83 FR 40257 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Port of Kalama Expansion Project on the Lower Columbia River
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 157 (August 14, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40257-40263 | |
| FR Document | 2018-17387 |
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)] [Notices] [Pages 40257-40263] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17387] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG133 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Port of Kalama Expansion Project on the Lower Columbia River AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS received a request from the Port of Kalama (POK) to issue an incidental harassment authorization (IHA) previously issued to the POK to incidentally take three species of marine mammal, by Level B harassment only, during construction activities associated with an expansion project at the Port of Kalama on the Lower Columbia River, Washington. The current IHA was issued in 2017 and is in effect until August 31, 2018 (2017-2018 IHA). However, the project has been delayed such that none of the work covered by the 2017-2018 IHA has been initiated and, therefore, the POK requested that an IHA be issued to conduct their work beginning on or about September 1, 2018 (2018-2019 IHA). NMFS is seeking public comment on its proposal to issue the 2018- 2019 IHA to cover the incidental take analyzed and authorized in the 2017-2018 IHA. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to POK to incidentally take, by Level B harassment, small numbers of marine mammals during the specified activities. The authorized take numbers and related analyses would be the same as for the 2017-2018 IHA, and the required mitigation, monitoring, and reporting would remain the same as authorized in the 2017-2018 IHA referenced above. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than September 13, 2018. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Youngkin@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. An electronic copy of the proposed and final Authorization issued in 2017 and supporting material along with an updated IHA request memo from POK may be obtained by visiting 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 below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ``take'' of marine mammals, with certain exceptions. 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 incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ``means of effecting the least practicable [adverse] impact'' on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to in shorthand as ``mitigation''); and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. The NDAA (Pub. L. 108-136) removed the ``small numbers'' and ``specified geographical region'' limitations indicated above and amended the definition of ``harassment'' as it applies to a ``military readiness activity.'' The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. National Environmental Policy Act In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as implemented by the regulations published by the Council on Environmental Quality (40 CFR parts 1500-1508), NMFS prepared an Environmental Assessment (EA) to consider the direct, indirect and cumulative effects to the human environment resulting from our action (issuance of an IHA for incidental take of marine mammals due to the POK Expansion project). NMFS made the EA available to the public for review and comment in order to assess the impacts to the human environment of issuance of the 2017-2018 IHA to the POK. Also in compliance with NEPA and the CEQ regulations, as well as NOAA Administrative Order 216-6, NMFS signed a Finding of No Significant Impact (FONSI) on October 24, 2016 for issuance of the 2017-2018 IHA. These NEPA documents are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. Since this IHA covers the same work covered in the 2017-2018 IHA, NMFS has reviewed our previous EA and FONSI, and has preliminarily [[Page 40258]] determined that this action is consistent with categories of activities identified in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has preliminarily determined that the issuance of the proposed IHA qualifies to be categorically excluded from further NEPA review. We will review all comments submitted in response to this notice prior to concluding our NEPA process or making a final decision on the 2018-2019 IHA request. History of Request On September 28, 2015, we received a request from the POK for authorization of the taking, by Level B harassment only, of marine mammals incidental to the construction associated with the Port of Kalama Expansion Project, which involved construction of the Kalama Marine Manufacturing and Export Facility including a new marine terminal for the export of methanol, and installation of engineered log jams, restoration of riparian wetlands, and the removal of existing wood piles in a side channel as mitigation activities. The specified activity is expected to result in the take of three species of marine mammals (harbor seals, California sea lions, and Steller sea lions). A final version of the application, which we deemed adequate and complete, was submitted on December 10, 2015. We published a notice of a proposed IHA and request for comments on March 21, 2016 (81 FR 715064). After the public comment period and before we issued the final IHA, POK requested that we issue the IHA for 2017 instead of the 2016 work season. We subsequently published the final notice of our issuance of the IHA on December 12, 2016 (81 FR 89436), effective from September 1, 2017-August 31, 2018. In-water work associated with the project was expected to be completed within the one-year timeframe of the IHA. On June 21, 2018, POK informed NMFS that work relevant to the specified activity considered in the MMPA analysis for the 2017-2018 IHA was postponed and would not be completed. POK requested that the IHA be issued to be effective for the period from September 1, 2018- August 31, 2019. In support of that request, POK submitted an application addendum affirming that no change in the proposed activities is anticipated and that no new information regarding the abundance of marine mammals is available that would change the previous analysis and findings. Description of the Activity and Anticipated Impacts The 2017-2018 IHA covered the construction of a marine terminal and dock/pier for the export of methanol, and associated compensatory mitigation activities for the purposes of offsetting habitat effects from the action. The marine terminal will be approximately 45,000 square feet in size, supported by 320 concrete piles (24-inch precast octagonal piles to be driven by impact hammer) and 16 steel piles (12 x 12-inch and 4 x 18-inch anticipated to be driven by vibratory hammer, and impact hammering will only be done to drive/proof if necessary). The compensatory mitigation includes installation of 8 engineered log jams (ELJs), which will be anchored by untreated wooden piles driven by impact hammer at low tides (not in water). The compensatory mitigation also includes removal of approximately 320 untreated wooden piles from an abandoned U.S. Army Corps of Engineers (USACE) dike in a nearby backwater area. The piles will be removed either by direct pull or vibratory extraction. Finally, the compensatory mitigation includes wetland restoration and enhancement by removal of invasive species and replacement with native wetland species. NMFS refers the reader to the documents related to the 2017-2018 IHA for more detailed description of the project activities. These previous documents include the Federal Register notice of the issuance of the 2017-2018 IHA for the POK's Port of Kalama Expansion Project (81 FR 89436, December 12, 2016), the Federal Register notice of the proposed IHA (81 FR 15064, March 21, 2016), POK's application (and 2018 application addendum), and all associated references. Detailed Description of the Action--A detailed description of the pile driving activities at the Port of Kalama is found in these previous documents and the updated 2018-2019 IHA application addendum. The location, timing (e.g., seasonality), and nature of the pile driving operations, including the type and size of piles and the methods of pile driving, are identical to those described in the previous Federal Register notices referenced above. Description of Marine Mammals--A description of the marine mammals in the area of the activities is found in the previous documents referenced above, which remain applicable to this IHA as well. In addition, NMFS has reviewed recent Stock Assessment Reports, information on relevant Unusual Mortality Events, and recent scientific literature. Since the submittal of the 2015 IHA application, the USACE has published updated data on pinniped presence at the Bonneville Dam (Tidwell et al., 2017). This information reveals that in both 2016 and 2017 the numbers of pinnipeds present at Bonneville Dam were within the range of historical variability. The latest USACE data does not suggest a trend that would require a modification to the take estimates or to the effects analysis (see Table 1 below for a summary of monitoring data by year from Tidwell et al., 2017). Therefore, NMFS has preliminarily determined that the updated information does not affect our analysis of impacts for the 2018-2019 IHA. Table 1--Minimum Estimated Number of Individual Pinnipeds Observed at Bonneville Dam Tailrace Areas and the Hours of Observation During the Focal Sampling Period, 2002 to 2017 [From Tidwell et al., 2017] ---------------------------------------------------------------------------------------------------------------- Total hours California sea Steller sea Total Year observed lions lions Harbor seals pinnipeds ---------------------------------------------------------------------------------------------------------------- 2002............................ 662 30 0 1 31 2003............................ 1,356 104 3 2 109 2004............................ 516 99 3 2 104 2005 *.......................... 1,109 81 4 1 86 2006............................ 3,650 72 11 3 86 2007............................ 4,433 71 9 2 82 2008............................ 5,131 82 39 2 123 [[Page 40259]] 2009............................ 3,455 54 26 2 82 2010............................ 3,609 89 75 2 166 2011............................ 3,315 54 89 1 144 2012............................ 3,404 39 73 0 112 2013............................ 3,247 56 80 0 136 2014............................ 2,947 71 65 1 137 2015............................ 2,995 195 \a\ 69 0 264 2016............................ 1,974 149 \a\ 54 0 203 2017............................ 1,142 92 \a\ 63 1 156 ---------------------------------------------------------------------------------------------------------------- * Observations did not begin until March 18 in 2005. \a\ In 2015, 2016, and 2017 the minimum estimated number of Steller sea lions was 55, 41, and 32, respectively. These counts were less than the maximum number of Steller sea lions observed on one day, so Tidwell et al. (2017) used the maximum number observed on one day as the minimum number. This difference was driven by a focus on California sea lions and lack of branding or unique markers on Steller sea lions. Potential Effects on Marine Mammals--A description of the potential effects of the specified activities on marine mammals and their habitat is found in the previous documents referenced above, and remain applicable to this proposed IHA. There is no new information on potential effects that would change our analyses or determinations under the 2018-2019 IHA. Estimated Take--A description of the methods and inputs used to estimate take anticipated to occur and, ultimately, the take that was authorized is found in the previous documents referenced above. The methods of estimating take for this proposed IHA are identical to those used in the 2017-2018 IHA, as is the density of marine mammals. The source levels, also remain unchanged from the 2017-2018 IHA, and NMFS' 2016 Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (NMFS 2016) was used to address new acoustic thresholds in the notice of issuance of the 2017-2018 IHA (see Table 2 for NMFS User Spreadsheet inputs). As stated above, since the submittal of the application for the 2017-2018 IHA (in effect from September 1, 2017 through August 31, 2018), the USACE has published updated data on pinniped presence at the Bonneville Dam, and this data does not suggest a trend that would require a modification to the take estimates or effects analysis. Consequently, the proposed authorized Level B harassment take for this proposed 2018-2019 IHA is identical to the 2017-2018 IHA, as presented in Table 3 below. However, the originally issued IHA did not authorize any Level A harassment take. As harbor seals are smaller and may be more difficult to detect at larger Level A harassment zones, and to account for the potential that they may be unseen/may linger longer than expected, a small number of takes by Level A harassment is currently being proposed. Table 2--Inputs for NMFS User Spreadsheet ---------------------------------------------------------------------------------------------------------------- Vibratory pile driving Impact pile driving Impact pile driving Input parameter (steel) (steel) (concrete) ---------------------------------------------------------------------------------------------------------------- Weighting Factor Adjustment \1\...... 2.5.................... 2...................... 2. Source Level (SL) \2\................ 170.................... 178.................... 166. Duration............................. 1 hour................. 1 hour................. 1 hour. Strikes per pile..................... ....................... 1,025.................. 1,025. Piles per day \3\.................... 1 (1 hour duration).... (1 pile/hour).......... (1 pile/hour). Propagation (xlogR).................. 15..................... 15..................... 15. Distance from SL measurement......... 10..................... 10..................... 10. ---------------------------------------------------------------------------------------------------------------- \1\ In instances where full auditory weighting functions associated with the SELcum metric cannot be applied, NMFS has recommended the default, single frequency weighting factor adjustments (WFAs) provided here. As described in Appendix D of NMFS' Technical Guidance (NMFS, 2016), the intent of the WFA is to broadly account for auditory weighting functions below the 95 frequency contour percentile. Use of single frequency WFA is likely to over-predict Level A harassment distances. \2\ SLs from CalTrans (2012). SL for all steel piles are based on 18'' steel pipe (4 of the piles are 18'' and 12 of the piles are 12''). \3\ A 1-hour duration was used as there are no haul-outs in the project area. Animals are transiting through the project area, and are not anticipated to be present for a full 8-hour day of pile driving activity. POK estimates 6-8 piles/day, or approximately 1 pile/hour. Animals are anticipated to be present for the duration of 1 pile being driven (1 hour) at most. Table 3--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected ---------------------------------------------------------------------------------------------------------------- Percentage of Estimated take Estimated take Abundance of stock by Level B by Level A stock potentially Population trend harassment harassment affected ---------------------------------------------------------------------------------------------------------------- Harbor seal................... 1,530 10 24,732 6.2 Stable. California sea lion........... 372 0 153,337 0.2 Stable. Steller sea lion.............. 372 0 59,968 0.6 Increasing. ---------------------------------------------------------------------------------------------------------------- [[Page 40260]] Description of Mitigation, Monitoring and Reporting Measures--A description of mitigation, monitoring, and reporting measures is found in the previous documents referenced above, and remain unchanged for this proposed IHA. In summary, mitigation includes implementation of shut down procedures if any marine mammal approaches or enters the Level A harassment zone for pile driving (16.5 m [54 ft] for vibratory pile driving of steel piles; 40 m [131 ft] for impact driving of concrete piles; and 252 m [828 ft] for impact driving of steel piles) and for in-water heavy machinery work other than pile driving (e.g. standard barges, barge-mounted cranes, excavators, etc.), 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. One trained observer shall monitor to implement shutdowns and collect information at each active pile driving location (whether vibratory or impact driving of steel or concrete piles). At least three observers shall be on duty during impact driving at all times. As discussed above, one observer shall monitor and implement shutdowns and collect information at each pile driving location at all times. In addition, two shore-based observers (one upstream of the project and another downstream of the project), whose primary responsibility shall be to record pinnipeds in the Level B harassment zone and to alert the barge-based observer to the presence of pinnipeds, thus creating a redundant alert system for prevention of injurious interaction as well as increasing the probability of detecting pinnipeds in the disturbance zone. At least three observers shall be on duty during vibratory pile driving activity for the first two days, and thereafter on every third day to allow for estimation of Level B takes. Similar to requirements for impact driving, the first observer shall be positioned on a work platform or barge where the entirety of the shutdown zone can be monitored. Shore based observers shall be positioned to observe the disturbance zone from the bank of the river. Protocols will be implemented to ensure that coordinated communication of sightings occurs between observers in a timely manner. Pile driving activities shall only be conducted during daylight hours. If the shutdown zone is obscured by fog or poor lighting conditions, pile driving will not be initiated until the entire shutdown zone is visible. Work that has been initiated appropriately in conditions of good visibility may continue during poor visibility. The shutdown zone will be monitored for 30 minutes prior to initiating the start of pile driving, during the activity, and for 30 minutes after activities have ceased. If pinnipeds are present within the shutdown zone prior to pile driving, the start will be delayed until the animals leave the shutdown zone of their own volition, or until 15 minutes elapse without re-sighting the animal(s). Soft start procedures shall be implemented at the start of each day's impact pile driving and at any time following cessation of impact driving for a period of thirty minutes or longer. If steel piles require impact installation or proofing, a bubble curtain will be used for sound attenuation. If water velocity is 1.6 feet per second (1.1 miles per hour) or less for the entire installation period, the pile being driven will be surrounded by a confined or unconfined bubble curtain that will distribute small air bubbles around 100 percent of the pile perimeter for the full depth of the water column. If water velocity is greater than 1.6 feet per second (1.1 miles per hour) at any point during installation, the pile being driven will be surrounded by a confined bubble curtain (e.g., a bubble ring surrounded by a fabric or non-metallic sleeve) that will distribute air bubbles around 100 percent of the pile perimeter for the full depth of the water column. Determinations The POK proposes to conduct activities in 2018-2019 that are identical to those covered in the currently 2017-2018 IHA. As described above, the number of estimated takes of the same stocks of harbor seals (OR/WA Coast stock), California sea lion (U.S. stock), and Steller sea lion (Eastern DPS) is the same for this proposed IHA as those authorized in the 2017-2018 IHA, which were found to meet the negligible impact and small numbers standards. The authorized take of 1,540 harbor seals; 372 California sea lions, and 372 Steller sea lions represent 6.2 percent, 0.2 percent, and 0.6 percent of these stocks of marine mammals, respectively. We evaluated the impacts of the additional authorization of 10 Level A harassment takes of harbor seal, and find that consideration of impacts to these 10 individuals accruing a small degree of PTS does not meaningfully change our analysis, nor does it change our findings/determinations. This proposed IHA includes identical required mitigation, monitoring, and reporting measures as the 2017-2018 IHA, and there is no new information suggesting that our prior analyses or findings should change. Based on the information contained here and in the referenced documents, NMFS has preliminarily determined the following: (1) The authorized takes will have a negligible impact on the affected marine mammal species or stocks; (2) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (3) the authorized takes represent small numbers of marine mammals relative to the affected species or stock abundances; and (4) the POK's activities will not have an unmitigable adverse impact on taking for subsistence purposes, as no relevant subsistence uses of marine mammals are implicated by this action. 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 whenever we propose to authorize take for endangered or threatened species. No incidental take of ESA-listed species is expected to result from this activity, and none would be authorized. Therefore, NMFS has determined that consultation under section 7 of the ESA is not required for this action. Proposed Authorization NMFS proposes to issue an IHA to POK for in-water construction work activities beginning September 2018 through August 2019, with the proposed mitigation, monitoring, and reporting requirements. The proposed IHA language is provided next. This section contains a draft of the IHA itself. The wording contained in this section is proposed for inclusion in the IHA (if issued). The Port of Kalama (POK), 110 West Marine Drive, Kalama, Washington, 98625, is hereby authorized under section 101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 1371(a)(5)(D)) and 50 CFR 216.107 to take marine mammals, by harassment, incidental to conducting in-water construction work for the Port of Kalama Expansion Project contingent upon the following conditions: 1. This Authorization is valid from September 1, 2018 through August 31, 2019 2. (a) Timing of Activities Anticipated to Result in Take of Marine Mammals: [[Page 40261]] In-water construction/pile installation (including installation and removal of temporary piles for construction) shall be conducted between September 1, 2018 and January 31, 2019. (b) Timing of Activities Not Anticipated to Result in Take of Marine Mammals (i) Dredging would be conducted between September 1, 2017 and December 31, 2017 (ii) Construction/installation of engineered log jams (ELJ) may be conducted year-round (iii) Construction that will take place below the Ordinary High Water Mark (OHWM), but outside of the wetted perimeter of the river (in the dry) may be conducted year-round (iv) Removal of wooden piles from former trestle in the freshwater intertidal backwater channel portion of the project site (compensatory mitigation measure of removal of 157 wooden piles) may be conducted year-round. 3. This Authorization is valid only for activities associated with in-water construction work for the Port of Kalama Expansion Project on approximately 100 acres (including uplands) at the northern end of the Port of Kalama's North Port site (Lat. 46.049, Long. -122.874), located at approximately river mile 72 along the lower Columbia River along the east bank in Cowlitz County, Washington. 4. (a) The species authorized for taking are: Harbor seal (Phoca vitulina richardsi), California sea lion (Zalophus californianus), and Steller sea lion (Eumatopius jubatus). (b) The Authorization for taking by harassment is limited to the following acoustic sources and activities: (i) Impact pile driving; and (ii) Vibratory pile driving activities (including vibratory removal of temporary construction piles). (c) The taking of any marine mammal in a manner prohibited under this Authorization must be reported within 24 hours of the taking to the National Marine Fisheries Service (NMFS) West Coast Regional Administrator at (206) 526-6150 and the NMFS Chief of the Permits and Conservation Division at (301) 427-8401. 5. The taking is limited to the species listed, and by the numbers listed, under condition 4(a) above. The taking or death of the species identified or any taking of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this Authorization. 6. Mitigation (a) Activities authorized for take of marine mammals by this Authorization must occur only during daylight hours. (b) A bubble curtain shall be used for sound attenuation if steel piles require impact installation or proofing (c) Exclusion Zone and Level B Harassment Zones of Influence (i) Exclusion zones out to 16 m (54 ft) for vibratory driving of steel piles; 40 m (131 ft) for impact driving of concrete piles; 252 m (828 ft) for impact driving of steel piles, encompassing the Level A harassment zones; and 10 m for operation of in-water heavy machinery must be implemented to avoid Level A take of marine mammals due to pile driving and avoid potential for injury or mortality due to operation of heavy machinery. (ii) Disturbance zones must be established to include 117 m for impact driving of concrete piles; 1,848 m for impact driving of steel piles; and the full line of sight (maximum of 5.7 km) for vibratory driving of steel piles. (d) Monitoring of marine mammals must take place starting 30 minutes before pile driving begins and must continue until 30 minutes after pile driving ends. (e) Soft Start (i) Soft start procedures must be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer. (ii) Soft start procedures require that the contractor provides an initial set of three strikes at reduced energy followed by a 30-second waiting period, then two subsequent reduced energy strike sets. (f) Shutdown Measures (i) POK must implement shutdown measures if a marine mammal is sighted within, or is perceived to be approaching, the exclusion zones identified in 6(c)(i) above and the associated construction or pile driving activities shall immediately cease. Pile driving or in-water construction work will not be resumed until the exclusion zone has been observed as being clear of marine mammals for at least 15 minutes. (ii) If marine mammals are present within the exclusion zones established in 6(c)(i) above prior to the start of in-water construction activities, these activities would be delayed until the animals leave the exclusion zone of their own volition, or until 15 minutes elapse without resighting the animal, at which time it may be assumed that the animal(s) have left the exclusion zone. 7. Monitoring The holder of this Authorization is required to conduct marine mammal monitoring during all in-water construction work. Monitoring and reporting shall be conducted in accordance with the Monitoring Plan. (a) Marine Mammal Observers--POK shall employ observers to conduct marine mammal monitoring for its construction project. Observers shall have the following minimum qualifications: (i) Visual acuity in both eyes (correction is permissible) sufficient for discernment of moving targets at the water's surface with the ability to estimate target size and distance. Use of binoculars may be necessary to correctly identify the target. (ii) Experience and ability to conduct field observations and collect data according to assigned protocols (this may include academic experience). (iii) Experience or training in the field identification of the marine mammals that could potentially be encountered. (iv) Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations. (v) Writing skills sufficient to prepare a report of observations that will include such information as the number and types of marine mammals observed; the behavior of marine mammals in the project area during construction; the dates and times when observations were conducted; the dates and times when in-water construction activities were conducted; the dates and times when marine mammals were present at or within the defined disturbance zone; and the dates and times when in-water construction activities were suspended to avoid incidental harassment by disturbance from construction noise. (vi) Ability to communicate orally, by radio or in person, with project personnel to provide real time information on marine mammals observed in the area. (b) Individuals meeting the minimum qualifications identified in 7(a), above, shall be present on site (on land or dock/barge) at all times during pile driving activities conducted for the project. (c) During all impact pile driving activities, observers will be stationed to allow a clear line of sight of the exclusion zone (10 m [33 ft] for all in-water heavy machinery operations except for pile driving; the entirety of the Level A harassment zone, and the entire disturbance zone for pile driving activity, as identified in 6(c)(i). (d) Marine mammal observers will monitor for the first two days of vibratory pile driving, and thereafter on every third day of vibratory pile driving. Monitoring will be conducted by three observers during vibratory pile driving [[Page 40262]] activities. One observer will be stationed in the general vicinity of the pile being driven and will have clear line of sight views of the entire inner harbor. Another observer will be stationed at an accessible location downstream (such as northern tip of Prescott Beach County Park) and would observe the northern (downstream) portion of the disturbance zone. A third observer will be stationed at an accessible location upstream and would observe the southern (upstream) portion of the disturbance zone. (e) Marine mammal observers will scan the waters within each monitoring zone activity using binoculars (Vector 10 X 42 or equivalent), spotting scopes (Swarovski 20-60 zoom or equivalent; Washington Department of Fish and Wildlife 2000), and visual observation. (f) Marine mammal presence within the Level B harassment zones of influence (disturbance zones) will be monitored, but pile driving activity will not be stopped if marine mammals are found present unless they enter or approach the exclusion zone. Any marine mammal observed within the disturbance zone will be documented and counted as a Level B take. Monitoring during vibratory pile driving will occur during the first two days of activity and during every three days thereafter to estimate the number of individuals present within the Level B harassment area. (g) If waters exceed a sea-state which restrict the observers' ability to make observations within the Level A injury exclusion zone, relevant activities will cease until conditions allow the resumption of monitoring. Vibratory pile installation would continue under these conditions. (h) The waters will be scanned 30 minutes prior to commencing pile driving activities and during all pile driving activities. If marine mammals enter or are observed within the designated exclusion zones during, or 15 minutes prior to, impact pile driving, the monitors will notify the on-site construction manager to not begin, or cease, work until the animal(s) leave of their own volition, or have not been observed within the zone for 15 minutes. 8. Reporting (a) POK shall provide NMFS with a draft monitoring report within 90 days of the expiration of this Authorization, or within conclusion of the construction work, whichever comes first. This report shall detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. (b) If comments are received from NMFS (West Coast Regional Administrator or NMFS Office of Protected Resources) on the draft report within 30 days, a final report shall be submitted to NMFS within 30 days thereafter. If no comments are received from NMFS within 30 days after receipt of the draft report, the draft report will be considered final. (c) In the unanticipated event that the construction activities clearly cause the take of a marine mammal in a manner prohibited by this Authorization, such as an injury, serious injury, or mortality (Level A take), POK shall immediately cease all operations and immediately report the incident to the NMFS Chief of the Permits and Conservation Division, Office of Protected Resources and the NMFS West Coast Regional Stranding Coordinators. The report must include the following information: (i) Time, date, and location (latitude and longitude) of the incident; (ii) Description of the incident; (iii) Status of all sound sources used in the 24 hours preceding the incident; (iv) Environmental conditions (wind speed, wind direction, sea state, cloud cover, visibility, water depth); (v) Description of the marine mammal observations in the 24 hours preceding the incident; (vi) Species identification or description of the animal(s) involved; (vii) The fate of the animal(s); and (viii) 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 POK to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. POK may not resume their activities until notified by NMFS via letter, email, or telephone. (d) In the event that POK discovers an injured or dead marine mammal, and the marine mammal observer determines that the cause of injury or death is unknown and the death is relatively recent (less than a moderate state of decomposition), POK will immediately report the incident to the NMFS Chief of Permits and Conservation Division, Office of Protected Resources, and the NMFS West Coast Regional Stranding Coordinator. The report must include the same information identified above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with POK to determine whether modifications in the activities are appropriate. (e) In the event that POK discovers an injured or dead marine mammal, and the marine mammal observer determines that the injury or death is not associated with or related to the activities authorized in the IHA (previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), POK shall report the incident to the NMFS Chief of Permits and Conservation Division, Office of Protected Resources, and the NMFS West Coast Regional Stranding Coordinator within 24 hours of the discovery. POK shall provide photographs or video footage (if available) or other documentation of the stranded animal(s) to NMFS and the Marine Mammal Stranding Network. POK may continue its operations under such a case. Request for Public Comments We request comment on our analyses, the draft authorization, and any other aspect of this Notice of Proposed IHA for the proposed POK construction activities. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization. On a case-by-case basis, NMFS may issue a second one-year IHA without additional notice when (1) another year of identical or nearly identical activities as described in the Specified Activities section is planned, or (2) the activities would not be completed by the time the IHA expires and renewal would allow completion of the activities beyond that described in the Dates and Duration section, provided all of the following conditions are met:A request for renewal is received no later than 60 days prior to expiration of the current IHA; The request for renewal must include the following: (1) An explanation that the activities to be conducted beyond the initial dates either are identical to the previously analyzed activities or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, take estimates, or mitigation and monitoring requirements; and (2) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized; Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS [[Page 40263]] determines that there are no more than minor changes in the activities, the mitigation and monitoring measures remain the same and appropriate, and the original findings remain valid. Dated: August 8, 2018. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-17387 Filed 8-13-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices 40257
Dated: August 7, 2018. Comments and information must
DATES: harassment, a notice of a proposed
Donna S. Wieting, be received no later than September 13, incidental take authorization may be
Director, Office of Protected Resources, 2018. provided to the public for review.
National Marine Fisheries Service. ADDRESSES: Comments should be Authorization for incidental takings
[FR Doc. 2018–17227 Filed 8–13–18; 8:45 am] addressed to Jolie Harrison, Chief, shall be granted if NMFS finds that the
BILLING CODE 3510–22–P Permits and Conservation Division, taking will have a negligible impact on
Office of Protected Resources, National the species or stock(s) and will not have
Marine Fisheries Service. Physical an unmitigable adverse impact on the
DEPARTMENT OF COMMERCE comments should be sent to 1315 East- availability of the species or stock(s) for
West Highway, Silver Spring, MD 20910 taking for subsistence uses (where
National Oceanic and Atmospheric and electronic comments should be sent relevant). Further, NMFS must prescribe
Administration to ITP.Youngkin@noaa.gov. the permissible methods of taking and
RIN 0648–XG133 Instructions: NMFS is not responsible other ‘‘means of effecting the least
for comments sent by any other method, practicable [adverse] impact’’ on the
Takes of Marine Mammals Incidental to to any other address or individual, or affected species or stocks and their
Specified Activities; Taking Marine received after the end of the comment habitat, paying particular attention to
Mammals Incidental to Port of Kalama period. Comments received rookeries, mating grounds, and areas of
Expansion Project on the Lower electronically, including all similar significance, and on the
Columbia River attachments, must not exceed a availability of such species or stocks for
25-megabyte file size. Attachments to taking for certain subsistence uses
AGENCY: National Marine Fisheries (referred to in shorthand as
Service (NMFS), National Oceanic and electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF ‘‘mitigation’’); and requirements
Atmospheric Administration (NOAA), pertaining to the mitigation, monitoring
Commerce. file formats only. All comments
received are a part of the public record and reporting of such takings are set
ACTION: Notice; proposed incidental forth.
and will generally be posted online at
harassment authorization; request for The NDAA (Pub. L. 108–136)
https://www.fisheries.noaa.gov/
comments. removed the ‘‘small numbers’’ and
national/marine-mammal-protection/
‘‘specified geographical region’’
SUMMARY: NMFS received a request from incidental-take-authorizations-
limitations indicated above and
the Port of Kalama (POK) to issue an construction-activities without change.
amended the definition of ‘‘harassment’’
incidental harassment authorization All personal identifying information
as it applies to a ‘‘military readiness
(IHA) previously issued to the POK to (e.g., name, address) voluntarily
activity.’’ The definitions of all
incidentally take three species of marine submitted by the commenter may be applicable MMPA statutory terms cited
mammal, by Level B harassment only, publicly accessible. Do not submit above are included in the relevant
during construction activities associated confidential business information or sections below.
with an expansion project at the Port of otherwise sensitive or protected
Kalama on the Lower Columbia River, information. National Environmental Policy Act
Washington. The current IHA was An electronic copy of the proposed In compliance with the National
issued in 2017 and is in effect until and final Authorization issued in 2017 Environmental Policy Act of 1969 (42
August 31, 2018 (2017–2018 IHA). and supporting material along with an U.S.C. 4321 et seq.), as implemented by
However, the project has been delayed updated IHA request memo from POK the regulations published by the
such that none of the work covered by may be obtained by visiting https:// Council on Environmental Quality (40
the 2017–2018 IHA has been initiated www.fisheries.noaa.gov/national/ CFR parts 1500–1508), NMFS prepared
and, therefore, the POK requested that marine-mammal-protection/incidental- an Environmental Assessment (EA) to
an IHA be issued to conduct their work take-authorizations-construction- consider the direct, indirect and
beginning on or about September 1, activities. In case of problems accessing cumulative effects to the human
2018 (2018–2019 IHA). NMFS is seeking these documents, please call the contact environment resulting from our action
public comment on its proposal to issue listed below (see FOR FURTHER (issuance of an IHA for incidental take
the 2018–2019 IHA to cover the INFORMATION CONTACT). of marine mammals due to the POK
incidental take analyzed and authorized FOR FURTHER INFORMATION CONTACT: Dale Expansion project). NMFS made the EA
in the 2017–2018 IHA. Pursuant to the Youngkin, Office of Protected available to the public for review and
Marine Mammal Protection Act Resources, NMFS, (301) 427–8401. comment in order to assess the impacts
(MMPA), NMFS is requesting comments SUPPLEMENTARY INFORMATION: to the human environment of issuance
on its proposal to issue an IHA to POK of the 2017–2018 IHA to the POK. Also
to incidentally take, by Level B Background in compliance with NEPA and the CEQ
harassment, small numbers of marine The MMPA prohibits the ‘‘take’’ of regulations, as well as NOAA
mammals during the specified activities. marine mammals, with certain Administrative Order 216–6, NMFS
The authorized take numbers and exceptions. Sections 101(a)(5)(A) and signed a Finding of No Significant
related analyses would be the same as (D) of the MMPA (16 U.S.C. 1361 et Impact (FONSI) on October 24, 2016 for
for the 2017–2018 IHA, and the required seq.) direct the Secretary of Commerce issuance of the 2017–2018 IHA. These
mitigation, monitoring, and reporting (as delegated to NMFS) to allow, upon NEPA documents are available at
would remain the same as authorized in request, the incidental, but not https://www.fisheries.noaa.gov/
amozie on DSK3GDR082PROD with NOTICES1
the 2017–2018 IHA referenced above. intentional, taking of small numbers of national/marine-mammal-protection/
NMFS will consider public comments marine mammals by U.S. citizens who incidental-take-authorizations-
prior to making any final decision on engage in a specified activity (other than construction-activities.
the issuance of the requested MMPA commercial fishing) within a specified Since this IHA covers the same work
authorization and agency responses will geographical region if certain findings covered in the 2017–2018 IHA, NMFS
be summarized in the final notice of our are made and either regulations are has reviewed our previous EA and
decision. issued or, if the taking is limited to FONSI, and has preliminarily
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![40258 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
determined that this action is consistent water work associated with the project NMFS refers the reader to the
with categories of activities identified in was expected to be completed within documents related to the 2017–2018
CE B4 of the Companion Manual for the one-year timeframe of the IHA. IHA for more detailed description of the
NOAA Administrative Order 216–6A, On June 21, 2018, POK informed project activities. These previous
which do not individually or NMFS that work relevant to the documents include the Federal Register
cumulatively have the potential for specified activity considered in the notice of the issuance of the 2017–2018
significant impacts on the quality of the MMPA analysis for the 2017–2018 IHA IHA for the POK’s Port of Kalama
human environment and for which we was postponed and would not be Expansion Project (81 FR 89436,
have not identified any extraordinary completed. POK requested that the IHA December 12, 2016), the Federal
circumstances that would preclude this be issued to be effective for the period Register notice of the proposed IHA (81
categorical exclusion. Accordingly, from September 1, 2018–August 31, FR 15064, March 21, 2016), POK’s
NMFS has preliminarily determined 2019. In support of that request, POK application (and 2018 application
that the issuance of the proposed IHA submitted an application addendum addendum), and all associated
qualifies to be categorically excluded affirming that no change in the references.
from further NEPA review. We will proposed activities is anticipated and Detailed Description of the Action—A
review all comments submitted in that no new information regarding the detailed description of the pile driving
response to this notice prior to abundance of marine mammals is activities at the Port of Kalama is found
concluding our NEPA process or making available that would change the in these previous documents and the
a final decision on the 2018–2019 IHA previous analysis and findings. updated 2018–2019 IHA application
request. addendum. The location, timing (e.g.,
Description of the Activity and seasonality), and nature of the pile
History of Request Anticipated Impacts driving operations, including the type
On September 28, 2015, we received The 2017–2018 IHA covered the and size of piles and the methods of pile
a request from the POK for authorization construction of a marine terminal and driving, are identical to those described
of the taking, by Level B harassment dock/pier for the export of methanol, in the previous Federal Register notices
only, of marine mammals incidental to and associated compensatory mitigation referenced above.
the construction associated with the activities for the purposes of offsetting Description of Marine Mammals—A
Port of Kalama Expansion Project, habitat effects from the action. The description of the marine mammals in
which involved construction of the marine terminal will be approximately the area of the activities is found in the
Kalama Marine Manufacturing and 45,000 square feet in size, supported by previous documents referenced above,
Export Facility including a new marine 320 concrete piles (24-inch precast which remain applicable to this IHA as
terminal for the export of methanol, and octagonal piles to be driven by impact well. In addition, NMFS has reviewed
installation of engineered log jams, hammer) and 16 steel piles (12 x 12- recent Stock Assessment Reports,
restoration of riparian wetlands, and the inch and 4 x 18-inch anticipated to be information on relevant Unusual
removal of existing wood piles in a side driven by vibratory hammer, and impact Mortality Events, and recent scientific
channel as mitigation activities. The hammering will only be done to drive/ literature. Since the submittal of the
specified activity is expected to result in proof if necessary). The compensatory 2015 IHA application, the USACE has
the take of three species of marine mitigation includes installation of 8 published updated data on pinniped
mammals (harbor seals, California sea engineered log jams (ELJs), which will presence at the Bonneville Dam
lions, and Steller sea lions). A final be anchored by untreated wooden piles (Tidwell et al., 2017). This information
version of the application, which we driven by impact hammer at low tides reveals that in both 2016 and 2017 the
deemed adequate and complete, was (not in water). The compensatory numbers of pinnipeds present at
submitted on December 10, 2015. We mitigation also includes removal of Bonneville Dam were within the range
published a notice of a proposed IHA approximately 320 untreated wooden of historical variability. The latest
and request for comments on March 21, piles from an abandoned U.S. Army USACE data does not suggest a trend
2016 (81 FR 715064). After the public Corps of Engineers (USACE) dike in a that would require a modification to the
comment period and before we issued nearby backwater area. The piles will be take estimates or to the effects analysis
the final IHA, POK requested that we removed either by direct pull or (see Table 1 below for a summary of
issue the IHA for 2017 instead of the vibratory extraction. Finally, the monitoring data by year from Tidwell et
2016 work season. We subsequently compensatory mitigation includes al., 2017). Therefore, NMFS has
published the final notice of our wetland restoration and enhancement preliminarily determined that the
issuance of the IHA on December 12, by removal of invasive species and updated information does not affect our
2016 (81 FR 89436), effective from replacement with native wetland analysis of impacts for the 2018–2019
September 1, 2017–August 31, 2018. In- species. IHA.
TABLE 1—MINIMUM ESTIMATED NUMBER OF INDIVIDUAL PINNIPEDS OBSERVED AT BONNEVILLE DAM TAILRACE AREAS AND
THE HOURS OF OBSERVATION DURING THE FOCAL SAMPLING PERIOD, 2002 TO 2017
[From Tidwell et al., 2017]
Total hours California Steller sea Total
Year Harbor seals
observed sea lions lions pinnipeds
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2002 ..................................................................................... 662 30 0 1 31
2003 ..................................................................................... 1,356 104 3 2 109
2004 ..................................................................................... 516 99 3 2 104
2005 * ................................................................................... 1,109 81 4 1 86
2006 ..................................................................................... 3,650 72 11 3 86
2007 ..................................................................................... 4,433 71 9 2 82
2008 ..................................................................................... 5,131 82 39 2 123
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![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices 40259
TABLE 1—MINIMUM ESTIMATED NUMBER OF INDIVIDUAL PINNIPEDS OBSERVED AT BONNEVILLE DAM TAILRACE AREAS AND
THE HOURS OF OBSERVATION DURING THE FOCAL SAMPLING PERIOD, 2002 TO 2017—Continued
[From Tidwell et al., 2017]
Total hours California Steller sea Total
Year Harbor seals
observed sea lions lions pinnipeds
2009 ..................................................................................... 3,455 54 26 2 82
2010 ..................................................................................... 3,609 89 75 2 166
2011 ..................................................................................... 3,315 54 89 1 144
2012 ..................................................................................... 3,404 39 73 0 112
2013 ..................................................................................... 3,247 56 80 0 136
2014 ..................................................................................... 2,947 71 65 1 137
2015 ..................................................................................... 2,995 195 a 69 0 264
2016 ..................................................................................... 1,974 149 a 54 0 203
2017 ..................................................................................... 1,142 92 a 63 1 156
* Observations did not begin until March 18 in 2005.
a In 2015, 2016, and 2017 the minimum estimated number of Steller sea lions was 55, 41, and 32, respectively. These counts were less than
the maximum number of Steller sea lions observed on one day, so Tidwell et al. (2017) used the maximum number observed on one day as the
minimum number. This difference was driven by a focus on California sea lions and lack of branding or unique markers on Steller sea lions.
Potential Effects on Marine are identical to those used in the 2017– not suggest a trend that would require
Mammals—A description of the 2018 IHA, as is the density of marine a modification to the take estimates or
potential effects of the specified mammals. The source levels, also effects analysis. Consequently, the
activities on marine mammals and their remain unchanged from the 2017–2018 proposed authorized Level B
habitat is found in the previous IHA, and NMFS’ 2016 Technical harassment take for this proposed 2018–
documents referenced above, and Guidance for Assessing the Effects of 2019 IHA is identical to the 2017–2018
remain applicable to this proposed IHA. Anthropogenic Sound on Marine IHA, as presented in Table 3 below.
There is no new information on Mammal Hearing (NMFS 2016) was However, the originally issued IHA did
potential effects that would change our used to address new acoustic thresholds not authorize any Level A harassment
analyses or determinations under the in the notice of issuance of the 2017–
take. As harbor seals are smaller and
2018–2019 IHA. 2018 IHA (see Table 2 for NMFS User
may be more difficult to detect at larger
Estimated Take—A description of the Spreadsheet inputs). As stated above,
Level A harassment zones, and to
methods and inputs used to estimate since the submittal of the application for
take anticipated to occur and, the 2017–2018 IHA (in effect from account for the potential that they may
ultimately, the take that was authorized September 1, 2017 through August 31, be unseen/may linger longer than
is found in the previous documents 2018), the USACE has published expected, a small number of takes by
referenced above. The methods of updated data on pinniped presence at Level A harassment is currently being
estimating take for this proposed IHA the Bonneville Dam, and this data does proposed.
TABLE 2—INPUTS FOR NMFS USER SPREADSHEET
Vibratory pile driving Impact pile driving Impact pile driving
Input parameter (steel) (steel) (concrete)
Weighting Factor Adjustment 1 ........................................ 2.5 ...................................... 2 ......................................... 2.
Source Level (SL) 2 ......................................................... 170 ..................................... 178 ..................................... 166.
Duration ........................................................................... 1 hour ................................ 1 hour ................................ 1 hour.
Strikes per pile ................................................................. ............................................ 1,025 .................................. 1,025.
Piles per day 3 ................................................................. 1 (1 hour duration) ............ (1 pile/hour) ....................... (1 pile/hour).
Propagation (xlogR) ......................................................... 15 ....................................... 15 ....................................... 15.
Distance from SL measurement ...................................... 10 ....................................... 10 ....................................... 10.
1 In instances where full auditory weighting functions associated with the SEL
cum metric cannot be applied, NMFS has recommended the de-
fault, single frequency weighting factor adjustments (WFAs) provided here. As described in Appendix D of NMFS’ Technical Guidance (NMFS,
2016), the intent of the WFA is to broadly account for auditory weighting functions below the 95 frequency contour percentile. Use of single fre-
quency WFA is likely to over-predict Level A harassment distances.
2 SLs from CalTrans (2012). SL for all steel piles are based on 18″ steel pipe (4 of the piles are 18″ and 12 of the piles are 12″).
3 A 1-hour duration was used as there are no haul-outs in the project area. Animals are transiting through the project area, and are not antici-
pated to be present for a full 8-hour day of pile driving activity. POK estimates 6–8 piles/day, or approximately 1 pile/hour. Animals are antici-
pated to be present for the duration of 1 pile being driven (1 hour) at most.
TABLE 3—ESTIMATED TAKE PROPOSED FOR AUTHORIZATION AND PROPORTION OF POPULATION POTENTIALLY AFFECTED
amozie on DSK3GDR082PROD with NOTICES1
Estimated Estimated Percentage
take by take by Abundance of stock Population trend
Level B Level A of stock potentially
harassment harassment affected
Harbor seal ........................................................... 1,530 10 24,732 6.2 Stable.
California sea lion ................................................. 372 0 153,337 0.2 Stable.
Steller sea lion ...................................................... 372 0 59,968 0.6 Increasing.
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Description of Mitigation, Monitoring continue during poor visibility. The Based on the information contained
and Reporting Measures—A description shutdown zone will be monitored for 30 here and in the referenced documents,
of mitigation, monitoring, and reporting minutes prior to initiating the start of NMFS has preliminarily determined the
measures is found in the previous pile driving, during the activity, and for following: (1) The authorized takes will
documents referenced above, and 30 minutes after activities have ceased. have a negligible impact on the affected
remain unchanged for this proposed If pinnipeds are present within the marine mammal species or stocks; (2)
IHA. In summary, mitigation includes shutdown zone prior to pile driving, the the required mitigation measures will
implementation of shut down start will be delayed until the animals effect the least practicable impact on
procedures if any marine mammal leave the shutdown zone of their own marine mammal species or stocks and
approaches or enters the Level A volition, or until 15 minutes elapse their habitat; (3) the authorized takes
harassment zone for pile driving (16.5 m without re-sighting the animal(s). represent small numbers of marine
[54 ft] for vibratory pile driving of steel Soft start procedures shall be mammals relative to the affected species
piles; 40 m [131 ft] for impact driving implemented at the start of each day’s or stock abundances; and (4) the POK’s
of concrete piles; and 252 m [828 ft] for impact pile driving and at any time activities will not have an unmitigable
impact driving of steel piles) and for in- following cessation of impact driving for adverse impact on taking for subsistence
water heavy machinery work other than a period of thirty minutes or longer. If purposes, as no relevant subsistence
pile driving (e.g. standard barges, barge- steel piles require impact installation or uses of marine mammals are implicated
mounted cranes, excavators, etc.), if a proofing, a bubble curtain will be used by this action.
marine mammal comes within 10 m for sound attenuation. If water velocity
operations shall cease and vessels shall is 1.6 feet per second (1.1 miles per Endangered Species Act (ESA)
reduce speed to the minimum level hour) or less for the entire installation Section 7(a)(2) of the Endangered
required to maintain steerage and safe period, the pile being driven will be Species Act of 1973 (ESA: 16 U.S.C.
working conditions. One trained surrounded by a confined or unconfined 1531 et seq.) requires that each Federal
observer shall monitor to implement bubble curtain that will distribute small agency insure that any action it
shutdowns and collect information at air bubbles around 100 percent of the authorizes, funds, or carries out is not
each active pile driving location pile perimeter for the full depth of the likely to jeopardize the continued
(whether vibratory or impact driving of water column. If water velocity is existence of any endangered or
steel or concrete piles). greater than 1.6 feet per second (1.1 threatened species or result in the
At least three observers shall be on miles per hour) at any point during destruction or adverse modification of
duty during impact driving at all times. installation, the pile being driven will designated critical habitat. To ensure
As discussed above, one observer shall be surrounded by a confined bubble ESA compliance for the issuance of
monitor and implement shutdowns and curtain (e.g., a bubble ring surrounded IHAs, NMFS consults internally
collect information at each pile driving by a fabric or non-metallic sleeve) that whenever we propose to authorize take
location at all times. In addition, two will distribute air bubbles around 100 for endangered or threatened species.
shore-based observers (one upstream of percent of the pile perimeter for the full No incidental take of ESA-listed species
the project and another downstream of depth of the water column. is expected to result from this activity,
the project), whose primary and none would be authorized.
Determinations
responsibility shall be to record Therefore, NMFS has determined that
pinnipeds in the Level B harassment The POK proposes to conduct consultation under section 7 of the ESA
zone and to alert the barge-based activities in 2018–2019 that are is not required for this action.
observer to the presence of pinnipeds, identical to those covered in the
thus creating a redundant alert system currently 2017–2018 IHA. As described Proposed Authorization
for prevention of injurious interaction as above, the number of estimated takes of NMFS proposes to issue an IHA to
well as increasing the probability of the same stocks of harbor seals (OR/WA POK for in-water construction work
detecting pinnipeds in the disturbance Coast stock), California sea lion (U.S. activities beginning September 2018
zone. At least three observers shall be stock), and Steller sea lion (Eastern DPS) through August 2019, with the proposed
on duty during vibratory pile driving is the same for this proposed IHA as mitigation, monitoring, and reporting
activity for the first two days, and those authorized in the 2017–2018 IHA, requirements. The proposed IHA
thereafter on every third day to allow for which were found to meet the negligible language is provided next.
estimation of Level B takes. Similar to impact and small numbers standards. This section contains a draft of the
requirements for impact driving, the The authorized take of 1,540 harbor IHA itself. The wording contained in
first observer shall be positioned on a seals; 372 California sea lions, and 372 this section is proposed for inclusion in
work platform or barge where the Steller sea lions represent 6.2 percent, the IHA (if issued).
entirety of the shutdown zone can be 0.2 percent, and 0.6 percent of these The Port of Kalama (POK), 110 West
monitored. Shore based observers shall stocks of marine mammals, respectively. Marine Drive, Kalama, Washington,
be positioned to observe the disturbance We evaluated the impacts of the 98625, is hereby authorized under
zone from the bank of the river. additional authorization of 10 Level A section 101(a)(5)(D) of the Marine
Protocols will be implemented to ensure harassment takes of harbor seal, and Mammal Protection Act (16 U.S.C.
that coordinated communication of find that consideration of impacts to 1371(a)(5)(D)) and 50 CFR 216.107 to
sightings occurs between observers in a these 10 individuals accruing a small take marine mammals, by harassment,
timely manner. degree of PTS does not meaningfully incidental to conducting in-water
Pile driving activities shall only be change our analysis, nor does it change construction work for the Port of
amozie on DSK3GDR082PROD with NOTICES1
conducted during daylight hours. If the our findings/determinations. This Kalama Expansion Project contingent
shutdown zone is obscured by fog or proposed IHA includes identical upon the following conditions:
poor lighting conditions, pile driving required mitigation, monitoring, and 1. This Authorization is valid from
will not be initiated until the entire reporting measures as the 2017–2018 September 1, 2018 through August 31,
shutdown zone is visible. Work that has IHA, and there is no new information 2019
been initiated appropriately in suggesting that our prior analyses or 2. (a) Timing of Activities Anticipated
conditions of good visibility may findings should change. to Result in Take of Marine Mammals:
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In-water construction/pile installation (a) Activities authorized for take of construction work. Monitoring and
(including installation and removal of marine mammals by this Authorization reporting shall be conducted in
temporary piles for construction) shall must occur only during daylight hours. accordance with the Monitoring Plan.
be conducted between September 1, (b) A bubble curtain shall be used for (a) Marine Mammal Observers—POK
2018 and January 31, 2019. sound attenuation if steel piles require shall employ observers to conduct
(b) Timing of Activities Not impact installation or proofing marine mammal monitoring for its
Anticipated to Result in Take of Marine (c) Exclusion Zone and Level B construction project. Observers shall
Mammals Harassment Zones of Influence have the following minimum
(i) Dredging would be conducted (i) Exclusion zones out to 16 m (54 ft) qualifications:
between September 1, 2017 and for vibratory driving of steel piles; 40 m (i) Visual acuity in both eyes
December 31, 2017 (131 ft) for impact driving of concrete (correction is permissible) sufficient for
piles; 252 m (828 ft) for impact driving discernment of moving targets at the
(ii) Construction/installation of
of steel piles, encompassing the Level A water’s surface with the ability to
engineered log jams (ELJ) may be
harassment zones; and 10 m for estimate target size and distance. Use of
conducted year-round
operation of in-water heavy machinery binoculars may be necessary to correctly
(iii) Construction that will take place must be implemented to avoid Level A identify the target.
below the Ordinary High Water Mark take of marine mammals due to pile (ii) Experience and ability to conduct
(OHWM), but outside of the wetted driving and avoid potential for injury or field observations and collect data
perimeter of the river (in the dry) may mortality due to operation of heavy according to assigned protocols (this
be conducted year-round machinery. may include academic experience).
(iv) Removal of wooden piles from (ii) Disturbance zones must be (iii) Experience or training in the field
former trestle in the freshwater established to include 117 m for impact identification of the marine mammals
intertidal backwater channel portion of driving of concrete piles; 1,848 m for that could potentially be encountered.
the project site (compensatory impact driving of steel piles; and the (iv) Sufficient training, orientation, or
mitigation measure of removal of 157 full line of sight (maximum of 5.7 km) experience with the construction
wooden piles) may be conducted year- for vibratory driving of steel piles. operation to provide for personal safety
round. (d) Monitoring of marine mammals during observations.
3. This Authorization is valid only for must take place starting 30 minutes (v) Writing skills sufficient to prepare
activities associated with in-water before pile driving begins and must a report of observations that will
construction work for the Port of continue until 30 minutes after pile include such information as the number
Kalama Expansion Project on driving ends. and types of marine mammals observed;
approximately 100 acres (including (e) Soft Start the behavior of marine mammals in the
uplands) at the northern end of the Port (i) Soft start procedures must be project area during construction; the
of Kalama’s North Port site (Lat. 46.049, implemented at the start of each day’s dates and times when observations were
Long. ¥122.874), located at impact pile driving and at any time conducted; the dates and times when in-
approximately river mile 72 along the following cessation of impact pile water construction activities were
lower Columbia River along the east driving for a period of 30 minutes or conducted; the dates and times when
bank in Cowlitz County, Washington. longer. marine mammals were present at or
4. (a) The species authorized for (ii) Soft start procedures require that within the defined disturbance zone;
taking are: Harbor seal (Phoca vitulina the contractor provides an initial set of and the dates and times when in-water
richardsi), California sea lion (Zalophus three strikes at reduced energy followed construction activities were suspended
californianus), and Steller sea lion by a 30-second waiting period, then two to avoid incidental harassment by
(Eumatopius jubatus). subsequent reduced energy strike sets. disturbance from construction noise.
(b) The Authorization for taking by (f) Shutdown Measures (vi) Ability to communicate orally, by
harassment is limited to the following (i) POK must implement shutdown radio or in person, with project
acoustic sources and activities: measures if a marine mammal is sighted personnel to provide real time
within, or is perceived to be information on marine mammals
(i) Impact pile driving; and
approaching, the exclusion zones observed in the area.
(ii) Vibratory pile driving activities identified in 6(c)(i) above and the (b) Individuals meeting the minimum
(including vibratory removal of associated construction or pile driving qualifications identified in 7(a), above,
temporary construction piles). activities shall immediately cease. Pile shall be present on site (on land or
(c) The taking of any marine mammal driving or in-water construction work dock/barge) at all times during pile
in a manner prohibited under this will not be resumed until the exclusion driving activities conducted for the
Authorization must be reported within zone has been observed as being clear of project.
24 hours of the taking to the National marine mammals for at least 15 minutes. (c) During all impact pile driving
Marine Fisheries Service (NMFS) West (ii) If marine mammals are present activities, observers will be stationed to
Coast Regional Administrator at (206) within the exclusion zones established allow a clear line of sight of the
526–6150 and the NMFS Chief of the in 6(c)(i) above prior to the start of in- exclusion zone (10 m [33 ft] for all in-
Permits and Conservation Division at water construction activities, these water heavy machinery operations
(301) 427–8401. activities would be delayed until the except for pile driving; the entirety of
5. The taking is limited to the species animals leave the exclusion zone of the Level A harassment zone, and the
listed, and by the numbers listed, under their own volition, or until 15 minutes entire disturbance zone for pile driving
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condition 4(a) above. The taking or elapse without resighting the animal, at activity, as identified in 6(c)(i).
death of the species identified or any which time it may be assumed that the (d) Marine mammal observers will
taking of any other species of marine animal(s) have left the exclusion zone. monitor for the first two days of
mammal is prohibited and may result in 7. Monitoring vibratory pile driving, and thereafter on
the modification, suspension, or The holder of this Authorization is every third day of vibratory pile driving.
revocation of this Authorization. required to conduct marine mammal Monitoring will be conducted by three
6. Mitigation monitoring during all in-water observers during vibratory pile driving
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![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices 40263
determines that there are no more than provide advice to the Government on Information Collection Clearance
minor changes in the activities, the the basis of their best judgment without Division, U.S. Department of Education,
mitigation and monitoring measures representing any particular point of 550 12th Street SW, PCP, Room 9086,
remain the same and appropriate, and view and in a manner that is free from Washington, DC 20202–0023.
the original findings remain valid. conflict of interest. Except for FOR FURTHER INFORMATION CONTACT: For
Dated: August 8, 2018. reimbursement of official Board-related specific questions related to collection
Donna S. Wieting,
travel and per diem, Board members activities, please contact Beth
serve without compensation. Grebeldinger, 202–377–4018.
Director, Office of Protected Resources, The public or interested organizations
National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The
may submit written statements to the
[FR Doc. 2018–17387 Filed 8–13–18; 8:45 am] Department of Education (ED), in
Board membership about the Board’s
BILLING CODE 3510–22–P accordance with the Paperwork
mission and functions. Written
Reduction Act of 1995 (PRA) (44 U.S.C.
statements may be submitted at any
3506(c)(2)(A)), provides the general
time or in response to the stated agenda
DEPARTMENT OF DEFENSE public and Federal agencies with an
of planned meeting of the Board. All
opportunity to comment on proposed,
written statements shall be submitted to
Office of the Secretary revised, and continuing collections of
the DFO for the Board, and this
information. This helps the Department
Charter Renewal of Department of individual will ensure that the written
assess the impact of its information
Defense Federal Advisory Committees statements are provided to the
collection requirements and minimize
membership for their consideration.
the public’s reporting burden. It also
AGENCY: Department of Defense. Dated: August 9, 2018. helps the public understand the
ACTION:Renewal of federal advisory Shelly Finke, Department’s information collection
committee. Alternate OSD Federal Register Liaison requirements and provide the requested
Officer, Department of Defense. data in the desired format. ED is
SUMMARY: The Department of Defense is
publishing this notice to announce that
[FR Doc. 2018–17453 Filed 8–13–18; 8:45 am] soliciting comments on the proposed
it is renewing the charter for the Board BILLING CODE 5001–06–P information collection request (ICR) that
of Visitors, National Defense University is described below. The Department of
(‘‘the Board’’). Education is especially interested in
DEPARTMENT OF EDUCATION public comment addressing the
FOR FURTHER INFORMATION CONTACT: Jim following issues: (1) Is this collection
Freeman, Advisory Committee [Docket No.: ED–2018–ICCD–0060]
necessary to the proper functions of the
Management Officer for the Department Department; (2) will this information be
of Defense, 703–692–5952. Agency Information Collection
Activities; Submission to the Office of processed and used in a timely manner;
SUPPLEMENTARY INFORMATION: The (3) is the estimate of burden accurate;
Management and Budget for Review
Board’s charter is being renewed in (4) how might the Department enhance
and Approval; Comment Request;
accordance with the Federal Advisory the quality, utility, and clarity of the
Temporary Expansion of Public
Committee Act (FACA) of 1972 (5 information to be collected; and (5) how
Service Loan Forgiveness (TE–PSLF)
U.S.C., Appendix, as amended) and 41 might the Department minimize the
CFR 102–3.50(d). The Board’s charter AGENCY: Federal Student Aid (FSA), burden of this collection on the
and contact information for the Board’s Department of Education (ED). respondents, including through the use
Designated Federal Officer (DFO) can be ACTION: Notice. of information technology. Please note
found at http://www.facadatabase.gov/. that written comments received in
The Board provides the Secretary of SUMMARY: In accordance with the response to this notice will be
Defense and the Deputy Secretary of Paperwork Reduction Act of 1995, ED is considered public records.
Defense, through the Chairman of the proposing an extension of an existing Title of Collection: Temporary
Joint Chiefs of Staff, and the President information collection. Expansion of Public Service Loan
of the National Defense University DATES: Interested persons are invited to Forgiveness (TE–PSLF).
(NDU), independent advice and submit comments on or before OMB Control Number: 1845–0151.
recommendations on accreditation September 13, 2018. Type of Review: An extension of an
compliance, organizational ADDRESSES: To access and review all the existing information collection.
management, strategic planning, documents related to the information Respondents/Affected Public:
resource management, and other matters collection listed in this notice, please Individuals or Households.
of interest to the NDU in fulfilling its use http://www.regulations.gov by Total Estimated Number of Annual
mission. Additionally, the Board searching the Docket ID number ED– Responses: 10,899.
provides an assessment of University 2018–ICCD–0060. Comments submitted Total Estimated Number of Annual
leadership, fulfilling essential Middle in response to this notice should be Burden Hours: 4,380.
States Accreditation compliance. submitted electronically through the Abstract: This is the request for the 30
The Board shall be composed of no Federal eRulemaking Portal at http:// public comment period for OMB
more than 12 members, appointed in www.regulations.gov by selecting the Information Collection 1845–0151. This
accordance to DoD policies and Docket ID number or via postal mail, collection is used to enable FSA to
procedures. The members shall be commercial delivery, or hand delivery. ensure that the required operation
amozie on DSK3GDR082PROD with NOTICES1
eminent authorities in the fields of Please note that comments submitted by changes can be implemented to allow
defense, management, leadership, fax or email and those submitted after for the benefits to be available to federal
academia, national military strategy or the comment period will not be student loan borrowers as well as to
joint planning at all levels of war, joint accepted. Written requests for remain in compliance with the statutory
doctrine, joint command and control, or information or comments submitted by requirements.
joint requirements and development. postal mail or delivery should be Section 315 of Title III, Division H in
Each Board member is appointed to addressed to the Director of the the Consolidation Appropriations Act,
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Document Created: 2018-08-14 02:19:16
Document Modified: 2018-08-14 02:19:16
| 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; proposed incidental harassment authorization; request for comments. | |
| Dates | Comments and information must be received no later than September 13, 2018. | |
| Contact | Dale Youngkin, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 83 FR 40257 | |
| RIN Number | 0648-XG13 |
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