources—NMFS’ Technical Guidance
                                                                                                      received level, the onset of behavioral
                                              species due to larger predicted auditory                                                                       for Assessing the Effects of
                                                                                                      disturbance from anthropogenic noise
                                              injury zones. Auditory injury is unlikely                                                                      Anthropogenic Sound on Marine
                                                                                                      exposure is also informed to varying
                                              to occur for low-frequency, mid-                                                                               Mammal Hearing (Technical Guidance,
                                                                                                      degrees by other factors related to the
                                              frequency species, or pinniped groups,                                                                         2016) identifies dual criteria to assess
                                                                                                      source (e.g., frequency, predictability,
                                              with the exception of harbor seals. The                                                                        auditory injury (Level A harassment) to
                                                                                                      duty cycle), the environment (e.g.,
                                              mitigation and monitoring measures are                                                                         five different marine mammal groups
                                                                                                      bathymetry), and the receiving animals
                                              expected to minimize the severity of                                                                           (based on hearing sensitivity) as a result
                                                                                                      (hearing, motivation, experience,
                                              such taking to the extent practicable.                                                                         of exposure to noise from two different
                                                                                                      demography, behavioral context) and
                                                 As described previously, no mortality                can be difficult to predict (Southall et               types of sources (impulsive or non-
                                              is anticipated or authorized for this                   al., 2007, Ellison et al., 2012). Based on             impulsive). The applicant’s planned
                                              activity. Below we describe how the                     what the available science indicates and               activity includes the use of impulsive
                                              take is estimated.                                      the practical need to use a threshold                  (impact driving) and non-impulsive
                                                 Described in the most basic way, we                  based on a factor that is both predictable             (vibratory driving) sources.
                                              estimate take by considering: (1)                       and measurable for most activities,                       These thresholds are provided in
                                              Acoustic thresholds above which NMFS                    NMFS uses a generalized acoustic                       Table 4. The references, analysis, and
                                              believes the best available science                     threshold based on received level to                   methodology used in the development
                                              indicates marine mammals will be                        estimate the onset of behavioral                       of the thresholds are described in NMFS
                                              behaviorally harassed or incur some                     harassment. NMFS predicts that marine                  2016 Technical Guidance, which may
                                              degree of permanent hearing                             mammals are likely to be behaviorally                  be accessed at: http://
                                              impairment; (2) the area or volume of                   harassed in a manner we consider Level                 www.nmfs.noaa.gov/pr/acoustics/
                                              water that will be ensonified above                     B harassment when exposed to                           guidelines.htm.
                                              these levels in a day; (3) the density or               underwater anthropogenic noise above                   BILLING CODE 3510–22–P
amozie on DSK3GDR082PROD with NOTICES1




                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                                                           Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                27553




                                              BILLING CODE 3510–22–C                                  water chemistry, and bottom                            TL is the transmission loss in dB,
                                              Ensonified Area                                         composition and topography. A                          R1 is the distance of the modeled SPL from
                                                                                                      standard sound propagation model, the                       the driven pile, and
                                                 Here, we describe operational and                    Practical Spreading Loss model, was                    R2 is the distance from the driven pile of the
                                              environmental parameters of the activity                used to estimate the range from pile                        initial measurement.
                                              that will feed into identifying the area                driving activity to various expected
                                              ensonified above the acoustic                                                                                    The degree to which underwater noise
                                                                                                      SPLs at potential project structures. This
                                              thresholds.                                                                                                    propagates away from a noise source is
                                                                                                      model follows a geometric propagation
                                                                                                                                                             dependent on a variety of factors, most
                                                 Pile driving will generate underwater                loss based on the distance from the
                                                                                                                                                             notably by the water bathymetry and
                                              noise that potentially could result in                  driven pile, resulting in a 4.5 dB
                                                                                                                                                             presence or absence of reflective or
                                              disturbance to marine mammals                           reduction in level for each doubling of
                                                                                                                                                             absorptive conditions including the sea
                                              swimming by the project area.                           distance from the source. In this model,
                                              Transmission loss (TL) underwater is                                                                           surface and sediment type. The TL
                                                                                                      the SPL at some distance away from the
amozie on DSK3GDR082PROD with NOTICES1




                                              the decrease in acoustic intensity as an                source (e.g., driven pile) is governed by              model described above was used to
                                              acoustic pressure wave propagates out                   a measured source level, minus the TL                  calculate the expected noise
                                              from a source until the source becomes                  of the energy as it dissipates with                    propagation from both impact and
                                              indistinguishable from ambient sound.                   distance. The TL equation is:                          vibratory pile driving, using
                                              TL parameters vary with frequency,                                                                             representative source levels to estimate
                                                                                                      TL = 15log10(R1/R2)                                    the zone of influence (ZOI) or area
                                              temperature, sea conditions, current,
                                              source and receiver depth, water depth,                                                                        exceeding specified noise criteria.
                                                                                                                                                                                                              EN13JN18.001</GPH>




                                                                                                      Where:



                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                              27554                               Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              Source Levels                                                        exceeded the Level B 160 dB RMS                                    was approximately 169 dB at a 10 meter
                                                 Sound source levels from the Chevron                              threshold over a distance of 631 meters.                           (33ft) distance. These temporary piles
                                              site were not available. Therefore,                                     During construction, temporary                                  would require a drive time per pile of
                                              literature values published for projects                             fendering would be installed at Berth 2                            approximately 10 minutes. Up to four
                                              similar to the Chevron project were used                             which will be supported by 36 steel 14-                            (4) of these piles could be installed in
                                              to estimate source levels that could                                 inch steel H piles. It is estimated that                           any single workday for a total of 40
                                              potentially be produced. Results are                                 each pile could be driven in five (5)                              minutes.
                                              shown in Table 5.                                                    minutes. Two (2) to four (4) piles would                             The most applicable source values for
                                                 Modifications at the four berths                                  be installed in any single workday for a                           wooden pile removal were derived from
                                              require the placement of new 24-inch                                 total of approximately 12 days of                                  measurements taken at the Port
                                              diameter square concrete piles.                                      installation. For the purposes of                                  Townsend dolphin pile removal in
                                              Approximately one to two of these piles                              calculating the distance to Level A
                                                                                                                                                                                      Washington. During vibratory pile
                                              would be installed in one workday,                                   thresholds, four piles per day is
                                                                                                                                                                                      extraction associated with this project,
                                              using impact driving methods. Based on                               assumed. The piles would be removed
                                                                                                                                                                                      which occurred under similar
                                              measured blow counts for 24-inch                                     after the permanent fenders are in place.
                                                                                                                                                                                      circumstances, measured peak noise
                                              concrete piles driven at the Long Wharf                              A vibratory hammer would be used to
                                                                                                                                                                                      levels were approximately 164 dB, and
                                              Berth 4 in 2011, installation for each                               vibrate the piles to facilitate pulling
                                                                                                                                                                                      the RMS was approximately 150 dB
                                              pile could require up to approximately                               them from the mud. The best match for
                                                                                                                                                                                      (WSDOT 2011). Applicable sound
                                              300 blows and 1.5 second per blow                                    estimated source levels is the Port of
                                                                                                                                                                                      values for the removal of concrete piles
                                              average over a duration of                                           Anchorage pile driving test project.
                                                                                                                                                                                      could not be located, but they are
                                              approximately 20 minutes per pile, with                              During vibratory pile driving associated
                                                                                                                                                                                      expected to be similar to the levels
                                              40 minutes of pile driving time per day                              with the Anchorage project, peak noise
                                                                                                                   levels ranged from 165 to 175 dB, and                              produced by wooden piles described
                                              if two piles are installed. To estimate
                                                                                                                   the RMS ranged between 152 and 168                                 above, as they are similarly sized, non-
                                              the noise effects of the 24-inch square
                                                                                                                   dB, both measured at approximately 15                              metallic, and will be removed using the
                                              concrete piles, the general values
                                                                                                                   meters (50 ft) (Caltrans 2015a).                                   same methods.
                                              provided by Caltrans (2015a) are shown
                                              in Table 5.                                                             The source levels for vibratory                                   During construction, 106 16-inch
                                                 To estimate the noise effects of impact                           installation of 36-inch temporary steel                            timber piles, and seven 18 to 24-inch
                                              driving of 14-inch steel H piles, the                                piles were from the Explosive Handling                             square concrete piles would be
                                              values provided by Caltrans were also                                Wharf–2 (EHW–2) project located at the                             removed. Up to twelve of these piles
                                              utilized. These source values are 208 dB                             Naval Base Kitsap in Bangor,                                       could be extracted in one workday.
                                              peak, 187 rms, and 177 dB SEL (single                                Washington as stated in Caltrans                                   Extraction time needed for each pile
                                              strike). Based on these levels, impact                               (2015a). During vibratory pile driving                             may vary greatly, but could require
                                              driving of the 14-inch steel H piles is                              measured peak noise levels were                                    approximately 400 seconds
                                              expected to produce underwater sound                                 approximately 180 dB, and the RMS                                  (approximately 7 minutes).

                                              TABLE 5—THE SOUND LEVELS (dB PEAK, dB RMS, AND dB SSEL) EXPECTED TO BE GENERATED BY EACH HAMMER AND
                                                                                           PILE TYPE
                                                                                                                                                                                                                     Estimated
                                                                                                                                                                                      Estimated      Estimated      single strike
                                                                                                                                                                                       pressure       pressure
                                                                                Type of pile                                                       Hammer type                                                         sound
                                                                                                                                                                                         level          level      exposure level
                                                                                                                                                                                      (dB peak)      (dB RMS)        (dB SEL)

                                              24-inch sq. concrete ................................................................    Impact .....................................          188            176                      166
                                              14-inch Temporary steel H-pile ...............................................           Impact .....................................          208           1 187                     177
                                              14-inch Temporary steel H-pile ...............................................           Vibratory .................................           180           2 168   ........................
                                              36-inch Steel Pipe ...................................................................   Vibratory .................................           180            169    ........................
                                              Wood and concrete pile extraction ..........................................             Vibratory .................................           164           3 150   ........................
                                                 1 SLwas based on an assumed 10–dB difference between the SELs-s and SPLrms SLs. The SPLrmsSL was not reported in Caltrans.
                                                 2 Measured at 14 m.
                                                 3 Measured at 16 m.




                                                When NMFS Technical Guidance                                       typically going to be overestimates of                             activity, it would not incur PTS. Inputs
                                              (2016) was published, in recognition of                              some degree, which will result in some                             used in the User Spreadsheet, and the
                                              the fact that ensonified area/volume                                 degree of overestimate of Level A take.                            resulting isopleths are reported below.
                                              could be more technically challenging                                However, these tools offer the best way                               Table 6 shows the inputs that were
                                              to predict because of the duration                                   to predict appropriate isopleths when                              used in the User Spreadsheet to
                                              component in the new thresholds,                                     more sophisticated 3D modeling                                     determine cumulative PTS Thresholds.
                                              NMFS developed a User Spreadsheet                                    methods are not available, and NMFS
                                                                                                                                                                                      Table 7 shows the Level A Isopleths as
                                              that includes tools to help predict a                                continues to develop ways to
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                                      determined utilizing inputs from Table
                                              simple isopleth that can be used in                                  quantitatively refine these tools, and
                                                                                                                                                                                      6. Level B isopleths for impact and
                                              conjunction with marine mammal                                       will qualitatively address the output
                                                                                                                                                                                      vibratory driving and extraction are
                                              density or occurrence to help predict                                where appropriate. For stationary
                                              takes. We note that because of some of                               sources NMFS User Spreadsheet                                      shown in Table 8.
                                              the assumptions included in the                                      predicts the closest distance at which, if
                                              methods used for these tools, we                                     a marine mammal remained at that
                                              anticipate that isopleths produced are                               distance the whole duration of the


                                         VerDate Sep<11>2014       18:01 Jun 12, 2018       Jkt 244001     PO 00000      Frm 00017      Fmt 4703      Sfmt 4703      E:\FR\FM\13JNN1.SGM    13JNN1


                                                                                      Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                                                                                 27555

                                                                                                                         TABLE 6—INPUTS FOR USER SPREADSHEET
                                                                                                                                                                                        A: Stationary source:                A: Stationary source:               A: Stationary source:
                                                                                                            E.1: Impact pile driv-                E.1: Impact pile driv-                         non-                                 non-                                non-
                                                           Spreadsheet tab used                            ing (stationary source:               ing (stationary source:                     impulsive,                           impulsive,                          impulsive,
                                                                                                           impulsive, intermittent)              impulsive, intermittent)                    continuous                           continuous                          continuous

                                              Pile Type and Hammer Type ...................                24-inch sq. concrete                  14-inch Steel H-pile ...              14-inch Steel H-pile ...             36-in steel ..................       Wood concrete pile
                                                                                                             piles.                                                                                                                                                extraction.
                                              Source Level .............................................   166 (Single strike/shot               177 (Single strike/shot               168 RMS ...................          169 RMS ...................          150 RMS.
                                                                                                             SEL).                                 SEL).
                                              Weighting Factor Adjustment (kHz) ..........                 2 .................................   2 .................................   2.5 ..............................   2.5 ..............................   2.5.
                                              Number of strikes in 1 h OR number of                        300 .............................     200 .............................     NA ..............................    NA ..............................    NA.
                                                strikes per pile.
                                              Activity Duration (h) within 24-h period                     2 piles ........................      4 piles ........................      0.333 ..........................     0.6667 ........................      1.333.
                                                OR number of piles per day.
                                              Propagation (xLogR) .................................        15 ...............................    15 ...............................    15 ...............................   15 ...............................   15.
                                              Distance of source level measurement                         10 ...............................    10 ...............................    14 ...............................   10 ...............................   16.
                                                (meters).


                                                                        TABLE 7—RADIAL DISTANCES TO LEVEL A ISOPLETH DURING IMPACT AND VIBRATORY DRIVING
                                                                                                                                                                                                     Distance in meters (feet)

                                                            Project element requiring pile installation                                                                                                              High-
                                                                                                                                                  Low-frequency                  Mid-frequency                                                   Phocid                      Otariid
                                                                                                                                                                                                                  frequency
                                                                                                                                                    cetaceans                     cetaceans                                                     pinnipeds                  pinnipeds
                                                                                                                                                                                                                  cetaceans

                                                                                                                                                        Impact Driving

                                              24-inch square concrete (1–2 per day) ...............................                                       52 (171)                             2 (6)                  62 (204)                        28 (92)                     2 (7)
                                              14-inch steel H pile (4 per day ............................................                              343 (1,124)                          12 (40)                408 (1,339)                     183 (602)                   13 (44)

                                                                                                                                            Vibratory Driving/Extraction

                                              14-inch steel H pile (4 per day) ...........................................                                     13 (46)                          1 (3)                       20 (66)                       8 (26)                   1 (3)
                                              36-inch steel pipe pile (4 per day) .......................................                                      18 (58)                          2 (6)                       26 (86)                      11 (35)                   1 (2)
                                              Wood and concrete pile extraction (12 per day) .................                                                   2 (5)                         <1 (3)                        4 (13)                        2 (6)                  <1 (3)


                                                                      TABLE 8—RADIAL DISTANCES TO LEVEL B ISOPLETHS DURING IMPACT AND VIBRATORY DRIVING
                                                                                                                                                                                                                                                                        Distance to
                                                                                                                                                                                                                                                                        threshold in
                                                                                                                                           Pile type                                                                                                                       meters
                                                                                                                                                                                                                                                                           (feet)

                                                                                                                                       Impact Driving (160 dB threshold)

                                              24-inch square concrete ..............................................................................................................................................................                                         117 (382)
                                              14-inch steel H pile ......................................................................................................................................................................                                   631 (2,070)

                                                                                                                          Vibratory Driving/Extraction (120 dB threshold)

                                              14-inch steel H pile ......................................................................................................................................................................                               22,188 (72,795)
                                              36-inch steel pipe pile ..................................................................................................................................................................                                18,478 (60,609)
                                              Wood and concrete pile extraction ..............................................................................................................................................                                            1,600 (5,249)



                                              Marine Mammal Occurrence                                                       al. 2002). The pupping season is from                                                 harbor seals can stay onshore resting for
                                                                                                                             March to June in San Francisco Bay.                                                   an average of 12 hours per day during
                                                In this section we provide the
                                                                                                                             During the molting season (typically                                                  the molt compared to around 7 hours
                                              information about the presence, density,
                                                                                                                             June-July and coincides with the period                                               per day outside of the pupping/molting
                                              or group dynamics of marine mammals
                                                                                                                             when piles will be driven) as many as                                                 seasons (NPS 2014). Tidal stage is a
                                              that will inform the take calculations.
                                                                                                                             approximately 130 harbor seals on                                                     major controlling factor of haulout usage
                                                San Francisco Bay has five known                                             average have been observed using Castro                                               at Castro Rocks with more seals present
                                              harbor seal haulout sites that include
                                                                                                                             Rocks as a haulout. Harbor seals are                                                  during low tides than high tide periods
                                              Alcatraz Island, Castro Rocks, Yerba
                                                                                                                             more likely to be hauled out in the late                                              since it is completely underwater at
                                              Buena Island, Newark Slough, and
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                             afternoon and evening, and are more                                                   high tide twice per day (Green et al.
                                              Mowry Slough. Yerba Buena Island,
                                              Alcatraz and Castro Rocks are within or                                        likely to be in the water during the                                                  2002). Additionally, the number of seals
                                              near the areas within ensonified Level B                                       morning and early afternoon (Green et                                                 hauled out at Castro Rocks also varies
                                              zones. Castro Rocks is the largest harbor                                      al. 2002). However, during the molting                                                with the time of day, with
                                              seal haulout site in the northern part of                                      season, harbor seals spend more time                                                  proportionally more animals hauled out
                                              San Francisco Bay and is the second                                            hauled out and tend to enter the water                                                during the nighttime hours (Green et al.
                                              largest pupping site in the Bay (Green et                                      later in the evening. During molting,                                                 2002). Therefore, the number of harbor


                                         VerDate Sep<11>2014          18:01 Jun 12, 2018         Jkt 244001        PO 00000          Frm 00018          Fmt 4703         Sfmt 4703        E:\FR\FM\13JNN1.SGM                 13JNN1


                                              27556                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              seals in the water around Castro Rocks                  would have to swim through the open                      Gray whales occasionally enter the
                                              will vary throughout the work period.                   Bay. Both scenarios are possible, but                  Bay during their northward migration
                                              However, it is likely that all seals                    would represent uncommon behavior.                     period, and are most often sighted in the
                                              hauled out at the site will be exposed to               Based on monitoring conducted for the                  Bay between February and May. Most
                                              project related underwater noise at some                SFOBB project, between 2000–2017 an                    venture only about 2 to 3 km (about 1–
                                              point each day. The number of harbor                    in-water density of 0.031 animals per                  2 mi) past the Golden Gate, but gray
                                              seals located at Castro Rocks is based on               km2 estimated by Caltrans for this                     whales have occasionally been sighted
                                              the highest mean plus the standard error                species. However, porpoise occurrence                  as far north as San Pablo Bay. Pile
                                              of harbor seals observed at Castro Rocks                increased significantly in 2017 resulting              driving is not expected to occur during
                                              during recent annual surveys conducted                  in a 2017 only density of 0.167 animals                this time, and gray whales are not likely
                                              by the National Park Service (NPS)                      per km2 (Caltrans 2018).                               to be present at other times of year.
                                              (Codde, S. and S. Allen. 2013, 2015, and                   Small numbers of northern elephant
                                              2017), resulting in a value of 176 seals.                                                                      Take Calculation and Estimation
                                                                                                      seals haul out or strand on coastline
                                              The same NPS survey determined that                     within the Central Bay. Monitoring of                    Here we describe how the information
                                              harbor seal population in the Central                   marine mammals in the vicinity of the                  provided above is brought together to
                                              Bay at Alcatraz and Yerba Buena Island                  SFOBB has been ongoing for 15 years;                   produce a quantitative take estimate.
                                              is approximately 167 seals (Codde, S.                   from those data, Caltrans has produced                   The following assumptions are made
                                              and S. Allen. 2013, 2015, and 2017).                    an estimated at-sea density for northern               when estimating potential incidences of
                                                 California sea lions haul out primarily              elephant seal of 0.06 animal per km2                   take:
                                              on floating docks at Pier 39 in the                     (Caltrans, 2015b). Most sightings of                     • All marine mammal individuals
                                              Fisherman’s Wharf area of the San                       northern elephant seal in San Francisco                potentially available are assumed to be
                                              Francisco Marina, approximately 12.5                    Bay occur in spring or early summer,                   present within the relevant area, and
                                              kilometer (km) (7.8 miles (mi))                         and are less likely to occur during the                thus incidentally taken;
                                              southwest of the project area. Based on                                                                          • An individual can only be taken
                                                                                                      periods of in-water work for this project.
                                              counts done in 1997 and 1998, the                                                                              once during a 24-h period;
                                                                                                      As a result, densities during pile driving               • Exposures to sound levels at or
                                              number of California sea lions that haul                for the planned action would be much
                                              out at Pier 39 fluctuates with the highest                                                                     above the relevant thresholds equate to
                                                                                                      lower.                                                 take, as defined by the MMPA.
                                              occurrences in August and the lowest in
                                                                                                         The incidence of northern fur seal in                 Limited density data is available for
                                              June. In addition to the Pier 39 haulout,
                                                                                                      San Francisco Bay depends largely on                   marine mammal species in San
                                              California sea lions haul out on buoys
                                                                                                      oceanic conditions, with animals more                  Francisco Bay. Estimates here are
                                              and similar structures throughout the
                                                                                                      likely to strand during El Niño events.               determined using data taken during
                                              Bay. They are seen swimming off
                                                                                                      The likelihood of El Niño conditions                  marine mammal monitoring associated
                                              mainly the San Francisco and Marin
                                                                                                      occurring in 2018 is currently low, with               with RSRB retrofit project, the San
                                              shorelines within the Bay but may
                                                                                                      La Niña or neutral conditions expected                Francisco-Oakland Bay Bridge
                                              occasionally enter the project area to
                                              forage. Over the monitoring period for                  to develop (NOAA, 2018).                               replacement project, and other marine
                                              the Richmond-San Rafael Bridge RSRB,                       The range of the bottlenose dolphin                 mammal observations for San Francisco
                                              monitors sighted at least 90 California                 has expanded northward along the                       Bay. For Pacific harbor seal, data was
                                              sea lions in the North Bay and at least                 Pacific Coast since the 1982–1983 El                   also derived from recent annual surveys
                                              57 in the Central Bay (Caltrans 2012).                  Niño (Carretta et al. 2013, Wells and                 of haulouts in the Bay conducted by the
                                              During monitoring for the San                           Baldridge 1990). They now occur as far                 National Park Service (Codde, S. and S.
                                              Francisco-Oakland Bay Bridge (SFOBB)                    north as the San Francisco Bay region                  Allen. 2013, 2015, and 2017).
                                              Project in the central Bay, 69 California               and have been observed along the coast
                                                                                                      in Half Moon Bay, San Mateo, Ocean                     Pacific Harbor Seal
                                              sea lions were observed in the vicinity
                                              of the bridge over a 17-year period from                Beach in San Francisco, and Rodeo                        As noted above, take estimates are
                                              2000–2017 (Caltrans 2018), and from                     Beach in Marin County. Observations                    based on the highest mean plus the
                                              these observations, an estimated density                indicate that bottlenose dolphin                       standard error of harbor seals observed
                                              of 0.161 animals per square kilometer                   occasionally enter San Francisco Bay,                  by NPS at Castro Rocks which equals
                                              (km2) is derived (Caltrans 2018).                       sometimes foraging for fish in Fort Point              176 animals (Codde, S. and S. Allen.
                                                 A small but growing population of                    Cove, just east of the Golden Gate Bridge              2013, 2015, and 2017). Castro Rocks is
                                              harbor porpoises utilizes San Francisco                 (Golden Gate Cetacean Research 2014).                  inundated with water twice/day during
                                              Bay. Harbor porpoises are typically                     Transient individuals of this species                  the high tides. So during every work day
                                              spotted in the vicinity of Angel Island                 occasionally enter San Francisco Bay,                  (7 a.m. to 7 p.m.) the entire haulout will
                                              and the Golden Gate (6 and 12 km                        but observations indicate that they                    be in the water twice per day. Of these
                                              southwest respectively) with lesser                     usually remain in proximity to the                     176 seals, the proportion that may enter
                                              numbers sighted in the vicinity of                      Golden Gate near the mouth of the Bay.                 the areas over which the Level B
                                              Alcatraz and around Treasure Island                     Beginning in 2015, two individuals have                harassment thresholds may be exceeded
                                              (Keener 2011). Porpoises but may utilize                been observed frequently in the vicinity               are estimated as follows:
                                              other areas in the Central Bay in low                   of Oyster Point, located south of San                    • Impact driving of 24-inch concrete
                                              numbers, including the planned project                  Francisco (GGCR, 2018; Perlman, 2017).                 piles at all Berths: It is assumed that 10
                                              area. However, harbor porpoise are                      Bottlenose dolphins are being observed                 percent of the animals that enter the
                                              naturally inclined to remain near the                   in San Francisco bay more frequently in                water from Castro Rocks will enter the
amozie on DSK3GDR082PROD with NOTICES1




                                              shoreline areas and downstream of large                 recent years. Groups with an average                   small Level B zones associated with this
                                              landmasses as they are constantly                       size of five animals have been observed                pile type as shown in Figure 6–1 in the
                                              foraging. For this reason, the project                  entering the Bay in the vicinity of Yerba              application. Thus, it is estimated that up
                                              area would present a less than likely                   Buena Island at a rate of once per week.               to 17.6 individuals per day could be
                                              area to observe harbor porpoise as they                 They usually are observed over two                     exposed (176/10 = 17.6) by entering the
                                              would either need to traverse the                       week spans and then depart for an                      Level B harassment zone to the south of
                                              perimeter of the Bay to arrive there, or                extended period of time (NMFS, 2017).                  Castro Rocks;


                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                                                                     Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                                                  27557

                                                 • Impact driving of 14-inch steel H                                     encompass Castro Rocks, therefore it is                                    population for the Central Bay of 167
                                              piles: Impact driving would only occur                                     assumed that all of the estimated 176                                      harbor seals was established based on
                                              in the event that a pile encounters an                                     animals in the water, could be exposed                                     other Central Bay haulouts at Alcatraz
                                              obstruction such as an old timber pile                                     when these piles are being driven at                                       and Yerba Buena Island. The area of the
                                              beneath the mud line, which is unlikely                                    Berth 4;                                                                   Central Bay (bound by the Golden Gate,
                                              to occur. These piles will be                                                • Vibratory driving/extraction of the                                    Richmond Bridge, SFOBB, and
                                              preferentially driven with a vibratory                                     14-inch H piles at Berth 2: Isopleths for                                  adjoining coastline) is approximately
                                              driver. Therefore, Level B take for this                                   this vibratory driving encompass Castro                                    134 km2, resulting in a harbor seal
                                              activity is based on installation using                                    Rocks, therefore is assumed that all of                                    density of 1.25 animals per km2. The
                                              vibratory driver. Level A take is based                                    the 176 animals in the water could be                                      population that hauls out at Castro
                                              on installation using impact driving. For                                  exposed when this activity is being                                        Rocks is not included in this density
                                              the purposes of calculating Level A take,                                  conducted at Berth 2; and                                                  estimate because of the proximity of the
                                              as a proportion of Level B take, it is                                       • Vibratory removal of timber and
                                                                                                                         concrete piles at Berths 1, 2 and 4:                                       haulout site to the project and potential
                                              assumed that approximately 25 percent                                                                                                                 take of those harbor seals has been
                                              of the 176 harbor seals using Castro                                       Isopleths for this vibratory removal
                                                                                                                         encompass Castro Rocks, therefore it is                                    estimated separately using the methods
                                              Rocks could approach and be subject to                                                                                                                described above. The estimated take
                                                                                                                         assumed that all of the estimated 176
                                              Level B harassment due to the limited                                                                                                                 based on the Central Bay density is
                                                                                                                         animals in the water could be exposed
                                              amount of time impact driving is                                                                                                                      added to the take estimated for the
                                                                                                                         during these activities.
                                              expected to occur as well as the size and                                    In order to account for other                                            Castro Rocks population, as provided in
                                              location of the Level B isopleth (Figure                                   individuals that may be foraging in the                                    Table 9 below. Also provided in Table
                                              6–2 in application). Therefore, it is                                      more distant part of the Level B                                           9 is the estimated Level A take for
                                              assumed that up to 44 individuals per                                      harassment zone, additional take of                                        impact driving of the steel 14-inch H
                                              day could be exposed when this activity                                    harbor seal has been estimated based on                                    piles, which has been estimated by
                                              is being conducted;                                                        other harbor seal populations in the                                       taking Level B take and multiplying it
                                                 • Vibratory driving and removal of                                      Central Bay. Using the same data set                                       by the ratio of the Level A zone area to
                                              the 36-inch steel pipe piles at Berth 4:                                   (Codde, S. and S. Allen. 2013, 2015, and                                   the Level B zone area. Level A take is
                                              Isopleths for this vibratory driving                                       2017) that was used for Castro Rocks, a                                    not requested for vibratory driving.

                                                                        TABLE 9—DAILY LEVEL A AND LEVEL B HARASSMENT ESTIMATE FOR PACIFIC HARBOR SEAL
                                                                                                                                               Level A                             Estimated Level B take per day                          Estimated
                                                                                                                                             zone, minus
                                                                                                                  Level B zone                                                                                                            Level A take
                                                                      Pile type                                                               exclusion
                                                                                                                     (km2)                                             Central     bay 1                                  Harbor seal—     per day—
                                                                                                                                                zone                                            Project vicinity
                                                                                                                                                                      (1.25 per km2)                                          total          total
                                                                                                                                                (km2)

                                                                                                                                               Vibratory Driving

                                              14-inch steel H pile ..................................                        190.55                          NA                   238.39                         176            414.39              NA
                                              36-inch steel pile ......................................                      176.44                          NA                   220.55                         176            396.55              NA
                                              Timber/Concrete Pile Removal ................                                    7.14                          NA                     8.92                         176            184.92              NA

                                                                                                                                                 Impact Driving

                                              14-inch steel H pile ..................................                            1.36                      0.10                      * 1.7                      * 44              45.7             3.36
                                              24-inch concrete pile ................................                             0.04                         0                      0.05                       17.6             17.65                0
                                                * Only displayed to provide the calculation of Level A take. Level B take authorized for vibratory driving would cover any Level B take from oc-
                                              casional impact driving.


                                                For impact pile driving of the 14-inch                                   (smaller than the Level A Zone) for this                                   California Sea Lion
                                              steel H piles, the PTS Zone is large                                       species would be established, but
                                              enough to warrant a smaller exclusion                                      individuals that place themselves in the                                     The estimated California seal lion
                                              zone and the authorization of some                                         Level A zone but outside of the shut-                                      density of 0.16 animals per km2
                                              Level A harassment for harbor seal so                                      down zone may experience Level A                                           previously described was used to
                                              that pile driving can be completed on                                      harassment, if they reside in that area                                    calculate potential Level B exposures as
                                              schedule. A 35 meter shutdown zone                                         for a long enough duration.                                                shown in Table 10.

                                                                          TABLE 10—DAILY LEVEL B HARASSMENT EXPOSURE ESTIMATE FOR CALIFORNIA SEA LION
                                                                                                                                                                                                                                          Level B take
                                                                                                                                                                                                                                            estimate
                                                                                                                                                                                                                          Level B zone     (based on
                                                                                                                           Pile type                                                                                                      Central Bay
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                                                                             (km2)
                                                                                                                                                                                                                                         density of 0.16
                                                                                                                                                                                                                                            animals
                                                                                                                                                                                                                                           per km2 )

                                                                                                                                               Vibratory Driving

                                              14-inch steel H pile ..................................................................................................................................................           190.55            30.48
                                              36-inch steel pile ......................................................................................................................................................         176.44            28.23



                                         VerDate Sep<11>2014         18:01 Jun 12, 2018         Jkt 244001      PO 00000       Frm 00020        Fmt 4703      Sfmt 4703       E:\FR\FM\13JNN1.SGM              13JNN1


                                              27558                                   Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                                               TABLE 10—DAILY LEVEL B HARASSMENT EXPOSURE ESTIMATE FOR CALIFORNIA SEA LION—Continued
                                                                                                                                                                                                                                                  Level B take
                                                                                                                                                                                                                                                    estimate
                                                                                                                                                                                                                                                   (based on
                                                                                                                                                                                                                                Level B zone
                                                                                                                              Pile type                                                                                                           Central Bay
                                                                                                                                                                                                                                   (km2)         density of 0.16
                                                                                                                                                                                                                                                    animals
                                                                                                                                                                                                                                                   per km2 )

                                              Timber/Concrete Pile Removal ................................................................................................................................                              7.14              1.14

                                                                                                                                                    Impact Driving

                                              14-inch steel H pile ..................................................................................................................................................                    * NA              * NA
                                              24-inch concrete pile ...............................................................................................................................................
                                              0.04 ..........................................................................................................................................................................
                                              0.01.
                                                 * Level B take authorized for vibratory driving would cover any Level B take from occasional impact driving.


                                              Harbor Porpoise                                                              harassment, take is estimated for harbor                                      zone area. A single harbor porpoise
                                                Based on monitoring conducted for                                          porpoise as provided in Table 11. Also                                        could be exposed to Level A harassment
                                              the SFOBB project described previously,                                      provided in Table 11 is the estimated                                         during impact driving or 14-inch steel
                                              an in-water density of 0.17 animals per                                      Level A take for impact driving, which                                        H-piles as shown in Table 11. NMFS,
                                              km2 was estimated by Caltrans for this                                       has been estimated by taking Level B                                          however, conservatively proposes to
                                              species (NMFS 2017b). Using this in-                                         take and multiplying it by the ratio of                                       authorize Level A take of four animals
                                              water density and the areas of potential                                     the Level A zone area to the Level B                                          which is the average group size.

                                                                    TABLE 11—DAILY LEVEL A AND LEVEL B HARASSMENT ESTIMATE FOR PACIFIC HARBOR PORPOISE
                                                                                                                                                                                                      Level A zone,                 Level B
                                                                                                                                                                                                         minus                     estimate        Estimated
                                                                                                                                                                           Level B zone
                                                                                                   Pile type                                                                                            exclusion                 Central Bay     Level A take
                                                                                                                                                                              (km2)                       zone                  in-water—0.17       per day
                                                                                                                                                                                                          (km2)                     per km2

                                                                                                                                                  Vibratory Driving

                                              14-inch steel H pile ..........................................................................................                         190.55         ........................           32.39               NA
                                              36-inch steel pile ..............................................................................................                       176.44         ........................           29.99               NA
                                              Timber/Concrete Pile Removal ........................................................................                                     7.14         ........................            1.21               NA

                                                                                                                                                    Impact Driving

                                              14-inch steel H pile ..........................................................................................                             1.36                      * 0.32              * 0.23             0.05
                                              24-inch concrete pile .......................................................................................                               0.04                           0                0.01                0
                                                * Only displayed to provide the calculation of Level A take. Level B take authorized for vibratory driving would cover any Level B take from oc-
                                              casional impact driving.


                                                For impact pile driving of the 14-inch                                     of in-water work for this project. As a                                       seals would enter into the Bay and
                                              H piles, the Level A Zone is large                                           result, densities during pile driving for                                     project area in 2018, Chevron has
                                              enough to warrant the authorization of                                       the planned action would be much                                              conservatively requested and NMFS has
                                              some Level A. A 250 meter shutdown                                           lower. It is possible that a lone northern                                    authorized10 fur seals takes by Level B
                                              zone for this species would be                                               elephant seal may enter the Level B                                           harassment. Level A harassment of this
                                              established, but individuals that place                                      harassment area once per day during                                           species is not anticipated or authorized
                                              themselves in the Level A zone but                                           pile driving, for a total of 28 takes. Level                                  by NMFS.
                                              outside of the shut-down zone may                                            A harassment of this species is not
                                              experience Level A harassment, if they                                       expected to occur and is not authorized                                       Bottlenose Dolphin
                                              reside in that area for a long enough                                        by NMFS.                                                                        When this species is present in San
                                              duration.                                                                                                                                                  Francisco Bay, it is more typically found
                                                                                                                           Northern Fur Seal
                                              Northern Elephant Seal                                                                                                                                     close to the Golden Gate. Recently,
                                                                                                                             As noted previously, the incidence of                                       beginning in 2015, two individuals have
                                                Monitoring of marine mammals in the                                        northern fur seal in San Francisco Bay                                        been observed frequently in the vicinity
amozie on DSK3GDR082PROD with NOTICES1




                                              vicinity of the SFOBB produced an                                            depends largely on oceanic conditions,                                        of Oyster Point (GGCR, 2016; GGCR
                                              estimated density for northern elephant                                      with animals more likely to strand                                            2017; Perlman, 2017). The average
                                              seal of 0.06 animal per km2 (Caltrans,                                       during El Niño events. The likelihood of                                     reported group size for bottlenose
                                              2015b). Most sightings of northern                                           El Niño conditions occurring in 2018 is                                      dolphins is five. Reports show that a
                                              elephant seal in San Francisco Bay                                           currently low, with La Niña or neutral                                       group normally comes into San
                                              occur in spring or early summer, and are                                     conditions expected to develop (NOAA,                                         Francisco Bay near Yerba Buena Island
                                              less likely to occur during the periods                                      2018). Given the low probability that fur                                     once per week for approximately 2-week


                                         VerDate Sep<11>2014          18:01 Jun 12, 2018         Jkt 244001       PO 00000        Frm 00021        Fmt 4703       Sfmt 4703        E:\FR\FM\13JNN1.SGM              13JNN1


                                                                                  Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                                                                                       27559

                                              stints and then leaves the Bay (NMFS,                                         Francisco bay with any regularity. They                                         Level B harassment. No Level A take is
                                              2017b). Chevron assumed groups of five                                        occasionally enter the Bay during their                                         authorized.
                                              individuals may enter San Francisco                                           northward migration period, and are                                               Tables 12 and 13 summarize the
                                              Bay and the ensonified area three times                                       most often sighted in the Bay between                                           estimate of Level B and Level A
                                              during separate two-week spans.                                               February and May. Most venture only                                             harassment, respectively, for each
                                              Therefore, groups of 5 animals would                                          about 2 to 3 km (about 1–2 mi) past the                                         species by pile driving activity for the
                                              potentially be exposed at a rate of once                                      Golden Gate, but gray whales have                                               2018 construction season. For harbor
                                              per week over six weeks, resulting in up                                      occasionally been sighted as far north as                                       seals, sea lions, harbor porpoise and
                                              to 30 Level B exposures. As such, NMFS                                        San Pablo Bay. Pile driving is not                                              elephant seals, the Level B harassment
                                              authorizes the take by Level B
                                                                                                                            anticipated to occur during the February                                        estimates are based on the number of
                                              harassment of 30 bottlenose dolphins.
                                                                                                                            through May timeframe and gray whales                                           individuals assumed to be exposed per
                                              Although a small Level A zone for mid-
                                                                                                                            are not likely to be present at other                                           day, the number of days of pile driving
                                              frequency cetaceans is estimated during
                                              impact driving, marine mammal                                                 times of year. In the very unlikely event                                       expected based on an average
                                              monitoring of the shutdown would                                              that a gray whale or pair of gray whales                                        installation rate. The Level A
                                              ensure that take by Level A harassment                                        makes its way close to the project area                                         harassment estimates are derived from
                                              does not occur.                                                               while pile driving activities are under                                         the Level B harassment estimates by
                                                                                                                            way, Chevron has requested take by                                              taking the Level B harassment total and
                                              Gray Whale                                                                    Level B harassment of up to two (2) gray                                        multiplying it by the fractional ratio of
                                                Gray whales are the only whale                                              whales per year. NMFS agrees and has                                            the area of the Level A zone to the Level
                                              species that travels far into San                                             authorized the take of 2 gray whales by                                         B zone.
                                                                        TABLE 12—TOTAL ESTIMATED TAKE BY LEVEL B HARASSMENT BY SPECIES AND PILE TYPE
                                                                                                                                                                                                                 Species
                                                                                                                                         Number
                                                                                                                       Number
                                                         Pile type                    Pile driver type                                   of driving
                                                                                                                       of piles                             Harbor         CA sea            Harbor             Gray              N. elephant     N. fur       Bottlenose
                                                                                                                                           days              seal           lion            porpoise           whale *                seal        seal *        dolphin *

                                              36-inch steel template               Vibratory ................                      8                   2      793.1             56.46            59.98                 NA                   2           NA              NA
                                                pile **.
                                              Concrete pile removal ........       Vibratory ...............                       5                  1       184.92            1.14              1.21                 NA                   1           NA              NA
                                              24-inch concrete ................    Impact ...................                      8                  8        141.2            0.08              0.08                 NA                   8           NA              NA
                                              14-inch H pile installation ..       Impact/Vibratory ....                          36                 12     4,972.68          365.76            388.68                 NA                  12           NA              NA
                                              Timber pile removal ...........      Vibratory ...............                      53                  5        924.6             5.7              6.05                 NA                   5           NA              NA

                                                   Total Take by Species           ...............................    ................   ................     7,017                429                456                2                 28           10                30
                                                     (2018).
                                                * Take is not calculated by activity type for these species, only a total is given.
                                                ** Only the installation of the template piles will occur in 2018. Take associated with their removal will be requested in a subsequent IHA.
                                                *** These piles will be preferentially driven with a vibratory driver, which would have a larger Level B zone than installation with an impact driver. Thus, Level B take
                                              for this species is based on installation using vibratory driver, and not an impact driver.

                                                                                                         TABLE 13—AUTHORIZED TAKE BY LEVEL A HARASSMENT
                                                                                                                                                                                                          Number of                                           Harbor
                                                                        Pile type                                                                    Pile driver type                                                                 Harbor seal
                                                                                                                                                                                                         driving days                                        porpoise

                                              36-inch steel template pile ..............................                  Vibratory .........................................................                               2                      0                     0
                                              Concrete pile removal .....................................                 Vibratory .........................................................                               1                      0                     0
                                              24-inch concrete .............................................              Impact .............................................................                              8                      0                     0
                                              14-inch H pile installation ................................                Impact/Vibratory .............................................                                   12                     40                    *4
                                              Timber pile removal ........................................                Vibratory .........................................................                               5                      0                     0

                                                    Total Take ................................................           .........................................................................    ........................                   40                      4
                                                 * Harbor porpoise takes were increased to 4 to account for average group size.


                                                Table 14 provides a summary of                                              well as the percentage of a stock
                                              authorized Level A and Level B takes as                                       authorized for take.

                                                                                    TABLE 14—AUTHORIZED TAKE AND PERCENTAGE OF STOCK OR POPULATION
                                                                                                                                                                                                        Authorized                    Authorized              Percent
                                                                        Species                                                                             Stock                                      Level A takes                 Level B takes           population

                                              Harbor seal .....................................................           California ........................................................                              40                   6,977              22.6%
amozie on DSK3GDR082PROD with NOTICES1




                                              California sea lion ...........................................             Eastern U.S. ...................................................             ........................                   429               <0.01
                                              Harbor porpoise ..............................................              San Francisco—Russian River ......................                                                 4                    451                 4.5
                                              Northern elephant seal ...................................                  California Breeding .........................................                ........................                    28               <0.01
                                              Gray whale ......................................................           Eastern North Pacific .....................................                  ........................                     2               <0.01
                                              Northern fur seal .............................................             California ........................................................          ........................                    10               <0.01
                                              Bottlenose Dolphin ..........................................               California Coastal ...........................................               ........................                    30                 6.6




                                         VerDate Sep<11>2014       18:01 Jun 12, 2018         Jkt 244001             PO 00000       Frm 00022          Fmt 4703     Sfmt 4703       E:\FR\FM\13JNN1.SGM               13JNN1


                                              27560                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              Mitigation                                              shutdown zone is generally to define an                impossible for Protected Species
                                                 In order to issue an IHA under                       area within which shutdown of activity                 Observers (PSOs) to view the entire
                                              Section 101(a)(5)(D) of the MMPA,                       would occur upon sighting of a marine                  harassment area. Due to this, Level B
                                              NMFS must set forth the permissible                     mammal (or in anticipation of an animal                exposures will be recorded and
                                              methods of taking pursuant to such                      entering the defined area). A shutdown                 extrapolated based upon the number of
                                              activity, and other means of effecting                  zone will be established which will                    observed take and the percentage of the
                                              the least practicable impact on such                    include all or a portion of the area                   Level B zone that was not visible;
                                              species or stock and its habitat, paying
                                                                                                      where underwater SPLs are expected to                     • Soft Start—The use of a soft-start
                                                                                                      reach or exceed the cumulative SEL                     procedure are believed to provide
                                              particular attention to rookeries, mating
                                                                                                      thresholds for Level A harassment as                   additional protection to marine
                                              grounds, and areas of similar
                                                                                                      provided in Table 7. The shutdown                      mammals by providing warning and/or
                                              significance, and on the availability of
                                                                                                      isopleths for pinnipeds (harbor seals,                 giving marine mammals a chance to
                                              such species or stock for taking for
                                                                                                      California sea lion, Northern elephant                 leave the area prior to the hammer
                                              certain subsistence uses (latter not
                                                                                                      seal, northern fur seal) and mid-                      operating at full capacity. Chevron shall
                                              applicable for this action). NMFS
                                                                                                      frequency cetaceans (bottlenose                        use soft start techniques when impact
                                              regulations require applicants for
                                                                                                      dolphins) will be set at 15 meters during              pile driving. Soft start requires
                                              incidental take authorizations to include
                                                                                                      vibratory driving. A 30 meter shutdown                 contractors to provide an initial set of
                                              information about the availability and                  zone during vibratory driving will be
                                              feasibility (economic and technological)                                                                       strikes at reduced energy, followed by a
                                                                                                      established for low-frequency cetaceans                thirty-second waiting period, then two
                                              of equipment, methods, and manner of                    (gray whale) and high-frequency
                                              conducting such activity or other means                                                                        subsequent reduced energy strike sets;
                                                                                                      cetaceans (harbor porpoise). During                       • Pile Caps/Cushions—Chevron will
                                              of effecting the least practicable adverse              impact driving the shutdown zones will
                                              impact upon the affected species or                                                                            employ the use of pile caps or cushions
                                                                                                      be set at 250 meters for high-frequency                as sound attenuation devices to reduce
                                              stocks and their habitat (50 CFR                        cetaceans (harbor porpoise), 350 meters
                                              216.104(a)(11)).                                                                                               impacts from sound exposure during
                                                                                                      for low-frequency cetaceans (gray                      impact pile driving;
                                                 In evaluating how mitigation may or                  whales), and 35 meters for pinnipeds
                                              may not be appropriate to ensure the                                                                              • Pre-Activity Monitoring—Pre-
                                                                                                      (harbor seal, California sea lion,                     activity monitoring shall take place from
                                              least practicable adverse impact on                     Northern elephant seal, northern fur
                                              species or stocks and their habitat, as                                                                        30 minutes prior to initiation of pile
                                                                                                      seal) and mid-frequency cetaceans                      driving activity and post-activity
                                              well as subsistence uses where                          (bottlenose dolphin);
                                              applicable, we carefully consider two                                                                          monitoring shall continue through 30
                                                                                                         • 10-Meter Shutdown Zone—During
                                              primary factors:                                                                                               minutes post-completion of pile driving
                                                                                                      the in-water operation of heavy
                                                 (1) The manner in which, and the                                                                            activity. Pile driving may commence at
                                                                                                      machinery (e.g., barge movements), a
                                              degree to which, the successful                                                                                the end of the 30-minute pre-activity
                                                                                                      10-m shutdown zone for all marine
                                              implementation of the measure(s) is                                                                            monitoring period, provided observers
                                                                                                      mammals will be implemented. If a
                                              expected to reduce impacts to marine                                                                           have determined that the shutdown
                                                                                                      marine mammal comes within 10 m,
                                              mammals, marine mammal species or                       operations shall cease and vessels shall               zone is clear of marine mammals, which
                                              stocks, and their habitat. This considers               reduce speed to the minimum level                      includes delaying start of pile driving
                                              the nature of the potential adverse                     required to maintain steerage and safe                 activities if a marine mammal is sighted
                                              impact being mitigated (likelihood,                     working conditions;                                    in the zone, as described below;
                                              scope, range). It further considers the                    • Establishment of Monitoring Zones                    • If a marine mammal approaches or
                                              likelihood that the measure will be                     for Level A and Level B—Chevron will                   enters the shutdown zone during
                                              effective if implemented (probability of                establish and monitor Level A                          activities or pre-activity monitoring, all
                                              accomplishing the mitigating result if                  harassment zones during impact driving                 pile driving activities at that location
                                              implemented as planned) the likelihood                  for harbor seal extending to 183 meters                shall be halted or delayed, respectively.
                                              of effective implementation (probability                and harbor seals and extending to 408                  If pile driving is halted or delayed due
                                              implemented as planned); and                            m for harbor porpoises. These are areas                to the presence of a marine mammal, the
                                                 (2) The practicability of the measures               beyond the shutdown zone in which                      activity may not resume or commence
                                              for applicant implementation, which                     animals could be exposed to sound                      until either the animal has voluntarily
                                              may consider such things as cost,                       levels that could result in PTS. Chevron               left and been visually confirmed beyond
                                              impact on operations.                                   will also establish and monitor Level B                the shutdown zone and 15 minutes have
                                                                                                      harassment zones which are areas where                 passed without re-detection of the
                                              Mitigation for Marine Mammals and                                                                              animal. Pile driving activities include
                                                                                                      SPLs are equal to or exceed the 160 dB
                                              Their Habitat                                                                                                  the time to install or remove a single
                                                                                                      rms threshold for impact driving and
                                                The following measures would apply                    the 120 dB rms threshold during                        pile or series of piles, as long as the time
                                              to Chevron’s mitigation requirements:                   vibratory driving and extraction.                      elapsed between uses of the pile driving
                                                • Seasonal Restriction—To minimize                    Monitoring zones provide utility for                   equipment is no more than thirty
                                              impacts to listed fish species, pile-                   observing by establishing monitoring                   minutes; and
                                              driving activities would occur between                  protocols for areas adjacent to the                       • Non-authorized Take Prohibited—If
                                              June 1 and November 30;                                 shutdown zones. Monitoring zones                       a species for which authorization has
                                                • Daylight Construction Period—                       enable observers to be aware of and                    not been granted or a species for which
                                              Work would occur only during daylight                   communicate the presence of marine                     authorization has been granted but the
amozie on DSK3GDR082PROD with NOTICES1




                                              hours (7:00 a.m. to 7:00 p.m.) when                     mammals in the project area outside the                authorized takes are met, is observed
                                              visual marine mammal monitoring can                     shutdown zone and thus prepare for a                   approaching or within the monitoring
                                              be conducted;                                           potential cease of activity should the                 zone, pile driving and removal activities
                                                • Establishment of Shutdown Zone—                     animal enter the shutdown zone. The                    must shut down immediately using
                                              For all pile driving and removal                        Level B zones are depicted in Table 11.                delay and shut-down procedures.
                                              activities, Chevron will establish a                    As shown, the largest Level B zone is                  Activities must not resume until the
                                              shutdown zone. The purpose of a                         equal to 190.55 km2, making it                         animal has been confirmed to have left


                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                                                           Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                 27561

                                              the area or an observation time period                  acoustic habitat, or other important          (3) Sufficient training, orientation, or
                                              of 15 minutes has elapsed.                              physical components of marine              experience with the construction
                                                 Based on our evaluation of the                       mammal habitat); and                       operation to provide for personal safety
                                              applicant’s planned measures, as well as                   • Mitigation and monitoring             during observations;
                                              other measures considered by NMFS,                      effectiveness.                                (4) Writing skills sufficient to prepare
                                              NMFS has determined that the required                                                              a report of observations including but
                                                                                                      Visual Monitoring
                                              mitigation measures provide the means                                                              not limited to the number and species
                                              effecting the least practicable impact on                  The following visual monitoring         of marine mammals observed; dates and
                                              the affected species or stocks and their                measures are required as part of the       times when in-water construction
                                              habitat, paying particular attention to                 issued IHA.                                activities were conducted; dates, times,
                                              rookeries, mating grounds, and areas of                    • One day of biological monitoring      and reason for implementation of
                                              similar significance.                                   would occur within one week before the mitigation (or why mitigation was not
                                                                                                      project’s start date to establish baseline implemented when required); and
                                              Monitoring and Reporting                                observations;                              marine mammal behavior; and
                                                 In order to issue an IHA for an                         • Monitoring distances, in accordance      (5) Ability to communicate orally, by
                                              activity, Section 101(a)(5)(D) of the                   with the identified shutdown, Level A,     radio or in person, with project
                                              MMPA states that NMFS must set forth                    and Level B zones, will be determined      personnel to provide real-time
                                              requirements pertaining to the                          by using a range finder, scope, hand-      information on marine mammals
                                              monitoring and reporting of such taking.                held global positioning system (GPS)       observed in the area as necessary.
                                              The MMPA implementing regulations at                    device or landmarks with known                A draft marine mammal monitoring
                                              50 CFR 216.104 (a)(13) indicate that                    distances from the monitoring positions; report would be submitted to NMFS
                                              requests for authorizations must include                   • Monitoring locations will be          within 90 days after the completion of
                                              the suggested means of accomplishing                    established at locations offering best     pile driving and removal activities. It
                                              the necessary monitoring and reporting                  views of the monitoring zone;              will include an overall description of
                                              that will result in increased knowledge                    • Monitoring will be continuous         work completed, a narrative regarding
                                              of the species and of the level of taking               unless the contractor takes a break        marine mammal sightings, and
                                              or impacts on populations of marine                     longer than 2 hours from active pile       associated marine mammal observation
                                              mammals that are expected to be                         driving, in which case, monitoring will    data sheets. Specifically, the report must
                                              present in the action area. Effective                   be required 30 minutes prior to            include:
                                              reporting is critical both to compliance                restarting pile installation;
                                                                                                         • For in-water pile driving, under         • Date and time that monitored
                                              as well as ensuring that the most value                                                            activity begins or ends;
                                              is obtained from the required                           conditions of fog or poor visibility that
                                                                                                      might obscure the presence of a marine        • Construction activities occurring
                                              monitoring.
                                                 Monitoring and reporting                             mammal within the shutdown zone, the during each observation period;
                                                                                                      pile in progress will be completed and        • Deviation from initial proposal in
                                              requirements prescribed by NMFS                                                                    pile numbers, pile types, average
                                              should contribute to improved                           then pile driving suspended until
                                                                                                      visibility conditions improve;             driving times, etc.
                                              understanding of one or more of the                                                                   • Weather parameters (e.g., percent
                                              following:                                                 • At least two PSOs will be actively
                                                                                                      scanning the monitoring zone during all cover, visibility);
                                                 • Occurrence of marine mammal                        pile driving activities;                      • Water conditions (e.g., sea state,
                                              species or stocks in the area in which                     • Monitoring of pile driving shall be   tide state);
                                              take is anticipated (e.g., presence,                    conducted by qualified PSOs (see              • For each marine mammal sighting
                                              abundance, distribution, density);                      below), who shall have no other            the following must be recorded:
                                                 • Nature, scope, or context of likely                assigned tasks during monitoring              (1) Species, numbers, and, if possible,
                                              marine mammal exposure to potential                     periods. Chevron shall adhere to the       sex and age class of marine mammals;
                                              stressors/impacts (individual or                        following conditions when selecting           (2) Description of any observable
                                              cumulative, acute or chronic), through                  observers:                                 marine mammal behavior patterns,
                                              better understanding of: (1) Action or                     (1) Independent PSOs shall be used      including bearing and direction of travel
                                              environment (e.g., source                               (i.e., not construction personnel);        and distance from pile driving activity;
                                              characterization, propagation, ambient                     (2) At least one PSO must have prior       (3) Location and distance from pile
                                              noise); (2) affected species (e.g., life                experience working as a marine             driving activities to marine mammals
                                              history, dive patterns); (3) co-occurrence              mammal observer during construction        and distance from the marine mammals
                                              of marine mammal species with the                       activities;                                to the observation point; and
                                              action; or (4) biological or behavioral                    (3) Other PSOs may substitute              (4) Estimated amount of time that the
                                              context of exposure (e.g., age, calving or              education (degree in biological science    animals remained in the Level B zone.
                                              feeding areas);                                         or related field) or training for             • Description of implementation of
                                                 • Individual marine mammal                           experience; and                            mitigation measures within each
                                              responses (behavioral or physiological)                    (4) Chevron shall submit PSO CVs for monitoring period (e.g., shutdown or
                                              to acoustic stressors (acute, chronic, or               approval by NMFS;                          delay);
                                              cumulative), other stressors, or                           • Chevron will ensure that observers       • Other human activity in the area.
                                              cumulative impacts from multiple                        have the following additional                 • A summary of the following must
                                              stressors;                                              qualifications:                            be included in the report.
amozie on DSK3GDR082PROD with NOTICES1




                                                 • How anticipated responses to                          (1) Ability to conduct field               (1) Total number of individuals of
                                              stressors impact either: (1) Long-term                  observations and collect data according    each species detected within the Level
                                              fitness and survival of individual                      to assigned protocols;                     A and Level B Zones, and estimated
                                              marine mammals; or (2) populations,                        (2) Experience or training in the field take extrapolated across entire Level B
                                              species, or stocks;                                     identification of marine mammals,          zone; and
                                                 • Effects on marine mammal habitat                   including the identification of               (2) Daily average number of
                                              (e.g., marine mammal prey species,                      behaviors;                                 individuals of each species


                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                              27562                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              (differentiated by month as appropriate)                to the activities authorized in the IHA                considering estimates of the number of
                                              detected within the Level B Zone, and                   (e.g., previously wounded animal,                      marine mammals that might be ‘‘taken’’
                                              estimated take extrapolated across entire               carcass with moderate to advanced                      through harassment, NMFS considers
                                              Level B zone.                                           decomposition, or scavenger damage),                   other factors, such as the likely nature
                                                If no comments are received from                      Chevron would report the incident to                   of any responses (e.g., intensity,
                                              NMFS within 30 days, the draft final                    the Chief of the Permits and                           duration), the context of any responses
                                              report will constitute the final report. If             Conservation Division, Office of                       (e.g., critical reproductive time or
                                              comments are received, a final report                   Protected Resources, NMFS, and the                     location, migration), as well as effects
                                              addressing NMFS comments must be                        West Coast Regional Stranding                          on habitat, and the likely effectiveness
                                              submitted within 30 days after receipt of               Coordinator within 24 hours of the                     of the mitigation. We also assess the
                                              comments.                                               discovery. Chevron would provide                       number, intensity, and context of
                                                In the unanticipated event that the                   photographs or video footage (if                       estimated takes by evaluating this
                                              specified activity clearly causes the take              available) or other documentation of the               information relative to population
                                              of a marine mammal in a manner                          stranded animal sighting to NMFS and                   status. Consistent with the 1989
                                              prohibited by the IHA (if issued), such                 the Marine Mammal Stranding Network.                   preamble for NMFS’s implementing
                                              as an injury, serious injury or mortality,                                                                     regulations (54 FR 40338; September 29,
                                                                                                      Hydroacoustic Monitoring
                                              Chevron would immediately cease the                                                                            1989), the impacts from other past and
                                              specified activities and report the                       Sound Source Verification (SSV)                      ongoing anthropogenic activities are
                                              incident to the Chief of the Permits and                testing of would be conducted under                    incorporated into this analysis via their
                                              Conservation Division, Office of                        this IHA. The purpose of the planned                   impacts on the environmental baseline
                                              Protected Resources, NMFS, and the                      acoustic monitoring plan is to collect                 (e.g., as reflected in the regulatory status
                                              West Coast Regional Stranding                           underwater sound-level information at                  of the species, population size and
                                              Coordinator. The report would include                   both near and distant locations during                 growth rate where known, ongoing
                                              the following information:                              vibratory pile extraction and installation             sources of human-caused mortality, or
                                                • Description of the incident;                        and impact pile installation. The plan                 ambient noise levels).
                                                • Environmental conditions (e.g.,                     provides a protocol for hydroacoustic                     Pile driving and extraction associated
                                              Beaufort sea state, visibility);                        measurements during pile driving                       with Chevron’s WMEP project as
                                                • Description of all marine mammal                    operations. Acoustic monitoring would                  outlined previously have the potential
                                              observations in the 24 hours preceding                  be conducted on a minimum of two of                    to injure, disturb or displace marine
                                              the incident;                                           each pile type. Since little data exist for            mammals. Specifically, the specified
                                                • Species identification or                           source levels associated with                          activities may result in Level B
                                              description of the animal(s) involved;                  installation of 24-inch square concrete                harassment (behavioral disturbance) for
                                                • Fate of the animal(s); and                          piles (including data on single strike                 seven marine mammal species
                                                • Photographs or video footage of the                 sound exposure level metrics) Chevron                  authorized for take from underwater
                                              animal(s) (if equipment is available).                  would conduct in-situ measurements                     sound generated during pile driving
                                                Activities would not resume until                     during installation of eight piles. The                operations. Level A harassment in the
                                              NMFS is able to review the                              SSV testing would be conducted by an                   form of PTS may also occur to limited
                                              circumstances of the prohibited take.                   acoustical firm with prior experience                  numbers of two species. No serious
                                              NMFS would work with Chevron to                         conducting SSV testing. Final results                  injuries or mortalities are anticipated to
                                              determine what is necessary to                          would be sent to NMFS. Findings may                    occur as a result of Chevron’s pile
                                              minimize the likelihood of further                      be used to establish Level A and Level                 driving activities.
                                              prohibited take and ensure MMPA                         B isopleths during impact and vibratory                   A limited number of animals (40
                                              compliance. Chevron would not be able                   driving. Any alterations to the                        harbor seals and 4 harbor porpoises)
                                              to resume their activities until notified               shutdown or harassment zones based on                  could experience Level A harassment in
                                              by NMFS via letter, email, or telephone.                testing data must be approved by NMFS.                 the form of PTS if they stay within the
                                                In the event that Chevron discovers an                The Hydroacoustic Monitoring Plan is                   Level A harassment zone during impact
                                              injured or dead marine mammal, and                      contained on the following NMFS                        driving of 24-inch steel H-piles.
                                              the lead PSO determines that the cause                  website: https://www.fisheries.noaa.gov/               Installation of these piles would occur
                                              of the injury or death is unknown and                   national/marine-mammal-protection/                     over eight days and impact driving will
                                              the death is relatively recent (e.g., in                incidental-take-authorizations-                        not be the primary method of
                                              less than a moderate state of                           construction-activities.                               installation. The piles will mainly be
                                              decomposition as described in the next                                                                         installed using only vibratory driving.
                                              paragraph), Chevron would immediately                   Negligible Impact Analysis and
                                                                                                                                                             Impact driving will be used only if the
                                              report the incident to the Chief of the                 Determination                                          vibrated pile encounters an obstruction
                                              Permits and Conservation Division,                         NMFS has defined negligible impact                  such as an old sunken pile. It is unlikely
                                              Office of Protected Resources, NMFS,                    as an impact resulting from the                        that this would occur for all four piles
                                              and the West Coast Regional Stranding                   specified activity that cannot be                      projected to be installed each driving
                                              Coordinator. The report would include                   reasonably expected to, and is not                     day. An assumption of four piles per
                                              the same information identified in the                  reasonably likely to, adversely affect the             day was used to calculate Level A zone
                                              paragraph above. Activities would be                    species or stock through effects on                    sizes. If four piles did require impact
                                              able to continue while NMFS reviews                     annual rates of recruitment or survival                installation on a single day it is unlikely
                                              the circumstances of the incident.                      (50 CFR 216.103). A negligible impact                  that the same individual marine
amozie on DSK3GDR082PROD with NOTICES1




                                              NMFS would work with Chevron to                         finding is based on the lack of likely                 mammal would be within the relatively
                                              determine whether modifications in the                  adverse effects on annual rates of                     small Level A zone during the
                                              activities are appropriate.                             recruitment or survival (i.e., population-             installation of every pile. In most
                                                In the event that Chevron discovers an                level effects). An estimate of the number              instances impact driving will not be
                                              injured or dead marine mammal and the                   of takes alone is not enough information               required at all. Furthermore, the degree
                                              lead PSO determines that the injury or                  on which to base an impact                             of injury is expected to be mild and is
                                              death is not associated with or related                 determination. In addition to                          not likely to affect the reproduction or


                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                                                           Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices                                            27563

                                              survival of the individual animals. It is               or stock through effects on annual rates               be taken relative to the population size
                                              expected that, if hearing impairments                   of recruitment or survival:                            of the affected species or stocks.
                                              occurs, most likely the affected animal                    • No mortality is anticipated or
                                                                                                                                                             Unmitigable Adverse Impact Analysis
                                              would lose a few dB in its hearing                      authorized;
                                                                                                                                                             and Determination
                                              sensitivity, which in most cases is not                    • Anticipated incidences of Level A
                                              likely to affect its survival and                       harassment would be in the form of a                     There are no relevant subsistence uses
                                              recruitment.                                            small degree of PTS to a limited number                of the affected marine mammal stocks or
                                                 The Level B takes that are anticipated               of animals;                                            species implicated by this action.
                                              and authorized are expected to be                          • Anticipated incidents of Level B                  Therefore, NMFS has determined that
                                              limited to short-term behavioral                        harassment consist of, at worst,                       the total taking of affected species or
                                              harassment. Marine mammals present                      temporary modifications in behavior;                   stocks would not have an unmitigable
                                              near the action area and taken by Level                    • The relatively short and                          adverse impact on the availability of
                                              B harassment would most likely show                     intermittent duration of in-water                      such species or stocks for taking for
                                              overt brief disturbance (e.g., startle                  construction activities;                               subsistence purposes.
                                              reaction) and avoidance of the area from                   • The small percentage of the stock                 National Environmental Policy Act
                                              elevated noise level during pile driving.               that may be affected by project activities
                                              Repeated exposures of individuals to                    (<22.8 percent for all stocks); and                       To comply with the National
                                              levels of sound that may cause Level B                     • Efficacy of mitigation measures is                Environmental Policy Act of 1969
                                              harassment are unlikely to significantly                expected to minimize the likelihood and                (NEPA; 42 U.S.C. 4321 et seq.) and
                                              disrupt foraging behavior. Thus, even                   severity of the level of harassment.                   NOAA Administrative Order (NAO)
                                              repeated Level B harassment of some                        Based on the analysis contained                     216–6A, NMFS must review our
                                              small subset of the overall stock is                    herein of the likely effects of the                    proposed action (i.e., the issuance of an
                                              unlikely to result in any significant                   specified activity on marine mammals                   incidental harassment authorization)
                                              realized decrease in fitness for the                    and their habitat, and taking into                     with respect to potential impacts on the
                                              affected individuals, and thus would                    consideration the implementation of the                human environment.
                                              not result in any adverse impact to the                 required monitoring and mitigation                        This action is consistent with
                                              stock as a whole.                                       measures, NMFS finds that the total                    categories of activities identified in
                                                 The project is not expected to have                  marine mammal take from the planned                    Categorical Exclusion B4 (incidental
                                              significant adverse effects on affected                 activity will have a negligible impact on              harassment authorizations with no
                                              marine mammal habitat. The activities                   all affected marine mammal stocks or                   anticipated serious injury or mortality)
                                              may cause fish to leave the area                        species.                                               of the Companion Manual for NOAA
                                              temporarily. This could impact marine                                                                          Administrative Order 216–6A, which do
                                              mammals’ foraging opportunities in a                    Small Numbers                                          not individually or cumulatively have
                                              limited portion of the foraging range;                    As noted above, only small numbers                   the potential for significant impacts on
                                              but, because of the short duration of the               of incidental take may be authorized                   the quality of the human environment
                                              activities and the relatively small area of             under Section 101(a)(5)(D) of the MMPA                 and for which we have not identified
                                              affected habitat, the impacts to marine                 for specified activities other than                    any extraordinary circumstances that
                                              mammal habitat are not expected to                      military readiness activities. The MMPA                would preclude this categorical
                                              cause significant or long-term negative                 does not define small numbers and so,                  exclusion. Accordingly, NMFS has
                                              consequences.                                           in practice, where estimated numbers                   determined that the issuance of the IHA
                                                 The likelihood that marine mammals                   are available, NMFS compares the                       qualifies to be categorically excluded
                                              will be detected by trained observers is                number of individuals taken to the most                from further NEPA review.
                                              high under the environmental                            appropriate estimation of abundance of
                                                                                                                                                             Endangered Species Act (ESA)
                                              conditions described for the project. The               the relevant species or stock in our
                                              employment of the soft-start mitigation                 determination of whether an                               Section 7(a)(2) of the Endangered
                                              measure would also allow marine                         authorization is limited to small                      Species Act of 1973 (ESA: 16 U.S.C.
                                              mammals in or near the shutdown and                     numbers of marine mammals.                             1531 et seq.) requires that each Federal
                                              Level A zone zones to move away from                    Additionally, other qualitative factors                agency insure that any action it
                                              the impact driving sound source.                        may be considered in the analysis, such                authorizes, funds, or carries out is not
                                              Therefore, the mitigation and                           as the temporal or spatial scale of the                likely to jeopardize the continued
                                              monitoring measures are expected to                     activities.                                            existence of any endangered or
                                              reduce the potential for injury and                       Table 14 depicts the number of                       threatened species or result in the
                                              reduce the amount and intensity of                      animals that could be exposed to Level                 destruction or adverse modification of
                                              behavioral harassment. Furthermore, the                 A and Level B harassment from work                     designated critical habitat.
                                              pile driving activities analyzed here are               associated with Chevron’s project. The                    No incidental take of ESA-listed
                                              similar to, or less impactful than,                     analysis provided indicates that                       species is authorized or expected to
                                              numerous construction activities                        authorized takes account for no more                   result from this activity. Therefore,
                                              conducted in similar locations which                    than 22.6 percent of the populations of                NMFS has determined that formal
                                              have taken place with no reported                       the stocks that could be affected. These               consultation under section 7 of the ESA
                                              injuries or mortality to marine                         are small numbers of marine mammals                    is not required for this action.
                                              mammals, and no known long-term                         relative to the sizes of the affected
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                             Authorization
                                              adverse consequences from behavioral                    stocks.
                                              harassment.                                               Based on the analysis contained                        NMFS has issued an IHA to Chevron
                                                 In summary and as described above,                   herein of the planned (including the                   to take seven species of marine mammal
                                              the following factors primarily support                 required mitigation and monitoring                     incidental to pile driving and removal
                                              our determination that the impacts                      measures) and the anticipated take of                  activities at Chevron’s Long Wharf from
                                              resulting from this activity are not                    marine mammals, NMFS finds that                        June 1, 2018 through May 31, 2019
                                              expected to adversely affect the species                small numbers of marine mammals will                   provided the previously mentioned


                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1


                                              27564                        Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices

                                              mitigation, monitoring, and reporting                   DEPARTMENT OF DEFENSE                                  ICD–GPS–240, and ICD–GPS–870. All
                                              requirements are incorporated.                                                                                 comments must be submitted in a
                                                                                                      Department of the Air Force                            Comments Resolution Matrix. This form
                                                Dated: June 7, 2018.
                                                                                                                                                             along with current versions of the
                                              Elaine T. Saiz,                                         2018 Public Interface Control Working                  documents and the official meeting
                                              Acting Deputy Director, Office of Protected             Group and Forum for the Navstar Gps                    notice are posted at: http://
                                              Resources, National Marine Fisheries Service.           Public Documents                                       www.gps.gov/technical/icwg/meetings/
                                              [FR Doc. 2018–12629 Filed 6–12–18; 8:45 am]                                                                    2018/.
                                                                                                      AGENCY:  Global Positioning System
                                              BILLING CODE 3510–22–P                                  Directorate (GPSD), Department of the                    Please submit comments to the SMC/
                                                                                                      Air Force.                                             GPS Requirements (SMC/GPER)
                                                                                                                                                             mailbox at SMCGPER@us.af.mil by
                                                                                                      ACTION: Meeting notice.
                                                                                                                                                             August 24, 2018. Special topics may
                                              DEPARTMENT OF DEFENSE                                   SUMMARY:   This notice informs the public              also be considered for the Public Open
                                                                                                      that the Global Positioning Systems                    Forum. If you wish to present a special
                                              Department of the Air Force                             (GPS) Directorate will host the 2018                   topic, please submit any materials to
                                                                                                      Public Interface Control Working Group                 SMC/GPER no later than August 1,
                                              Notice of Availability of Software and                                                                         2018. For more information, please
                                                                                                      and Open Public Forum on September
                                              Documentation for Licensing                             12, 2018 for the following NAVSTAR                     contact 1Lt Michael Telcide at 310–653–
                                                                                                      GPS public documents: IS–GPS–200                       4191 or Mr. Daniel Godwin at 310–653–
                                              AGENCY:Department of the Air Force,                                                                            3640.
                                                                                                      (Navigation User Interfaces), IS–GPS–
                                              Department of Defense.
                                                                                                      705 (User Segment L5 Interfaces), IS–                  Henry Williams,
                                              ACTION: Availability of Mi-Std-1553B                    GPS–800 (User Segment L1C Interface),                  Acting Air Force Federal Register Liaison
                                              decoder software and documentation for                  ICD–GPS–240 (NAVSTAR GPS Control                       Officer.
                                              licensing.                                              Segment to User Support Community                      [FR Doc. 2018–12715 Filed 6–12–18; 8:45 am]
                                                                                                      Interfaces), and ICD–GPS–870                           BILLING CODE 5001–10–P
                                              SUMMARY:   Pursuant to the provisions of                (NAVSTAR GPS Control Segment to
                                              Section 801 of Public Law 113–66 (2014                  User Support Community Interfaces).
                                              National Defense Authorization Act) as                  Additional logistical details can be
                                                                                                                                                             DEPARTMENT OF EDUCATION
                                              extended by Section 818 of Public Law                   found below.
                                              114–328; the Department of the Air                      DATES: 0830–1600 PST, 12 September                     Applications for New Awards; Full-
                                              Force announces the availability of Mil-                2018.                                                  Service Community Schools Program
                                              Std-1553B decoder software and related                  ADDRESSES:   TASC/Engility, 100 N                      AGENCY: Office of Innovation and
                                              documentation for decoding the                          Sepulveda Blvd., El Segundo, CA 90245,                 Improvement, Department of Education.
                                              interaction of bus controllers (BC) and                 The Great Room; Dial In: 310–653–2663                  ACTION: Notice.
                                              remote terminals (RT) using field                       Meeting ID: 8337375 Password: 123456.
                                              programmable gate array (FPGA)                          FOR FURTHER INFORMATION CONTACT: 1Lt                   SUMMARY:  The Department of Education
                                              implementation technology.                              Michael Telcide (310–653–4191) or Mr.                  (Department) is issuing a notice inviting
                                                                                                      Daniel Godwin (310–653–3163);                          applications for fiscal year (FY) 2018 for
                                              ADDRESSES:   Licensing interests should                                                                        the Full-Service Community Schools
                                                                                                      SMCGPER@us.af.mil.
                                              be sent to: Air Force Research                                                                                 (FSCS) program, Catalog of Federal
                                              Laboratory, Sensors Directorate, AFRL/                  SUPPLEMENTARY INFORMATION: The
                                                                                                      purpose of this meeting is to update the               Domestic Assistance (CFDA) number
                                              RYO, 2241 Avionics, Wright-Patterson                                                                           84.215J.
                                              AFB, OH 45433; Facsimile: (937) 656–                    public on GPS public document
                                                                                                      revisions and collect issues/comments                  DATES:
                                              4676.
                                                                                                      for analysis and possible integration                    Applications Available: June 13, 2018.
                                              FOR FURTHER INFORMATION CONTACT:   Air                  into future GPS public document                          Deadline for Notice of Intent to Apply:
                                              Force Research Laboratory, Sensors                      revisions. All outstanding comments on                 June 28, 2018.
                                              Directorate, AFRL/RYO, 2241 Avionics,                   the GPS public documents will be                         Date of Pre-Application Webinar: June
                                              Wright-Patterson AFB, OH 45433;                         considered along with the comments                     20, 2018. For information about the pre-
                                              Facsimile: (937) 656–4676.                              received at this year’s open forum in the              application webinar, visit the FSCS
                                                                                                      next revision cycle. The 2018 Interface                website at: https://innovation.ed.gov/
                                              SUPPLEMENTARY INFORMATION:    The Mil-                  Control Working Group and Open                         what-we-do/parental-options/full-
                                              Std-1553B decoder is written in the                     Forum are open to the general public.                  service-community-schools-program-
                                              VHDL programming language and is                        For those who would like to attend and                 fscs/applicant-info-and-eligibility/.
                                              vendor agnostic. This software is useful                participate, we request that you register                Deadline for Transmittal of
                                              for implementation in technologies that                 no later than August 30, 2018. Please                  Applications: July 13, 2018.
                                              need to passively collect, monitor or                   send the registration information to                   ADDRESSES: For the addresses for
                                              process existing Mil-Std-1553B bus                      SMCGPER@us.af.mil, providing your                      obtaining and submitting an
                                              interactions in real-time.                              name, organization, telephone number,                  application, please refer to our Common
                                                                                                      email address, and country of                          Instructions for Applicants to
                                              Henry Williams,                                                                                                Department of Education Discretionary
                                                                                                      citizenship.
amozie on DSK3GDR082PROD with NOTICES1




                                              Acting Air Force Federal Register Liaison                  Comments will be collected,                         Grant Programs, published in the
                                              Officer.                                                catalogued, and discussed as potential                 Federal Register on February 12, 2018
                                              [FR Doc. 2018–12716 Filed 6–12–18; 8:45 am]             inclusions to the version following the                (83 FR 6003) and available at
                                              BILLING CODE 5001–10–P                                  current release. If accepted, these                    www.gpo.gov/fdsys/pkg/FR-2018-02-12/
                                                                                                      changes will be processed through the                  pdf/2018-02558.pdf.
                                                                                                      formal directorate change process for                  FOR FURTHER INFORMATION CONTACT:
                                                                                                      IS–GPS–200, IS–GPS–705, IS–GPS–800,                    Michelle Johnson Armstrong, U.S.


                                         VerDate Sep<11>2014   18:01 Jun 12, 2018   Jkt 244001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\13JNN1.SGM   13JNN1



Document Created: 2018-06-12 23:59:34
Document Modified: 2018-06-12 23:59:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of an incidental harassment authorization.
DatesThis Authorization is applicable from June 1, 2018 through May 31, 2019.
ContactRob Pauline, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation83 FR 27548 
RIN Number0648-XG06

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR