83 FR 29749 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction at the City Dock and Ferry Terminal, in Tenakee Springs, Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range		29749-29761
FR Document		2018-13591

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Alaska Department of Transportation and Public Facilities (ADOT&PF) to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with a city dock and ferry terminal improvement project in Tenakee Springs, Alaska.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29749-29761]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-13591]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF830

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Construction at the City Dock and
Ferry Terminal, in Tenakee Springs, Alaska

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

ACTION: Notice; Issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the Alaska Department of Transportation and Public Facilities (ADOT&PF)
to incidentally harass, by Level B harassment only, marine mammals
during construction activities associated with a city dock and ferry
terminal improvement project in Tenakee Springs, Alaska.

DATES: This Authorization is applicable from June 1, 2019 through May
31, 2020.

FOR FURTHER INFORMATION CONTACT: Jonathan Molineaux, 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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. 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 shall have a negligible impact on the species or
stock(s), shall 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 October 23, 2017, NMFS received a request from ADOT&PF for an
IHA to take marine mammals incidental to conducting improvements at the
Tenakee Springs city dock and ferry terminal, in Tenakee Springs,
Alaska. The application was considered adequate and complete on January
30, 2018. ADOT&PF's request is for take of seven species of marine
mammals by Level B harassment only. Neither ADOT&PF nor NMFS expect
mortality to result from this activity and, therefore, an IHA is
appropriate. The planned activity is not expected to exceed one year,
hence, we do not expect subsequent MMPA IHAs to be issued for this
particular activity.

[[Page 29750]]

Description of Activity

The ADOT&PF plans to make improvements to the Tenakee Springs Ferry
Terminal located in Tenakee Springs, Alaska, on Chichigof Island in
southeast Alaska (Figure 1-1 of the application). The facility is a
multi-function dock and active ferry terminal located in the center of
town (see Figure 1-2 and Figure 1-3 in application). The project's
activities that have the potential to take marine mammals include
vibratory and impact pile driving, drilling operations for pile
installation (down-hole hammer), and vibratory pile removal.
The purpose of the project is to replace the existing, aging
mooring and transfer structures nearing the end of their operational
life due to corrosion and wear with modern facilities that provide
improved operations for Alaska Marine Highway System (AMHS) ferry
vessels, as well as freight and fueling operators, servicing the
community of Tenakee Springs. Planned improvements include the
installation of new shore side facilities and marine structures and the
renovation of existing structures. This shall accommodate cargo and
baggage handling, vessel mooring, passenger and vehicle access
gangways, and re-establish existing electrical and fuel systems.
Improvements shall enhance public safety and security.
In-water project construction activities shall begin no sooner than
June 1, 2019. Pile installation and removal is expected to be completed
in 93 working days within a 4-month window beginning sometime after
June 1, 2019. Pile installation shall be intermittent and staggered
depending on weather, construction and mechanical delays, marine mammal
shutdowns, and other potential delays and logistical constraints. Given
the possibility of schedule delays and other unforeseen circumstances,
an IHA is being requested for a full year, from June 1, 2019 through
May 31, 2020.
A detailed description of the planned activities is provided in the
proposed IHA for this action found in the following Federal Register
notice (83 FR 12152, March 20, 2018). Since that time, the only
alteration that has been made to the planned activities is the addition
of two pile removals with a vibratory hammer. This additional activity
has no impact on the take numbers or duration of the project originally
in the Federal Register notice (83 FR 12152, March 20, 2018).
Therefore, a detailed description of the action 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 was published in the
Federal Register on March 20, 2018 (83 FR 12152). During the 30-day
public comment period, the Marine Mammal Commission (Commission)
submitted a letter on April 2, 2018. The Commission recommended that
NMFS issue the IHA, subject to inclusion of the mitigation, monitoring,
and reporting measures.
Comment 1: The Commission recommends NMFS (1) clarify that action
proponents should use linear averaging rather than simple arithmetic
means to estimate source levels both as reported in hydroacoustic
monitoring reports and for use in applications, (2) continue to require
that minimum, mean, median, and maximum values be reported in all
hydroacoustic monitoring reports, (3) base proxy source levels on
median rather than mean values and (4) continue to require action
proponents to use practical spreading unless site-specific transmission
loss data are available from the project site.
Response: At this moment, there are no studies or data that support
the use of either the linear mean, arithmetic mean, or median when
determining appropriate proxy source levels. However, NMFS is
considering the Commission's recommendation at this time and may choose
to use the linear mean or median proxy source levels for future
actions. In addition, NMFS shall continue to require the reporting of
minimum, mean, median, and maximum values in hydroacoustic monitoring
reports and the use of practical spreading when site-specific
transmission loss data are not available.
Comment 2: The Commission recommends NMFS promptly revise its draft
rounding criteria in order to share them with the Commission in a
timely manner
Response: NMFS appreciates the Commission's interest in this matter
and looks forward to further discussion.

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 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 website
(www.nmfs.noaa.gov/pr/species/mammals/). We provided a description of
the specified activity in our Federal Register notice announcing the
authorization (83 FR 12152; March 20, 2018). Since that time, it was
noted that the section detailing Steller sea lions did not include
updated non-pup counts conducted between October and March from 2004 to
2017 by the Alaska Department of Fish and Game at the Tenakee Cannery
Point haulout (the closest Steller sea lion haulout to the project
area). These counts averaged 140 individuals at the haulout (Jemison
2017, unpubl. data) which were reflected in the Estimated Take Section
of our Federal Register (83 FR 12152; March 20, 2018). All other
information within these sections remain the same. Please refer to that
document (83 FR 12152; March 20, 2018); we provide only a summary table
here (Table 1).

Table 1--Marine Mammals That Occur in the Project Area During the Specified Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stock abundance Nbest,
ESA/MMPA status; (CV, Nmin, most recent Annual M/
Common name Scientific name MMPA stock Strategic (Y/N) \1\ abundance survey) \2\ PBR SI \3\

--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale..................... Megaptera novaeangliae Central North Pacific. E, D,Y 10,103 (0.3, 7,890, 83 21
2006).

[[Page 29751]]

Minke whale........................ Balaenoptera Alaska................ -, N N.A................... N.A N.A.
acutorostrata.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale....................... Orcinus orca.......... Alaska Resident....... -, N 2,347 (N.A., 2,347, 23.4 1
2012) \4\.
West Coast Transient.. -, N 243 (N/A, 243, 2009) 2.4 1
\4\.
Northern Resident..... -, N 290 (N/A, 290, 2014) 1.96 0
\6\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocoenidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise.................... Phocoena phocoena..... Southeast Alaska...... -, Y 975 (0.10, 896, 2012) \5\ 8.9 \5\ 34
\5\.
Dall's porpoise.................... Phocoenoides dalli.... Alaska................ -, N 83,400................ N.A 38
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion................... Eumatopia jubatus..... Western U.S. \7\...... E, D, Y 50,983 (N.A., 50,983, 320 241
2016).
Eastern U.S........... -,-, N 41,638 (N/A, 41,638, 2,498 108
2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal........................ Phoca vitulina Glacier Bay/Icy Strait -, N 7,210 (N.A., 5,647, 169 104
richardii. 2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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 (N/A).
\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).
\4\ N is based on counts of individual animals identified from photo-identification catalogs.
\5\ In the SAR for harbor porpoise (NMFS 2017), NMFS identified population estimates and PBR for porpoises within inland Southeast Alaska waters (these
abundance estimates have not been corrected for g(0); therefore, they are likely conservative). The calculated PBR is considered unreliable for the
entire stock because it is based on estimates from surveys of only a portion (the inside waters of Southeast Alaska) of the range of this stock as
currently designated. The Annual M/SI is for the entire stock, including coastal waters.
\6\ Abundance estimates obtained from Towers et al. 2015.
\7\ Abundance, PBR, and Annual M/SI derived from draft 2017 SARs (Muto2017b).

Potential Effects of Specified Activities on Marine Mammals and Their
Habitat

The effect of stressors associated with the specified activities
(e.g., pile driving and drilling) has the potential to result in
behavioral harassment of marine mammals in the vicinity of the action
areas. The Federal Register notice for the proposed IHA (83 FR 12152;
March 20, 2018) included a discussion of the effects of such
disturbance on marine mammals, therefore that information is not
repeated here.
NMFS described potential impacts to marine mammal habitat in detail
in our Federal Register notice of proposed authorization (83 FR 12152;
March 20, 2018). In summary, the project activities are not expected to
modify existing marine mammal habitat. Because of the short duration of
the activities and the relatively small area of the habitat that may be
affected, the impacts to marine mammal habitat are not expected to
cause significant or long-term negative consequences for individual
marine mammals or their populations.

Estimated Take

This section provides an estimate of the number of incidental takes
for authorization through this IHA, which shall inform both NMFS'
consideration of whether the number of takes is ``small'' and the
negligible impact determination.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (Level A harassment);
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (Level B harassment).
Authorized takes are expected to be by Level B harassment only, in
the form of disruption of behavioral patterns for individual marine
mammals resulting from exposure to pile driving and drilling. Based on
the nature of the activity and the anticipated effectiveness of the
mitigation measures (i.e., shutdowns--discussed in detail below in
Mitigation section), Level A harassment is neither anticipated nor

[[Page 29752]]

authorized. As described previously, no mortality is anticipated or
authorized for this activity. Below we describe how the take is
estimated.
Described in the most basic way, we estimate take by considering:
(1) Acoustic thresholds above which NMFS believes the best available
science indicates marine mammals shall be behaviorally harassed or
incur some degree of permanent hearing impairment; (2) the area or
volume of water that shall be ensonified above these levels in a day;
(3) the density or occurrence of marine mammals within these ensonified
areas; and, (4) and the number of days of activities. Below, we
describe these components in more detail and present the take estimate.

Acoustic Thresholds

NMFS has developed acoustic thresholds that identify the received
level of underwater sound above which exposed marine mammals shall 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 decibels (dB) re 1 micro pascal ([mu]Pa) root
mean square (rms) for continuous (e.g., vibratory pile-driving,
drilling) and above 160 dB re 1 [mu]Pa (rms) for non-explosive
impulsive (e.g., seismic airguns and impact pile driving) sources.
ADOT&PF's activity includes the use of continuous (vibratory pile
driving and drilling) and impulsive (impact pile driving) sources, and
therefore the 120 and 160 dB re 1 [mu]Pa (rms) thresholds are
applicable.
Level A harassment for non-explosive sources--NMFS' Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing (Technical Guidance, 2016) identifies dual criteria to
assess auditory injury (Level A harassment) to five different marine
mammal groups (based on hearing sensitivity) because of exposure to
noise from two different types of sources (impulsive or non-impulsive).
These thresholds were developed by compiling and synthesizing the
best available science and soliciting input multiple times from both
the public and peer reviewers to inform the final product, and are
provided in Table 2 below. The references, analysis, and methodology
used in the development of the thresholds are described in NMFS' 2016
Technical Guidance, which may be accessed at: http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

Table 2--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds \1\ (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-frequency cetaceans................ Lpk,flat: 219 dB; LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-frequency cetaceans................ Lpk,flat: 230 dB; LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-frequency cetaceans............... Lpk,flat: 202 dB; LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (underwater).......... Lpk,flat: 218 dB; LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (underwater)......... Lpk,flat: 232 dB; LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
\1\ NMFS 2016.

Although ADOT&PF's construction activity includes the use of
impulsive (impact pile driving) and non-impulsive (vibratory pile
driving and drilling) sources, the shutdown zones set by the applicant
are large enough to ensure Level A harassment will be prevented. The
Level A harassment zones for the project are illustrated in Table 4.
The highest Level A harassment zones shown (176 meters for high-
frequency cetaceans and 148 meters for low-frequency cetaceans) are
less than the total distance of the largest shutdown zone (200 meters
for high- and low-frequency cetaceans). To assure the largest shutdown
zone can be fully monitored, protected species observers (PSOs) shall
be positioned in the possible best vantage points during all piling/
drilling activities to guarantee a shutdown if a high- and/or low-
frequency cetacean approaches or enters the 200-meter shutdown zone.
These measures are described in full detail below in the Mitigation and
Monitoring Sections.

Ensonified Area

Here, we describe operational and environmental parameters of the
activity that feeds into identifying the area ensonified above the
acoustic thresholds.
The sound field in the project area is the existing background
noise plus additional construction noise from the project. Marine
mammals are expected to be affected via sound generated by the primary
components of the project, i.e., impact pile driving, vibratory pile
driving, and vibratory pile removal. Vibratory hammers produce constant
sound when operating, and produce vibrations that liquefy the sediment
surrounding the pile, allowing it to penetrate to the required seating
depth. An impact hammer shall then generally be used to place the pile
at its intended depth. The actual durations of each installation method
vary depending on the type and size of the pile. An impact hammer is a
steel device that works like a piston, producing a series of
independent strikes to drive the pile. Impact hammering typically
generates the loudest noise associated with pile installation. Factors
that potentially minimize the potential impacts of pile installation
associated with the project include:
The relatively shallow waters in the project area (Taylor
et al., 2008);
Land forms around Tenakee Springs that shall block the
noise from spreading; and

[[Page 29753]]

Vessel traffic and other commercial and industrial
activities in the project area that contribute to elevated background
noise levels.
In order to calculate distances to the Level A and Level B sound
thresholds for piles of various sizes being used in this project, NMFS
used acoustic monitoring data from other locations (see Table 3). Note
that piles of differing sizes have different sound source levels.
Empirical data from recent ADOT&PF sound source verification (SSV)
studies at Ketchikan, Kodiak, and Auke Bay, Alaska were used to
estimate sound source levels (SSLs) for vibratory, impact, and drilling
installations of 30-inch steel pipe piles (MacGillivray et al., 2016,
Warner and Austin 2016b, Denes et al., 2016a, respectively). These
Alaskan construction sites were generally assumed to best represent the
environmental conditions found in Tenakee and represent the nearest
available source level data for 30-inch steel piles. Similarities among
the sites include thin layers of soft sediments overlying a bedrock
layer and comparable bedrock depths. However, the use of data from
Alaska sites was not appropriate in all instances. Details are
described below.
For vibratory driving of 24-inch steel piles, data from two Navy
project locations in the state of Washington were reviewed. These
include data from proxy sound source values at Navy installations in
Puget Sound (Navy, 2015) and along the waterfront at Naval Base Kitsap
(NBK), Bangor (Navy 2012). After assessing these two sources, ADOT&PF
selected an average source level of 161 dB rms, which NMFS concurs with
as an appropriate sound source. In addition, for a fourth project at
NBK, Bangor, construction crews drove 16-inch hollow steel piles with
measured levels similar to those for the 24-inch piles. Therefore, NMFS
elects to use 161 dB rms as a source level for vibratory driving of 18-
inch and 16-inch steel piles.
For vibratory driving of 14-inch steel and timber piles and 12.75-
inch steel piles, ADOT&PF suggested a source level of 155 dB rms, which
NMFS also concurs with. This source level was derived from summary data
pertaining to vibratory driving of 18-inch steel piles in Kake, Alaska
(MacGillivray 2015).
In their application, ADOT&PF derived source levels for impact
driving of 30-inch steel piles by averaging the individual mean values
associated with impact driving of the same size and type from Ketchikan
(Warner and Austin 2016a). Mean values from Ketchikan were the most
conservative dataset for 30-inch impact pile driving in Southeast
Alaska. The average mean value from this dataset was 194.7 dB rms and
180.8 dB sound exposure level (SEL).
For 24-inch impact pile driving, NMFS used data from a Navy (2015)
study of proxy sound source values for use at Puget Sound military
installations. The Navy study recommended a value of 193 dB rms and 181
dB SEL, which was derived from data generated by impact driving of 24-
inch steel piles at the Bainbridge Island Ferry Terminal Preservation
project and the Friday Harbor Restoration Ferry Terminal project. NMFS
found this estimated source level to be appropriate.
For impact driving of 20-, 18-, and 14-inch steel piles, ADOT&PF
used source levels of 186.6 dB, 158 dB, and 158 dB respectively. These
source levels were derived from Caltrans SSV studies at the Stockton
Wastewater Treatment Plant (20-inch) and Caltrans SSV studies at
Prichard Lake Pumping Plant in Sacramento, CA (18- and 14-inch)
(Caltrans 2015). In regards to the drilling activities, a source level
of 165 dB for all pile types originated from ADOT&PF SSV studies for
piling operations in Kodiak, Alaska (Warner and Austin 2016b).

Table 3--Estimates of Mean Underwater Sound Levels Generated During Vibratory and Impact Pile Installation,
Drilling, and Vibratory Pile Removal
----------------------------------------------------------------------------------------------------------------
Method and pile type Installation, Sound level at 10 meters
------------------------------ removal, or ------------------------------------------------ Literature
Vibratory hammer proofing dB rms source
----------------------------------------------------------------------------------------------------------------
30-inch steel piles.......... Install......... 165.0 Derived from
Warner and
Austin 2016a &
Denes et al.
2016.
24-inch steel piles.......... Install......... 161.0 Navy 2012,
2015.
20-inch steel piles.......... Install......... 161.0 Navy 2012,
2015.
18-inch steel piles.......... Remove, Install. 161.0 Navy 2012,
2015.
16-inch steel piles.......... Remove.......... 161.0 Navy 2012,
2015.
14-inch steel piles.......... Remove.......... 155.0 MacGillivray et
al. 2015.
14-inch timber piles......... Remove, Install. 155.0 MacGillivray et
al. 2015.
12.75-inch steel piles....... Remove.......... 155.0 MacGillivray et
al. 2015.
----------------------------------------------------------------------------------------------------------------

Drilling dB rms
----------------------------------------------------------------------------------------------------------------
30-inch steel piles.......... Install......... 165.0 Derived from
Warner and
Austin 2016b.
24-inch steel piles.......... Install......... 165.0 Derived from
Warner and
Austin 2016b.
20-inch steel piles.......... Install......... 165.0 Derived from
Warner and
Austin 2016b.
18-inch steel piles.......... Install......... 165.0 Derived from
Warner and
Austin 2016b.
----------------------------------------------------------------------------------------------------------------

Impact hammer dB rms dB SEL dB peak
----------------------------------------------------------------------------------------------------------------
30-inch steel piles.......... Proofing........ 194.7 180.8 208.6 Warner and
Austin 2016a.
24-inch steel piles.......... Proofing........ 193.0 181.0 210.0 Navy 2015 (from
82 FR 31400).
20-inch steel piles.......... Proofing........ 186.5 175.5 207.0 Caltrans 2015.
18-inch steel piles.......... Proofing........ 158.0 .............. 174.0 Caltrans 2015.
14-inch timber piles......... Install......... 158.0 .............. 174.0 Caltrans 2015.
----------------------------------------------------------------------------------------------------------------

[[Page 29754]]

The formula below is used to calculate underwater sound
propagation. Transmission loss (TL) is the decrease in acoustic
intensity as an acoustic pressure wave propagates out from a source. TL
parameters vary with frequency, temperature, sea conditions, current,
source and receiver depth, water depth, water chemistry, and bottom
composition and topography. The general formula for underwater TL is:

TL = B * log 10 (R \1\/R \2\)
---------------------------------------------------------------------------

\1\ The distance of the modeled SPL from the driven pile.
\2\ The distance from the driven pile of the initial
measurement.

---------------------------------------------------------------------------
Where:

TL = transmission loss in dB
B = transmission loss coefficient; for practical spreading equals 15

NMFS typically recommends a default practical spreading loss of 15
dB per tenfold increase in distance. ADOT&PF analyzed the available
underwater acoustic data utilizing this metric.
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 shall 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 shall qualitatively address
the output where appropriate. For stationary sources such as pile
driving and drilling, NMFS' User Spreadsheet predicts the closest
distance at which, if a marine mammal remained at that distance the
whole duration of the activity, it shall not incur PTS. Inputs used in
the User Spreadsheet and the resulting isopleths are reported in Tables
3 and 4.

Table 4--Calculated Distances to Level A and Level B Harassment Isopleths During Pile Installation and Removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level A harassment zone (meters) \1\ Level B
----------------------------------------------------------------- harassment
Piles Cetaceans Pinnipeds zone
installed ----------------------------------------------------------------- (meters),
Type of pile Activity or removed cetaceans
per day and
LF MF HF PW OW pinnipeds
\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory (120 dB)
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-inch steel....................... Install \4\............ 3 11 1 16 7 1 10,000
24-inch steel, 20-inch steel, 18- Install \4\............ 3 6 1 9 4 1 5,412
inch steel.
18-inch steel, 16-inch steel........ Remove \4\............. 10 13 2 19 8 1 5,412
14-inch steel, 14-inch timber, 12.75- Remove \5\............. 10 5 1 8 3 1 2,154
inch steel.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling (120 dB)
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-inch steel, 20-inch steel........ Install \6\............ 3 55 5 81 34 3 10,000
24-inch steel, 18-inch steel........ Install \7\............ 3 42 4 62 26 2 10,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact (160 dB) 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-inch steel....................... Proofing............... 1 70 3 82 37 3 2,057
2 110 4 131 59 5
3 144 6 171 77 6
24-inch steel....................... Proofing............... 1 71 3 85 38 3 1,585
2 113 4 135 61 5
3 148 6 176 79 6
20-inch steel....................... Proofing............... 3 64 3 76 34 3 584
18-inch steel....................... Proofing............... 3 <1 <1 <1 <1 <1 7
14-inch timber...................... Install................ 10 1 <1 2 <1 <1 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A Isopleths Calculated Using NMFS' 2016 Acoustic User Spreadsheet. Source level set at a distance of 10 Meters, a weighting factor adjustment
of 2 kHz for impulse sources and 2.5 kHz for continuous sources, and a propagation loss value of 15 LogR.
\2\ Level B Isopleths Calculated using Practical Spreading Loss Model. Source level set at a distance of 10 meters and and a propagation loss value of
15 LogR.
\3\ 30 Strikes per pile.
\4\ 45 minute activity duration.
\5\ 2.5 hour activity duration.
\6\ 9 hour activity duration.
\7\ 6 hour activity duration.

[[Page 29755]]

Pulse duration from the SSV studies described above are unknown.
However, all necessary parameters were available for the
SELcum (cumulative Single Strike Equivalent) method for
calculating isopleths for 30-inch, 24-inch, and 20-inch impact piles.
Therefore, this method was selected for those piles. To account for
potential variations in daily productivity during impact installation,
isopleths were calculated for different numbers of piles that shall be
installed each day (see Table 4). Should the contractor expect to
install fewer piles in a day than the maximum anticipated, a smaller
Level A shutdown zone shall be employed to monitor take.
To derive Level A harassment isopleths associated with impact
driving 30-inch steel piles, ADOT&PF utilized a single strike SEL of
180.8 dB and assumed 30 strikes per pile for 1 to 3 piles per day. For
24-inch and 20-inch steel piles, ADOT&PF used a single strike SEL of
181 dB SEL and 175.5 SEL respectively, also assuming 30 strikes at a
rate of 1 to 3 piles per day. To calculate Level A harassment isopleths
associated with impact piling 18-inch and 14-inch steel/timber piles, a
source level (rms sound pressure level (SPL)) of 158 dB was used with a
pulse duration of .05 seconds.
To calculate Level A harassment for vibratory driving of 30-inch
piles, ADOT&PF utilized a source level (rms SPL) of 165 dB and assumed
45 minutes of driving per day. For installing 24, 20, and 18-inch
piles, ADOT&PF used a source level of 161 dB and assumed up to 45
minutes of driving per day. For removal of 18 and 16-inch piles,
ADOT&PF assumed use of 18-inch piles and used the same source level of
161 dB for up to 45 minutes. Level A harassment for the installation/
removal of piles 14-inches and under in diameter used a source level of
155 dB rms and assumed 2.5 hours of driving/removal a day. In regards
to Level A for drilling, a source level of 165 dB rms was used for all
pile types with varying levels of activity for each pile type (see
Tables 1 & 2 of the FR Notice (83 FR 12152; March 20, 2018) for
information on drilling duration and max number of piles drilled each
day). Results for all Level A isopleths are shown in Table 4. Isopleths
for Level B harassment associated with impact (160 dB) and vibratory
harassment (120 dB) were also calculated and are included in Table 4.
It is important to note that the actual area ensonified by pile
driving activities is constrained by local topography relative to the
total threshold radius (particularly for the Level B ensonified zones).
The actual ensonified area was determined using a straight line-of-
sight projection from the anticipated pile driving locations. Overall,
Level A harassment zones for impact installation are relatively small
because of the few strikes required to proof the piles. The maximum
aquatic areas ensonified within the Level A harassment isopleths do not
exceed 0.1 square kilometer (km\2\) (see Figures 6-1 and Figure 6-2 in
application). The corresponding areas of the Level B ensonified zones
for impact driving and vibratory installation/removal are shown in
Table 5 below.

Table 5--Calculated Areas Ensonified Within Level B Harassment Isopleths
During Pile Installation and Removal
------------------------------------------------------------------------
Level B
harassment zone
Type of pile Activity (km\2\),
cetaceans and
pinnipeds
------------------------------------------------------------------------
Vibratory (120 dB)
------------------------------------------------------------------------
30-inch steel.................... Install............ 78.9
24-, 20-, 18-, and 16-inch steel. Install............ 45.3
14-, 12.75-inch steel, and 14- Remove............. 7.3
inch timber.
------------------------------------------------------------------------
Drilling (120 dB)
------------------------------------------------------------------------
30-, 24-, 20-, and 18-inch steel. Install............ 78.9
------------------------------------------------------------------------
Impact (160 dB)
------------------------------------------------------------------------
30-inch steel.................... Proofing........... 6.7
24-inch steel.................... Proofing........... 4.0
20-inch steel.................... Proofing........... 0.6
18-inch steel.................... Proofing........... <0.1
14-inch timber................... Install............ <0.1
------------------------------------------------------------------------

Marine Mammal Occurrence and Final Take Estimates

In this section we provide the information about the presence,
density, or group dynamics of marine mammals that shall inform the take
calculations. Potential exposures to impact and vibratory pile driving
noise for each threshold were estimated using local marine mammal
density datasets where available and local observational data. As
previously stated, only Level B take shall be considered for this
action as Level A take shall be avoided via mitigation (i.e.,
shutdown). Each shutdown zone fully covers the extent of each
corresponding Level A zone for all piling and drilling activities (See
Tables 4 and 6). Level B take is calculated differently for some
species based on differences in density, year-round habitat use, and
other contextual factors. See below for specific methodologies by
species.
Steller Sea Lions
Steller sea lion abundance in the project area is highly seasonal
in nature with sea lions being most active between October and March
(Figure 4-2). Level B exposure estimates are conservatively based on
the average winter (October to March) abundance of 140 sea lions at the
Tenakee Cannery haulout, which is 8.9 km away from the project site
(Jemison, 2017, unpublished data). However, it is unlikely that the
entire Steller sea lion population from the Tenakee Cannery haulout
shall forage to the west near the Tenakee Springs ferry terminal.
Additionally, Steller sea lions do not generally forage every day, but
tend to forage every 1-2 days and return to haulouts to rest between
foraging trips (Merrick and

[[Page 29756]]

Loughlin 1997; Rehburg et al., 2009). Overall, this information
indicates that only half of the Steller sea lions at the Tenakee
Cannery haulout (i.e., average of 140 during winter) is likely to
approach the project site on any given day and be exposed to sound
levels that constitute behavioral harassment. As a result, an estimated
70 individuals is a conservative estimate of the number of Steller sea
lions likely to forage in the underwater behavioral harassment zone on
a given day. Therefore: 70 Steller sea lions per day * 93 days of
potential exposure = 6,510 potential exposures. Each of these exposures
will result in Level B take only, as Level A take is neither requested
nor authorized due to shutdown measures.
To assign take to the eastern distinct population segment (eDPS)
and western DPS (wDPS) stocks of Steller sea lions, data from
researchers at NMFS' Alaska Fisheries Science Center were used.
Researchers at NMFS' Alaska Fisheries Science Center state that roughly
17.8 percent of Steller sea lions at the Tenakee Cannery Point haulout
are members of the wDPS whereas 82.2 percent are from the eDPS (L.
Fritz, pers. comm; L. Fritz, unpublished data). Therefore, it is
estimated that only 1,159 takes (17.8 percent of 6,510) have the
potential to occur for wDPS Steller sea lions and 5,351 (82.2 percent
of 6,510) takes have the potential to occur for eDPS Steller sea lions.
In addition, since there is only an average of 140 Steller sea lions
located at the Tenakee Cannery haulout, it is predicted that only 115
(82.2 percent of 140) individuals from the eDPS and 25 (17.8 percent of
140) individuals from the wDPS have the potential to be harassed.
Harbor Seals
Harbor seals are non-migratory; therefore, the exposure estimates
are not dependent on season. We anticipate Level B harbor seal take to
be relatively high, given the presence of three established haulouts
within the largest (10 km) Level B harassment zone of the project site.
The best available abundance estimate for Tenakee Inlet is 259
individual harbor seals (London, J., pers. comm.).
The number of harbor seals that could potentially be exposed to
elevated sound levels for the project was estimated by calculating
density * area * number of days of activity. The total density of
harbor seals in Tenakee inlet is approximately 1.11 animals per km\2\
(259 harbor seals/233.35 km\2\ of available habitat in Tenakee Inlet).
However, the action area is equivalent to 78.9 km\2\. Therefore: 1.11
harbor seals per km\2\ * 78.9 km\2\ * 93 days of potential exposure =
8,144 potential exposures. Each of these exposures will result in Level
B take only, as Level A take is neither requested nor authorized due to
shutdown measures.
Harbor Porpoises
Harbor porpoises are non-migratory; therefore, our exposure
estimates are not dependent on season. Harbor porpoise surveys
conducted in southeast Alaska during the summers of 1991-1993, 2006,
2007, and 2010-2012 included Chatham Strait (near the action area). The
average density estimate for all survey years in Chatham Strait was
0.013 harbor porpoise per square km (Dahlheim et al., 2015). Surveys in
1997, 1998, and 1999 reported an average harbor porpoise density of
.033 per square km in Southeast Alaska (Hobbs and Waite 2010). Based
density estimates from Hobbs and Waite (2010), a more conservative
density estimate, we estimate that approximately 2.6 (.033 * 78.9)
harbor porpoises could occur daily within the 78.9 square km Level B
harassment zone. Therefore: 2.6 harbor porpoises per day * 93 days of
potential exposure = 242 potential exposures. Each of these exposures
will result in Level B take only, as Level A take is neither requested
nor authorized due to shutdown measures.
Dall's Porpoises
Dall's porpoise are non-migratory; therefore, our exposure
estimates are not dependent on season. Based on anecdotal evidence
citing rare occurrences of the species in the action area, we
anticipate approximately one observation of a Dall's porpoise pod in
the Level B harassment zone each week during construction (Lewis, S.,
pers. comm.). Based on an average pod size of 3.7 (Wade et al., 2003),
we estimate 49 Dall's porpoise could be exposed to Level B harassment
noise during the 93 day construction period (i.e., 3.7 individuals per
week * 13.2 weeks of potential exposure = 48.84 (rounded up to 49)
total potential exposures). Each of these exposures will result in
Level B take only, as Level A take is neither requested nor authorized
due to shutdown measures.
Killer Whales
Local marine mammal experts indicate that approximately one killer
whale pod is observed in Tenakee Inlet each month, year-round (Lewis,
S., pers. comm.). It is assumed that all three killer whale stocks are
equally likely to occur in the area because no data exist on relative
abundance of the three stocks in Tenakee Inlet. The exposure estimate
is conservatively based on a resident pod size, which has been
quantified and is known to be a larger than other stocks. Resident
killer whales occur in a mean group size of 19.3 during the fall in
southeast Alaska (Dahlheim et al., 2009). Therefore, we assume that a
total of approximately 60 killer whales could be exposed to Level B
harassment over the course of the project (i.e., (19.3 individuals per
pod * 1 pods per month) * 3.1 months = 59.83 (rounded up to 60)). Since
there are no data that exist for killer whale stocks in Tenakee Inlet,
60 Level B takes were applied to each stock. Each of these exposures
will result in Level B take only, as Level A take is neither requested
nor authorized due to shutdown measures.
Humpback Whales
Humpback whales are present in Tenakee Inlet year-round. Local
experts indicate that as many as 12 humpback whales are present on some
days from spring through fall, with lower numbers during the winter (S.
Lewis and M. Dahlheim, pers. comm.). We conservatively estimate that
half of those, or six individuals on average, could be exposed to Level
B harassment during each day of pile installation and removal,
therefore: 6 humpback whales per day * 93 days of exposure = 558
potential exposures. Each of these exposures will result in Level B
take only, as Level A take is neither requested nor authorized due to
shutdown measures.
Minke Whales
Minke whales may be present in Tenakee Inlet year-round. Their
abundance throughout southeast Alaska is very low, and anecdotal
reports have not included minke whales near the project area. However,
minke whales are distributed throughout a wide variety of habitats and
could occur near the project area. Therefore, we conservatively
estimate that one minke whale could be exposed to Level B harassment
each month during construction or a total of three minke whales during
the 93-day construction period. Each of these exposures will result in
Level B take only, as Level A take is neither requested nor authorized
due to shutdown measures.

Mitigation Measures

In order to issue an IHA under Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable impact on
such species or stock and its habitat, paying particular attention to
rookeries, mating

[[Page 29757]]

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 shall 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.
In addition to the measures described later in this section,
ADOT&PF shall employ the following standard mitigation measures:
Conduct briefings between construction supervisors and
crews and the marine mammal monitoring team prior to the start of all
pile driving activity, and when new personnel join the work, to explain
responsibilities, communication procedures, marine mammal monitoring
protocol, and operational procedures;
For in-water heavy machinery work other than pile driving
(e.g., standard barges, tug boats), 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. This
type of work could include the following activities: (1) Movement of
the barge to the pile location; or (2) positioning of the pile on the
substrate via a crane (i.e., stabbing the pile);
Work may only occur during daylight hours, when visual
monitoring of marine mammals can be conducted;
For those marine mammals for which Level B take has not
been requested, in-water pile installation/removal and drilling shall
shut down immediately when the animals are sighted;
If Level B take reaches the authorized limit for an
authorized species, pile installation shall be stopped as these species
approach the Level B zone to avoid additional take of them.
The following measures shall apply to ADOT&PFs mitigation
requirements:
Establishment of Shutdown Zone for Level A--For all pile driving/
removal and drilling activities, ADOT&PF shall establish a shutdown
zone. The purpose of a shutdown zone is generally to define an area
within which shutdown of activity shall occur upon sighting of a marine
mammal (or in anticipation of an animal entering the defined area). For
all in-water heavy machinery activities, a 10 meter shutdown zone will
be required. In addition, during impact installation of 24-inch and 30-
inch steel piles at a frequency of 2 or 3 piles per day, PSOs shall
implement a 200-meter shutdown zone for Dall's porpoises, minke whales,
and humpback whales (low- and high-frequency cetaceans). The placement
of PSOs during all pile driving and drilling activities (described in
detail in the Monitoring and Reporting Section) shall ensure that each
shutdown zone is visible during pile driving and drilling activities.
All shutdown zones, with their corresponding sound source type are
presented in Table 6 below.

Table 6 Shutdown Zones for Various Pile Driving/Drilling Activities for Marine Mammal Hearing Groups
----------------------------------------------------------------------------------------------------------------
Shutdown zone radii (meters)
-------------------------------------------------------------------------------
Sound source type High-
Low-frequency Mid-frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
1--Vibratory pile driving/ 100 100 100 50 50
removal, drilling, and impact
pile driving (all impact
pilling activities not
expressed in the column
directly below)................
Impact Installation of 24-inch 200 100 200 100 100
and 30-inch steel piles at a
frequency of two or three piles
per day........................
3--In Water Heavy Machinery 10 10 10 10 10
Activities (Non pile driving
and drilling activities).......
----------------------------------------------------------------------------------------------------------------

Establishment of Monitoring Zones for Level B--ADOT&PF shall
establish Level B disturbance zones or zones of influence (ZOI) 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 drilling. 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
4. As shown, the largest Level B zone is equal to 78.9 km\2\, making it
impossible for the PSOs to view the entire harassment area. Due to
this, Level B exposures shall 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. For impact pile driving, contractors
shall be required to provide an initial set of strikes from the hammer
at 40 percent energy, each strike followed by no less than a 30-second
waiting period. This procedure shall be conducted a total of three
times before impact pile driving

[[Page 29758]]

begins. Soft Start is not required during vibratory pile driving and
removal activities.
Pre-Activity Monitoring--Prior to the start of daily in-water
construction activity, or whenever a break in pile driving of 30
minutes or longer occurs, the observer shall observe the shutdown and
monitoring zones for a period of 30 minutes. The shutdown zone shall be
cleared when a marine mammal has not been observed within the zone for
that 30-minute period. If a marine mammal is observed within the
shutdown zone, a soft-start cannot proceed until the animal has left
the zone or has not been observed for 30 minutes (for cetaceans) and 15
minutes (for pinnipeds). If the Level B harassment zone has been
observed for 30 minutes and non-permitted species are not present
within the zone, soft start procedures can commence and work can
continue even if visibility becomes impaired within the Level B zone.
When a marine mammal permitted for Level B take is present in the Level
B harassment zone, piling activities may begin and Level B take shall
be recorded. As stated above, if the entire Level B zone is not visible
at the start of construction, piling or drilling activities can begin.
If work ceases for more than 30 minutes, the pre-activity monitoring of
both the Level B and shutdown zone shall commence.

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 shall 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 for 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

Monitoring shall be conducted 30 minutes before, during, and 30
minutes after pile driving and removal activities. In addition,
observers shall record all incidents of marine mammal occurrence,
regardless of distance from activity, and shall document any behavioral
reactions in concert with distance from piles being driven or removed.
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.
PSOs shall be land-based observers. A primary PSO shall be placed
at the terminal where pile driving shall occur. A second observer shall
range the uplands on foot or by ATV via Tenakee Ave., and go from Grave
Point east of the harbor up and west of the project site to get a full
view of the Level A zone and as much of the Level B zone as possible.
PSOs shall scan the waters using binoculars, and/or spotting scopes,
and shall use a handheld GPS or range-finder device to verify the
distance to each sighting from the project site. All PSOs shall be
trained in marine mammal identification and behaviors and are required
to have no other project-related tasks while conducting monitoring. In
addition, monitoring shall be conducted by qualified observers, who
shall be placed at the best vantage point(s) practicable to monitor for
marine mammals and implement shutdown/delay procedures when applicable
by calling for the shutdown to the hammer operator. Qualified observers
are trained and/or experienced professionals, with the following
minimum qualifications:
Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target.
Independent observers (i.e., not construction personnel).
Observers must have their CVs/resumes submitted to and
approved by NMFS
Advanced education in biological science or related field
(i.e., undergraduate degree or
higher).Observers may substitute education or training for
experience.
Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience).
At least one observer must have prior experience working
as an observer.
Experience or training in the field identification of
marine mammals, including the identification of behaviors.
Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations.
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 and times when in-water construction
activities were suspended to avoid potential incidental injury from
construction sound of marine mammals observed within a defined shutdown
zone; and marine mammal behavior.
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 shall be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities. It shall include an overall description of work completed,
a narrative regarding marine mammal sightings, and associated PSO data
sheets. Specifically, the report must include:
Date and time that monitored activity begins or ends;
Construction activities occurring during each observation
period;
Weather parameters (e.g., percent cover, visibility);
Water conditions (e.g., sea state, tide state);

[[Page 29759]]

Species, numbers, and, if possible, sex and age class of
marine mammals;
Description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity;
Distance from pile driving activities to marine mammals
and distance from the marine mammals to the observation point;
Locations of all marine mammal observations; and
Other human activity in the area.
If no comments are received from NMFS within 30 days, the draft
final report shall 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,
such as an injury, serious injury or mortality, ADOT&PF shall
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 Alaska Regional Stranding Coordinator. The
report shall 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 shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with ADOT&PF to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. ADOT&PF shall not be able
to resume their activities until notified by NMFS via letter, email, or
telephone.
In the event that ADOT&PF 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),
ADOT&PF shall immediately report the incident to the Chief of the
Permits and Conservation Division, Office of Protected Resources, NMFS,
and the NMFS Alaska Stranding Hotline and/or by email to the Alaska
Regional Stranding Coordinator. The report shall include the same
information identified in the paragraph above. Activities shall be able
to continue while NMFS reviews the circumstances of the incident. NMFS
shall work with ADOT&PF to determine whether modifications in the
activities are appropriate.
In the event that ADOT&PF 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), ADOT&PF shall report the incident
to the Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, and the NMFS Alaska Stranding Hotline and/or
by email to the Alaska Regional Stranding Coordinator, within 24 hours
of the discovery. ADOT&PF shall provide photographs, video footage (if
available), or other documentation of the stranded animal sighting to
NMFS and the Marine Mammal Stranding Network.

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).
As stated in the mitigation section, shutdown zones equal to or
exceeding Level A isopleths shown in Table 4 shall be implemented, and
in this case, Level A take is not anticipated nor authorized.
Behavioral responses of marine mammals to pile driving and removal at
the ferry terminal, if any, are expected to be mild and temporary.
Marine mammals within the Level B harassment zone may not show any
visual cues they are disturbed by activities (as noted during
modification to the Kodiak Ferry Dock) or could become alert, avoid the
area, leave the area, or display other mild responses that are not
observable such as changes in vocalization patterns. Given the short
duration of noise-generating activities per day and that pile driving,
removal, and drilling shall occur for 93 days, any harassment shall be
temporary. In addition, the project was designed with relatively small-
diameter piles, which shall avoid the elevated noise impacts associated
with larger piles. In addition, there are no known biologically
important areas near the project zone that shall be moderately or
significantly impacted by the construction activities. The region of
Tenakee Inlet where the project shall take place is located in a
developed area with regular marine vessel traffic. Although there is a
harbor seal haulout approximately one km south of the project site, it
shall not be located within the project's Level B zone.
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.
There are no known biologically important areas within the
project area.
ADOT&PF shall implement mitigation measures such as
vibratory driving piles to the maximum extent practicable, soft-starts,
and shut downs.
Monitoring reports from similar work in Alaska have
documented little to no effect on individuals of the same species
impacted by the specified activities.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the
activity shall

[[Page 29760]]

have a negligible impact on all affected marine mammal species or
stocks.

Small Numbers

As noted above, only small numbers of incidental take may be
authorized under Section 101(a)(5)(D) of the MMPA for specified
activities other than military readiness activities. The MMPA does not
define small numbers and so, in practice, where estimated numbers are
available, NMFS compares the number of individuals taken to the most
appropriate estimation of abundance of the relevant species or stock in
our determination of whether an authorization is limited to small
numbers of marine mammals. Additionally, other qualitative factors may
be considered in the analysis, such as the temporal or spatial scale of
the activities.
Overall, ADOT&PF proposes 15,566 total Level B takes of these
marine mammals. Table 7 below shows take as a percent of population for
each of the species listed above.

Table 7--Summary of the Estimated Numbers of Marine Mammals Potentially Exposed to Level B Harassment Sound
Levels
----------------------------------------------------------------------------------------------------------------
Number of Number of
exposures to individuals
Level B potentially Stock Percent of
Species DPS/Stock harassment exposed to abundance population 1
total and by Level B
stock harassment
----------------------------------------------------------------------------------------------------------------
Steller sea lion.............. Eastern DPS..... 5,351 115 41,638 <0.3
Western DPS..... 1,159 25 53,303 <0.1
Harbor seal................... Glacier Bay/Icy 8,144 259 7,210 3.6
Strait.
Harbor porpoise............... Southeast Alaska 242 242 975 24.8
Dall's porpoise............... Alaska.......... 49 49 83,400 <0.1
Killer whale.................. West Coast 60 60 243 24.7
transient.
Alaska resident. 60 60 2,347 2.6
Northern 60 60 290 20.7
Resident.
Humpback whale................ Mexico DPS/ 558 558 10,103 5.5
Central North
Pacific.
Minke whale................... Alaska.......... 3 3 N/A N/A
---------------------------------------------------------------
Total..................... ................ 15,686 1,434 N/A N/A
----------------------------------------------------------------------------------------------------------------
\1\ The percent of population is based on the proportion of take that is expected to occur from each stock based
on abundance (see Table 1). Killer whale stocks are assumed to be equally likely to occur.
N/A: Not Applicable or no stock population assessment is available.

Table 7 presents the number of animals that could be exposed to
received noise levels causing Level B harassment for the work at the
Tenakee Springs Ferry Terminal. Our analysis shows that less than 25
percent of each affected stock could be taken by harassment. Therefore,
the numbers of animals authorized to be taken for all species shall be
considered small relative to the relevant stocks or populations even if
each estimated taking occurred to a new individual--an extremely
unlikely scenario. For harbor porpoise, the abundance estimates used in
the percentage of population were taken from inland Southeast Alaska
waters. These abundance estimates have not been corrected for g(0) and
are likely conservative, therefore it is expected for the percentage of
population that shall be taken to be overestimated. In addition, high
percentage totals for northern resident (20.7 percent) and western
transient (24.7 percent) killer whales were based on the possibility
that all 60 takes for killer whales shall occur for each stock, which
is a highly unlikely scenario.
Based on the analysis contained herein of the activity (including
the mitigation and monitoring measures) and the anticipated take of
marine mammals, NMFS finds that small numbers of marine mammals shall
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 shall
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes. The project is
not known to occur in an important subsistence hunting area. It is a
developed area with regular marine vessel traffic. However, ADOT&PF
plans to provide advanced public notice of construction activities to
reduce construction impacts on local residents, ferry travelers,
adjacent businesses, and other users of the Tenakee Springs ferry
terminal and nearby areas. This shall include notification to local
Alaska Native tribes that may have members who hunt marine mammals for
subsistence. Of the marine mammals considered in this IHA application,
only harbor seals are known to be used for subsistence in the project
area. If any tribes express concerns regarding project impacts to
subsistence hunting of marine mammals, further communication between
shall take place, including provision of any project information, and
clarification of any mitigation and minimization measures that may
reduce potential impacts to marine mammals.
Based on the description of the specified activity, the measures
described to minimize adverse effects on the availability of marine
mammals for subsistence purposes, and the mitigation and monitoring
measures, NMFS has determined that there shall not be an unmitigable
adverse impact on subsistence uses from ADOT&PF's activities.

Endangered Species Act (ESA)

Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally, in this case with NMFS' Alaska Regional
Office, whenever we propose to

[[Page 29761]]

authorize take for endangered or threatened species.
NMFS Alaska Region issued a Biological Opinion to NMFS Office of
Protected Resources which concluded the city dock and improvement
project is not likely to jeopardize the continued existence of WDPS
Steller sea lions or Mexico DPS humpback whales or adversely modify
critical habitat because none exists within the action area.

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 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.

Authorization

As a result of these determinations, we have issued an IHA to
ADOT&PF for conducting the described construction activities related to
city dock and ferry terminal improvements from June 1, 2019 through May
31, 2020 provided the previously described mitigation, monitoring, and
reporting requirements are incorporated.

Dated: June 20, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2018-13591 Filed 6-25-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29749

are currently due no later than July 10, This notice is issued and published the Secretary of Commerce (as delegated
2017. pursuant to section 733(c)(2) of the Act to NMFS) to allow, upon request, the
Section 733(b)(1)(A) of the Tariff Act and 19 CFR 351.205(f)(1). incidental, but not intentional, taking of
of 1930, as amended (the Act), requires Dated: June 20, 2018. small numbers of marine mammals by
Commerce to issue the preliminary Gary Taverman,
U.S. citizens who engage in a specified
determination in an LTFV investigation activity (other than commercial fishing)
Deputy Assistant Secretary for Antidumping
within 140 days after the date on which within a specified geographical region if
and Countervailing Duty Operations,
Commerce initiated the investigation. performing the non-exclusive functions and certain findings are made and either
However, section 733(c)(1) of the Act duties of the Assistant Secretary for regulations are issued or, if the taking is
permits Commerce to postpone the Enforcement and Compliance. limited to harassment, a notice of a
preliminary determination until no later [FR Doc. 2018–13672 Filed 6–25–18; 8:45 am] proposed authorization is provided to
than 190 days after the date on which BILLING CODE 3510–DS–P
the public for review.
Commerce initiated the investigation if: An authorization for incidental
(A) The petitioner makes a timely takings shall be granted if NMFS finds
request for a postponement; or (B) DEPARTMENT OF COMMERCE that the taking shall have a negligible
Commerce concludes that the parties impact on the species or stock(s), shall
concerned are cooperating, that the National Oceanic and Atmospheric not have an unmitigable adverse impact
investigation is extraordinarily Administration on the availability of the species or
complicated, and that additional time is stock(s) for subsistence uses (where
RIN 0648–XF830 relevant), and if the permissible
necessary to make a preliminary
determination. Under 19 CFR Takes of Marine Mammals Incidental to methods of taking and requirements
351.205(e), the petitioner must submit a pertaining to the mitigation, monitoring
Specified Activities; Taking Marine
request for postponement 25 days or and reporting of such takings are set
Mammals Incidental to Construction at
more before the scheduled date of the forth.
the City Dock and Ferry Terminal, in NMFS has defined ‘‘negligible
preliminary determination and must Tenakee Springs, Alaska impact’’ in 50 CFR 216.103 as an impact
state the reasons for the request.
AGENCY: National Marine Fisheries resulting from the specified activity that
Commerce will grant the request unless
Service (NMFS), National Oceanic and cannot be reasonably expected to, and is
it finds compelling reasons to deny the
Atmospheric Administration (NOAA), not reasonably likely to, adversely affect
request.5
Commerce. the species or stock through effects on
On June 11, 2018, Alliance Rubber Co. annual rates of recruitment or survival.
(the petitioner) submitted timely ACTION: Notice; Issuance of an incidental
harassment authorization. The MMPA states that the term ‘‘take’’
requests pursuant to section 703(c)(1)(A) means to harass, hunt, capture, kill or
of the Act and 19 CFR 351.205(e) to attempt to harass, hunt, capture, or kill
SUMMARY: In accordance with the
postpone the preliminary any marine mammal.
regulations implementing the Marine
determinations in these LTFV Except with respect to certain
Mammal Protection Act (MMPA) as
investigations.6 The petitioner stated activities not pertinent here, the MMPA
amended, notification is hereby given
that it requested postponement because defines ‘‘harassment’’ as any act of
that NMFS has issued an incidental
Commerce is still conducting its pursuit, torment, or annoyance which (i)
harassment authorization (IHA) to the
antidumping investigations, and has the potential to injure a marine
Alaska Department of Transportation
additional time is necessary for mammal or marine mammal stock in the
and Public Facilities (ADOT&PF) to
interested parties to respond to wild (Level A harassment); or (ii) has
incidentally harass, by Level B
additional requests from Commerce. the potential to disturb a marine
harassment only, marine mammals
For the reasons stated above and during construction activities associated mammal or marine mammal stock in the
because there are no compelling reasons with a city dock and ferry terminal wild by causing disruption of behavioral
to deny the petitioner’s request, improvement project in Tenakee patterns, including, but not limited to,
Commerce, in accordance with section Springs, Alaska. migration, breathing, nursing, breeding,
733(c)(1)(A) of the Act, is postponing feeding, or sheltering (Level B
DATES: This Authorization is applicable
the deadline for the preliminary harassment).
determinations by 50 days (i.e., 190 from June 1, 2019 through May 31,
days after the date on which these 2020. Summary of Request
investigations were initiated). As a FOR FURTHER INFORMATION CONTACT: On October 23, 2017, NMFS received
result, Commerce will issue its Jonathan Molineaux, Office of Protected a request from ADOT&PF for an IHA to
preliminary determinations no later Resources, NMFS, (301) 427–8401. take marine mammals incidental to
than August 29, 2018. In accordance Electronic copies of the application and conducting improvements at the
with section 735(a)(1) of the Act and 19 supporting documents, as well as a list Tenakee Springs city dock and ferry
CFR 351.210(b)(1), the deadline for the of the references cited in this document, terminal, in Tenakee Springs, Alaska.
final determinations of these may be obtained online at: https:// The application was considered
investigations will continue to be 75 www.fisheries.noaa.gov/national/ adequate and complete on January 30,
days after the date of publication of the marine-mammal-protection/incidental- 2018. ADOT&PF’s request is for take of
preliminary determinations, unless take-authorizations-construction- seven species of marine mammals by
postponed at a later date. activities. In case of problems accessing Level B harassment only. Neither
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these documents, please call the contact ADOT&PF nor NMFS expect mortality
5 See 19 CFR 351.205(e). listed above. to result from this activity and,
6 See letter from the petitioner, ‘‘Petition for the SUPPLEMENTARY INFORMATION: therefore, an IHA is appropriate. The
Imposition of Antidumping and Countervailing planned activity is not expected to
Duties on Rubber Bands from Thailand and China— Background exceed one year, hence, we do not
Petitioner’s Request for Postponement of the
Preliminary Determinations in the Antidumping Sections 101(a)(5)(A) and (D) of the expect subsequent MMPA IHAs to be
Duty Cases,’’ dated June 11, 2018. MMPA (16 U.S.C. 1361 et seq.) direct issued for this particular activity.

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29751

TABLE 1—MARINE MAMMALS THAT OCCUR IN THE PROJECT AREA DURING THE SPECIFIED ACTIVITY—Continued
ESA/MMPA Stock abundance
status; Nbest, (CV, Nmin, Annual
Common name Scientific name MMPA stock PBR M/SI 3
Strategic most recent
(Y/N) 1 abundance survey) 2

Minke whale .................. Balaenoptera Alaska ........................... -, N N.A ................................ N.A N.A.
acutorostrata.

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae

Killer whale .................... Orcinus orca ................. Alaska Resident ............ -, N 2,347 (N.A., 2,347, 23.4 1
2012) 4.
West Coast Transient ... -, N 243 (N/A, 243, 2009) 4 .. 2.4 1
Northern Resident ......... -, N 290 (N/A, 290, 2014) 6 .. 1.96 0

Family Phocoenidae

Harbor porpoise ............. Phocoena phocoena ..... Southeast Alaska .......... -, Y 975 (0.10, 896, 2012) 5 5 8.9 5 34

Dall’s porpoise ............... Phocoenoides dalli ........ Alaska ........................... -, N 83,400 ........................... N.A 38

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions)

Steller sea lion ............... Eumatopia jubatus ........ Western U.S. 7 .............. E, D, Y 50,983 (N.A., 50,983, 320 241
2016).
Eastern U.S. ................. -,-, N 41,638 (N/A, 41,638, 2,498 108
2015).

Family Phocidae (earless seals)

Harbor seal .................... Phoca vitulina richardii .. Glacier Bay/Icy Strait .... -, N 7,210 (N.A., 5,647, 169 104
2011).
1 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 ex-
ceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; N
min is the minimum
estimate of stock abundance. In some cases, CV is not applicable (N/A).
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).
4 N is based on counts of individual animals identified from photo-identification catalogs.
5 In the SAR for harbor porpoise (NMFS 2017), NMFS identified population estimates and PBR for porpoises within inland Southeast Alaska
waters (these abundance estimates have not been corrected for g(0); therefore, they are likely conservative). The calculated PBR is considered
unreliable for the entire stock because it is based on estimates from surveys of only a portion (the inside waters of Southeast Alaska) of the
range of this stock as currently designated. The Annual M/SI is for the entire stock, including coastal waters.
6 Abundance estimates obtained from Towers et al. 2015.
7 Abundance, PBR, and Annual M/SI derived from draft 2017 SARs (Muto2017b).

Potential Effects of Specified Activities relatively small area of the habitat that (i) has the potential to injure a marine
on Marine Mammals and Their Habitat may be affected, the impacts to marine mammal or marine mammal stock in the
The effect of stressors associated with mammal habitat are not expected to wild (Level A harassment); or (ii) has
the specified activities (e.g., pile driving cause significant or long-term negative the potential to disturb a marine
and drilling) has the potential to result consequences for individual marine mammal or marine mammal stock in the
in behavioral harassment of marine mammals or their populations. wild by causing disruption of behavioral
mammals in the vicinity of the action patterns, including, but not limited to,
Estimated Take
areas. The Federal Register notice for migration, breathing, nursing, breeding,
the proposed IHA (83 FR 12152; March This section provides an estimate of feeding, or sheltering (Level B
20, 2018) included a discussion of the the number of incidental takes for harassment).
effects of such disturbance on marine authorization through this IHA, which Authorized takes are expected to be
mammals, therefore that information is shall inform both NMFS’ consideration by Level B harassment only, in the form
not repeated here. of whether the number of takes is of disruption of behavioral patterns for
NMFS described potential impacts to ‘‘small’’ and the negligible impact individual marine mammals resulting
sradovich on DSK3GMQ082PROD with NOTICES

marine mammal habitat in detail in our determination. from exposure to pile driving and
Federal Register notice of proposed Harassment is the only type of take drilling. Based on the nature of the
authorization (83 FR 12152; March 20, expected to result from these activities. activity and the anticipated
2018). In summary, the project activities Except with respect to certain activities effectiveness of the mitigation measures
are not expected to modify existing not pertinent here, section 3(18) of the (i.e., shutdowns—discussed in detail
marine mammal habitat. Because of the MMPA defines ‘‘harassment’’ as any act below in Mitigation section), Level A
short duration of the activities and the of pursuit, torment, or annoyance which harassment is neither anticipated nor

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29752 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

authorized. As described previously, no received level, the onset of behavioral ADOT&PF’s activity includes the use
mortality is anticipated or authorized disturbance from anthropogenic noise of continuous (vibratory pile driving
for this activity. Below we describe how exposure is also informed to varying and drilling) and impulsive (impact pile
the take is estimated. degrees by other factors related to the driving) sources, and therefore the 120
Described in the most basic way, we source (e.g., frequency, predictability, and 160 dB re 1 mPa (rms) thresholds are
estimate take by considering: (1) duty cycle), the environment (e.g., applicable.
Acoustic thresholds above which NMFS bathymetry), and the receiving animals Level A harassment for non-explosive
believes the best available science (hearing, motivation, experience, sources—NMFS’ Technical Guidance
indicates marine mammals shall be demography, behavioral context) and for Assessing the Effects of
behaviorally harassed or incur some can be difficult to predict (Southall et Anthropogenic Sound on Marine
degree of permanent hearing al., 2007, Ellison et al., 2012). Based on Mammal Hearing (Technical Guidance,
impairment; (2) the area or volume of what the available science indicates and 2016) identifies dual criteria to assess
water that shall be ensonified above auditory injury (Level A harassment) to
the practical need to use a threshold
these levels in a day; (3) the density or five different marine mammal groups
based on a factor that is both predictable
occurrence of marine mammals within (based on hearing sensitivity) because of
and measurable for most activities, exposure to noise from two different
these ensonified areas; and, (4) and the
NMFS uses a generalized acoustic types of sources (impulsive or non-
number of days of activities. Below, we
describe these components in more threshold based on received level to impulsive).
detail and present the take estimate. estimate the onset of behavioral These thresholds were developed by
harassment. NMFS predicts that marine compiling and synthesizing the best
Acoustic Thresholds mammals are likely to be behaviorally available science and soliciting input
NMFS has developed acoustic harassed in a manner we consider Level multiple times from both the public and
thresholds that identify the received B harassment when exposed to peer reviewers to inform the final
level of underwater sound above which underwater anthropogenic noise above product, and are provided in Table 2
exposed marine mammals shall be received levels of 120 decibels (dB) re below. The references, analysis, and
reasonably expected to be behaviorally 1 micro pascal (mPa) root mean square methodology used in the development
harassed (equated to Level B (rms) for continuous (e.g., vibratory pile- of the thresholds are described in
harassment) or to incur PTS of some driving, drilling) and above 160 dB re 1 NMFS’ 2016 Technical Guidance, which
degree (equated to Level A harassment). mPa (rms) for non-explosive impulsive may be accessed at: http://
Level B Harassment for non-explosive (e.g., seismic airguns and impact pile www.nmfs.noaa.gov/pr/acoustics/
sources—Though significantly driven by driving) sources. guidelines.htm.

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds 1
(received level)
Hearing group
Impulsive Non-impulsive

Low-frequency cetaceans ................................................ Lpk,flat: 219 dB; LE,LF,24h: 183 dB .................................... LE,LF,24h: 199 dB.
Mid-frequency cetaceans ................................................. Lpk,flat: 230 dB; LE,MF,24h: 185 dB .................................... LE,MF,24h: 198 dB.
High-frequency cetaceans ............................................... Lpk,flat: 202 dB; LE,HF,24h: 155 dB .................................... LE,HF,24h: 173 dB.
Phocid Pinnipeds (underwater) ....................................... Lpk,flat: 218 dB; LE,PW,24h: 185 dB ................................... LE,PW,24h: 201 dB.
Otariid Pinnipeds (underwater) ........................................ Lpk,flat: 232 dB; LE,OW,24h: 203 dB ................................... LE,OW,24h: 219 dB.
1 NMFS 2016.

Although ADOT&PF’s construction frequency cetacean approaches or enters surrounding the pile, allowing it to
activity includes the use of impulsive the 200-meter shutdown zone. These penetrate to the required seating depth.
(impact pile driving) and non-impulsive measures are described in full detail An impact hammer shall then generally
(vibratory pile driving and drilling) below in the Mitigation and Monitoring be used to place the pile at its intended
sources, the shutdown zones set by the Sections. depth. The actual durations of each
applicant are large enough to ensure Ensonified Area installation method vary depending on
Level A harassment will be prevented. the type and size of the pile. An impact
Here, we describe operational and
The Level A harassment zones for the hammer is a steel device that works like
environmental parameters of the activity
project are illustrated in Table 4. The a piston, producing a series of
that feeds into identifying the area
highest Level A harassment zones independent strikes to drive the pile.
ensonified above the acoustic
shown (176 meters for high-frequency thresholds. Impact hammering typically generates
cetaceans and 148 meters for low- The sound field in the project area is the loudest noise associated with pile
frequency cetaceans) are less than the the existing background noise plus installation. Factors that potentially
total distance of the largest shutdown additional construction noise from the minimize the potential impacts of pile
zone (200 meters for high- and low- installation associated with the project
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project. Marine mammals are expected
frequency cetaceans). To assure the to be affected via sound generated by include:
largest shutdown zone can be fully the primary components of the project, • The relatively shallow waters in the
monitored, protected species observers i.e., impact pile driving, vibratory pile project area (Taylor et al., 2008);
(PSOs) shall be positioned in the driving, and vibratory pile removal.
possible best vantage points during all Vibratory hammers produce constant • Land forms around Tenakee Springs
piling/drilling activities to guarantee a sound when operating, and produce that shall block the noise from
shutdown if a high- and/or low- vibrations that liquefy the sediment spreading; and

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29753

• Vessel traffic and other commercial locations in the state of Washington were the most conservative dataset for
and industrial activities in the project were reviewed. These include data from 30-inch impact pile driving in Southeast
area that contribute to elevated proxy sound source values at Navy Alaska. The average mean value from
background noise levels. installations in Puget Sound (Navy, this dataset was 194.7 dB rms and 180.8
In order to calculate distances to the 2015) and along the waterfront at Naval dB sound exposure level (SEL).
Level A and Level B sound thresholds Base Kitsap (NBK), Bangor (Navy 2012). For 24-inch impact pile driving,
for piles of various sizes being used in After assessing these two sources, NMFS used data from a Navy (2015)
this project, NMFS used acoustic ADOT&PF selected an average source study of proxy sound source values for
monitoring data from other locations level of 161 dB rms, which NMFS use at Puget Sound military
(see Table 3). Note that piles of differing concurs with as an appropriate sound installations. The Navy study
sizes have different sound source levels. source. In addition, for a fourth project recommended a value of 193 dB rms
Empirical data from recent ADOT&PF at NBK, Bangor, construction crews and 181 dB SEL, which was derived
sound source verification (SSV) studies drove 16-inch hollow steel piles with from data generated by impact driving
at Ketchikan, Kodiak, and Auke Bay, measured levels similar to those for the of 24-inch steel piles at the Bainbridge
Alaska were used to estimate sound 24-inch piles. Therefore, NMFS elects to Island Ferry Terminal Preservation
source levels (SSLs) for vibratory, use 161 dB rms as a source level for project and the Friday Harbor
impact, and drilling installations of 30- vibratory driving of 18-inch and 16-inch Restoration Ferry Terminal project.
inch steel pipe piles (MacGillivray et al., steel piles. NMFS found this estimated source level
2016, Warner and Austin 2016b, Denes For vibratory driving of 14-inch steel to be appropriate.
et al., 2016a, respectively). These and timber piles and 12.75-inch steel For impact driving of 20-, 18-, and 14-
Alaskan construction sites were piles, ADOT&PF suggested a source inch steel piles, ADOT&PF used source
generally assumed to best represent the level of 155 dB rms, which NMFS also levels of 186.6 dB, 158 dB, and 158 dB
environmental conditions found in concurs with. This source level was respectively. These source levels were
Tenakee and represent the nearest derived from summary data pertaining derived from Caltrans SSV studies at the
available source level data for 30-inch to vibratory driving of 18-inch steel Stockton Wastewater Treatment Plant
steel piles. Similarities among the sites piles in Kake, Alaska (MacGillivray (20-inch) and Caltrans SSV studies at
include thin layers of soft sediments 2015). Prichard Lake Pumping Plant in
overlying a bedrock layer and In their application, ADOT&PF Sacramento, CA (18- and 14-inch)
comparable bedrock depths. However, derived source levels for impact driving (Caltrans 2015). In regards to the drilling
the use of data from Alaska sites was not of 30-inch steel piles by averaging the activities, a source level of 165 dB for
appropriate in all instances. Details are individual mean values associated with all pile types originated from ADOT&PF
described below. impact driving of the same size and type SSV studies for piling operations in
For vibratory driving of 24-inch steel from Ketchikan (Warner and Austin Kodiak, Alaska (Warner and Austin
piles, data from two Navy project 2016a). Mean values from Ketchikan 2016b).

TABLE 3—ESTIMATES OF MEAN UNDERWATER SOUND LEVELS GENERATED DURING VIBRATORY AND IMPACT PILE
INSTALLATION, DRILLING, AND VIBRATORY PILE REMOVAL
Method and pile type Installation, Sound level at 10 meters
removal, or Literature source
Vibratory hammer proofing dB rms

30-inch steel piles ........... Install .............................. 165.0 Derived from Warner and Austin
2016a & Denes et al. 2016.
24-inch steel piles ........... Install .............................. 161.0 Navy 2012, 2015.
20-inch steel piles ........... Install .............................. 161.0 Navy 2012, 2015.
18-inch steel piles ........... Remove, Install .............. 161.0 Navy 2012, 2015.
16-inch steel piles ........... Remove .......................... 161.0 Navy 2012, 2015.
14-inch steel piles ........... Remove .......................... 155.0 MacGillivray et al. 2015.
14-inch timber piles ........ Remove, Install .............. 155.0 MacGillivray et al. 2015.
12.75-inch steel piles ...... Remove .......................... 155.0 MacGillivray et al. 2015.

Drilling dB rms

30-inch steel piles ........... Install .............................. 165.0 Derived from Warner and Austin
2016b.
24-inch steel piles ........... Install .............................. 165.0 Derived from Warner and Austin
2016b.
20-inch steel piles ........... Install .............................. 165.0 Derived from Warner and Austin
2016b.
18-inch steel piles ........... Install .............................. 165.0 Derived from Warner and Austin
2016b.
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Impact hammer dB rms dB SEL dB peak

30-inch steel piles ........... Proofing .......................... 194.7 180.8 208.6 Warner and Austin 2016a.
24-inch steel piles ........... Proofing .......................... 193.0 181.0 210.0 Navy 2015 (from 82 FR 31400).
20-inch steel piles ........... Proofing .......................... 186.5 175.5 207.0 Caltrans 2015.
18-inch steel piles ........... Proofing .......................... 158.0 ........................ 174.0 Caltrans 2015.
14-inch timber piles ........ Install .............................. 158.0 ........................ 174.0 Caltrans 2015.

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The formula below is used to per tenfold increase in distance. some degree, which shall result in some
calculate underwater sound ADOT&PF analyzed the available degree of overestimate of Level A take.
propagation. Transmission loss (TL) is underwater acoustic data utilizing this However, these tools offer the best way
the decrease in acoustic intensity as an metric. to predict appropriate isopleths when
acoustic pressure wave propagates out When NMFS’ Technical Guidance more sophisticated 3D modeling
from a source. TL parameters vary with (2016) was published, in recognition of methods are not available, and NMFS
frequency, temperature, sea conditions, the fact that ensonified area/volume continues to develop ways to
current, source and receiver depth, could be more technically challenging quantitatively refine these tools, and
water depth, water chemistry, and to predict because of the duration
shall qualitatively address the output
bottom composition and topography. component in the new thresholds,
where appropriate. For stationary
The general formula for underwater TL NMFS developed a User Spreadsheet
that includes tools to help predict a sources such as pile driving and
is: drilling, NMFS’ User Spreadsheet
TL = B * log 10 (R 1/R 2) simple isopleth that can be used in
conjunction with marine mammal predicts the closest distance at which, if
Where: density or occurrence to help predict a marine mammal remained at that
TL = transmission loss in dB takes. We note that because of some of distance the whole duration of the
B = transmission loss coefficient; for practical the assumptions included in the activity, it shall not incur PTS. Inputs
spreading equals 15 methods used for these tools, we used in the User Spreadsheet and the
NMFS typically recommends a anticipate that isopleths produced are resulting isopleths are reported in
default practical spreading loss of 15 dB typically going to be overestimates of Tables 3 and 4.

TABLE 4—CALCULATED DISTANCES TO LEVEL A AND LEVEL B HARASSMENT ISOPLETHS DURING PILE INSTALLATION AND
REMOVAL
Level A harassment zone Level B
(meters) 1 harassment
Piles zone
installed
Type of pile Activity Cetaceans Pinnipeds (meters),
or removed cetaceans
per day and
LF MF HF PW OW
pinnipeds 2

Vibratory (120 dB)

30-inch steel .......... Install 4 .................. 3 11 1 16 7 1 10,000
24-inch steel, 20- Install 4 .................. 3 6 1 9 4 1 5,412
inch steel, 18-
inch steel.
18-inch steel, 16- Remove 4 .............. 10 13 2 19 8 1 5,412
inch steel.
14-inch steel, 14- Remove 5 .............. 10 5 1 8 3 1 2,154
inch timber,
12.75-inch steel.

Drilling (120 dB)

30-inch steel, 20- Install 6 .................. 3 55 5 81 34 3 10,000
inch steel.
24-inch steel, 18- Install 7 .................. 3 42 4 62 26 2 10,000
inch steel.

Impact (160 dB) 3

30-inch steel .......... Proofing ................ 1 70 3 82 37 3 2,057
2 110 4 131 59 5
3 144 6 171 77 6
24-inch steel .......... Proofing ................ 1 71 3 85 38 3 1,585
2 113 4 135 61 5
3 148 6 176 79 6
20-inch steel .......... Proofing ................ 3 64 3 76 34 3 584
18-inch steel .......... Proofing ................ 3 <1 <1 <1 <1 <1 7
14-inch timber ....... Install .................... 10 1 <1 2 <1 <1 7
1 Level A Isopleths Calculated Using NMFS’ 2016 Acoustic User Spreadsheet. Source level set at a distance of 10 Meters, a weighting factor
adjustment of 2 kHz for impulse sources and 2.5 kHz for continuous sources, and a propagation loss value of 15 LogR.
2 Level B Isopleths Calculated using Practical Spreading Loss Model. Source level set at a distance of 10 meters and and a propagation loss
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value of 15 LogR.
3 30 Strikes per pile.
4 45 minute activity duration.
5 2.5 hour activity duration.
6 9 hour activity duration.
7 6 hour activity duration.

1 The distance of the modeled SPL from the 2 The distance from the driven pile of the initial

driven pile. measurement.

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Pulse duration from the SSV studies associated with impact piling 18-inch piles drilled each day). Results for all
described above are unknown. However, and 14-inch steel/timber piles, a source Level A isopleths are shown in Table 4.
all necessary parameters were available level (rms sound pressure level (SPL)) of Isopleths for Level B harassment
for the SELcum (cumulative Single Strike 158 dB was used with a pulse duration associated with impact (160 dB) and
Equivalent) method for calculating of .05 seconds. vibratory harassment (120 dB) were also
isopleths for 30-inch, 24-inch, and 20- To calculate Level A harassment for calculated and are included in Table 4.
inch impact piles. Therefore, this vibratory driving of 30-inch piles,
method was selected for those piles. To ADOT&PF utilized a source level (rms It is important to note that the actual
account for potential variations in daily SPL) of 165 dB and assumed 45 minutes area ensonified by pile driving activities
productivity during impact installation, of driving per day. For installing 24, 20, is constrained by local topography
isopleths were calculated for different and 18-inch piles, ADOT&PF used a relative to the total threshold radius
numbers of piles that shall be installed source level of 161 dB and assumed up (particularly for the Level B ensonified
each day (see Table 4). Should the to 45 minutes of driving per day. For zones). The actual ensonified area was
contractor expect to install fewer piles removal of 18 and 16-inch piles, determined using a straight line-of-sight
in a day than the maximum anticipated, ADOT&PF assumed use of 18-inch piles projection from the anticipated pile
a smaller Level A shutdown zone shall and used the same source level of 161 driving locations. Overall, Level A
be employed to monitor take. dB for up to 45 minutes. Level A harassment zones for impact installation
To derive Level A harassment harassment for the installation/removal are relatively small because of the few
isopleths associated with impact driving of piles 14-inches and under in diameter strikes required to proof the piles. The
30-inch steel piles, ADOT&PF utilized a used a source level of 155 dB rms and maximum aquatic areas ensonified
single strike SEL of 180.8 dB and assumed 2.5 hours of driving/removal a within the Level A harassment isopleths
assumed 30 strikes per pile for 1 to 3 day. In regards to Level A for drilling, do not exceed 0.1 square kilometer
piles per day. For 24-inch and 20-inch a source level of 165 dB rms was used (km2) (see Figures 6–1 and Figure 6–2 in
steel piles, ADOT&PF used a single for all pile types with varying levels of
application). The corresponding areas of
strike SEL of 181 dB SEL and 175.5 SEL activity for each pile type (see Tables 1
the Level B ensonified zones for impact
respectively, also assuming 30 strikes at & 2 of the FR Notice (83 FR 12152;
a rate of 1 to 3 piles per day. To March 20, 2018) for information on driving and vibratory installation/
calculate Level A harassment isopleths drilling duration and max number of removal are shown in Table 5 below.

TABLE 5—CALCULATED AREAS ENSONIFIED WITHIN LEVEL B HARASSMENT ISOPLETHS DURING PILE INSTALLATION AND
REMOVAL
Level B harass-
ment zone (km2),
Type of pile Activity cetaceans and
pinnipeds

Vibratory (120 dB)

30-inch steel ............................................................................. Install ........................................................................................ 78.9
24-, 20-, 18-, and 16-inch steel ................................................ Install ........................................................................................ 45.3
14-, 12.75-inch steel, and 14-inch timber ................................ Remove .................................................................................... 7.3

Drilling (120 dB)

30-, 24-, 20-, and 18-inch steel ................................................ Install ........................................................................................ 78.9

Impact (160 dB)

30-inch steel ............................................................................. Proofing .................................................................................... 6.7
24-inch steel ............................................................................. Proofing .................................................................................... 4.0
20-inch steel ............................................................................. Proofing .................................................................................... 0.6
18-inch steel ............................................................................. Proofing .................................................................................... <0.1
14-inch timber ........................................................................... Install ........................................................................................ <0.1

Marine Mammal Occurrence and Final shutdown zone fully covers the extent 2). Level B exposure estimates are
Take Estimates of each corresponding Level A zone for conservatively based on the average
In this section we provide the all piling and drilling activities (See winter (October to March) abundance of
information about the presence, density, Tables 4 and 6). Level B take is 140 sea lions at the Tenakee Cannery
or group dynamics of marine mammals calculated differently for some species haulout, which is 8.9 km away from the
that shall inform the take calculations. based on differences in density, year- project site (Jemison, 2017, unpublished
Potential exposures to impact and round habitat use, and other contextual data). However, it is unlikely that the
factors. See below for specific entire Steller sea lion population from
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vibratory pile driving noise for each
threshold were estimated using local methodologies by species. the Tenakee Cannery haulout shall
marine mammal density datasets where Steller Sea Lions forage to the west near the Tenakee
available and local observational data. Springs ferry terminal. Additionally,
As previously stated, only Level B take Steller sea lion abundance in the Steller sea lions do not generally forage
shall be considered for this action as project area is highly seasonal in nature every day, but tend to forage every 1–
Level A take shall be avoided via with sea lions being most active 2 days and return to haulouts to rest
mitigation (i.e., shutdown). Each between October and March (Figure 4– between foraging trips (Merrick and

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Loughlin 1997; Rehburg et al., 2009). potential exposure = 8,144 potential resident pod size, which has been
Overall, this information indicates that exposures. Each of these exposures will quantified and is known to be a larger
only half of the Steller sea lions at the result in Level B take only, as Level A than other stocks. Resident killer whales
Tenakee Cannery haulout (i.e., average take is neither requested nor authorized occur in a mean group size of 19.3
of 140 during winter) is likely to due to shutdown measures. during the fall in southeast Alaska
approach the project site on any given (Dahlheim et al., 2009). Therefore, we
Harbor Porpoises
day and be exposed to sound levels that assume that a total of approximately 60
constitute behavioral harassment. As a Harbor porpoises are non-migratory; killer whales could be exposed to Level
result, an estimated 70 individuals is a therefore, our exposure estimates are not B harassment over the course of the
conservative estimate of the number of dependent on season. Harbor porpoise project (i.e., (19.3 individuals per pod *
Steller sea lions likely to forage in the surveys conducted in southeast Alaska 1 pods per month) * 3.1 months = 59.83
underwater behavioral harassment zone during the summers of 1991–1993, (rounded up to 60)). Since there are no
on a given day. Therefore: 70 Steller sea 2006, 2007, and 2010–2012 included data that exist for killer whale stocks in
lions per day * 93 days of potential Chatham Strait (near the action area). Tenakee Inlet, 60 Level B takes were
exposure = 6,510 potential exposures. The average density estimate for all applied to each stock. Each of these
Each of these exposures will result in survey years in Chatham Strait was exposures will result in Level B take
Level B take only, as Level A take is 0.013 harbor porpoise per square km only, as Level A take is neither
neither requested nor authorized due to (Dahlheim et al., 2015). Surveys in requested nor authorized due to
shutdown measures. 1997, 1998, and 1999 reported an shutdown measures.
To assign take to the eastern distinct average harbor porpoise density of .033
population segment (eDPS) and western per square km in Southeast Alaska Humpback Whales
DPS (wDPS) stocks of Steller sea lions, (Hobbs and Waite 2010). Based density Humpback whales are present in
data from researchers at NMFS’ Alaska estimates from Hobbs and Waite (2010), Tenakee Inlet year-round. Local experts
Fisheries Science Center were used. a more conservative density estimate, indicate that as many as 12 humpback
Researchers at NMFS’ Alaska Fisheries we estimate that approximately 2.6 (.033 whales are present on some days from
Science Center state that roughly 17.8 * 78.9) harbor porpoises could occur spring through fall, with lower numbers
percent of Steller sea lions at the daily within the 78.9 square km Level during the winter (S. Lewis and M.
Tenakee Cannery Point haulout are B harassment zone. Therefore: 2.6 Dahlheim, pers. comm.). We
members of the wDPS whereas 82.2 harbor porpoises per day * 93 days of conservatively estimate that half of
percent are from the eDPS (L. Fritz, potential exposure = 242 potential those, or six individuals on average,
pers. comm; L. Fritz, unpublished data). exposures. Each of these exposures will could be exposed to Level B harassment
Therefore, it is estimated that only 1,159 result in Level B take only, as Level A during each day of pile installation and
takes (17.8 percent of 6,510) have the take is neither requested nor authorized removal, therefore: 6 humpback whales
potential to occur for wDPS Steller sea due to shutdown measures. per day * 93 days of exposure = 558
lions and 5,351 (82.2 percent of 6,510) potential exposures. Each of these
Dall’s Porpoises
takes have the potential to occur for exposures will result in Level B take
eDPS Steller sea lions. In addition, since Dall’s porpoise are non-migratory; only, as Level A take is neither
there is only an average of 140 Steller therefore, our exposure estimates are not requested nor authorized due to
sea lions located at the Tenakee Cannery dependent on season. Based on shutdown measures.
haulout, it is predicted that only 115 anecdotal evidence citing rare
occurrences of the species in the action Minke Whales
(82.2 percent of 140) individuals from
the eDPS and 25 (17.8 percent of 140) area, we anticipate approximately one Minke whales may be present in
individuals from the wDPS have the observation of a Dall’s porpoise pod in Tenakee Inlet year-round. Their
potential to be harassed. the Level B harassment zone each week abundance throughout southeast Alaska
during construction (Lewis, S., pers. is very low, and anecdotal reports have
Harbor Seals comm.). Based on an average pod size not included minke whales near the
Harbor seals are non-migratory; of 3.7 (Wade et al., 2003), we estimate project area. However, minke whales are
therefore, the exposure estimates are not 49 Dall’s porpoise could be exposed to distributed throughout a wide variety of
dependent on season. We anticipate Level B harassment noise during the 93 habitats and could occur near the
Level B harbor seal take to be relatively day construction period (i.e., 3.7 project area. Therefore, we
high, given the presence of three individuals per week * 13.2 weeks of conservatively estimate that one minke
established haulouts within the largest potential exposure = 48.84 (rounded up whale could be exposed to Level B
(10 km) Level B harassment zone of the to 49) total potential exposures). Each of harassment each month during
project site. The best available these exposures will result in Level B construction or a total of three minke
abundance estimate for Tenakee Inlet is take only, as Level A take is neither whales during the 93-day construction
259 individual harbor seals (London, J., requested nor authorized due to period. Each of these exposures will
pers. comm.). shutdown measures. result in Level B take only, as Level A
The number of harbor seals that could take is neither requested nor authorized
potentially be exposed to elevated Killer Whales
due to shutdown measures.
sound levels for the project was Local marine mammal experts
estimated by calculating density * area indicate that approximately one killer Mitigation Measures
* number of days of activity. The total whale pod is observed in Tenakee Inlet In order to issue an IHA under
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density of harbor seals in Tenakee inlet each month, year-round (Lewis, S., pers. Section 101(a)(5)(D) of the MMPA,
is approximately 1.11 animals per km2 comm.). It is assumed that all three NMFS must set forth the permissible
(259 harbor seals/233.35 km2 of killer whale stocks are equally likely to methods of taking pursuant to such
available habitat in Tenakee Inlet). occur in the area because no data exist activity, and other means of effecting
However, the action area is equivalent on relative abundance of the three the least practicable impact on such
to 78.9 km2. Therefore: 1.11 harbor seals stocks in Tenakee Inlet. The exposure species or stock and its habitat, paying
per km2 * 78.9 km2 * 93 days of estimate is conservatively based on a particular attention to rookeries, mating

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grounds, and areas of similar (2) The practicability of the measures immediately when the animals are
significance, and on the availability of for applicant implementation, which sighted;
such species or stock for taking for may consider such things as cost, • If Level B take reaches the
certain subsistence uses (latter not impact on operations. authorized limit for an authorized
applicable for this action). NMFS In addition to the measures described species, pile installation shall be
regulations require applicants for later in this section, ADOT&PF shall stopped as these species approach the
incidental take authorizations to include employ the following standard Level B zone to avoid additional take of
information about the availability and mitigation measures: them.
feasibility (economic and technological) • Conduct briefings between The following measures shall apply to
of equipment, methods, and manner of construction supervisors and crews and ADOT&PFs mitigation requirements:
conducting such activity or other means the marine mammal monitoring team Establishment of Shutdown Zone for
of effecting the least practicable adverse prior to the start of all pile driving Level A—For all pile driving/removal
impact upon the affected species or activity, and when new personnel join and drilling activities, ADOT&PF shall
stocks and their habitat (50 CFR the work, to explain responsibilities, establish a shutdown zone. The purpose
216.104(a)(11)). communication procedures, marine of a shutdown zone is generally to
In evaluating how mitigation may or mammal monitoring protocol, and define an area within which shutdown
may not be appropriate to ensure the operational procedures; of activity shall occur upon sighting of
least practicable adverse impact on a marine mammal (or in anticipation of
species or stocks and their habitat, as • For in-water heavy machinery work an animal entering the defined area).
well as subsistence uses where other than pile driving (e.g., standard For all in-water heavy machinery
applicable, we carefully consider two barges, tug boats), if a marine mammal activities, a 10 meter shutdown zone
primary factors: comes within 10 m, operations shall will be required. In addition, during
(1) The manner in which, and the cease and vessels shall reduce speed to impact installation of 24-inch and 30-
degree to which, the successful the minimum level required to maintain inch steel piles at a frequency of 2 or 3
implementation of the measure(s) is steerage and safe working conditions. piles per day, PSOs shall implement a
expected to reduce impacts to marine This type of work could include the 200-meter shutdown zone for Dall’s
mammals, marine mammal species or following activities: (1) Movement of the porpoises, minke whales, and
stocks, and their habitat. This considers barge to the pile location; or (2) humpback whales (low- and high-
the nature of the potential adverse positioning of the pile on the substrate frequency cetaceans). The placement of
impact being mitigated (likelihood, via a crane (i.e., stabbing the pile); PSOs during all pile driving and drilling
scope, range). It further considers the • Work may only occur during activities (described in detail in the
likelihood that the measure shall be daylight hours, when visual monitoring Monitoring and Reporting Section) shall
effective if implemented (probability of of marine mammals can be conducted; ensure that each shutdown zone is
accomplishing the mitigating result if • For those marine mammals for visible during pile driving and drilling
implemented as planned) the likelihood which Level B take has not been activities. All shutdown zones, with
of effective implementation (probability requested, in-water pile installation/ their corresponding sound source type
implemented as planned), and; removal and drilling shall shut down are presented in Table 6 below.

TABLE 6 SHUTDOWN ZONES FOR VARIOUS PILE DRIVING/DRILLING ACTIVITIES FOR MARINE MAMMAL HEARING GROUPS
Shutdown zone radii
(meters)
Sound source type High-
Low-frequency Mid-frequency Phocid Otariid
frequency
cetaceans cetaceans pinnipeds pinnipeds
cetaceans

1—Vibratory pile driving/removal, drilling, and impact pile
driving (all impact pilling activities not expressed in the
column directly below) ...................................................... 100 100 100 50 50
Impact Installation of 24-inch and 30-inch steel piles at a
frequency of two or three piles per day ........................... 200 100 200 100 100
3—In Water Heavy Machinery Activities (Non pile driving
and drilling activities) ........................................................ 10 10 10 10 10

Establishment of Monitoring Zones for mammals in the project area outside the Soft Start—The use of a soft-start
Level B—ADOT&PF shall establish shutdown zone and thus prepare for a procedure are believed to provide
Level B disturbance zones or zones of potential cease of activity should the additional protection to marine
influence (ZOI) which are areas where animal enter the shutdown zone. The mammals by providing warning and/or
SPLs are equal to or exceed the 160 dB Level B zones are depicted in Table 4. giving marine mammals a chance to
rms threshold for impact driving and As shown, the largest Level B zone is leave the area prior to the hammer
the 120 dB rms threshold during operating at full capacity. For impact
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equal to 78.9 km2, making it impossible
vibratory driving and drilling. for the PSOs to view the entire pile driving, contractors shall be
Monitoring zones provide utility for harassment area. Due to this, Level B required to provide an initial set of
observing by establishing monitoring exposures shall be recorded and strikes from the hammer at 40 percent
protocols for areas adjacent to the extrapolated based upon the number of energy, each strike followed by no less
shutdown zones. Monitoring zones observed take and the percentage of the than a 30-second waiting period. This
enable observers to be aware of and Level B zone that was not visible. procedure shall be conducted a total of
communicate the presence of marine three times before impact pile driving

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begins. Soft Start is not required during better understanding of: (1) Action or shutdown to the hammer operator.
vibratory pile driving and removal environment (e.g., source Qualified observers are trained and/or
activities. characterization, propagation, ambient experienced professionals, with the
Pre-Activity Monitoring—Prior to the noise); (2) affected species (e.g., life following minimum qualifications:
start of daily in-water construction history, dive patterns); (3) co-occurrence • Visual acuity in both eyes
activity, or whenever a break in pile of marine mammal species with the (correction is permissible) sufficient for
driving of 30 minutes or longer occurs, action; or (4) biological or behavioral discernment of moving targets at the
the observer shall observe the shutdown context of exposure (e.g., age, calving or water’s surface with ability to estimate
and monitoring zones for a period of 30 feeding areas); target size and distance; use of
minutes. The shutdown zone shall be • Individual marine mammal binoculars may be necessary to correctly
cleared when a marine mammal has not responses (behavioral or physiological) identify the target.
been observed within the zone for that to acoustic stressors (acute, chronic, or • Independent observers (i.e., not
30-minute period. If a marine mammal cumulative), other stressors, or construction personnel).
is observed within the shutdown zone, cumulative impacts from multiple • Observers must have their CVs/
a soft-start cannot proceed until the stressors; resumes submitted to and approved by
animal has left the zone or has not been • How anticipated responses to NMFS
observed for 30 minutes (for cetaceans) stressors impact either: (1) long-term • Advanced education in biological
and 15 minutes (for pinnipeds). If the fitness and survival of individual science or related field (i.e.,
Level B harassment zone has been marine mammals; or (2) populations, undergraduate degree or
observed for 30 minutes and non- species, or stocks; higher).Observers may substitute
permitted species are not present within • Effects on marine mammal habitat education or training for experience.
the zone, soft start procedures can (e.g., marine mammal prey species, • Experience and ability to conduct
commence and work can continue even acoustic habitat, or other important field observations and collect data
if visibility becomes impaired within physical components of marine according to assigned protocols (this
the Level B zone. When a marine mammal habitat); and may include academic experience).
mammal permitted for Level B take is • Mitigation and monitoring • At least one observer must have
present in the Level B harassment zone, effectiveness. prior experience working as an observer.
piling activities may begin and Level B Visual Monitoring • Experience or training in the field
take shall be recorded. As stated above, identification of marine mammals,
if the entire Level B zone is not visible Monitoring shall be conducted 30 including the identification of
at the start of construction, piling or minutes before, during, and 30 minutes behaviors.
drilling activities can begin. If work after pile driving and removal activities. • Sufficient training, orientation, or
ceases for more than 30 minutes, the In addition, observers shall record all experience with the construction
pre-activity monitoring of both the Level incidents of marine mammal operation to provide for personal safety
B and shutdown zone shall commence. occurrence, regardless of distance from during observations.
activity, and shall document any • Writing skills sufficient to prepare a
Monitoring and Reporting behavioral reactions in concert with report of observations including but not
In order to issue an IHA for an distance from piles being driven or limited to the number and species of
activity, Section 101(a)(5)(D) of the removed. Pile driving activities include marine mammals observed; dates and
MMPA states that NMFS must set forth the time to install or remove a single times when in-water construction
requirements pertaining to the pile or series of piles, as long as the time activities were conducted; dates and
monitoring and reporting of such taking. elapsed between uses of the pile driving times when in-water construction
The MMPA implementing regulations at equipment is no more than thirty activities were suspended to avoid
50 CFR 216.104 (a)(13) indicate that minutes. potential incidental injury from
requests for authorizations must include PSOs shall be land-based observers. A construction sound of marine mammals
the suggested means of accomplishing primary PSO shall be placed at the observed within a defined shutdown
the necessary monitoring and reporting terminal where pile driving shall occur. zone; and marine mammal behavior.
that shall result in increased knowledge A second observer shall range the • Ability to communicate orally, by
of the species and of the level of taking uplands on foot or by ATV via Tenakee radio or in person, with project
or impacts on populations of marine Ave., and go from Grave Point east of personnel to provide real-time
mammals that are expected to be the harbor up and west of the project information on marine mammals
present in the action area. Effective site to get a full view of the Level A zone observed in the area as necessary.
reporting is critical both for compliance and as much of the Level B zone as A draft marine mammal monitoring
as well as ensuring that the most value possible. PSOs shall scan the waters report shall be submitted to NMFS
is obtained from the required using binoculars, and/or spotting within 90 days after the completion of
monitoring. scopes, and shall use a handheld GPS or pile driving and removal activities. It
Monitoring and reporting range-finder device to verify the shall include an overall description of
requirements prescribed by NMFS distance to each sighting from the work completed, a narrative regarding
should contribute to improved project site. All PSOs shall be trained in marine mammal sightings, and
understanding of one or more of the marine mammal identification and associated PSO data sheets. Specifically,
following: behaviors and are required to have no the report must include:
• Occurrence of marine mammal other project-related tasks while • Date and time that monitored
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species or stocks in the area in which conducting monitoring. In addition, activity begins or ends;
take is anticipated (e.g., presence, monitoring shall be conducted by • Construction activities occurring
abundance, distribution, density); qualified observers, who shall be placed during each observation period;
• Nature, scope, or context of likely at the best vantage point(s) practicable • Weather parameters (e.g., percent
marine mammal exposure to potential to monitor for marine mammals and cover, visibility);
stressors/impacts (individual or implement shutdown/delay procedures • Water conditions (e.g., sea state,
cumulative, acute or chronic), through when applicable by calling for the tide state);

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29759

• Species, numbers, and, if possible, information identified in the paragraph sources of human-caused mortality, or
sex and age class of marine mammals; above. Activities shall be able to ambient noise levels).
• Description of any observable continue while NMFS reviews the As stated in the mitigation section,
marine mammal behavior patterns, circumstances of the incident. NMFS shutdown zones equal to or exceeding
including bearing and direction of travel shall work with ADOT&PF to determine Level A isopleths shown in Table 4
and distance from pile driving activity; whether modifications in the activities shall be implemented, and in this case,
• Distance from pile driving activities are appropriate. Level A take is not anticipated nor
to marine mammals and distance from In the event that ADOT&PF discovers authorized. Behavioral responses of
the marine mammals to the observation an injured or dead marine mammal and marine mammals to pile driving and
point; the lead PSO determines that the injury removal at the ferry terminal, if any, are
• Locations of all marine mammal or death is not associated with or related expected to be mild and temporary.
observations; and to the activities authorized in the IHA Marine mammals within the Level B
• Other human activity in the area. (e.g., previously wounded animal, harassment zone may not show any
If no comments are received from carcass with moderate to advanced visual cues they are disturbed by
NMFS within 30 days, the draft final decomposition, or scavenger damage), activities (as noted during modification
report shall constitute the final report. If ADOT&PF shall report the incident to to the Kodiak Ferry Dock) or could
comments are received, a final report the Chief of the Permits and become alert, avoid the area, leave the
addressing NMFS comments must be Conservation Division, Office of area, or display other mild responses
submitted within 30 days after receipt of Protected Resources, NMFS, and the that are not observable such as changes
comments. NMFS Alaska Stranding Hotline and/or in vocalization patterns. Given the short
In the unanticipated event that the by email to the Alaska Regional duration of noise-generating activities
specified activity clearly causes the take Stranding Coordinator, within 24 hours per day and that pile driving, removal,
of a marine mammal in a manner of the discovery. ADOT&PF shall and drilling shall occur for 93 days, any
prohibited by the IHA, such as an provide photographs, video footage (if harassment shall be temporary. In
injury, serious injury or mortality, available), or other documentation of addition, the project was designed with
ADOT&PF shall immediately cease the the stranded animal sighting to NMFS relatively small-diameter piles, which
specified activities and report the and the Marine Mammal Stranding shall avoid the elevated noise impacts
incident to the Chief of the Permits and Network. associated with larger piles. In addition,
Conservation Division, Office of there are no known biologically
Negligible Impact Analysis and
Protected Resources, NMFS, and the important areas near the project zone
Determination
Alaska Regional Stranding Coordinator. that shall be moderately or significantly
The report shall include the following NMFS has defined negligible impact
as an impact resulting from the impacted by the construction activities.
information: The region of Tenakee Inlet where the
• Description of the incident; specified activity that cannot be
project shall take place is located in a
• Environmental conditions (e.g., reasonably expected to, and is not
reasonably likely to, adversely affect the developed area with regular marine
Beaufort sea state, visibility);
• Description of all marine mammal species or stock through effects on vessel traffic. Although there is a harbor
observations in the 24 hours preceding annual rates of recruitment or survival seal haulout approximately one km
the incident; (50 CFR 216.103). A negligible impact south of the project site, it shall not be
• Species identification or finding is based on the lack of likely located within the project’s Level B
description of the animal(s) involved; adverse effects on annual rates of zone.
• Fate of the animal(s); and recruitment or survival (i.e., population- In summary and as described above,
• Photographs or video footage of the level effects). An estimate of the number the following factors primarily support
animal(s) (if equipment is available). of takes alone is not enough information our determination that the impacts
Activities shall not resume until on which to base an impact resulting from this activity are not
NMFS is able to review the determination. In addition to expected to adversely affect the species
circumstances of the prohibited take. considering estimates of the number of or stock through effects on annual rates
NMFS shall work with ADOT&PF to marine mammals that might be ‘‘taken’’ of recruitment or survival:
determine what is necessary to through harassment, NMFS considers • No mortality is anticipated or
minimize the likelihood of further other factors, such as the likely nature authorized.
prohibited take and ensure MMPA of any responses (e.g., intensity, • There are no known biologically
compliance. ADOT&PF shall not be able duration), the context of any responses important areas within the project area.
to resume their activities until notified (e.g., critical reproductive time or • ADOT&PF shall implement
by NMFS via letter, email, or telephone. location, migration), as well as effects mitigation measures such as vibratory
In the event that ADOT&PF discovers on habitat, and the likely effectiveness driving piles to the maximum extent
an injured or dead marine mammal, and of the mitigation. We also assess the practicable, soft-starts, and shut downs.
the lead PSO determines that the cause number, intensity, and context of • Monitoring reports from similar
of the injury or death is unknown and estimated takes by evaluating this work in Alaska have documented little
the death is relatively recent (e.g., in information relative to population to no effect on individuals of the same
less than a moderate state of status. Consistent with the 1989 species impacted by the specified
decomposition as described in the next preamble for NMFS’s implementing activities.
paragraph), ADOT&PF shall regulations (54 FR 40338; September 29, Based on the analysis contained
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immediately report the incident to the 1989), the impacts from other past and herein of the likely effects of the
Chief of the Permits and Conservation ongoing anthropogenic activities are specified activity on marine mammals
Division, Office of Protected Resources, incorporated into this analysis via their and their habitat, and taking into
NMFS, and the NMFS Alaska Stranding impacts on the environmental baseline consideration the implementation of the
Hotline and/or by email to the Alaska (e.g., as reflected in the regulatory status monitoring and mitigation measures,
Regional Stranding Coordinator. The of the species, population size and NMFS finds that the total marine
report shall include the same growth rate where known, ongoing mammal take from the activity shall

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29760 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

have a negligible impact on all affected does not define small numbers and so, Additionally, other qualitative factors
marine mammal species or stocks. in practice, where estimated numbers may be considered in the analysis, such
are available, NMFS compares the as the temporal or spatial scale of the
Small Numbers
number of individuals taken to the most activities.
As noted above, only small numbers appropriate estimation of abundance of Overall, ADOT&PF proposes 15,566
of incidental take may be authorized the relevant species or stock in our total Level B takes of these marine
under Section 101(a)(5)(D) of the MMPA determination of whether an mammals. Table 7 below shows take as
for specified activities other than authorization is limited to small a percent of population for each of the
military readiness activities. The MMPA numbers of marine mammals. species listed above.

TABLE 7—SUMMARY OF THE ESTIMATED NUMBERS OF MARINE MAMMALS POTENTIALLY EXPOSED TO LEVEL B
HARASSMENT SOUND LEVELS
Number of Number of
exposures to individuals
Level B potentially Stock Percent of
Species DPS/Stock harassment exposed to abundance population 1
total and by Level B
stock harassment

Steller sea lion .................................. Eastern DPS .................................... 5,351 115 41,638 <0.3
Western DPS ................................... 1,159 25 53,303 <0.1
Harbor seal ....................................... Glacier Bay/Icy Strait ....................... 8,144 259 7,210 3.6
Harbor porpoise ................................ Southeast Alaska ............................. 242 242 975 24.8
Dall’s porpoise .................................. Alaska ............................................... 49 49 83,400 <0.1
Killer whale ........................................ West Coast transient ........................ 60 60 243 24.7
Alaska resident ................................. 60 60 2,347 2.6
Northern Resident ............................ 60 60 290 20.7
Humpback whale .............................. Mexico DPS/Central North Pacific ... 558 558 10,103 5.5
Minke whale ...................................... Alaska ............................................... 3 3 N/A N/A

Total ........................................... ........................................................... 15,686 1,434 N/A N/A
1 The percent of population is based on the proportion of take that is expected to occur from each stock based on abundance (see Table 1).
Killer whale stocks are assumed to be equally likely to occur.
N/A: Not Applicable or no stock population assessment is available.

Table 7 presents the number of numbers of marine mammals shall be of marine mammals, further
animals that could be exposed to taken relative to the population size of communication between shall take
received noise levels causing Level B the affected species or stocks. place, including provision of any project
harassment for the work at the Tenakee information, and clarification of any
Unmitigable Adverse Impact Analysis
Springs Ferry Terminal. Our analysis mitigation and minimization measures
and Determination
shows that less than 25 percent of each that may reduce potential impacts to
affected stock could be taken by There are no relevant subsistence uses marine mammals.
harassment. Therefore, the numbers of of the affected marine mammal stocks or Based on the description of the
animals authorized to be taken for all species implicated by this action. specified activity, the measures
species shall be considered small Therefore, NMFS has determined that
described to minimize adverse effects
relative to the relevant stocks or the total taking of affected species or
on the availability of marine mammals
populations even if each estimated stocks shall not have an unmitigable
for subsistence purposes, and the
taking occurred to a new individual—an adverse impact on the availability of
mitigation and monitoring measures,
extremely unlikely scenario. For harbor such species or stocks for taking for
porpoise, the abundance estimates used NMFS has determined that there shall
subsistence purposes. The project is not
in the percentage of population were not be an unmitigable adverse impact on
known to occur in an important
taken from inland Southeast Alaska subsistence hunting area. It is a subsistence uses from ADOT&PF’s
waters. These abundance estimates have developed area with regular marine activities.
not been corrected for g(0) and are likely vessel traffic. However, ADOT&PF plans Endangered Species Act (ESA)
conservative, therefore it is expected for to provide advanced public notice of
the percentage of population that shall construction activities to reduce Section 7(a)(2) of the Endangered
be taken to be overestimated. In construction impacts on local residents, Species Act of 1973 (ESA: 16 U.S.C.
addition, high percentage totals for ferry travelers, adjacent businesses, and 1531 et seq.) requires that each Federal
northern resident (20.7 percent) and other users of the Tenakee Springs ferry agency insure that any action it
western transient (24.7 percent) killer terminal and nearby areas. This shall authorizes, funds, or carries out is not
whales were based on the possibility include notification to local Alaska likely to jeopardize the continued
that all 60 takes for killer whales shall Native tribes that may have members existence of any endangered or
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occur for each stock, which is a highly who hunt marine mammals for threatened species or result in the
unlikely scenario. subsistence. Of the marine mammals destruction or adverse modification of
Based on the analysis contained considered in this IHA application, only designated critical habitat. To ensure
herein of the activity (including the harbor seals are known to be used for ESA compliance for the issuance of
mitigation and monitoring measures) subsistence in the project area. If any IHAs, NMFS consults internally, in this
and the anticipated take of marine tribes express concerns regarding case with NMFS’ Alaska Regional
mammals, NMFS finds that small project impacts to subsistence hunting Office, whenever we propose to

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29761

authorize take for endangered or DEPARTMENT OF COMMERCE accompanied by a written comment.
threatened species. The written comment is considered the
National Oceanic and Atmospheric official comment and should include
NMFS Alaska Region issued a
Administration discussion of all points you wish to
Biological Opinion to NMFS Office of
Protected Resources which concluded make. The federal agencies will
ENVIRONMENTAL PROTECTION generally not consider comments or
the city dock and improvement project AGENCY comment contents located outside of the
is not likely to jeopardize the continued
primary submission (i.e. on the web,
existence of WDPS Steller sea lions or Coastal Nonpoint Pollution Control cloud, or other file sharing system).
Mexico DPS humpback whales or Program: Intent To Find That Georgia
adversely modify critical habitat Has Satisfied All Conditions of FOR FURTHER INFORMATION CONTACT:
because none exists within the action Approval Placed on Its Coastal Copies of the proposed Findings
area. Nonpoint Pollution Control Program Document may be found on NOAA’s
Coastal Nonpoint Pollution Control
National Environmental Policy Act AGENCY: National Oceanic and Program website at https://
Atmospheric Administration, U.S. coast.noaa.gov/czm/pollutioncontrol/.
To comply with the National Department of Commerce, and Additional background information on
Environmental Policy Act of 1969 Environmental Protection Agency. the state’s program may be obtained
(NEPA; 42 U.S.C. 4321 et seq.) and ACTION: Notice of Intent to find that upon request from: Allison Castellan,
NOAA Administrative Order (NAO) Georgia has satisfied all conditions of Stewardship Division (N/OCM6), Office
216–6A, NMFS must review our action approval on its coastal nonpoint for Coastal Management, NOS, NOAA,
(i.e., the issuance of an incidental pollution control program. 1305 East-West Highway, Silver Spring,
harassment authorization) with respect Maryland 20910, phone (240) 533–0799,
to potential impacts on the human SUMMARY: The National Oceanic and email allison.castellan@noaa.gov.
environment. This action is consistent Atmospheric Administration (NOAA)
and Environmental Protection Agency SUPPLEMENTARY INFORMATION: Section
with categories of activities identified in 6217(a) of the Coastal Zone Act
(EPA) (the federal agencies) invite
Categorical Exclusion B4 (incidental Reauthorization Amendments (CZARA),
public comment on the agencies’
harassment authorizations with no 16 U.S.C. 1455b(a), requires that each
proposed finding that Georgia has
anticipated serious injury or mortality) state (or territory) with a coastal zone
satisfied all conditions on the 2002
of the Companion Manual for NOAA approval of the State’s coastal nonpoint management program previously
Administrative Order 216–6A, which do pollution control program (coastal approved under section 306 of the
not individually or cumulatively have nonpoint program). The Coastal Zone Coastal Zone Management Act must
the potential for significant impacts on Act Reauthorization Amendments prepare and submit to the federal
the quality of the human environment (CZARA) directs states and territories agencies a coastal nonpoint pollution
and for which we have not identified with coastal zone management programs control program for approval. Georgia
any extraordinary circumstances that previously approved under Section 306 originally submitted its program to the
would preclude this categorical of the Coastal Zone Management Act to federal agencies for approval in
exclusion. Accordingly, NMFS has develop and implement coastal December 1999. The federal agencies
determined that the issuance of the IHA nonpoint programs, which must be provided public notice of and invited
qualifies to be categorically excluded submitted to the federal agencies for public comment on their proposal to
from further NEPA review. approval. Prior to making such a approve, with conditions, the Georgia
finding, NOAA and EPA invite public program (66 FR 49643). The federal
Authorization input on the federal agencies’ reasoning agencies approved the program by letter
for this proposed finding. dated June 4, 2002, subject to the
As a result of these determinations,
DATES: Individuals or organizations conditions specified in the letter (67 FR
we have issued an IHA to ADOT&PF for
wishing to submit comments on the 38471). The federal agencies propose to
conducting the described construction find, and invite public comment on the
activities related to city dock and ferry proposed findings document should do
so by July 26, 2018. proposed findings, that Georgia has now
terminal improvements from June 1, fully satisfied all conditions of the
2019 through May 31, 2020 provided ADDRESSES: Comments can be made by
email to: ocm.czara@noaa.gov, or in earlier approval of its coastal nonpoint
the previously described mitigation, program.
monitoring, and reporting requirements writing to Joelle Gore, Chief,
Stewardship Division (N/OCM6), Office Over time, Georgia has made changes
are incorporated. to its program in order to satisfy the
for Coastal Management, NOS, NOAA,
Dated: June 20, 2018. 1305 East-West Highway, Silver Spring, identified conditions. As explained in
Elaine T. Saiz, Maryland 20910, phone (240) 533–0813, the proposed findings document, the
Acting Deputy Director, Office of Protected to the ATTN: Georgia Coastal Nonpoint federal agencies have determined that
Resources, National Marine Fisheries Service. Program. All comments received will be Georgia has fully met all conditions
[FR Doc. 2018–13591 Filed 6–25–18; 8:45 am] posted without change to https:// originally placed on its program. The
coast.noaa.gov/czm/pollutioncontrol/, proposed findings document describes
BILLING CODE 3510–22–P
including any personal information how the State program has satisfied the
provided. The federal agencies may conditions.
sradovich on DSK3GMQ082PROD with NOTICES

publish any comment received. Do not The proposed findings document for
submit electronically any information Georgia’s program as well as
you consider to be Confidential information on the Coastal Nonpoint
Business Information (CBI) or other Program in general is available for
information whose disclosure is download on the NOAA website at
restricted by statute. Multimedia https://coast.noaa.gov/czm/pollution
submissions (audio, video, etc.) must be control/.

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Document Created: 2018-06-26 00:51:23
Document Modified: 2018-06-26 00:51:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; Issuance of an incidental harassment authorization.
Dates		This Authorization is applicable from June 1, 2019 through May 31, 2020.
Contact		Jonathan Molineaux, 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: https:// www.fisheries.noaa.gov/national/marine-mammal-protection/incidental- take-authorizations-construction-activities. In case of problems accessing these documents, please call the contact listed above.
FR Citation		83 FR 29749
RIN Number		0648-XF83

83 FR 29749 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction at the City Dock and Ferry Terminal, in Tenakee Springs, Alaska

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 123 (June 26, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration