83 FR 28824 - 2018 Revision to Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing-Underwater Acoustic Thresholds for Onset of Permanent and Temporary Threshold Shifts
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 120 (June 21, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 120 (June 21, 2018)
| Page Range | 28824-28826 | |
| FR Document | 2018-13313 |
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)] [Notices] [Pages 28824-28826] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13313] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC969 2018 Revision to Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing--Underwater Acoustic Thresholds for Onset of Permanent and Temporary Threshold Shifts AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Per approval of the Secretary of Commerce, The National Marine Fisheries Service (NMFS) announces the availability of the 2018 Revision (NOAA Technical Memorandum NMFS-OPR-59) to its 2016 Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing--Underwater Acoustic Thresholds for Onset of Permanent and Temporary Threshold Shifts (Technical Guidance or Guidance) based on comments received during the review of the Guidance pursuant to section 10 of Presidential Executive Order, Implementing an America- First Offshore Energy Strategy (April 28, 2017). ADDRESSES: The 2018 Revision to the Technical Guidance (NOAA Technical Memorandum NMFS-OPR-59) is available in electronic form via the internet at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. FOR FURTHER INFORMATION CONTACT: Amy R. Scholik-Schlomer, Office of Protected Resources, 301-427-8449, [email protected]. SUPPLEMENTARY INFORMATION: Presidential Executive Order (E.O.) 13795, Implementing an America- First Offshore Energy Strategy (82 FR 20815; April 28, 2017), states in section 2 that ``It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain [[Page 28825]] the Nation's position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible.'' Among the requirements of E.O. 13795 is section 10, which called for a review of NMFS' Technical Guidance as follows: ``The Secretary of Commerce shall review [NMFS' Technical Guidance] for consistency with the policy set forth in Section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appropriate.'' The 2016 Technical Guidance referred to in E.O. 13795 is a technical document that compiles, interprets, and synthesizes scientific literature to produce updated received levels, or acoustic thresholds, above which individual marine mammals under NMFS' jurisdiction are predicted to experience changes in their hearing sensitivity (either temporary or permanent) for all underwater human- made sound sources. It is intended for use by NMFS analysts and managers and other relevant user groups and stakeholders, including other Federal agencies, when seeking to determine whether and how their activities are expected to result in hearing impacts to marine mammals via acoustic exposure. The Technical Guidance helps evaluate a proposed activity within a comprehensive effects analysis. It can inform decisions related to mitigation and monitoring requirements, but it does not mandate any specific mitigation. The Technical Guidance does not address or change NMFS' application of standards in the regulatory context, under applicable statutes, and does not create or confer any rights for or on any person, or operate to bind the public (i.e., the use of the Technical Guidance is not mandatory). The Office of Management and Budget previously classified the Technical Guidance as a Highly Influential Scientific Assessment (HISA). As such, the document underwent three independent peer reviews, at three different stages its development, including a follow-up to one of the peer reviews, prior to its dissemination by NMFS in 2016. Details of each peer review are included within the Technical Guidance (Appendix C), and specific peer reviewer comments and NMFS' responses are at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. In addition to three independent peer reviews, there were three public comment periods. The Federal Register Notice of Availability for the 2016 Guidance (81 FR 51694; August 4, 2016) summarizes substantive public comments and NMFS' responses. Review Under E.O. 13795 To assist the Secretary of Commerce in the review of the Technical Guidance for consistency with the policy in section 2 of E.O. 13795, NMFS solicited public comment via a 45-day public comment period (82 FR 24950; May 31, 2017). Additionally, on September 25, 2017, NMFS hosted an Interagency Consultation meeting with representatives from the Bureau of Ocean Energy Management (BOEM), Department of State, Federal Highway Administration, Marine Mammal Commission, National Park Service, National Science Foundation, U.S. Air Force, U.S. Army Corps of Engineers, U.S. Geological Survey, and U.S. Navy. During the public comment period, NMFS received 62 comments from Federal agencies (Bureau of Ocean Energy Management, U.S. Navy, and Marine Mammal Commission), oil and gas industry representatives, Members of Congress, subject matter experts, non-governmental organizations, and members of the public. Most of the comments (85%) recommended no changes to the Technical Guidance. No public commenter suggested rescinding the Technical Guidance. The U.S. Navy, Marine Mammal Commission, Members of Congress, and subject matter experts expressed support for the Technical Guidance's auditory injury thresholds as reflecting the best available science. The remaining comments (15%) focused on additional scientific publications for consideration or recommended revisions to improve implementation of the Technical Guidance. At the Federal Interagency Consultation meeting, none of the Federal agencies recommended rescinding the Technical Guidance. They expressed support for the Technical Guidance's auditory injury thresholds and the science behind their derivation. Comments received at the meeting focused on improvements to implementation of the Technical Guidance. During both the public comment period and the Interagency meeting, three key topic areas were raised: (1) The limited scientific data on the impacts of sound on baleen whale hearing; (2) the need to determine accurate sound exposure durations for all species of marine mammals; and (3) the need to improve the Technical Guidance's optional User Spreadsheet tool. Commenters also encouraged the agency to establish working groups to address these data gaps and future needs. 2018 Revisions to Technical Guidance In response to the feedback received during the public comment period and the Interagency meeting, NMFS has improved the Technical Guidance and updated User Spreadsheet tool in several ways. Since none of the public commenters or Federal agencies offered additional scientific data to modify the auditory injury thresholds, including those for baleen whales, no changes are warranted on that topic at this time. Nevertheless, NMFS plans to convene a working group later in 2018 to continue to examine and refine the auditory injury thresholds for baleen whales as more scientific data become available. Also, since none of the public commenters or Federal agencies offered additional scientific data to modify the sound exposure durations for all species of marine mammals, no specific changes are warranted on that topic at this time either. Nevertheless, NMFS plans to convene a working group later in 2018 to evaluate sound exposure durations to determine whether revisions are appropriate for future updates of the Technical Guidance based on any new information. To help applicants implement the Technical Guidance and optional User Spreadsheet tool, NMFS has: (a) Drafted a new User Manual for the optional User Spreadsheet that provides more detailed instructions and examples on how to use it and plans to submit this User Manual for public comment later in 2018 to gain input from stakeholders and inform future versions of this manual; (b) modified the optional User Spreadsheet to provide additional capabilities to assess auditory injury thresholds; (c) modified the current optional User Spreadsheet tool to facilitate assessing auditory injury thresholds for commonly used sound source; (d) modified the Technical Guidance to be more reflective of an updated international standard specifically developed for underwater acoustics that became available after the documents finalization in 2016; (e) included a summary and preliminary analysis of relevant scientific literature published since the 2016 Technical Guidance's finalization; and (f) updated the Technical Guidance to include the Navy's finalized version of their 2016 Technical Report that was used to derive the Technical Guidance's auditory injury thresholds. The 2018 Revision to the Technical Guidance (NOAA Technical [[Page 28826]] Memorandum NMFS-OPR-59) with the updated User Spreadsheet tool and the new companion User Manual is available in electronic form via the internet at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. Dated: June 18, 2018. Elaine T. Saiz, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-13313 Filed 6-20-18; 8:45 am] BILLING CODE 3510-22-P
![28824 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
and their habitat, and taking into Office (GARFO), whenever we propose mentioned mitigation, monitoring, and
consideration the implementation of the to authorize take for endangered or reporting requirements are incorporated.
monitoring and mitigation measures, threatened species. Dated: June 15, 2018.
NMFS finds that the total marine The NMFS Office of Protected Donna S. Wieting,
mammal take from the specified activity Resources is authorizing the incidental Director, Office of Protected Resources,
will have a negligible impact on all take of four species of marine mammals National Marine Fisheries Service.
affected marine mammal species or which are listed under the ESA: The [FR Doc. 2018–13279 Filed 6–20–18; 8:45 am]
stocks. North Atlantic right, fin, sei, and sperm
BILLING CODE 3510–22–P
Small Numbers whale. BOEM consulted with NMFS
GARFO under section 7 of the ESA on
As noted above, only small numbers commercial wind lease issuance and
of incidental take may be authorized DEPARTMENT OF COMMERCE
site assessment activities on the Atlantic
under Section 101(a)(5)(D) of the MMPA Outer Continental Shelf in National Oceanic and Atmospheric
for specified activities other than Massachusetts, Rhode Island, New York Administration
military readiness activities. The MMPA and New Jersey Wind Energy Areas. The
does not define small numbers and so, RIN 0648–XC969
NMFS GARFO issued a Biological
in practice, where estimated numbers
Opinion concluding that these activities 2018 Revision to Technical Guidance
are available, NMFS compares the
may adversely affect but are not for Assessing the Effects of
number of individuals taken to the most
likely to jeopardize the continued Anthropogenic Sound on Marine
appropriate estimation of abundance of
existence of the North Atlantic right, fin, Mammal Hearing—Underwater
the relevant species or stock in our
and sperm whale. The Biological Acoustic Thresholds for Onset of
determination of whether an
Opinion can be found online at: Permanent and Temporary Threshold
authorization is limited to small
www.fisheries.noaa.gov/national/ Shifts
numbers of marine mammals.
marine-mammal-protection/incidental-
Additionally, other qualitative factors AGENCY: National Marine Fisheries
take-authorizations-other-energy-
may be considered in the analysis, such Service (NMFS), National Oceanic and
activities-renewable. Upon request from
as the temporal or spatial scale of the Atmospheric Administration (NOAA),
the NMFS Office of Protected Resources,
activities. Commerce.
the NMFS GARFO will issue an
The numbers of marine mammals that
amended incidental take statement ACTION: Notice.
we authorize to be taken, for all species
associated with this Biological Opinion
and stocks, would be considered small SUMMARY: Per approval of the Secretary
to include the takes of the ESA-listed
relative to the relevant stocks or of Commerce, The National Marine
marine mammal species authorized
populations (less than 11 percent of Fisheries Service (NMFS) announces the
through this IHA.
each species and stock). See Table 6. availability of the 2018 Revision (NOAA
Based on the analysis contained herein National Environmental Policy Act Technical Memorandum NMFS–OPR–
of the proposed activity (including the 59) to its 2016 Technical Guidance for
mitigation and monitoring measures) To comply with the National
Environmental Policy Act of 1969 Assessing the Effects of Anthropogenic
and the anticipated take of marine Sound on Marine Mammal Hearing—
mammals, NMFS finds that small (NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO) Underwater Acoustic Thresholds for
numbers of marine mammals will be Onset of Permanent and Temporary
taken relative to the population size of 216–6A, NMFS must review our
proposed action (i.e., the issuance of an Threshold Shifts (Technical Guidance
the affected species or stocks. or Guidance) based on comments
incidental harassment authorization)
Unmitigable Adverse Impact Analysis with respect to potential impacts on the received during the review of the
and Determination human environment. Accordingly, Guidance pursuant to section 10 of
NMFS prepared an Environmental Presidential Executive Order,
There are no relevant subsistence uses Implementing an America-First Offshore
of the affected marine mammal stocks or Assessment (EA) and analyzed the
potential impacts to marine mammals Energy Strategy (April 28, 2017).
species implicated by this action.
that would result from the project, as ADDRESSES: The 2018 Revision to the
Therefore, NMFS has determined that
the total taking of affected species or well as from a similar project proposed Technical Guidance (NOAA Technical
stocks would not have an unmitigable by Garden State Offshore Energy (a Memorandum NMFS–OPR–59) is
adverse impact on the availability of subsidiary of Deepwater Wind) off the available in electronic form via the
such species or stocks for taking for coast of Delaware. A Finding of No internet at https://
subsistence purposes. Significant Impact (FONSI) was signed www.fisheries.noaa.gov/national/
on June 13, 2018. A copy of the EA and marine-mammal-protection/marine-
Endangered Species Act FONSI is available online at: mammal-acoustic-technical-guidance.
Section 7(a)(2) of the Endangered www.fisheries.noaa.gov/national/ FOR FURTHER INFORMATION CONTACT:
Species Act of 1973 (16 U.S.C. 1531 et marine-mammal-protection/incidental- Amy R. Scholik-Schlomer, Office of
seq.) requires that each Federal agency take-authorizations-other-energy- Protected Resources, 301–427–8449,
insure that any action it authorizes, activities-renewable. Amy.Scholik@noaa.gov.
funds, or carries out is not likely to SUPPLEMENTARY INFORMATION:
Authorization
jeopardize the continued existence of Presidential Executive Order (E.O.)
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any endangered or threatened species or NMFS has issued an IHA to 13795, Implementing an America-First
result in the destruction or adverse Deepwater Wind New England, LLC for Offshore Energy Strategy (82 FR 20815;
modification of designated critical conducting marine site characterization April 28, 2017), states in section 2 that
habitat. To ensure ESA compliance for surveys offshore of Rhode Island and ‘‘It shall be the policy of the United
the issuance of IHAs, NMFS consults Massachusetts and along potential States to encourage energy exploration
internally, in this case with the NMFS submarine cable routes, for a period of and production, including on the Outer
Greater Atlantic Regional Fisheries one year, provided the previously Continental Shelf, in order to maintain
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![Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28825
the Nation’s position as a global energy reviews, there were three public tool. Commenters also encouraged the
leader and foster energy security and comment periods. The Federal Register agency to establish working groups to
resilience for the benefit of the Notice of Availability for the 2016 address these data gaps and future
American people, while ensuring that Guidance (81 FR 51694; August 4, 2016) needs.
any such activity is safe and summarizes substantive public
2018 Revisions to Technical Guidance
environmentally responsible.’’ comments and NMFS’ responses.
Among the requirements of E.O. In response to the feedback received
13795 is section 10, which called for a Review Under E.O. 13795 during the public comment period and
review of NMFS’ Technical Guidance as To assist the Secretary of Commerce the Interagency meeting, NMFS has
follows: ‘‘The Secretary of Commerce in the review of the Technical Guidance improved the Technical Guidance and
shall review [NMFS’ Technical for consistency with the policy in updated User Spreadsheet tool in
Guidance] for consistency with the section 2 of E.O. 13795, NMFS solicited several ways. Since none of the public
policy set forth in Section 2 of this order public comment via a 45-day public commenters or Federal agencies offered
and, after consultation with the comment period (82 FR 24950; May 31, additional scientific data to modify the
appropriate Federal agencies, take all 2017). Additionally, on September 25, auditory injury thresholds, including
steps permitted by law to rescind or 2017, NMFS hosted an Interagency those for baleen whales, no changes are
revise that guidance, if appropriate.’’ Consultation meeting with warranted on that topic at this time.
The 2016 Technical Guidance referred representatives from the Bureau of Nevertheless, NMFS plans to convene a
to in E.O. 13795 is a technical document Ocean Energy Management (BOEM), working group later in 2018 to continue
that compiles, interprets, and Department of State, Federal Highway to examine and refine the auditory
synthesizes scientific literature to Administration, Marine Mammal injury thresholds for baleen whales as
produce updated received levels, or Commission, National Park Service, more scientific data become available.
acoustic thresholds, above which National Science Foundation, U.S. Air Also, since none of the public
individual marine mammals under Force, U.S. Army Corps of Engineers, commenters or Federal agencies offered
NMFS’ jurisdiction are predicted to U.S. Geological Survey, and U.S. Navy. additional scientific data to modify the
experience changes in their hearing During the public comment period, sound exposure durations for all species
sensitivity (either temporary or NMFS received 62 comments from of marine mammals, no specific changes
permanent) for all underwater human- Federal agencies (Bureau of Ocean are warranted on that topic at this time
made sound sources. It is intended for Energy Management, U.S. Navy, and either. Nevertheless, NMFS plans to
use by NMFS analysts and managers Marine Mammal Commission), oil and convene a working group later in 2018
and other relevant user groups and gas industry representatives, Members to evaluate sound exposure durations to
stakeholders, including other Federal of Congress, subject matter experts, non- determine whether revisions are
agencies, when seeking to determine governmental organizations, and appropriate for future updates of the
whether and how their activities are members of the public. Most of the Technical Guidance based on any new
expected to result in hearing impacts to comments (85%) recommended no information.
marine mammals via acoustic exposure. changes to the Technical Guidance. No To help applicants implement the
The Technical Guidance helps evaluate public commenter suggested rescinding Technical Guidance and optional User
a proposed activity within a the Technical Guidance. The U.S. Navy, Spreadsheet tool, NMFS has: (a) Drafted
comprehensive effects analysis. It can Marine Mammal Commission, Members a new User Manual for the optional User
inform decisions related to mitigation of Congress, and subject matter experts Spreadsheet that provides more detailed
and monitoring requirements, but it expressed support for the Technical instructions and examples on how to
does not mandate any specific Guidance’s auditory injury thresholds as use it and plans to submit this User
mitigation. The Technical Guidance reflecting the best available science. The Manual for public comment later in
does not address or change NMFS’ remaining comments (15%) focused on 2018 to gain input from stakeholders
application of standards in the additional scientific publications for and inform future versions of this
regulatory context, under applicable consideration or recommended manual; (b) modified the optional User
statutes, and does not create or confer revisions to improve implementation of Spreadsheet to provide additional
any rights for or on any person, or the Technical Guidance. capabilities to assess auditory injury
operate to bind the public (i.e., the use At the Federal Interagency thresholds; (c) modified the current
of the Technical Guidance is not Consultation meeting, none of the optional User Spreadsheet tool to
mandatory). Federal agencies recommended facilitate assessing auditory injury
The Office of Management and Budget rescinding the Technical Guidance. thresholds for commonly used sound
previously classified the Technical They expressed support for the source; (d) modified the Technical
Guidance as a Highly Influential Technical Guidance’s auditory injury Guidance to be more reflective of an
Scientific Assessment (HISA). As such, thresholds and the science behind their updated international standard
the document underwent three derivation. Comments received at the specifically developed for underwater
independent peer reviews, at three meeting focused on improvements to acoustics that became available after the
different stages its development, implementation of the Technical documents finalization in 2016; (e)
including a follow-up to one of the peer Guidance. included a summary and preliminary
reviews, prior to its dissemination by During both the public comment analysis of relevant scientific literature
NMFS in 2016. Details of each peer period and the Interagency meeting, published since the 2016 Technical
review are included within the three key topic areas were raised: (1) Guidance’s finalization; and (f) updated
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Technical Guidance (Appendix C), and The limited scientific data on the the Technical Guidance to include the
specific peer reviewer comments and impacts of sound on baleen whale Navy’s finalized version of their 2016
NMFS’ responses are at https:// hearing; (2) the need to determine Technical Report that was used to
www.fisheries.noaa.gov/national/ accurate sound exposure durations for derive the Technical Guidance’s
marine-mammal-protection/marine- all species of marine mammals; and (3) auditory injury thresholds.
mammal-acoustic-technical-guidance. the need to improve the Technical The 2018 Revision to the Technical
In addition to three independent peer Guidance’s optional User Spreadsheet Guidance (NOAA Technical
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![28826 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
Memorandum NMFS–OPR–59) with the Background of the Companion Manual for NOAA
updated User Spreadsheet tool and the Sections 101(a)(5)(A) and (D) of the Administrative Order 216–6A, which do
new companion User Manual is MMPA (16 U.S.C. 1361 et seq.) direct not individually or cumulatively have
available in electronic form via the the Secretary of Commerce (as delegated the potential for significant impacts on
internet at https:// to NMFS) to allow, upon request, the the quality of the human environment
www.fisheries.noaa.gov/national/ incidental, but not intentional, taking of and for which we have not identified
marine-mammal-protection/marine- small numbers of marine mammals by any extraordinary circumstances that
mammal-acoustic-technical-guidance. would preclude this categorical
U.S. citizens who engage in a specified
Dated: June 18, 2018. exclusion. Accordingly, NMFS has
activity (other than commercial fishing)
determined that the issuance of the IHA
Elaine T. Saiz, within a specified geographical region if
qualifies to be categorically excluded
Acting Deputy Director, Office of Protected certain findings are made and either
from further NEPA review.
Resources, National Marine Fisheries Service. regulations are issued or, if the taking is
[FR Doc. 2018–13313 Filed 6–20–18; 8:45 am] limited to harassment, a notice of a Summary of Request
BILLING CODE 3510–22–P authorization is provided to the public On January 22, 2018, NMFS received
for review. a request from WETA for an IHA to take
An authorization for incidental marine mammals incidental to
DEPARTMENT OF COMMERCE takings shall be granted if NMFS finds expansion and improvements at the
that the taking will have a negligible downtown San Francisco ferry terminal.
National Oceanic and Atmospheric impact on the species or stock(s), will The application was determined to be
Administration not have an unmitigable adverse impact adequate and complete on April 10,
on the availability of the species or 2018. WETA’s request was for take of
RIN 0648–XG132 stock(s) for subsistence uses (where seven species of marine mammals by
relevant), and if the permissible Level A and Level B harassment. This
Takes of Marine Mammals Incidental to
methods of taking and requirements authorization is valid from June 1, 2018
Specified Activities; Taking Marine
pertaining to the mitigation, monitoring to May 31, 2019. Neither WETA nor
Mammals Incidental to the South Basin
and reporting of such takings are set NMFS expect serious injury or mortality
Improvements Project at the San
forth. to result from this activity and,
Francisco Ferry Terminal
NMFS has defined ‘‘negligible therefore, an IHA is appropriate.
AGENCY: National Marine Fisheries impact’’ in 50 CFR 216.103 as an impact NMFS previously issued an IHA to
Service (NMFS), National Oceanic and resulting from the specified activity that WETA for similar work (82 FR 29521;
Atmospheric Administration (NOAA), cannot be reasonably expected to, and is June 29, 2017). WETA complied with all
Commerce. not reasonably likely to, adversely affect the requirements (e.g., mitigation,
ACTION: Notice; Issuance of an Incidental the species or stock through effects on monitoring, and reporting) of the
Harassment Authorization. annual rates of recruitment or survival. previous IHA and information regarding
The MMPA states that the term ‘‘take’’ their monitoring results may be found in
SUMMARY: In accordance with the means to harass, hunt, capture, kill or the ‘‘Estimated Take’’ section.
regulations implementing the Marine attempt to harass, hunt, capture, or kill
Description of Activity
Mammal Protection Act (MMPA) as any marine mammal.
amended, notification is hereby given Except with respect to certain WETA is planning to expand berthing
that NMFS has issued an incidental activities not pertinent here, the MMPA capacity at the Downtown San
harassment authorization (IHA) to the defines ‘‘harassment’’ as any act of Francisco Ferry Terminal, located at the
San Francisco Bay Area Water pursuit, torment, or annoyance which (i) San Francisco Ferry Building, to
Emergency Transportation Authority has the potential to injure a marine support existing and future planned
(WETA) to incidentally harass, by Level mammal or marine mammal stock in the water transit services operated on San
B harassment only, marine mammals wild (Level A harassment); or (ii) has Francisco Bay by WETA and WETA’s
during construction activities associated the potential to disturb a marine emergency operations. The Downtown
with the Downtown San Francisco Ferry mammal or marine mammal stock in the San Francisco Ferry Terminal
Terminal Expansion Project, South wild by causing disruption of behavioral Expansion Project includes the
Basin Improvements Project in San patterns, including, but not limited to, construction of three new water transit
Francisco, California. migration, breathing, nursing, breeding, gates and overwater berthing facilities,
DATES: This Authorization is effective feeding, or sheltering (Level B in addition to supportive landside
from June 1, 2018 through May 31, harassment). improvements, such as additional
2019. passenger waiting and queueing areas,
National Environmental Policy Act circulation improvements, and other
FOR FURTHER INFORMATION CONTACT: To comply with the National water transit-related amenities. The new
Amy Fowler, Office of Protected Environmental Policy Act of 1969 gates and other improvements would be
Resources, NMFS, (301) 427–8401. (NEPA; 42 U.S.C. 4321 et seq.) and designed to accommodate future
Electronic copies of the application and NOAA Administrative Order (NAO) planned water transit services between
supporting documents, as well as a list 216–6A, NMFS must review our action Downtown San Francisco and Antioch,
of the references cited in this document, (i.e., the issuance of an incidental Berkeley, Martinez, Hercules, Redwood
may be obtained online at: https:// harassment authorization) with respect City, Richmond, and Treasure Island, as
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www.fisheries.noaa.gov/national/ to potential impacts on the human well as emergency operation needs. The
marine-mammal-protection/incidental- environment. new gates will be constructed using 81
take-authorizations-construction- This action is consistent with steel piles, ranging in diameter from 24
activities. In case of problems accessing categories of activities identified in to 36 inches (in). All piles will be driven
these documents, please call the contact Categorical Exclusion B4 (incidental during the authorized in-water work
listed above. harassment authorizations with no window of June 1 to November 30,
SUPPLEMENTARY INFORMATION: anticipated serious injury or mortality) 2018.
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Document Created: 2018-06-21 01:22:53
Document Modified: 2018-06-21 01:22:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Amy R. Scholik-Schlomer, Office of Protected Resources, 301-427-8449, [email protected] | |
| FR Citation | 83 FR 28824 | |
| RIN Number | 0648-XC96 |
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