83_FR_42628 83 FR 42465 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Mission Bay Ferry and Water Taxi Landing Project in San Francisco Bay, California

83 FR 42465 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Mission Bay Ferry and Water Taxi Landing Project in San Francisco Bay, California

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range42465-42490
FR Document2018-18056

NMFS has received a request from the Port of San Francisco for authorization to take marine mammals incidental to the Mission Bay Ferry and Water Taxi Landing Project in San Francisco Bay, California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. 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.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42465-42490]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18056]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG105


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Mission Bay Ferry and Water 
Taxi Landing Project in San Francisco Bay, California

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments on proposed authorization and possible renewal.

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SUMMARY: NMFS has received a request from the Port of San Francisco for 
authorization to take marine mammals incidental to the Mission Bay 
Ferry and Water Taxi Landing Project in San Francisco Bay, California. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to issue an incidental harassment 
authorization (IHA) to incidentally take marine mammals during the 
specified activities. NMFS is also requesting comments on a possible 
one-year renewal that could be issued under certain circumstances and 
if all requirements are met, as described in Request for Public 
Comments at the end of this notice. 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 21, 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 [email protected].
    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/node/23111 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.

FOR FURTHER INFORMATION CONTACT: Gray Redding, 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

    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 definitions 
of all applicable MMPA statutory terms cited above are included in the 
relevant sections below.

[[Page 42466]]

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an 
incidental harassment authorization) with respect to potential impacts 
on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental harassment authorizations with 
no anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS has 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 
IHA request.

Summary of Request

    On November 2, 2017, NMFS received a request from the Port of San 
Francisco for an IHA to take marine mammals incidental to pile driving 
and drilling in San Francisco Bay. NMFS determined that a revised 
version of the Port's application was adequate and complete on June 22, 
2018. The Port of San Francisco's request is for take of seven species 
of marine mammals by Level B harassment only. Neither the Port of San 
Francisco nor NMFS expects serious injury or mortality to result from 
this activity and, therefore, an IHA is appropriate.

Description of Proposed Activity

Overview

    The port of San Francisco proposes to construct the Mission Bay 
Ferry Landing (MBFL) and Water Taxi Landing (WTL) on San Francisco Bay, 
within the Port of San Francisco's Southern Waterfront in the Mission 
Bay/Central Waterfront area (see Figure 1 of IHA Application). The 
project's proposed activities that have the potential to take marine 
mammals include vibratory and impact pile driving, vibratory pile 
removal, and down the hole drilling. In addition, the project will 
include dredging, however authorization of take from this activity is 
neither requested nor proposed for authorization.
    The Mission Bay Ferry Landing, a single[hyphen]float, 
two[hyphen]berth ferry landing will provide critical regional ferry 
service to and from the Mission Bay neighborhood, one of the fastest 
growing neighborhoods in San Francisco, as well as the Dogpatch, 
Potrero Hill, Pier 70, and the Central Waterfront neighborhoods. The 
separate single float, two[hyphen]berth Water Taxi Landing will provide 
local water taxi access to the Mission Bay area and surrounding 
neighborhoods.

Dates and Duration

    The Port of San Francisco's construction, including dredging, 
vibratory and impact pile driving, and drilling for installation of the 
pier and floating docks will occur from June through November of 2019 
(environment working windows for dredging in this region of the San 
Francisco Bay established by the San Francisco Bay Long Term Management 
Strategy (LTMS Agencies, 2001). The maximum number of construction days 
possible, including dredging and all other activities, is 55 days. The 
maximum total number of days for pile installation and removal are 15 
days.

Specific Geographic Region

    As stated, the project is located in San Francisco Bay within the 
Port of San Francisco's Southern Waterfront in the Mission Bay/Central 
Waterfront area. The specific geographic location for the project is 
provided in Figures 1 and 2 of the IHA Application. The project site is 
approximately three kilometers south of the San Francisco-Oakland Bay 
Bridge, on the western side of San Francisco Bay in the Central Basin. 
The nearby waterfront is an active recreational and commercial port and 
shipyard.

Detailed Description of Specific Activity

Demolition
    Based on preliminary bathymetric surveys and historic information, 
The Port anticipates that buried remnants of concrete and wood debris 
from Pier 64-66 apron may be encountered within the Ferry Landing 
dredge boundary. All debris encountered during dredging operations will 
be removed and disposed of at an approved upland location.
    In addition, existing piles will be pulled with a cable choker or 
removed with a vibratory hammer and every effort will be made to remove 
the entire pile length. If it is necessary to utilize vibratory hammer 
to remove a pile the process will consist of approximately 1-2 minutes 
of initial vibratory use while pulling the pile up to loosen it from 
the sediment. The barge/crane then moves to the next pile to loosen. 
The operator will do this for five to eight piles then remove the 
vibratory driver and go back to dead pull the loosened piles and place 
them on a debris barge for disposal at a permitted facility. The 
vibratory use is minimal to just loosen the pile. Noise generated from 
the operation of the vibratory hammer is expected to result in the 
behavioral disturbance of marine mammals and, therefore, take 
authorization is requested, and accounted for in the ``Take Calculation 
and Estimation'' section below.
Dredging
    Dredging of approximately 129,374 cubic yards will be conducted to 
a depth of -15 feet (ft) MLLW +2 ft of overdepth within the Ferry 
Landing dredge boundary, and to a depth of -8ft MLLW +1 ft overdepth 
within the Water Taxi Landing dredge boundary.
    Best Management Practices (BMPs) will be detailed in a Dredge 
Operations Plan (DOP) submitted to the regulatory agencies for approval 
before dredging begins, and implemented. Dredging will be performed 
from a barge[hyphen]mounted crane with a clam shell bucket. Sediment 
will be transferred into adjacent barges for transport to permitted 
placement site(s). All debris encountered during dredging operations 
will be removed and disposed of at an approved upland location. Noise 
measurements of dredging activities are rare in the literature, but 
dredging is considered to be a low-impact activity for marine mammals, 
producing non-pulsed sound and being substantially quieter in terms of 
acoustic energy output than sources such as seismic airguns and impact 
pile driving. Noise produced by dredging operations has been compared 
to that produced by a commercial vessel travelling at modest speed 
(Robinson et al., 2011). Further discussion of dredging sound 
production may be found in the literature (e.g., Richardson et al., 
1995, Nedwell et al., 2008, Parvin et al., 2008, Ainslie et al., 2009). 
Generally, the effects of dredging on marine mammals are not expected 
to rise to the level of a take. As stated, take is highly unlikely and 
is not proposed to be authorized for dredging activities.
Pile Installation
    A total of 28 permanent piles will be installed as part of this 
project. Four 24-inch concrete piles will be installed on land above 
the mean highwater (MHW)

[[Page 42467]]

line, and the remaining piles will all be installed in-water as 
outlined in Table 1.
    Concrete piles used for in[hyphen]water construction of the pier 
structure for the Mission Bay Ferry Landing will involve the temporary 
installation of a steel caisson sleeve followed by drilling of the rock 
socket, with this installation and drilling process outlined below. 
Four 14-inch steel H piles will be driven with a vibratory driver to 
provide support for a 30-inch steel caisson sleeve, a large tubular 
steel pile. The steel sleeve will also be installed using a vibratory 
driver until refusal. Once the caisson is in place, sediment/soil/rock 
within the caisson will be drilled out using a Bauer BG18 drill or 
similar. All drilled sediment/soil/rock will be collected for disposal 
and transported to an appropriate permitted facility. The concrete 
piles are then inserted after the hole has been drilled. The 24-inch 
concrete piles will then be placed/seated in bedrock for grouting then 
the outer caisson and four H[hyphen]piles will be pulled. Figure 3 in 
the IHA Application provides a depiction of this process. This method 
of construction creates less overall noise and turbidity during 
installation than driven piles. Drilling also is beneficial as it 
reduces the stress and therefore chance of breakage or damage to the 
pile during installation. Overall, ten 24-inch octagonal concrete piles 
will be driven using these methods, including down the hole drilling. 
Authorization of take by Level B harassment was requested and is 
proposed for authorization by NMFS for drilling activities associated 
with 24-inch concrete piles.
    For the remaining piles, noise generated by vibratory and/or impact 
hammers is expected to result in the disturbance of marine mammals and, 
therefore, authorization of incidental take is proposed. Eight 36-inch 
steel piles for the MBFL guide piles and donut fenders and two 16-inch 
steel piles for the WTL platform will be installed with a combination 
of vibratory driver and/or impact hammer. The four remaining 20-inch 
square concrete piles to be installed in-water will be installed with 
an impact hammer.
    The Port estimates a production rate for pile driving of two to six 
piles per day, resulting in a 15 days of pile driving and removal as 
outlined in Table 1. Piles installed using an impact hammer will use a 
Delmag D36/D46/D62 or similar diesel hammer. An overview of the sound 
source levels for this pile installation can be found in Table 3. It 
should be noted that the contractor will be instructed to implement 
vibratory installation as much as possible.
    All pile driving will be performed in compliance with the ``U.S. 
Army Corps of Engineers Proposed Procedures for Permitting Projects 
that will Not Adversely Affect Selected Listed Species in California'' 
and the associated USFWS and NMFS section 7 consultation documents 
associated with these procedures.

                                 Table 1--Summary of In Water Pile Installation
----------------------------------------------------------------------------------------------------------------
                                   Pile
  Locations    Project element   diameter      Pile type     Number of       Method      Piles/day  Construction
                                  (inch)                       piles                                    days
----------------------------------------------------------------------------------------------------------------
Debris Removal................         12  Steel...........         12  If necessary, a         12
                                                                         vibratory
                                                                         hammer will be
                                                                         used to remove
                                                                         up to 12 piles
                                                                         60-120 seconds/
                                                                         pile while
                                                                         pulling the
                                                                         pile up to
                                                                         loosen it from
                                                                         the sediment.
----------------------------------------------------------------------------------------------------------------
MBFL........  Pier............         14  H-pile steel....          4  Four 14-inch             4            10
                                       30  Steel caisson...          1   steel H beams           1
                                       24  Octagonal                10   will be driven          1
                                            concrete.                    with Vibratory
                                                                         Driver 600
                                                                         seconds/pile
                                                                         to support 30-
                                                                         inch steel
                                                                         caisson sleeve
                                                                         driven with
                                                                         Vibratory
                                                                         Driver (900
                                                                         sec/pile) to
                                                                         refusal, drill
                                                                         out hole
                                                                         removing
                                                                         soils, place
                                                                         and position
                                                                         concrete pile,
                                                                         grout pile in
                                                                         place while
                                                                         simultaneously
                                                                         pulling the
                                                                         caisson.
              Float Guide              36  Steel...........          6  Vibratory                5             2
               Piles.                                                    Driver 1200
                                                                         sec/pile then
                                                                         Impact Hammer
                                                                         last 15 ft
                                                                         (150 strikes/
                                                                         pile ~20
                                                                         minutes);
                                                                         bubble curtain
                                                                         will be used
                                                                         during impact
                                                                         duration.
              Donut Fender             36  Steel...........          2  Vibratory                5  ............
               Piles.                                                    Driver 1200
                                                                         sec/pile then
                                                                         Impact Hammer
                                                                         last 15 ft
                                                                         (150 strikes/
                                                                         pile ~20
                                                                         minutes);
                                                                         bubble curtain
                                                                         will be used
                                                                         during impact
                                                                         duration.
WTL.........  Platform........         16  Steel...........          2  Vibratory                2             1
                                                                         Driver 600 sec/
                                                                         pile then
                                                                         Impact Hammer
                                                                         last 15 ft
                                                                         (500 strikes/
                                                                         pile ~20
                                                                         minutes);
                                                                         bubble curtain
                                                                         will be used
                                                                         during impact
                                                                         duration.
              Guide Piles.....         20  Square Concrete.          4  Impact Hammer            4             1
                                                                         500 strikes/
                                                                         pile (max 20
                                                                         minutes); if
                                                                         necessary
                                                                         bubble curtain
                                                                         will be used
                                                                         during impact
                                                                         duration.
----------------------------------------------------------------------------------------------------------------

Installation of Ferry Landing Structural Elements
    Installation of the pier deck, pier canopy, float, and gangway 
would be conducted from land and water-based vessels. This work would 
include the use of generators, cranes, and other heavy equipment but is 
not expected to result in any harassment of marine mammals. Therefore, 
no take is requested or proposed for authorization for these 
activities.
    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in this document (please see Proposed 
Mitigation and Proposed Monitoring and Reporting).

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

[[Page 42468]]

and life history, of the potentially affected species. Additional 
information regarding population trends and threats may be found in 
NMFS's Stock Assessment Reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and 
more general information about these species (e.g., physical and 
behavioral descriptions) may be found on NMFS's website (https://www.fisheries.noaa.gov/find-species).
    Table 2 lists all species with expected potential for occurrence in 
the Mission Bay/Central Waterfront area of San Francisco Bay and 
summarizes information related to the population or stock, including 
regulatory status under the MMPA and ESA and potential biological 
removal (PBR), where known. For taxonomy, we follow the Committee on 
Taxonomy (2017). PBR is defined by the MMPA as the maximum number of 
animals, not including natural mortalities, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
optimum sustainable population (as described in NMFS's SARs). While 
NMFS neither anticipates nor proposes to authorize mortality here, PBR 
and annual serious injury and mortality from anthropogenic sources are 
included here as gross indicators of the status of the species and 
other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS's stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. 2017 SARs (Carretta et al., 2017). All values presented in 
Table 2 are the most recent available at the time of publication and 
are available in the 2017 SARs (Carretta et al., 2017).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Stock  abundance  (CV,
                                                                                        ESA/ MMPA  status;    Nmin,  most recent               Annual  M/
             Common name                  Scientific name               Stock             strategic  (Y/N)  abundance  survey) \2\     PBR       SI \3\
                                                                                                \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Family Eschrichtiidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray whale..........................  Eschrichtius robustus..  Eastern North Pacific..  -/-; N              20,990 (0.05, 20,125,         624        132
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Family Balaenopteridae (rorquals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale......................  Megaptera novaeangliae.  California/Oregon/       E/D; Y              1,918 (0.03, 1,876,            11       >6.5
                                                                Washington.                                  2014).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bottlenose dolphin..................  Tursiops truncatus.....  California Coastal.....  -/-; N              453 (0.06, 346, 2011).        2.7         >2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocoenidae (porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor porpoise.....................  Phocoena phocoena......  San Francisco-Russian    -/-; N              9,886 (0.51, 6,625,            66          0
                                                                River.                                       2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion.................  Zalophus californianus.  U.S....................  -/-; N              296,750 (n/a, 153,337,      9,200        389
                                                                                                             2011).
Northern fur seal...................  Callorhinus ursinus....  California.............  -/-; N              14,050 (n/a, 7,524,           451        1.8
                                                                                                             2013).
                                                               Eastern North Pacific..  -/-; N              626,734 (n/a, 530,474,     11,405        1.1
                                                                                                             2014).
Guadalupe fur seal..................  Arctocephalus townsendi  Mexico to California...  T/D; Y              20,000 (n/a, 15,830,          542       >3.2
                                                                                                             2010).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific harbor seal.................  Phoca vitulina           California.............  -/-; N              30,968 (n/a, 27,348,        1,641         43
                                       richardii.                                                            2012).
Northern elephant seal..............  Mirounga angustirostris  California Breeding....  -/-; N              179,000 (n/a, 81,368,       4,882        8.8
                                                                                                             2010).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFSs SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated
  with estimated mortality due to commercial fisheries is presented in some cases.
Note: Italicized species are not expected to be taken or proposed for authorization.

    All species that could potentially occur in the Port's proposed 
project area in San Francisco Bay are included in Table 2. However, the 
temporal and/or spatial occurrence of humpback whale and Guadalupe fur 
seal is such that take is not expected to occur, and they are not 
discussed further beyond the explanation provided here. Humpback whales 
are rare visitors to the interior of San Francisco Bay. A recent, 
seasonal influx of humpback whales inside San

[[Page 42469]]

Francisco Bay near the Golden Gate was recorded from April to November 
in 2016 and 2017 (Keener 2017). The Golden Gate is outside of this 
project's action area and humpback whales are not expected to be 
present during the project. Guadalupe fur seals occasionally range into 
the waters of northern California and the Pacific Northwest. The 
Farallon Islands (off central California) and Channel Islands (off 
southern California) are used as haulouts during these movements (Simon 
2016). Juvenile Guadalupe fur seals occasionally strand in the vicinity 
of San Francisco, especially during El Ni[ntilde]o events. Most 
strandings along the California coast are animals younger than two 
years old, with evidence of malnutrition (NMFS 2017a). Because 
Guadalupe fur seals are highly rare in the area, and sightings are 
associated with abnormal weather conditions, such as El Ni[ntilde]o 
events, NMFS has determined that no Guadalupe fur seals are likely to 
occur in the project vicinity and, therefore, no take is expected to 
occur.

Harbor Seal

    Harbor seals are found from Baja California to the eastern Aleutian 
Islands of Alaska. The species primarily hauls out on remote mainland 
and island beaches and reefs, and estuary areas. Harbor seals tend to 
forage locally within 53 miles (mi) (85 kilometers (km)) of haul-out 
sites (Harvey and Goley 2011). Harbor seal is the most common marine 
mammal species observed in the Bay and individuals are commonly seen 
near the San Francisco-Oakland Bay Bridge east span (CalTrans 2013b, 
2013c). Tagging studies have shown that most seals tagged in the Bay 
remain in the Bay (Harvey and Goley 2011; Manugian 2013). Foraging 
often occurs in the Bay, as noted by observations of seals exhibiting 
foraging behavior (short dives less than five minutes, moving back and 
forth in an area, and sometimes tearing up prey at the surface).

Gray Whale

    Gray whales are large baleen whales. They grow to approximately 50 
ft in length and weigh up to 40 tons. They are one of the most 
frequently seen whales along the California coast, easily recognized by 
their mottled gray color and lack of dorsal fin. Adult whales carry 
heavy loads of attached barnacles, which add to their mottled 
appearance. Gray whales are divided into the Eastern North Pacific and 
Western North Pacific stocks. Both stocks migrate each year along the 
west coast of continental North America and Alaska. The Eastern North 
Pacific stock is much larger and is more likely to occur in the San 
Francisco Bay area. Western North Pacific Gray whales have summer and 
fall feeding grounds in the Okhotsk Sea off northeast Sakhalin Island, 
Russia, and off southeastern Kamchatka in the Bering Sea (NMFS 2017c), 
so they would not be expected to occur in San Francisco Bay during 
construction activity for this project. With the exception of an 
unusual mortality event in 1999 and 2000, the population of Eastern 
North Pacific stock has increased over the last 20 years and has been 
stable since the 1990s (NMFS 2015c).
    Gray whales are the only baleen whale known to feed on the sea 
floor, where they scoop up bottom sediments to filter out benthic 
crustaceans, mollusks, and worms (NMFS 2015c). They feed in northern 
waters primarily off the Bering, Chukchi, and western Beaufort Seas 
during the summer. Between December and January, late-stage pregnant 
females, adult males, and immature females and males migrate southward 
to breeding areas around Mexico. The northward migration occurs between 
February and March. Coastal waters just outside San Francisco Bay are 
considered a migratory Biologically Important Area for the northward 
progression of gray whales (Calambokidis et al., 2015). During this 
time, recently pregnant females, adult males, immature females, and 
females with calves move north to the feeding grounds (Calambokidis et 
al., 2014). A few individuals enter into the San Francisco Bay during 
their northward migration.

Bottlenose Dolphins

    Bottlenose dolphins are distributed world-wide in tropical and 
warm-temperate waters. In many regions, including California, separate 
coastal and offshore populations are known (Walker 1981; Ross and 
Cockcroft 1990; Van Waerebeek et al. 1990). The California coastal 
stock of bottlenose dolphins is distinct from the offshore stock, based 
on significant differences in genetics and cranial morphology (Perrin 
et al. 2011, Lowther-Thielking et al. 2015). California coastal 
bottlenose dolphins are found within about one km of shore (Hansen, 
1990; Carretta et al. 1998; Defran and Weller 1999) with the range 
extending north over the last several decades related to El Ni[ntilde]o 
events and increased ocean temperatures. As the range of bottlenose 
dolphins extended north, dolphins began entering the Bay in 2010 
(Szczepaniak 2013). Until 2016, most bottlenose dolphins in San 
Francisco Bay were observed in the western Bay, from the Golden Gate 
Bridge to Oyster Point and Redwood City (Perlman 2017).

Harbor Porpoise

    Harbor porpoise are seldom found in waters warmer than 62.6 degrees 
Fahrenheit (17 degrees Celsius) (Read 1990) or south of Point 
Conception, and occurs as far north as the Bering Sea (Barlow and Hanan 
1995; Carretta et al., 2017). The San Francisco-Russian River stock is 
found from Pescadero, 18 mi (30 km) south of the Bay, to 99 mi (160 km) 
north of the Bay at Point Arena (Carretta et al., 2017). In most areas, 
harbor porpoise occurs in small groups, consisting of just a few 
individuals.
    Occasional sightings of harbor porpoises in the Bay, including near 
the Yerba Buena Island harbor seal haul[hyphen]out site, were reported 
by the Caltrans marine mammal monitoring program beginning in 2008 
(Caltrans 2018). Continued sightings from Caltrans and the Golden Gate 
Cetacean Research (GGCR) Organization suggests that the species is 
returning to San Francisco Bay after an absence of approximately 65 
years (GGCR 2010). This re[hyphen]immergence is not unique to San 
Francisco Bay, but rather indicative of the harbor porpoise in general 
along the west coast. GGCR has been issued a scientific research permit 
from NMFS for a multi[hyphen]year assessment to document the population 
abundance and distribution in the Bay (82 FR 60374). Recent 
observations of harbor porpoises have been reported by GGCR researchers 
off Cavallo Point, outside Raccoon Strait between Tiburon and Angel 
Island, off Fort Point and as far into the Bay as Carquinez Strait 
(Perlman 2010). Based on the Caltrans and GGCR monitoring, over 100 
porpoises were seen at one time entering San Francisco Bay; and over 
600 individual animals have been documented in a photo[hyphen]ID 
database. Reported sightings are concentrated in the vicinity of the 
Golden Gate Bridge and Angel Island, with lesser numbers sighted south 
of Alcatraz and west of Treasure Island (AECOM 2017).

California Sea Lion

    California sea lions breed on the offshore islands of California 
from May through July (Heath and Perrin 2009). During the non-breeding 
season, adult and sub-adult males and juveniles migrate northward along 
the coast, to central and northern California, Oregon, Washington, and 
Vancouver Island (Jefferson et al., 1993). They return south the 
following spring (Lowry and Forney 2005; Heath and Perrin 2009). 
Females and some juveniles tend to

[[Page 42470]]

remain closer to rookeries (Antonelis et al., 1990; Melin et al., 
2008).
    In San Francisco Bay, California sea lions have been observed at 
Angel Island and occupying the docks near Pier 39 which is the largest 
California sea lion haul[hyphen]out in San Francisco Bay. A maximum of 
1,706 sea lions were counted at Pier 39 in 2009. However, since then 
the population has averaged at about 50-300 depending upon the season 
(TMMC 2017). This group of sea lions has decreased in size in recent 
years, coincident with a fluctuating decrease in the herring population 
in the Bay. There are no known breeding sites within San Francisco Bay. 
Their primary breeding site is in the Channel Islands (USACE 2011). The 
sea lions appear at Pier 39 after returning from the Channel Islands at 
the beginning of August (Bauer 1999). No other sea lion haul[hyphen]out 
sites have been identified in the Bay and no pupping has been observed 
at the Pier 39 site or any other site in San Francisco Bay under normal 
conditions (USACE 2011). Although there has been documentation of 
pupping on docks in the Bay, this event was during a domoic acid event. 
The Port does not anticipate that any domoic events will occur during 
the project construction activities.
    The project site is approximately four miles away from Pier 39. 
Although there is little information regarding the foraging behavior of 
the California sea lion in southern San Francisco Bay, they have been 
observed foraging on a regular basis in the shipping channel south of 
Yerba Buena Island.
    Foraging grounds have also been identified for pinnipeds, including 
sea lions, between Yerba Buena Island and Treasure Island, as well as 
off the Tiburon Peninsula (Caltrans, 2006). The California sea lions 
that use the Pier 39 haul[hyphen]out site may be feeding on Pacific 
herring (Clupea harengus), northern anchovy, and other prey in the 
waters of San Francisco Bay (Caltrans, 2013a). In addition to the Pier 
39 haul[hyphen]out, California sea lions haul out on buoys and similar 
structures throughout San Francisco Bay. They mainly are seen swimming 
off the San Francisco and Marin shorelines within San Francisco Bay, 
but may occasionally enter the project area to forage.

Northern Elephant Seal

    Northern elephant seal is common on California coastal mainland and 
island sites, where the species pups, breeds, rests, and molts. The 
largest rookeries are on San Nicolas and San Miguel islands in the 
northern Channel Islands. Near the Bay, elephant seals breed, molt, and 
haul out at A[ntilde]o Nuevo Island, the Farallon Islands, and Point 
Reyes National Seashore.
    Northern elephant seals haul out to give birth and breed from 
December through March. Pups remain onshore or in adjacent shallow 
water through May. Both sexes make two foraging migrations each year: 
One after breeding and the second after molting (Stewart 1989; Stewart 
and DeLong 1995). Adult females migrate to the central North Pacific to 
forage, and males migrate to the Gulf of Alaska to forage (Robinson et 
al. 2012). Pup mortality is high when they make the first trip to sea 
in May, and this period correlates with the time of most strandings. 
Pups of the year return in the late summer and fall, to haul out at 
breeding rookery and small haul out sites, but occasionally they may 
make brief stops in the Bay.
    Generally, only juvenile elephant seals enter the Bay and do not 
remain long. The most recent sighting near the project area was in 
2012, on the beach at Clipper Cove on Treasure Island, when a healthy 
yearling elephant seal hauled out for approximately 1 day. 
Approximately 100 juvenile northern elephant seals strand in or near 
the Bay each year, including individual strandings at Yerba Buena 
Island (YBI) and Treasure Island (less than 10 strandings per year).

Northern Fur Seal

    Northern fur seal breeds on the offshore islands of California and 
in the Bering Sea from May through July. Two stocks of Northern fur 
seals may occur near the Bay, the California and Eastern Pacific 
stocks. The California stock breeds, pups, and forages off the 
California coast. The Eastern Pacific stock breeds and pups on islands 
in the Bering Sea, but females and juveniles move south to California 
waters to forage in the fall and winter months.
    Both the California and Eastern Pacific stocks forage in the 
offshore waters of California, but only sick, emaciated, or injured fur 
seals enter the Bay. The Marine Mammal Center (TMMC) occasionally picks 
up stranded fur seals around YBI and Treasure Island.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect 
this, Southall et al. (2007) recommended that marine mammals be divided 
into functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 dB 
threshold from the normalized composite audiograms, with the exception 
for lower limits for low-frequency cetaceans where the lower bound was 
deemed to be biologically implausible and the lower bound from Southall 
et al. (2007) retained. The functional groups and the associated 
frequencies are indicated below (note that these frequency ranges 
correspond to the range for the composite group, with the entire range 
not necessarily reflecting the capabilities of every species within 
that group):
     Low-frequency cetaceans (mysticetes): Generalized hearing 
is estimated to occur between approximately 7 Hz and 35 kHz;
     Mid-frequency cetaceans (larger toothed whales, beaked 
whales, and most delphinids): Generalized hearing is estimated to occur 
between approximately 150 Hz and 160 kHz;
     High-frequency cetaceans (porpoises, river dolphins, and 
members of the genera Kogia and Cephalorhynchus; including two members 
of the genus Lagenorhynchus, on the basis of recent echolocation data 
and genetic data): Generalized hearing is estimated to occur between 
approximately 275 Hz and 160 kHz.
     Pinnipeds in water; Phocidae (true seals): Generalized 
hearing is estimated to occur between approximately 50 Hz to 86 kHz;
     Pinnipeds in water; Otariidae (eared seals): Generalized 
hearing is estimated to occur between 60 Hz and 39 kHz.
    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more detail concerning these groups and associated frequency 
ranges,

[[Page 42471]]

please see NMFS (2018) for a review of available information. Seven 
marine mammal species (three cetacean and four pinniped (two otariid 
and two phocid) species) have the reasonable potential to co-occur with 
the proposed survey activities. Please refer to Table 2. Of the 
cetacean species that may be present, the gray whale is classified as a 
low-frequency cetacean, the bottlenose dolphin is classified as a mid-
frequency cetacean, and the harbor porpoise is classified as a high-
frequency cetacean.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The ``Estimated Take'' section later in this document 
includes a quantitative analysis of the number of individuals that are 
expected to be taken by this activity. The ``Negligible Impact Analysis 
and Determination'' section considers the content of this section, the 
``Estimated Take'' section, and the ``Proposed Mitigation'' section, to 
draw conclusions regarding the likely impacts of these activities on 
the reproductive success or survivorship of individuals and how those 
impacts on individuals are likely to impact marine mammal species or 
stocks.

Description of Sound

    Sound travels in waves, the basic components of which are 
frequency, wavelength, velocity, and amplitude. Frequency is the number 
of pressure waves that pass by a reference point per unit of time and 
is measured in Hz or cycles per second. Wavelength is the distance 
between two peaks of a sound wave; lower frequency sounds have longer 
wavelengths than higher frequency sounds. Amplitude is the height of 
the sound pressure wave or the `loudness' of a sound and is typically 
measured using the dB scale. A dB is the ratio between a measured 
pressure (with sound) and a reference pressure (sound at a constant 
pressure, established by scientific standards). It is a logarithmic 
unit that accounts for large variations in amplitude; therefore, 
relatively small changes in dB ratings correspond to large changes in 
sound pressure. When referring to sound pressure levels (SPLs; the 
sound force per unit area), sound is referenced in the context of 
underwater sound pressure to one microPascal ([mu]Pa). One pascal is 
the pressure resulting from a force of one newton exerted over an area 
of one square meter (m\2\). The source level (SL) represents the sound 
level at a distance of 1 m from the source (referenced to 1 [mu]Pa). 
The received level is the sound level at the listener's position. Note 
that all underwater sound levels in this document are referenced to a 
pressure of 1 [mu]Pa and all airborne sound levels in this document are 
referenced to a pressure of 20 [mu]Pa.
    Root mean square (rms) is the quadratic mean sound pressure over 
the duration of an impulse. Rms is calculated by squaring all of the 
sound amplitudes, averaging the squares, and then taking the square 
root of the average (Urick 1983). Rms accounts for both positive and 
negative values; squaring the pressures makes all values positive so 
that they may be accounted for in the summation of pressure levels 
(Hastings and Popper 2005). This measurement is often used in the 
context of discussing behavioral effects, in part because behavioral 
effects, which often result from auditory cues, may be better expressed 
through averaged units than by peak pressures.
    When underwater objects vibrate or activity occurs, sound-pressure 
waves are created. These waves alternately compress and decompress the 
water as the sound wave travels. Underwater sound waves radiate in all 
directions away from the source (similar to ripples on the surface of a 
pond), except in cases where the source is directional. The 
compressions and decompressions associated with sound waves are 
detected as changes in pressure by aquatic life and man-made sound 
receptors such as hydrophones.
    Even in the absence of sound from the specified activity, the 
underwater environment is typically loud due to ambient sound. Ambient 
sound is defined as environmental background sound levels lacking a 
single source or point (Richardson et al., 1995), and the sound level 
of a region is defined by the total acoustical energy being generated 
by known and unknown sources. These sources may include physical (e.g., 
waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds 
produced by marine mammals, fish, and invertebrates), and anthropogenic 
sound (e.g., vessels, dredging, aircraft, construction). A number of 
sources contribute to ambient sound, including the following 
(Richardson et al., 1995):
     Wind and waves: The complex interactions between wind and 
water surface, including processes such as breaking waves and wave-
induced bubble oscillations and cavitation, are a main source of 
naturally occurring ambient noise for frequencies between 200 Hz and 50 
kilohertz (kHz) (Mitson 1995). In general, ambient sound levels tend to 
increase with increasing wind speed and wave height. Surf noise becomes 
important near shore, with measurements collected at a distance of 8.5 
km from shore showing an increase of 10 dB in the 100 to 700 Hz band 
during heavy surf conditions.
     Precipitation: Sound from rain and hail impacting the 
water surface can become an important component of total noise at 
frequencies above 500 Hz, and possibly down to 100 Hz during quiet 
times.
     Biological: Marine mammals can contribute significantly to 
ambient noise levels, as can some fish and shrimp. The frequency band 
for biological contributions is from approximately 12 Hz to over 100 
kHz.
     Anthropogenic: Sources of ambient noise related to human 
activity include transportation (surface vessels and aircraft), 
dredging and construction, oil and gas drilling and production, seismic 
surveys, sonar, explosions, and ocean acoustic studies. Shipping noise 
typically dominates the total ambient noise for frequencies between 20 
and 300 Hz. In general, the frequencies of anthropogenic sounds are 
below 1 kHz and, if higher frequency sound levels are created, they 
attenuate rapidly (Richardson et al., 1995). Sound from identifiable 
anthropogenic sources other than the activity of interest (e.g., a 
passing vessel) is sometimes termed background sound, as opposed to 
ambient sound.
    The sum of the various natural and anthropogenic sound sources at 
any given location and time--which comprise ``ambient'' or 
``background'' sound--depends not only on the source levels (as 
determined by current weather conditions and levels of biological and 
shipping activity) but also on the ability of sound to propagate 
through the environment. In turn, sound propagation is dependent on the 
spatially and temporally varying properties of the water column and sea 
floor, and is frequency-dependent. As a result of the dependence on a 
large number of varying factors, ambient sound levels can be expected 
to vary widely over both coarse and fine spatial and temporal scales. 
Sound levels at a given frequency and location can vary by 10-20 dB 
from day to day (Richardson et al., 1995). The result is that, 
depending on the source type and its intensity, sound from the 
specified activity may be a negligible addition to the local 
environment or could form a distinctive signal that may affect marine 
mammals.

Description of Sound Sources

    In-water construction activities associated with the project would 
include impact pile driving, vibratory

[[Page 42472]]

pile driving, vibratory pile removal, and down the hole drilling. The 
sounds produced by these activities fall into one of two general sound 
types: Impulsive and non-impulsive (defined in the following). The 
distinction between these two sound types is important because they 
have differing potential to cause physical effects, particularly with 
regard to hearing (e.g., Ward 1997 in Southall et al., 2007). Please 
see Southall et al. (2007) for an in-depth discussion of these 
concepts.
    Impulsive sound sources (e.g., explosions, gunshots, sonic booms, 
impact pile driving) produce signals that are brief (typically 
considered to be less than one second), broadband, atonal transients 
(ANSI 1986; Harris 1998; NIOSH 1998; ISO 2003; ANSI 2005) and occur 
either as isolated events or repeated in some succession. Impulsive 
sounds are all characterized by a relatively rapid rise from ambient 
pressure to a maximal pressure value followed by a rapid decay period 
that may include a period of diminishing, oscillating maximal and 
minimal pressures, and generally have an increased capacity to induce 
physical injury as compared with sounds that lack these features.
    Non-impulsive sounds can be tonal, narrowband, or broadband, brief 
or prolonged, and may be either continuous or non-continuous (NIOSH 
1998). Some of these non-impulsive sounds can be transient signals of 
short duration but without the essential properties of impulses (e.g., 
rapid rise time). Examples of non-impulsive sounds include those 
produced by vessels, aircraft, machinery operations such as drilling or 
dredging, vibratory pile driving, and active sonar systems. The 
duration of such sounds, as received at a distance, can be greatly 
extended in a highly reverberant environment.
    Impact hammers operate by repeatedly dropping a heavy piston onto a 
pile to drive the pile into the substrate. Sound generated by impact 
hammers is characterized by rapid rise times and high peak levels, a 
potentially injurious combination (Hastings and Popper 2005). Vibratory 
hammers install piles by vibrating them and allowing the weight of the 
hammer to push them into the sediment. Vibratory hammers produce 
significantly less sound than impact hammers. Peak SPLs may be 180 dB 
or greater, but are generally 10 to 20 dB lower than SPLs generated 
during impact pile driving of the same-sized pile (Oestman et al., 
2009). Rise time is slower, reducing the probability and severity of 
injury, and sound energy is distributed over a greater amount of time 
(Nedwell and Edwards 2002; Carlson et al., 2005).

Acoustic Impacts

    Anthropogenic sounds cover a broad range of frequencies and sound 
levels and can have a range of highly variable impacts on marine life, 
from none or minor to potentially severe responses, depending on 
received levels, duration of exposure, behavioral context, and various 
other factors. The potential effects of underwater sound from active 
acoustic sources can potentially result in one or more of the following 
direct impacts on marine mammals; temporary or permanent hearing 
impairment, non-auditory physical or physiological effects, behavioral 
disturbance, stress, and masking (Richardson et al., 1995; Gordon et 
al., 2004; Nowacek et al., 2007; Southall et al., 2007; Gotz et al., 
2009). The degree of effect is intrinsically related to the signal 
characteristics, received level, distance from the source, and duration 
of the sound exposure. In general, sudden, high level sounds can cause 
hearing loss, as can longer exposures to lower level sounds. Temporary 
or permanent loss of hearing will occur almost exclusively for noise 
within an animal's hearing range. We first describe specific 
manifestations of acoustic effects before providing discussion specific 
to the Port of San Fancisco's construction activities.
    Richardson et al. (1995) described zones of increasing intensity of 
effect that might be expected to occur, in relation to distance from a 
source and assuming that the signal is within an animal's hearing 
range. First is the area within which the acoustic signal would be 
audible (potentially perceived) to the animal, but not strong enough to 
elicit any overt behavioral or physiological response. The next zone 
corresponds with the area where the signal is audible to the animal and 
of sufficient intensity to elicit behavioral or physiological 
responsiveness. Third is a zone within which, for signals of high 
intensity, the received level is sufficient to potentially cause 
discomfort or tissue damage to auditory or other systems. Overlaying 
these zones to a certain extent is the area within which masking (i.e., 
when a sound interferes with or masks the ability of an animal to 
detect a signal of interest that is above the absolute hearing 
threshold) may occur; the masking zone may be highly variable in size.
    We describe the more severe effects (i.e., permanent hearing 
impairment, certain non-auditory physical or physiological effects) 
only briefly as we do not expect that there is a reasonable likelihood 
that the Port of San Francisco's activities may result in such effects 
(see below for further discussion). Marine mammals exposed to high-
intensity sound, or to lower-intensity sound for prolonged periods, can 
experience hearing threshold shift (TS), which is the loss of hearing 
sensitivity at certain frequency ranges (Kastak et al., 1999; Schlundt 
et al., 2000; Finneran et al., 2002, 2005). TS can be permanent (PTS), 
in which case the loss of hearing sensitivity is not fully recoverable, 
or temporary (TTS), in which case the animal's hearing threshold would 
recover over time (Southall et al., 2007). Repeated sound exposure that 
leads to TTS could cause PTS. In severe cases of PTS, there can be 
total or partial deafness, while in most cases the animal has an 
impaired ability to hear sounds in specific frequency ranges (Kryter 
1985).
    When PTS occurs, there is physical damage to the sound receptors in 
the ear (i.e., tissue damage), whereas TTS represents primarily tissue 
fatigue and is reversible (Southall et al., 2007). In addition, other 
investigators have suggested that TTS is within the normal bounds of 
physiological variability and tolerance and does not represent physical 
injury (e.g., Ward 1997). Therefore, NMFS does not consider TTS to 
constitute auditory injury.
    Relationships between TTS and PTS thresholds have not been studied 
in marine mammals--PTS data exists only for a single harbor seal 
(Kastak et al., 2008)--but are assumed to be similar to those in humans 
and other terrestrial mammals. PTS typically occurs at exposure levels 
at least several dB above a 40-dB threshold shift approximates PTS 
onset; e.g., Kryter et al., 1966; Miller, 1974 found that inducing mild 
TTS (a 6-dB threshold shift) approximates TTS onset (e.g., Southall et 
al., 2007). Based on data from terrestrial mammals, a precautionary 
assumption is that the PTS thresholds for impulsive sounds (such as 
impact pile driving sounds received close to the source) are at least 6 
dB higher than the TTS threshold on a peak-pressure basis and PTS 
cumulative sound exposure level thresholds are 15 to 20 dB higher than 
TTS cumulative sound exposure level thresholds (Southall et al., 2007). 
Given the higher level of sound or longer exposure duration necessary 
to cause PTS as compared with TTS, it is considerably less likely that 
PTS could occur.
    TTS is the mildest form of hearing impairment that can occur during 
exposure to sound (Kryter 1985). While experiencing TTS, the hearing 
threshold rises, and a sound must be at a higher

[[Page 42473]]

level in order to be heard. In terrestrial and marine mammals, TTS can 
last from minutes or hours to days (in cases of strong TTS). In many 
cases, hearing sensitivity recovers rapidly after exposure to the sound 
ends. Few data on sound levels and durations necessary to elicit mild 
TTS have been obtained for marine mammals.
    Marine mammal hearing plays a critical role in communication with 
conspecifics, and interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS, and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to 
serious. For example, a marine mammal may be able to readily compensate 
for a brief, relatively small amount of TTS in a non-critical frequency 
range that occurs during a time where ambient noise is lower and there 
are not as many competing sounds present. Alternatively, a larger 
amount and longer duration of TTS sustained during a time when 
communication is critical for successful mother/calf interactions could 
have more serious impacts.
    Currently, TTS data only exist for four species of cetaceans 
(bottlenose dolphin (Tursiops truncatus), beluga whale (Delphinapterus 
leucas), harbor porpoise, and Yangtze finless porpoise (Neophocoena 
asiaeorientalis) and three species of pinnipeds (northern elephant 
seal, harbor seal, and California sea lion) exposed to a limited number 
of sound sources (i.e., mostly tones and octave-band noise) in 
laboratory settings (e.g., Finneran et al., 2002; Nachtigall et al., 
2004; Kastak et al., 2005; Lucke et al., 2009; Popov et al., 2011). In 
general, harbor seals (Kastak et al., 2005; Kastelein et al., 2012a) 
and harbor porpoises (Lucke et al., 2009; Kastelein et al., 2012b) have 
a lower TTS onset than other measured pinniped or cetacean species. 
Additionally, the existing marine mammal TTS data come from a limited 
number of individuals within these species. There are no data available 
on noise-induced hearing loss for mysticetes. For summaries of data on 
TTS in marine mammals or for further discussion of TTS onset 
thresholds, please see Finneran (2015).
    In addition to PTS and TTS, there is a potential for non-auditory 
physiological effects or injuries that theoretically might occur in 
marine mammals exposed to high level underwater sound or as a secondary 
effect of extreme behavioral reactions (e.g., change in dive profile as 
a result of an avoidance reaction) caused by exposure to sound. These 
impacts can include neurological effects, bubble formation, resonance 
effects, and other types of organ or tissue damage (Cox et al., 2006; 
Southall et al., 2007; Zimmer and Tyack 2007). The Port of San 
Francisco's activities do not involve the use of devices such as 
explosives or mid-frequency active sonar that are associated with these 
types of effects. These impacts are not anticipated to occur as a 
result of the Port's work and are not discussed further.
    When a live or dead marine mammal swims or floats onto shore and is 
incapable of returning to sea, the event is termed a ``stranding'' (16 
U.S.C. 1421h(3)). Marine mammals are known to strand for a variety of 
reasons, such as infectious agents, biotoxicosis, starvation, fishery 
interaction, ship strike, unusual oceanographic or weather events, 
sound exposure, or combinations of these stressors sustained 
concurrently or in series (e.g., Geraci et al., 1999). However, the 
cause or causes of most strandings are unknown (e.g., Best 1982). 
Combinations of dissimilar stressors may combine to kill an animal or 
dramatically reduce its fitness, even though one exposure without the 
other would not be expected to produce the same outcome (e.g., Sih et 
al., 2004). For further description of stranding events see, e.g., 
Southall et al., 2006; Jepson et al., 2013; Wright et al., 2013.
Behavioral Effects
    Behavioral disturbance may include a variety of effects, including 
subtle changes in behavior (e.g., minor or brief avoidance of an area 
or changes in vocalizations), more conspicuous changes in similar 
behavioral activities, and more sustained and/or potentially severe 
reactions, such as displacement from or abandonment of high-quality 
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic 
factors (e.g., species, state of maturity, experience, current 
activity, reproductive state, auditory sensitivity, time of day), as 
well as the interplay between factors (e.g., Richardson et al., 1995; 
Wartzok et al., 2003; Southall et al., 2007; Weilgart, 2007; Archer et 
al., 2010). Behavioral reactions can vary not only among individuals 
but also within an individual, depending on previous experience with a 
sound source, context, and numerous other factors (Ellison et al., 
2012), and can vary depending on characteristics associated with the 
sound source (e.g., whether it is moving or stationary, number of 
sources, distance from the source). Please see Appendices B-C of 
Southall et al. (2007) for a review of studies involving marine mammal 
behavioral responses to sound.
    Habituation can occur when an animal's response to a stimulus wanes 
with repeated exposure, usually in the absence of unpleasant associated 
events (Wartzok et al., 2003). Animals are most likely to habituate to 
sounds that are predictable and unvarying. It is important to note that 
habituation is appropriately considered as a ``progressive reduction in 
response to stimuli that are perceived as neither aversive nor 
beneficial,'' rather than as, more generally, moderation in response to 
human disturbance (Bejder et al., 2009). The opposite process is 
sensitization, when an unpleasant experience leads to subsequent 
responses, often in the form of avoidance, at a lower level of 
exposure. As noted, behavioral state may affect the type of response. 
For example, animals that are resting may show greater behavioral 
change in response to disturbing sound levels than animals that are 
highly motivated to remain in an area for feeding (Richardson et al., 
1995; NRC 2003; Wartzok et al., 2003). Controlled experiments with 
captive marine mammals have showed pronounced behavioral reactions, 
including avoidance of loud sound sources (Ridgway et al., 1997; 
Finneran et al., 2003). Observed responses of wild marine mammals to 
loud-impulsive sound sources (typically seismic airguns or acoustic 
harassment devices) have been varied but often consist of avoidance 
behavior or other behavioral changes suggesting discomfort (Morton and 
Symonds 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
    Available studies show wide variation in response to underwater 
sound; therefore, it is difficult to predict specifically how any given 
sound in a particular instance might affect marine mammals perceiving 
the signal. If a marine mammal does react briefly to an underwater 
sound by changing its behavior or moving a small distance, the impacts 
of the change are unlikely to be significant to the individual, let 
alone the stock or population. However, if a sound source displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder 2007; Weilgart 2007; NRC 2005). 
However, there are broad categories of potential response, which we 
describe in greater detail here, that include alteration of dive 
behavior, alteration of foraging behavior, effects to breathing,

[[Page 42474]]

interference with or alteration of vocalization, avoidance, and flight.
    Changes in dive behavior can vary widely, and may consist of 
increased or decreased dive times and surface intervals as well as 
changes in the rates of ascent and descent during a dive (e.g., Frankel 
and Clark 2000; Costa et al., 2003; Ng and Leung 2003; Nowacek et al., 
2004; Goldbogen et al., 2013a,b). Variations in dive behavior may 
reflect interruptions in biologically significant activities (e.g., 
foraging) or they may be of little biological significance. The impact 
of an alteration to dive behavior resulting from an acoustic exposure 
depends on what the animal is doing at the time of the exposure and the 
type and magnitude of the response.
    Disruption of feeding behavior can be difficult to correlate with 
anthropogenic sound exposure, so it is usually inferred by observed 
displacement from known foraging areas, the appearance of secondary 
indicators (e.g., bubble nets or sediment plumes), or changes in dive 
behavior. As for other types of behavioral response, the frequency, 
duration, and temporal pattern of signal presentation, as well as 
differences in species sensitivity, are likely contributing factors to 
differences in response in any given circumstance (e.g., Croll et al., 
2001; Nowacek et al.; 2004; Madsen et al., 2006; Yazvenko et al., 
2007). A determination of whether foraging disruptions incur fitness 
consequences would require information on or estimates of the energetic 
requirements of the affected individuals and the relationship between 
prey availability, foraging effort and success, and the life history 
stage of the animal.
    Variations in respiration naturally occur with different behaviors 
and alterations to breathing rate as a function of acoustic exposure 
can be expected to co-occur with other behavioral reactions, such as a 
flight response or an alteration in diving. However, respiration rates 
in and of themselves may be representative of annoyance or an acute 
stress response. Various studies have shown that respiration rates may 
either be unaffected or could increase, depending on the species and 
signal characteristics, again highlighting the importance in 
understanding species differences in the tolerance of underwater noise 
when determining the potential for impacts resulting from anthropogenic 
sound exposure (e.g., Kastelein et al., 2001, 2005, 2006; Gailey et 
al., 2007).
    Marine mammals vocalize for different purposes and across multiple 
modes, such as whistling, echolocation click production, calling, and 
singing. Changes in vocalization behavior in response to anthropogenic 
noise can occur for any of these modes and may result from a need to 
compete with an increase in background noise or may reflect increased 
vigilance or a startle response. For example, in the presence of 
potentially masking signals, humpback whales and killer whales have 
been observed to increase the length of their songs (Miller et al., 
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales 
(Eubalaena glacialis) have been observed to shift the frequency content 
of their calls upward while reducing the rate of calling in areas of 
increased anthropogenic noise (Parks et al., 2007). In some cases, 
animals may cease sound production during production of aversive 
signals (Bowles et al., 1994).
    Avoidance is the displacement of an individual from an area or 
migration path because of the presence of a sound or other stressors, 
and is one of the most obvious manifestations of disturbance in marine 
mammals (Richardson et al., 1995). For example, gray whales are known 
to change direction--deflecting from customary migratory paths--in 
order to avoid noise from seismic surveys (Malme et al., 1984). 
Avoidance may be short-term, with animals returning to the area once 
the noise has ceased (e.g., Bowles et al., 1994; Goold, 1996; Stone et 
al., 2000; Morton and Symonds, 2002; Gailey et al., 2007). Longer-term 
displacement is possible, however, which may lead to changes in 
abundance or distribution patterns of the affected species in the 
affected region if habituation to the presence of the sound does not 
occur (e.g., Blackwell et al., 2004; Bejder et al., 2006; Teilmann et 
al., 2006).
    A flight response is a dramatic change in normal movement to a 
directed and rapid movement away from the perceived location of a sound 
source. The flight response differs from other avoidance responses in 
the intensity of the response (e.g., directed movement, rate of 
travel). Relatively little information on flight responses of marine 
mammals to anthropogenic signals exist, although observations of flight 
responses to the presence of predators have occurred (Connor and 
Heithaus 1996). The result of a flight response could range from brief, 
temporary exertion and displacement from the area where the signal 
provokes flight to, in extreme cases, marine mammal strandings (Evans 
and England 2001). However, it should be noted that response to a 
perceived predator does not necessarily invoke flight (Ford and Reeves 
2008), and whether individuals are solitary or in groups may influence 
the response.
    Behavioral disturbance can also impact marine mammals in more 
subtle ways. Increased vigilance may result in costs related to 
diversion of focus and attention (i.e., when a response consists of 
increased vigilance, it may come at the cost of decreased attention to 
other critical behaviors such as foraging or resting). These effects 
have generally not been demonstrated for marine mammals, but studies 
involving fish and terrestrial animals have shown that increased 
vigilance may substantially reduce feeding rates (e.g., Beauchamp and 
Livoreil 1997; Fritz et al., 2002; Purser and Radford 2011). In 
addition, chronic disturbance can cause population declines through 
reduction of fitness (e.g., decline in body condition) and subsequent 
reduction in reproductive success, survival, or both (e.g., Harrington 
and Veitch, 1992; Daan et al., 1996; Bradshaw et al., 1998). However, 
Ridgway et al. (2006) reported that increased vigilance in bottlenose 
dolphins exposed to sound over a five-day period did not cause any 
sleep deprivation or stress effects.
    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption 
of such functions resulting from reactions to stressors such as sound 
exposure are more likely to be significant if they last more than one 
diel cycle or recur on subsequent days (Southall et al., 2007). 
Consequently, a behavioral response lasting less than one day and not 
recurring on subsequent days is not considered particularly severe 
unless it could directly affect reproduction or survival (Southall et 
al., 2007). Note that there is a difference between multi-day 
substantive behavioral reactions and multi-day anthropogenic 
activities. For example, just because an activity lasts for multiple 
days does not necessarily mean that individual animals are either 
exposed to activity-related stressors for multiple days or, further, 
exposed in a manner resulting in sustained multi-day substantive 
behavioral responses.
Behavioral Effects of the Port's Activities (Pile Driving and Drilling)
    In the absence of mitigation, impacts to marine species could be 
expected to include physiological and behavioral responses to the 
acoustic signature (Viada et al., 2008). Potential effects from 
impulsive sound sources like pile driving can range in severity from 
effects such as behavioral disturbance to temporary or permanent 
hearing impairment (Yelverton et al., 1973). Due to the nature of the 
pile driving sounds

[[Page 42475]]

in the project, behavioral disturbance is the most likely effect from 
the proposed activity. Marine mammals exposed to high intensity sound 
repeatedly or for prolonged periods can experience hearing threshold 
shifts. PTS constitutes injury, but TTS does not (Southall et al., 
2007). Based on the nature of the Port's activity and the anticipated 
effectiveness of the mitigation measures (i.e., use of a bubble 
curtain, wood cushion, and shutdown--discussed in detail below in the 
Proposed Mitigation section), PTS is not anticipated. Therefore, the 
Port is not requesting and NMFS is not proposing to authorize take by 
Level A harassment related to this project.
    The effects of sounds from pile driving, by impact or vibratory 
means, pile removal, and down the hole drilling might include one or 
more of the following: Temporary or permanent hearing impairment, non-
auditory physical or physiological effects, behavioral disturbance, and 
masking (Richardson et al., 1995; Gordon et al., 2003; Nowacek et al., 
2007; Southall et al., 2007). The effects of pile driving and drilling 
on marine mammals are dependent on several factors, including the type 
and depth of the animal; the pile size and type, and the intensity and 
duration of the pile driving sound; the substrate; the standoff 
distance between the pile and the animal; and the sound propagation 
properties of the environment. Impacts to marine mammals from pile 
driving and pile removal activities are expected to result primarily 
from acoustic pathways. As such, the degree of effect is intrinsically 
related to the frequency, received level, and duration of the sound 
exposure, which are in turn influenced by the distance between the 
animal and the source. The further away from the source, the less 
intense the exposure should be. The substrate and depth of the habitat 
affect the sound propagation properties of the environment. In 
addition, substrates that are soft (e.g., sand) would absorb or 
attenuate the sound more readily than hard substrates (e.g., rock), 
which may reflect the acoustic wave.
    Responses to continuous sound, such as vibratory pile installation 
or down the hole drilling, have not been documented as well as 
responses to impulsive sounds. With both types of pile driving, it is 
likely that the onset of pile driving could result in temporary, short-
term changes in an animal's typical behavior and/or avoidance of the 
affected area. These behavioral changes may include, based on more 
general observations of behavioral responses to sound exposure 
(Richardson et al., 1995): Changing durations of surfacing and dives, 
number of blows per surfacing, or moving direction and/or speed; 
reduced/increased vocal activities; changing/cessation of certain 
behavioral activities (such as socializing or feeding); visible startle 
response or aggressive behavior (such as tail/fluke slapping or jaw 
clapping); avoidance of areas where sound sources are located; and/or 
flight responses (e.g., pinnipeds flushing into water from haulouts or 
rookeries). Pinnipeds may increase their haul-out time, possibly to 
avoid in-water disturbance (Thorson and Reyff 2006). If a marine mammal 
responds to a stimulus by changing its behavior (e.g., through 
relatively minor changes in locomotion direction/speed or vocalization 
behavior), the response may or may not constitute taking at the 
individual level, and is unlikely to affect the stock or the species as 
a whole. However, if a sound source displaces marine mammals from an 
important feeding or breeding area for a prolonged period, impacts on 
animals, and if so potentially on the stock or species, could 
potentially be significant (e.g., Lusseau and Bejder 2007; Weilgart 
2007).
    Natural and artificial sounds can disrupt behavior by masking. The 
frequency range of the potentially masking sound is important in 
determining any potential behavioral impacts. Because sound generated 
from in-water pile driving and removal is mostly concentrated at low-
frequency ranges, it may have less effect on high frequency 
echolocation sounds made by porpoises. The most intense underwater 
sounds in the Port's proposed action are those produced by impact pile 
driving. Given that the energy distribution of pile driving covers a 
broad frequency spectrum, sound from these sources would likely be 
within the audible range of marine mammals present in the project area. 
Impact pile driving activity is relatively short-term, with rapid 
impulsive sounds occurring for approximately 20 minutes per pile in 
this project. The probability for impact pile driving resulting from 
this proposed action masking acoustic signals important to the behavior 
and survival of marine mammal species is low and if it occurred, it 
would be for a short duration. Vibratory pile driving is also 
relatively short-term, with rapid oscillations occurring for 
approximately 20 minutes per pile in this project. It is possible that 
vibratory pile driving resulting from this proposed action may mask 
acoustic signals important to the behavior and survival of marine 
mammal species, but the short-term duration and limited affected area 
would result in insignificant impacts from masking.
    Pinnipeds that occur near the project site could be exposed to 
airborne sounds associated with pile driving and removal that have the 
potential to cause behavioral harassment, depending on their distance 
from pile driving activities. Cetaceans are not expected to be exposed 
to airborne sounds that would result in harassment as defined under the 
MMPA.
    Airborne noise will primarily be an issue for pinnipeds that are 
swimming or hauled out near the project site within the range of noise 
levels elevated above the acoustic criteria. We recognize that 
pinnipeds in the water could be exposed to airborne sound that may 
result in behavioral harassment when looking with their heads above 
water. Most likely, airborne sound would cause behavioral responses 
similar to those discussed above in relation to underwater sound. For 
instance, anthropogenic sound could cause hauled-out pinnipeds to 
exhibit changes in their normal behavior, such as reduction in 
vocalizations, or cause them to temporarily abandon the area and move 
further from the source. However, these animals would likely previously 
have been `taken' because of exposure to underwater sound above the 
behavioral harassment thresholds, which are in all cases larger than 
those associated with airborne sound. Thus, the behavioral harassment 
of these animals by airborne sound is already accounted for in the 
estimates of potential take from underwater exposure to pile driving 
sounds. Therefore, we do not believe that authorization of additional 
incidental take resulting from airborne sound for pinnipeds is 
warranted, and airborne sound is not discussed further here.
Stress Responses
    An animal's perception of a threat may be sufficient to trigger 
stress responses consisting of some combination of behavioral 
responses, autonomic nervous system responses, neuroendocrine 
responses, or immune responses (e.g., Seyle 1950; Moberg 2000). In many 
cases, an animal's first and sometimes most economical (in terms of 
energetic costs) response is behavioral avoidance of the potential 
stressor. Autonomic nervous system responses to stress typically 
involve changes in heart rate, blood pressure, and gastrointestinal 
activity. These responses have a relatively short duration and may or 
may not have a significant long-term effect on an animal's fitness.

[[Page 42476]]

    Neuroendocrine stress responses often involve the hypothalamus-
pituitary-adrenal system. Virtually all neuroendocrine functions that 
are affected by stress--including immune competence, reproduction, 
metabolism, and behavior--are regulated by pituitary hormones. Stress-
induced changes in the secretion of pituitary hormones have been 
implicated in failed reproduction, altered metabolism, reduced immune 
competence, and behavioral disturbance (e.g., Moberg 1987; Blecha 
2000). Increases in the circulation of glucocorticoids are also equated 
with stress (Romano et al., 2004).
    The primary distinction between stress (which is adaptive and does 
not normally place an animal at risk) and ``distress'' is the cost of 
the response. During a stress response, an animal uses glycogen stores 
that can be quickly replenished once the stress is alleviated. In such 
circumstances, the cost of the stress response would not pose serious 
fitness consequences. However, when an animal does not have sufficient 
energy reserves to satisfy the energetic costs of a stress response, 
energy resources must be diverted from other functions. This state of 
distress will last until the animal replenishes its energetic reserves 
sufficient to restore normal function.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses are well studied through 
controlled experiments and for both laboratory and free-ranging animals 
(e.g., Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003; 
Krausman et al., 2004; Lankford et al., 2005). Stress responses due to 
exposure to anthropogenic sounds or other stressors and their effects 
on marine mammals have also been reviewed (Fair and Becker 2000; Romano 
et al., 2002b) and, more rarely, studied in wild populations (e.g., 
Romano et al., 2002a). For example, Rolland et al. (2012) found that 
noise reduction from reduced ship traffic in the Bay of Fundy was 
associated with decreased stress in North Atlantic right whales. These 
and other studies lead to a reasonable expectation that some marine 
mammals will experience physiological stress responses upon exposure to 
acoustic stressors and that it is possible that some of these would be 
classified as ``distress.'' In addition, any animal experiencing TTS 
would likely also experience stress responses (NRC, 2003).

Anticipated Effects on Habitat

    The proposed activities at the project area would not result in 
permanent negative impacts to habitats used directly by marine mammals, 
but may have potential short-term impacts to food sources such as 
forage fish and may affect acoustic habitat (see masking discussion 
above). There are no known foraging hotspots or other ocean bottom 
structure of significant biological importance to marine mammals 
present in the marine waters of the project area during the 
construction window. The project area is located in an industrial and 
commercial shipping port. Therefore, the main impact issue associated 
with the proposed activity would be temporarily elevated sound levels 
and the associated direct effects on marine mammals, as discussed 
previously in this document. The primary potential acoustic impacts to 
marine mammal habitat are associated with elevated sound levels 
produced by vibratory and impact pile driving, drilling, and sediment 
removal in the area. However, other potential impacts to the 
surrounding habitat from physical disturbance are also possible, 
although this will be minimal since construction is occurring in an 
already industrial and commercial shipping area.

In-Water Construction Effects on Potential Prey (Fish)

    Construction activities would produce continuous (i.e., vibratory 
pile driving, drilling) and impulsive (i.e., impact driving) sounds. 
Fish react to sounds that are especially strong and/or intermittent 
low-frequency sounds. Short duration, sharp sounds can cause overt or 
subtle changes in fish behavior and local distribution. Hastings and 
Popper (2005) identified several studies that suggest fish may relocate 
to avoid certain areas of sound energy. Additional studies have 
documented effects of pile driving on fish, although several are based 
on studies in support of large, multiyear bridge construction projects 
(e.g., Scholik and Yan 2001, 2002; Popper and Hastings 2009). Sound 
impulsive sounds at received levels of 160 dB may cause subtle changes 
in fish behavior. SPLs of 180 dB may cause noticeable changes in 
behavior (Pearson et al., 1992; Skalski et al., 1992). SPLs of 
sufficient strength have been known to cause injury to fish and fish 
mortality.
    The most likely impact to fish from pile driving and pile removal 
activities at the Port's project area would be temporary behavioral 
avoidance of the area. The duration of fish avoidance of this area 
after pile driving stops is unknown, but a rapid return to normal 
recruitment, distribution and behavior is anticipated. In general, 
impacts to marine mammal prey species are expected to be minor and 
temporary due to the short timeframe (15 days) for the project.

Pile Driving Effects on Potential Foraging Habitat

    The area likely impacted by the project is relatively small 
compared to the available habitat in the Mission Bay/Central Waterfront 
area of San Francisco Bay. Avoidance by potential prey (i.e., fish) of 
the immediate area due to the temporary loss of this foraging habitat 
is also possible. The duration of fish avoidance of this area after 
pile driving stops is unknown, but a rapid return to normal 
recruitment, distribution and behavior is anticipated. Any behavioral 
avoidance by fish of the disturbed area would still leave significantly 
large areas of fish and marine mammal foraging habitat in the nearby 
vicinity of the MBFL and WTL on San Francisco Bay.
    The duration of the construction activities, including pile driving 
and dredging is relatively short, estimated at 55 days. The 
construction window for pile driving and drilling is a maximum of 15 
days and each day, activities would only occur for a few hours during 
the day. Impacts to habitat and prey are expected to be minimal based 
on the short duration of activities.
    In summary, given the short daily duration of sound associated with 
individual pile driving and removal events and the relatively small 
areas being affected, pile driving and pile removal activities 
associated with the proposed action are not likely to have a permanent, 
adverse effect on any fish habitat, or populations of fish species. 
Thus, any impacts to marine mammal habitat are not expected to cause 
significant or long-term consequences for individual marine mammals or 
their populations.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of ``small numbers'' and the negligible impact 
determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as: any act of 
pursuit, torment, or annoyance which (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,

[[Page 42477]]

migration, breathing, nursing, breeding, feeding, or sheltering (Level 
B harassment).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to acoustic sources. Based on the nature of the 
activity and the anticipated effectiveness of the mitigation measures 
(i.e., use of a bubble curtain, wood cushion, and shutdown--discussed 
in detail below in the Proposed Mitigation section), Level A harassment 
is neither anticipated nor proposed to be authorized.
    As described previously, no mortality is anticipated or proposed to 
be authorized for this activity. Below we describe how the take is 
estimated.
    Generally speaking, we estimate take by considering: (1) Acoustic 
thresholds above which NMFS believes the best available science 
indicates marine mammals will be behaviorally harassed or incur some 
degree of permanent hearing impairment; (2) the area or volume of water 
that will be ensonified above these levels in a day; (3) the density or 
occurrence of marine mammals within these ensonified areas; and, (4) 
and the number of days of activities. We note that while these basic 
factors can contribute to a basic calculation to provide an initial 
prediction of takes, additional information that can qualitatively 
inform take estimates is also sometimes available (e.g., previous 
monitoring results or average group size). Below, we describe these 
components in more detail and present the proposed take estimate.

Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic 
thresholds that identify the received level of underwater sound above 
which exposed marine mammals would be reasonably expected to be 
behaviorally harassed (equated to Level B harassment) or to incur PTS 
of some degree (equated to Level A harassment).
    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 dB re 1 [mu]Pa (rms) for continuous (e.g. 
vibratory pile-driving, drilling) and above 160 dB re 1 [mu]Pa (rms) 
for non-explosive impulsive (e.g., impact pile driving) sources.
    The Port of San Francisco's proposed activity includes the use of 
continuous (vibratory pile driving, down the hole 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 (Version 2.0) (NMFS, 2018) identifies dual criteria to 
assess auditory injury (Level A harassment) to five different marine 
mammal groups (based on hearing sensitivity) as a result of exposure to 
noise from two different types of sources (impulsive or non-impulsive). 
The Port of San Francisco's proposed activity includes the use of 
impulsive (impact pile driving) and non-impulsive (vibratory pile 
driving) sources.
    These thresholds are provided in Table 3 below. The references, 
analysis, and methodology used in the development of the thresholds are 
described in NMFS's 2018 Technical Guidance, which may be accessed at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
BILLING CODE 3510-22-P

[[Page 42478]]

[GRAPHIC] [TIFF OMITTED] TN22AU18.000

BILLING CODE 3510-22-C

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds, which include source levels and transmission loss 
coefficients.
    Reference sound source levels used by the Port of San Francisco for 
all vibratory and impact piling/removal and drilling activities were 
derived from source level data from construction projects within 
Caltrans (2015) except for two cases noted below where Navy and Alaska 
Department of Transportation sources were used. To determine the 
ensonified areas for both the Level A and Level B harassment zones for 
vibratory piling of the 36-inch, 30-inch, and 16-inch steel piles and 
14-inch steel H piles, the Port of San Francisco used SPLs of 170 dB re 
1 [mu]Pa rms, 170 dB re 1 [mu]Pa rms, 158 dB re 1 [mu]Pa rms, and 158 
dB re 1 [mu]Pa rms, respectively. These were derived from vibratory 
pile driving data of 36-inch (for 36-inch and 30-inch steel piles), 18-
inch (for 16-inch steel piles) and 14-inch (for 14-inch steel H-pile) 
steel piles reported in the values listed in Table 1.2-2 and Table 
1.2.3 of Caltrans (2015), and Table 6-1 of Navy (2017). For vibratory 
pile removal, the Port of San Francisco used an SPL of 155 dB re 1 
[mu]Pa rms. This proxy source level was derived from vibratory pile 
driving data of 12-inch steel pipe piles in Caltrans (2015; Table 1.2-
2). In addition, for down the hole drilling activities used to place 
24-inch octagonal concrete piles, an SPL of 168 dB was used, 
corresponding to the mean SPL reported in Table 72 of the Alaska 
Department of Transportation (2016) hydroacoustic report.
    For impact pile driving, the Port of San Francisco used both SPLs 
and Sound Exposure Levels (SEL) derived from summary source level 
values reported in Caltrans (2015). These source levels were then 
reduced by 7 dB due to the Port of San Francisco's use of a bubble 
curtain. NMFS used a reduction value of 7 dB as it was roughly the 
average sound reduction value derived from sound measurements of piles 
that used bubble curtains within Caltrans (2015). For piling of 36-inch 
steel piles, a source

[[Page 42479]]

level of 183 dB SEL was chosen as a proxy value for modeling Level A 
harassment zones (Caltrans 2015, Table 1.2-1). This source level was 
reduced to 176 dB SEL with the 7 dB reduction. For piling of 20-inch 
concrete piles, a source level of 167 dB SEL was chosen as a proxy 
value for modeling Level A harassment zones (Caltrans 2015, Table 1.5-
4, reported from 24-inch concrete pile measurements at a project in the 
Port of Oakland). This source level was selected as a proxy because of 
the proximity of the Port of Oakland project to the proposed work and 
is more conservative than Caltrans (2015) summary value reported in 
Table 1.2-1. This source level was reduced to 160 dB SEL with the 7 dB 
reduction. In addition, for impact piling of 16-inch steel piles, a 
source level of 158 dB SEL was chosen as a proxy value for modeling 
Level A harassment zones (Joaquin River Project; Caltrans 2015, Table 
1.2-3). This source level was reduced to 151 dB SEL with the 7 dB 
reduction. The stated source levels and their corresponding activity 
are presented in Table 4 below.

                     Table 4--Project Source Levels
------------------------------------------------------------------------
                Activity                  Source level at 10 meters (dB)
------------------------------------------------------------------------
                     Vibratory Pile Driving/Removal
------------------------------------------------------------------------
36-inch steel pile installation.........  170 SPL
30-inch steel pile installation           170 SPL
 (Caisson).
14-inch steel H pile installation.......  158 SPL
Removal of pre-existing piles...........  155 SPL
16-inch steel pile installation.........  158 SPL
------------------------------------------------------------------------
                          Impact Pile Driving *
------------------------------------------------------------------------
36-inch steel pile installation.........  176 SEL/186 SPL
20-inch concrete pile installation......  160 SEL/172 SPL
16-inch steel pile installation.........  151 SEL/177 SPL
------------------------------------------------------------------------
                         Down the Hole Drilling
------------------------------------------------------------------------
24[hyphen]inch Octagonal Concrete         168 SPL
 (drilling of 30-inch hole).
------------------------------------------------------------------------
* The values in the cells reflect a 7dB reduction due to the Port of San
  Francisco's use of a bubble curtain.

Level B Harassment Zones

    The practical spreading model was used by the Port of San Francisco 
to generate the Level B harassment zones for all piling/removal 
activities. Practical spreading is described in full detail below.
    Pile driving and drilling generates underwater noise that can 
potentially result in disturbance to marine mammals in the project 
area. 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 * log10 (R1/R2),

Where:

R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement.

This formula neglects loss due to scattering and absorption, which is 
assumed to be zero here. The degree to which underwater sound 
propagates away from a sound source is dependent on a variety of 
factors, most notably the water bathymetry and presence or absence of 
reflective or absorptive conditions including in-water structures and 
sediments. Spherical spreading occurs in a perfectly unobstructed 
(free-field) environment not limited by depth or water surface, 
resulting in a 6 dB reduction in sound level for each doubling of 
distance from the source (20 * log[range]). Cylindrical spreading 
occurs in an environment in which sound propagation is bounded by the 
water surface and sea bottom, resulting in a reduction of 3 dB in sound 
level for each doubling of distance from the source (10 * log[range]). 
A practical spreading value of 15 is often used under conditions where 
water increases with depth as the receiver moves away from the 
shoreline, resulting in an expected propagation environment that would 
lie between spherical and cylindrical spreading loss conditions.
    Utilizing the practical spreading loss model, the Port of San 
Francisco determined underwater noise will fall below the behavioral 
effects threshold of 120 dB rms for marine mammals at a maximum radial 
distance of 21,544 meters for vibratory piling and drilling (36 and 30-
inch steel piles; drilling for 24-inch octagonal concrete pile). The 
maximum Level B harassment zone for this activity will therefore be set 
at 21,544 meters. However, previous sound monitoring for other projects 
in San Francisco Bay (i.e. Caltrans 2015; 2016) have shown background 
sound levels in the active portions of the Bay, near the project area, 
to range from 110 to 140 dB rms, with typical background levels in the 
range of 110 to 120 dB rms. This ambient noise may affect the ability 
to distinguish sound from vibratory pile driving in the region (Rodkin, 
2009), but direct applicability of that finding to the Port's work is 
unknown, and therefore no reduction in Level B harassment zone is 
applied. The maximum radial distance of the Level B harassment zone for 
impact pile driving equaled 541.2 meters (impact driving 36-inch steel 
piles). At this radial distance, the entire Level B harassment zone for 
impact piling equaled 0.3699 km\2\. This ensonified area is based on a 
GIS map of the area accounting for structures and landmasses which 
would block sound spreading (Please see Figure 9 of the Application). 
Table 5 below provides all Level B radial distances and their 
corresponding areas for each activity during the Port of San 
Francisco's project. Level B harassment zone areas are calculated using 
a GIS map (See Figure 9 of the Application).

    Table 5--Level B Harassment Zones Calculated Using the Practical
                             Spreading Model
------------------------------------------------------------------------
                                            Calculated        Level B
                                            distance to     harassment
                 Source                       Level B      zone (square
                                             threshold      kilometers
                                             (meters)         km\2\)
------------------------------------------------------------------------
                         Vibratory Pile Driving
------------------------------------------------------------------------
36-inch steel pile installation.........          21,544         47.1608
30-inch steel pile installation.........          21,544         47.1608
16-inch steel pile installation.........          21,544         47.1608
14-inch steel H pile installation.......           3,415          7.6431
Removal of pre-existing concrete and               2,154          3.1511
 wood piles.............................
------------------------------------------------------------------------

[[Page 42480]]

 
                           Impact Pile Driving
------------------------------------------------------------------------
36-inch steel pile installation.........           541.2         0.36993
20-inch concrete pile installation......            63.1        0.006650
16-inch steel pile installation.........             215        0.074044
------------------------------------------------------------------------
                         Down the Hole Drilling
------------------------------------------------------------------------
                                                  21,544         47.1608
------------------------------------------------------------------------

Level A Harassment Zones

    When the NMFS Technical Guidance (2016) was published, in 
recognition of the fact that the ensonified area could be more 
technically challenging to predict because of the duration component in 
the new thresholds, we developed a User Spreadsheet that includes tools 
to help predict a simple isopleth that can be used in conjunction with 
marine mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which will result in some 
overestimate of Level A harassment. However, these tools offer the best 
way to predict appropriate isopleths when more sophisticated 3D 
modeling methods are not available, and NMFS continues to develop ways 
to quantitatively refine these tools, and will qualitatively address 
the output where appropriate. For stationary sources (i.e. pile 
driving), NMFS's User Spreadsheet predicts the closest distance at 
which, if a marine mammal remained at that distance the whole duration 
of the activity, it would not incur PTS. Inputs used in the User 
Spreadsheet, and the resulting isopleths are reported below. Daily 
ensonified areas for Level A harassment are approximated as a semi-
circle because the pile driving and drilling are occurring close to 
shore and the coastline is approximately linear.

                                                                    Table 6--Parameters of Pile Driving and Drilling Activity
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Vibratory pile    Vibratory pile   Vibratory pile   Vibratory pile
                                  Vibratory pile        driver            driver           driver           driver         Impact pile        Impact pile        Impact pile      Drilling (24-
         Equipment type           driver (removal  (installation of   (installation    (installation    (installation    driver (36-inch    driver (20-inch    driver (16-inch    inch octagonal
                                  of concrete and    36-inch steel      of 30-inch       of 16-inch       of 14-inch       steel piles)     concrete piles)      steel piles)     concrete pile)
                                    wood piles)         piles)         steel piles)     steel piles)    steel H piles)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used...........  Non-impulsive,    Non-impulsive,    Non-impulsive,   Non-impulsive,   Non-impulsive,   Impulsive, Non-    Impulsive, Non-    Impulsive, Non-    Non-impulsive,
                                  continuous.       continuous.       continuous.      continuous.      continuous.      continuous.        continuous.        continuous.        continuous.
Source Level...................  155 SPL.........  170 SPL.........  170 SPL........  158 SPL........  158 SPL........  176 SEL..........  160 SEL..........  151 SEL..........  168 SPL.
Weighting Factor Adjustment      2.5.............  2.5.............  2.5............  2.5............  2.5............  2................  2................  2................  2.
 (kHz).
(a) Activity duration (hours)    (a) 0.4.........  (a) 0.33........  (a) 0.25.......  (a) .33........  (a) 0.33.......  (b) 150, (c) 4...  (b) 500, (c) 4...  (b) 500, (c) 2...  (a) 6.
 within 24 hours, (b) Number of
 strikes per pile, (c) Number
 of piles per day.
Propagation (xLogR)............  15..............  15..............  15.............  15.............  15.............  15...............  15...............  15...............  15.
Distance of source level         10..............  10..............  10.............  10.............  10.............  10...............  10...............  10...............  10.
 measurement (meters)+.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


           Table 7--Level A Harassment Zone Isopleth and Ensonified Area for Pile Driving and Drilling
----------------------------------------------------------------------------------------------------------------
                                                                         PTS isopleth (meters)
                                                     -----------------------------------------------------------
                     Source type                         Low-        Mid-        High-
                                                       frequency   frequency   frequency    Phocid      Otariid
                                                       cetaceans   cetaceans   cetaceans   pinnipeds   pinnipeds
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driver (Removal of concrete and wood          1.5         0.1         2.2         0.9         0.1
 piles).............................................
Vibratory Pile Driver (Installation of 36-inch steel        13.1         1.2        19.3         7.9         0.6
 piles).............................................
Vibratory Pile Driver (Installation of 30-inch steel        10.8         1.0        16.0         6.6         0.5
 piles).............................................
Vibratory Pile Driver (Installation of 14-inch steel         2.1         0.2         3.0         1.3         0.1
 H piles)...........................................
Vibratory Pile Driver (Installation of 16-inch steel         2.1         0.2         3.0         1.3         0.1
 H piles)...........................................
Impact Pile Driver (36-inch steel piles)............       242.6         8.6       288.9       129.8         9.5
Impact Pile Driver (20-inch concrete piles).........        46.4         1.7        55.3        24.8         1.8
Impact Pile Driver (16-inch steel piles)............         7.3         0.3         8.8         3.9         0.3
Drilling (24-inch octagonal concrete pile)..........         6.3         0.4         5.5         3.4         0.2
----------------------------------------------------------------------------------------------------------------
                                            Daily ensonified area (m)
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driver (Removal of concrete and wood          3.5        0.02         7.6         1.3        0.02
 piles).............................................
Vibratory Pile Driver (Installation of 36-inch steel         270         2.3         585          98         0.6
 piles).............................................
Vibratory Pile Driver (Installation of 30-inch steel         183         1.6         402          68         0.4
 piles).............................................

[[Page 42481]]

 
Vibratory Pile Driver (Installation of 14-inch steel         6.9        0.06          14         2.7        0.02
 H piles)...........................................
Vibratory Pile Driver (Installation of 16-inch steel         6.9        0.06          14         2.7        0.02
 H piles)...........................................
Impact Pile Driver (36-inch steel piles)............       92450         120      131100       26460         140
Impact Pile Driver (20-inch concrete piles).........        3380         4.5        4800         966         5.1
Impact Pile Driver (16-inch steel piles)............          84         0.1         120          24         0.1
Drilling (24-inch octagonal concrete pile)..........          62         0.3          48          18        0.06
----------------------------------------------------------------------------------------------------------------

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.
    No systematic line transect surveys of marine mammals have been 
performed in San Francisco Bay. Therefore, the in-water densities of 
harbor seals, California sea lions, and harbor porpoises were 
calculated based on 17 years of observations during monitoring for the 
San Francisco Bay-Oakland Bay Bridge (SFOBB) construction and 
demolition project (Caltrans 2018). Care was taken to eliminate 
multiple observations of the same animal, although this can be 
difficult and is likely that the same individual may have been counted 
multiple times on the same day. The amount of monitoring performed per 
year varied, depending on the frequency and duration of construction 
activities with the potential to affect marine mammals. During the 257 
days of monitoring from 2000 through 2017 (including 15 days of 
baseline monitoring in 2003), 1,029 harbor seals, 83 California sea 
lions, and 24 harbor porpoises were observed in waters in the project 
vicinity in total. In 2015, 2016, and 2017, the number of harbor seals 
in the project area increased significantly. In 2017, the number of 
harbor porpoise in the project area also increased significantly. 
Therefore, a harbor seal density estimate was calculated using the 
2015-2017 data, and a harbor porpoise density estimate was calculated 
using the 2017 data, which may better reflect the current use of the 
project area by these animals. These observations included data from 
baseline, pre-, during, and post-pile driving, mechanical dismantling, 
on-shore blasting, and off-shore implosion activities.
    Insufficient sighting data exist to estimate the density of 
bottlenose dolphins. However, a single bottlenose dolphin has been 
observed regularly near the project site. One individual was documented 
regularly, through photo ID, over several months off the coast of the 
former Alameda Air Station (Perlman 2017).
    Insufficient sighting data exist to estimate elephant seal 
densities in the Bay. Generally, only juvenile elephant seals enter the 
Bay and do not remain long. The most recent sighting near the project 
area was in 2012, on the beach at Clipper Cove on Treasure Island, when 
a healthy yearling elephant seal hauled out for approximately 1 day. 
Approximately 100 juvenile northern elephant seals strand in or near 
the Bay each year, including individual strandings at YBI and Treasure 
Island (less than 10 strandings per year).
    In addition, insufficient sighting data exist to estimate northern 
fur seal and gray whale densities in the Bay. Only two to four northern 
fur seals strand in the Bay each year, and they are unlikely to occur 
in the project area. Also, during the Caltrans Richmond-San Rafael 
Bridge project, monitors recorded 12 living and two dead gray whales in 
the surveys performed in 2012. All sightings were in either the Central 
or North Bay, and all but two sightings occurred during the months of 
April and May. One gray whale was sighted in June and one in October. 
The Oceanic Society has tracked gray whale sightings since they began 
returning to San Francisco Bay regularly in the late 1990s. Most 
sightings occurred just a mile or two inside of the Golden Gate, with 
some traveling into San Pablo Bay in the northern part of the San 
Francisco Bay (Self 2012). The Oceanic Society data show that all age 
classes of gray whales enter San Francisco Bay and they enter as 
singles or in groups of up to five individuals (Winning 2008). It is 
estimated that two to six gray whales enter San Francisco Bay in any 
given year.
    Numbers used for density calculations are shown in Table 8. These 
numbers were calculated from observations in nearby waters of the San 
Francisco Bay during San Francisco-Oakland Bay Bridge construction 
conducted by Caltrans (Caltrans 2018). These observations occurred from 
2000 to 2017 in a 2 km\2\ monitoring zone for California sea lions, 
from 2015-2017 in a 2 km\2\ monitoring zone for harbor seals, and in 
2017 in a 15 km\2\ zone for harbor porpoise. In the cases where 
densities were refined to capture a narrower range of years to be 
conservative, bold densities were used for take calculations.

             Table 8--Estimated In-Water Density of Marine Mammal Species in San Francisco Bay Area
                                                 [Caltrans 2017]
----------------------------------------------------------------------------------------------------------------
                                            Area of                        Number of
           Species observed               monitoring        Days of         animals       Density animals/km\2\
                                         zone (km\2\)     monitoring       observed
----------------------------------------------------------------------------------------------------------------
Harbor Seals 2000-2017................               2             257            1029  2.002.
Harbor Seals 2015-2017................               2              47             372  3.957.
California Sea Lions 2000-2017........               2             257              83  0.161.
Bottlenose Dolphins 2017..............               2               6               2  Insufficient sighting
                                                                                         data exists to estimate
                                                                                         density.
Harbor Porpoise 2000-2017.............               3             257              24  0.031.

[[Page 42482]]

 
Harbor Porpoise 2017..................              15               6              15  0.167.
Elephant Seal 2000-2017...............               2             257               0  Insufficient sighting
                                                                                         data exists to estimate
                                                                                         density.
Northern Fur Seal 2000-2017...........               2             257               0  Insufficient sighting
                                                                                         data exists to estimate
                                                                                         density.
Gray Whale 2000-2017..................               2             257               0  Insufficient sighting
                                                                                         data exists to estimate
                                                                                         density.
----------------------------------------------------------------------------------------------------------------
Notes:
Densities for Pacific harbor seals, California sea lions, and harbor porpoises are based on monitoring for the
  east span of the SFOBB from 2000 to 2017.
A second set of Pacific harbor seal densities were calculated from the increase in sightings recorded from 2015
  to 2017.
A second set of harbor porpoise densities were calculated for the increase in sightings that were recorded in
  2017.
Bold densities were used for take calculations.
Sources: CalTrans 2001, 2004b, 2013b, 2013c, 2014, 2015b, 2016, 2017; Perlman 2017.

    For species without enough sightings to construct a density 
estimate, we used information based on group size and frequency of 
sightings from previous years of work to inform the number of animals 
estimated to be taken, which is detailed in the Take Estimation section 
below.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    When density data was available, Level B take for the project was 
calculated by multiplying the density times the largest Level B 
harassment zone (km\2\) times the number of construction days. Since 
density data was only available for harbor seals, harbor porpoises, and 
California sea lions, these were the only species whose take was 
calculated used this methodology. Table 9 shows the number of take 
calculated for species with density and without density estimates. For 
species without density information, information on average group size 
of the species was used. This is discussed below Table 9.

                           Table 9--Take Estimates as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
                                                      Level B
                                Density animals/    harassment     Construction   Proposed Level   Percentage of
            Species                   km\2\        zone (km\2\)      days \2\         B take           stock
                                                        \1\
----------------------------------------------------------------------------------------------------------------
Harbor Seal...................  3.957...........         47.1608              15            2928             9.5
California Sea Lions..........  0.161...........         47.1608              15             120           0.040
Harbor Porpoise...............  0.167...........         47.1608              15             124             1.3
Northern Elephant Seal........  Insufficient             47.1608              15               1          0.0006
                                 sighting data
                                 exists to
                                 estimate
                                 density.
Northern Fur Seal.............  Insufficient             47.1608              15               1          0.0002
                                 sighting data
                                 exists to
                                 estimate
                                 density.
Gray Whale....................  Insufficient             47.1608              15               3           0.014
                                 sighting data
                                 exists to
                                 estimate
                                 density.
Bottlenose Dolphin............  Insufficient             47.1608              15              15             3.3
                                 sighting data
                                 exists to
                                 estimate
                                 density.
----------------------------------------------------------------------------------------------------------------
\1\ Represents area of largest Level B zone during pile driving/removal and drilling activities.
\2\ Total construction days for pile driving/removal and drilling.

Gray Whale
    Gray whales occasionally enter San Francisco Bay during their 
northward migration period of February and March. Pile driving and 
drilling are not proposed to occur during this time and gray whales are 
not likely to be present at other times of the year. It is estimated 
that two to six gray whales enter the Bay in any given year, but they 
are unlikely to be present during the work period (June 1 through 
November 30). However, individual gray whales have occasionally been 
observed in San Francisco Bay during the work period, and therefore it 
is conservatively estimated that, at most, 3 gray whales, or one 
average sized group, may be exposed to Level B harassment during the 15 
days of pile driving/drilling.
Bottlenose Dolphin
    When bottlenose dolphins are present in San Francisco Bay, they are 
more typically found close to the Golden Gate. Recently, beginning in 
2015, two individuals have been observed frequently in the vicinity of 
Oyster Point (GGCR 2016, 2017; Perlman 2017) and one individual has 
been observed near Alameda (GGCR 2016). Observations of bottlenose 
dolphins are primarily west of Treasure Island and concentrated along 
the nearshore areas of San Francisco south to Redwood City (Caltrans 
2018). Bottlenose dolphins rarely occur in San Francisco Bay, but given 
the size of the Level B harassment zone NMFS is proposing to authorize 
take of 15 bottlenose dolphins by level B harassment.

[[Page 42483]]

Northern Fur Seal
    Observations of northern fur seals are too few to establish a 
density for this species in San Francisco Bay. The Marine Mammal Center 
(TMMC) reported only two to four northern fur seal strandings in the 
Bay in 2015 and 2016 (in Marin, San Francisco, and Santa Clara 
counties) (TMMC 2017). To account for the possible rare presence of the 
species in the action area, NMFS proposes to authorize one level B take 
of northern fur seal.
Northern Elephant Seal
    Elephant seals breed between December and March and have been 
rarely cited in San Francisco Bay. It is anticipated that if an 
elephant seal is encountered at all during pile driving or drilling it 
would be a juvenile. To account for the possible rare presence of the 
species in the action area, NMFS proposed to authorize one level B take 
of elephant seal.
Level A Harassment
    High frequency cetaceans (including harbor porpoise) have the 
largest Level A harassment zone resulting from this project as shown in 
Table 7. Estimated take by Level A harassment for harbor porpoise, 
based on density reported in Table 8 and the Level A harassment zone, 
is less than one individual (Density * Days * Ensonified Area). Given 
the required mitigation measures, including shutdown zones which exceed 
the Level A harassment zone, NMFS proposes no authorization of Level A 
harassment for harbor porpoise or any marine mammal.

Proposed Mitigation

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

Timing Restrictions

    All work will be conducted during daylight hours. If poor 
environmental conditions restrict full visibility of the shutdown zone, 
pile installation would be delayed.

Sound Attenuation

    Sound attenuation methods will be implemented for the duration of 
impact pile driving to install 36[hyphen]inch and 16[hyphen]inch steel 
and 20[hyphen]inch concrete piles (i.e., cushion block, bubble curtain, 
sleeve etc.) and shall implement the following bubble curtain 
performance standards:
     The bubble curtain must distribute air bubbles around 100 
percent of the piling perimeter for the full depth of the water column.
     The lowest bubble ring shall be in contact with the 
mudline for the full circumference of the ring, and the weights 
attached to the bottom ring shall ensure 100 percent mudline contact. 
No parts of the ring or other objects shall prevent full mudline 
contact.
     The selected contractor will ensure that personnel are 
trained in the proper balancing of air flow to the bubblers and shall 
require that construction contractors submit an inspection/performance 
report for approval by the Port within 72 hours following the 
performance test. Corrections to the attenuation device to meet the 
performance standards shall occur prior to impact driving.

Shutdown Zone for In-Water Heavy Machinery Work

    For in-water heavy machinery work (using, e.g., standard barges, 
tug boats, barge-mounted excavators, or clamshell equipment used to 
place or remove material), a minimum 10 meter shutdown zone shall be 
implemented. If a marine mammal comes within 10 meters of such 
operations, 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 (but is not limited to) the 
following activities: (1) Vibratory pile driving; (2) movement of the 
barge to the pile location; (3) positioning of the pile on the 
substrate via a crane (i.e., stabbing the pile); or (4) removal of the 
pile from the water column/substrate via a crane (i.e., deadpull).

Additional Shutdown Zones

    For all pile driving/removal and drilling activities, The Port of 
San Francisco will establish a shutdown zone for a marine mammal 
species that is greater than its corresponding Level A harassment zone. 
The purpose of a shutdown zone is generally to define an area within 
which shutdown of the activity would occur upon sighting of a marine 
mammal (or in anticipation of an animal entering the defined area). The 
shutdown zones for each of the pile driving and drilling activities are 
listed below in Table 10.

[[Page 42484]]



                                            Table 10--Shutdown Zones
----------------------------------------------------------------------------------------------------------------
                                                              Shutdown zones (meters)
                                 -------------------------------------------------------------------------------
                                                                       High-
                                  Low- frequency  Mid- frequency     frequency
             Source                  cetaceans       cetaceans       cetaceans
                                     (humpback       (Pacific-        (Dall's     Phocid (harbor   Otariid (sea
                                   whale, minke     white sided      porpoise,         seal)           lion)
                                      whale)         dolphin)         harbor
                                                                     porpoise)
----------------------------------------------------------------------------------------------------------------
                                       In-Water Construction Activities *
----------------------------------------------------------------------------------------------------------------
In Water Heavy Construction                   10              10              10              10              10
 (i.e., Barge movements, pile
 positioning, deadpulling, and
 sound attenuation).............
----------------------------------------------------------------------------------------------------------------
                                             Vibratory Pile Driving
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driver (Removal                10              10              10              10              10
 of concrete and wood piles)....
Vibratory Pile Driver                         10              10              10              10              10
 (Installation of 14-inch steel
 H piles).......................
Vibratory Pile Driver                         10              10              10              10              10
 (Installation of 16-inch steel
 H piles).......................
Vibratory Pile Driver                         25              10              25              10              10
 (Installation of 30-inch steel
 piles).........................
Vibratory Pile Driver                         25              10              25              10              10
 (Installation of 36-inch steel
 piles).........................
----------------------------------------------------------------------------------------------------------------
                                               Impact Pile Driving
----------------------------------------------------------------------------------------------------------------
Impact Pile Driver (16-inch                  125              10             150              75              10
 steel piles)...................
Impact Pile Driver (20-inch                   75              10              75              30              10
 concrete piles)................
Impact Pile Driver (36-inch                  250              25             300             150              25
 steel piles)...................
----------------------------------------------------------------------------------------------------------------
                                                    Drilling
----------------------------------------------------------------------------------------------------------------
24-inch concrete pile (1 pile)                10              10              10              10              10
 (3 hours per day on 1 day).....
----------------------------------------------------------------------------------------------------------------

Monitoring Zones

    The Port of San Francisco will establish and observe a monitoring 
zone. The monitoring zones for this project will differ based on 
activity. For vibratory pile driving and down the hole drilling, it may 
not be possible to observe the entire Level B harassment zones (areas 
where SPLs are equal to or exceed 120 dB rms) due to their size. The 
Port is expected to monitor and record observations in the largest 
reasonable portion of this Level B harassment zone based on the number 
of observers and visibility, but conditions may require efforts to be 
focused in a smaller monitoring zone. For impact pile driving, the 
monitoring zones are areas where SPLs are equal to or exceed 160 dB 
rms. For vibratory pile driving/drilling and impact pile driving the 
Level B Harassment zones are presented in Table 11 below. For the 
vibratory pile driving and drilling activities, it is noted that Level 
B harassment zone radius and area will not necessarily equal the 
monitoring zone. These zones provide utility for monitoring conducted 
for mitigation purposes (i.e., shutdown zone monitoring) by 
establishing monitoring protocols for areas adjacent to the shutdown 
zones. Monitoring of disturbance zones enables observers to be aware of 
and communicate the presence of marine mammals in the project area, but 
outside the shutdown zone, and thus prepare for potential shutdowns of 
activity. However, the primary purpose of disturbance zone monitoring 
is for documenting instances of Level B harassment; disturbance zone 
monitoring is discussed in detail later (see Monitoring and Reporting).

                       Table 11--Monitoring Zones
------------------------------------------------------------------------
                                              Radial
                                            distance to       Level B
                 Source                       Level B       harassment
                                             threshold     zone (km\2\)
                                             (meters)
------------------------------------------------------------------------
                         Vibratory Pile Driving
------------------------------------------------------------------------
36-inch steel pile installation.........        * 21,544       * 47.1608
30-inch steel pile installation.........        * 21,544       * 47.1608
16-inch steel pile installation.........        * 21,544       * 47.1608
14-inch steel H pile installation.......         * 3,415        * 7.6431
Removal of pre-existing concrete and            * 21,544       * 47.1608
 wood piles.............................
------------------------------------------------------------------------
                           Impact Pile Driving
------------------------------------------------------------------------
36-inch steel pile installation.........           541.2          0.3699
20-inch concrete pile installation......            63.1        0.006650

[[Page 42485]]

 
16-inch steel pile installation.........             215        0.074044
------------------------------------------------------------------------
                         Down the Hole Drilling
------------------------------------------------------------------------
                                                * 21,544       * 47.1608
------------------------------------------------------------------------
* The monitored radius and area of the Level B harassment zone may vary
  based on visibility.

Non-Authorized Take Prohibited

    If a species enters or approaches the Level B harassment zone and 
that species is either not authorized for take or its authorized takes 
are met, pile driving, pile removal, and drilling activities must shut 
down immediately using delay and shut-down procedures. Activities must 
not resume until the animal has been confirmed to have left the area or 
an observation time period of 15 minutes has elapsed.

Soft Start

    The use of a soft-start procedure is 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 impact hammer operating 
at full capacity. For impact pile driving, contractors will 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 will be conducted a total of three times before 
impact pile driving begins. This soft start procedure must be 
implemented at the start of a day's impact pile driving and at any time 
following cessation of impact driving of 30 minutes or greater. Soft 
start is not required during vibratory pile driving/removal or drilling 
activities.

Pre-Activity Monitoring

    Prior to the start of daily in-water construction activity, or 
whenever a break in pile driving or drilling of 30 minutes or longer 
occurs, the observer will observe the shutdown and monitoring zones for 
a period of 30 minutes. The shutdown zone will be cleared when a marine 
mammal has not been observed within the zone for that 30-minute period. 
A determination that the shutdown zone is clear must be made during a 
period of good visibility (i.e., the entire shutdown zone and 
surrounding waters must be visible to the naked eye). 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 
15 minutes. If the monitoring 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 monitoring zone. When a marine mammal 
permitted for Level B take is present in the monitoring zone, pile 
driving, pile removal, and drilling activities may begin and Level B 
take will 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 monitoring zone and shutdown zone will commence.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, requirements pertaining to 
the monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
proposed action area. Effective reporting is critical both to 
compliance 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.

Hydroacoustic Monitoring

    The Port recognizes in their application the need to implement a 
sound monitoring plan (SMP) as required by the Regional NMFS and U.S. 
Army Corps of Engineers programmatic review for pile driving activities 
in San Francisco Bay. The Port indicates that this SMP will recommend 
sound monitoring stations at 10 m, 100 m, and 300 m to monitor ambient 
noise conditions in the area. NMFS feels that ambient noise 
measurements are highly specific to the time and place they were taken, 
and therefore might have limited

[[Page 42486]]

use to future projects. However, there are few source level 
measurements for down the hole drilling activities, as shown by the use 
of Alaska DOT proxy data in this IHA. NMFS feels that rigorous 
hydroacoustic monitoring of source level for the down the hole drilling 
activity will be more beneficial for future projects in this region and 
others. While NMFS is not requiring these source level measurements, if 
the Port were already planning to conduct measurements, we recommend 
focusing on source level verification and could offer guidance on its 
implementation.

Visual Monitoring

    Monitoring would be conducted 30 minutes before, during, and 30 
minutes after all pile driving/removal and drilling 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, removed, or pile holes being drilled. Pile driving and drilling 
activities include the time to install, remove, or drill a hole for 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.
    Monitoring will be conducted by NMFS approved Protected Species 
Observers (PSOs). There will be at least two PSOs, but this number 
could be higher, depending on the type of pile driving/drilling and 
size of pile, which determines the size of the harassment zones. At 
least two land-based PSOs will monitor during all pile driving/removal 
and drilling activities.
    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:
    i. At least one PSO must have prior experience working as a marine 
mammal observer during construction activities;
     Independent observers (i.e., not construction personnel);
    ii. Other PSOs may substitute education (degree in biological 
science or related field) or training for experience;
    iii. Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator shall be designated. The lead 
observer must have prior experience working as a marine mammal observer 
during construction;
    iv. The Port of San Francisco shall submit PSO CVs for approval by 
NMFS; The Port of San Francisco shall ensure that observers have the 
following additional 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;
     Ability to conduct field observations and collect data 
according to assigned protocols;
     Experience or training in the field identification of 
marine mammals, including the identification of behaviors;
     Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, times, and reason for implementation 
of mitigation (or why mitigation was not implemented when required); 
and marine mammal behavior;
     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; and
     Sufficient training, orientation, or experience with the 
construction operations to provide for personal safety during 
observations.
    The Port of San Francisco shall submit a draft report to NMFS not 
later than 90 days following the end of construction activities. The 
Port of San Francisco shall provide a final report within 30 days 
following resolution of NMFS' comments on the draft report. Reports 
shall contain, at minimum, the following:
     Date and time that monitored activity begins and ends for 
each day conducted (monitoring period);
     Construction activities occurring during each daily 
observation period, including how many and what type of piles driven;
     Deviation from initial proposal in pile numbers, pile 
types, average driving times, etc.;
     Weather parameters in each monitoring period (e.g., wind 
speed, percent cloud cover, visibility);
     Water conditions in each monitoring period (e.g., sea 
state, tide state);
     Extrapolated estimates of the total observed Level B 
harassment takes based on the percentage of the Level B harassment zone 
that was not visible or was not monitored
     For each marine mammal sighting:
    [cir] Species, numbers, and, if possible, sex and age class of 
marine mammals;
    [cir] Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
    [cir] Location and distance from pile driving activities to marine 
mammals and distance from the marine mammals to the observation point;
    [cir] Estimated amount of time that the animals remained in the 
Level B harassment zone;
    [cir] Description of implementation of mitigation measures within 
each monitoring period (e.g., shutdown or delay);
    [cir] Other human activity in the area within each monitoring 
period; and
    [cir] A summary of the following:
    [ssquf] Total number of individuals of each species detected within 
the monitoring zone, and estimated as taken if correction factor 
appropriate;
    [ssquf] Total number of individuals of each species detected within 
the Level A harassment zone and the average amount of time that they 
remained in that zone; and
    [ssquf] Daily average number of individuals of each species 
(differentiated by month as appropriate) detected within the monitoring 
zone, and estimated as taken, if appropriate.

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,

[[Page 42487]]

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, bubble curtains will be used 
and shutdown zones that encompass the area in which Level A harassment 
might be expected to occur will be implemented. As a result, no Level A 
take is expected nor authorized for this activity. Exposures to 
elevated sound levels produced during pile driving activities may cause 
behavioral responses by an animal, but they are expected to be mild and 
temporary. Effects on individuals that are taken by Level B harassment, 
on the basis of reports in the literature as well as monitoring from 
other similar activities, will likely be limited to reactions such as 
increased swimming speeds, increased surfacing time, or decreased 
foraging (if such activity were occurring) (e.g., Thorson and Reyff, 
2006; Lerma, 2014). Most likely, individuals will simply move away from 
the sound source and be temporarily displaced from the areas of pile 
driving, although even this reaction has been observed primarily only 
in association with impact pile driving. These reactions and behavioral 
changes are expected to subside quickly when the exposures cease. 
Within the project area, there are no critical habitats or other 
biologically important areas (Calambokidis et al., 2015). The area is 
an active commercial port, and while harbor seals, California sea 
lions, and other marine mammals may be present, the area is not an 
established rookery or breeding ground for local populations.
    During all impact driving, implementation of soft start procedures, 
the use of a bubble curtain, and monitoring of established shutdown 
zones will be required. Given sufficient notice through use of soft 
start (for impact driving), marine mammals are expected to move away 
from an irritating sound source prior to it becoming potentially 
injurious. In addition, PSOs will be stationed within the action area 
whenever pile driving/removal and drilling operations are underway. 
Depending on the activity, The Port of San Francisco will employ the 
use of at least two PSOs to ensure all monitoring and shutdown zones 
are properly observed.
    Although the Mission Bay Ferry and Water Taxi Landing Project would 
have some permanent removal of habitat available to marine mammals, the 
area lost would negligible. Construction of the MBFL and WTL structures 
and dredging for the project will result in the disturbance of up to 
approximately 8.4 acres of predominantly fine[hyphen]grained sediment 
and the associated benthic infaunal community. Total habitat disturbed 
from the project activities is estimated at 0.000071 percent of the 
total South San Francisco Bay subtidal habitat available (NOAA 2007). 
This is a relatively small fraction of area relative to the total 
available habitat for foraging and transit for marine mammals. In 
addition, to minimize impacts, in[hyphen]water construction will be 
limited to locally established environmental work windows between June 
and November.
    Overall, impacts to marine mammals and prey species due to the 
Mission Bay Ferry and Water Taxi Landing Project are expected to be 
minor and temporary. The area impacted by the project is very small 
compared to the available habitat around San Francisco Bay. The most 
likely impact to prey will be temporary behavioral avoidance of the 
immediate area. During pile driving and drilling, it is expected that 
fish and marine mammals would temporarily move to nearby locations and 
return to the area following cessation of in-water construction 
activities. Therefore, indirect effects on marine mammal prey during 
the construction are not expected to be substantial.
    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:
     Mortality is not anticipated or authorized;
     Minimal impacts to marine mammal habitat are expected;
     Bubble curtain and other sound attenuating devices are 
used during impact pile driving will lessen the amount of behavioral 
disturbance and contribute to the alleviation of the likelihood of 
injury;
     Impacts are not occurring in rookeries, or known areas or 
features of special significance for foraging or reproduction in the 
project area;
     Anticipated incidents of Level B harassment consist of, at 
worst, temporary modifications in behavior; and
     Required mitigation measures (i.e. shutdown zones) are 
expected to be effective in reducing the effects of the specified 
activity.
    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 preliminarily finds that the total marine mammal take 
from the activity will have a negligible impact on all affected marine 
mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, where estimated numbers are 
available, NMFS compares the number of individuals taken to the most 
appropriate estimation of abundance of the relevant species or stock in 
our determination of whether an authorization is limited to small 
numbers of marine mammals. Additionally, other qualitative factors may 
be considered in the analysis, such as the temporal or spatial scale of 
the activities.
    Take for all species authorized except harbor seal is less than 
five percent of their respective stock abundance. For harbor seal, the 
authorized take is less than 10 percent of the stock abundance. Based 
on this and the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

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

[[Page 42488]]

Endangered Species Act (ESA)

    No incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. Therefore, NMFS 
has determined that formal consultation under section 7 of the ESA is 
not required for this action.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to the Port of San Francisco for conducting pile driving/
removal and drilling in San Francisco Bay from June 1, 2019 to May 31, 
2020, provided the previously mentioned mitigation, monitoring, and 
reporting requirements are incorporated. This section contains a draft 
of the IHA itself. The wording contained in this section is proposed 
for inclusion in the IHA (if issued).
    1. This Incidental Harassment Authorization (IHA) is valid from 
June 1, 2019, to May 31, 2020.
    2. This IHA is valid only for impact pile driving, vibratory pile 
driving, vibratory pile removal, and drilling activities associated 
with the construction of the Mission Bay Ferry and Water Taxi Landing 
Project in San Francisco Bay, California
    3. General Conditions
    (a) A copy of this IHA must be in the possession of the Port of San 
Francisco, its designees, and work crew personnel operating under the 
authority of this IHA;
    (b) The species authorized for taking are gray whale (Eschrichtius 
robustus), bottlenose dolphin (Tursiops truncatus), harbor porpoise 
(Phocoena phocoena), California sea lion (Zalophus californianus), 
northern fur seal (Callorhinus ursinus), Pacific harbor seal (Phoca 
vitulina richardii), and northern elephant seal (Mirounga 
angustirostris);
    (c) The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b). See Table 9 for numbers of take 
authorized;
    (d) The taking by serious injury or death of any of the species 
listed in condition 3(b) of the Authorization or any taking of any 
other species of marine mammal is prohibited and may result in the 
modification, suspension, or revocation of this IHA;
    (e) The Port of San Francisco must conduct briefings between 
construction supervisors and crews and marine mammal monitoring team 
prior to the start of all pile driving, pile removal, and drilling, and 
when new personnel join the work, in order to explain responsibilities, 
communication procedures, marine mammal monitoring protocol, and 
operational procedures; and
    (f) Pile driving and drilling activities authorized under this IHA 
may only occur during daylight hours.
    4. Mitigation Measures
    The holder of this Authorization is required to implement the 
following mitigation measures:
    (a) For all pile driving/removal, drilling, and in-water heavy 
machinery work, the Port of San Francisco must implement a shutdown 
zone around the pile or work zone. If a marine mammal comes within or 
approaches the shutdown zone, such operations must cease. See Table 10 
for minimum radial distances required for shutdown zones;
    (b) After a shutdown occurs, impact pile driving, vibratory piling 
driving/removal, and/or drilling can only begin after the animal is 
observed leaving the shutdown zone or has not been observed for 15 
minutes;
    (c) The Port of San Francisco must use sound attenuation devices 
(i.e. cushion block, and bubble curtain) during all impact pile driving 
and a caisson sleeve during drilling. The Port of San Francisco must 
implement the following bubble curtain performance standards:
    (1) The bubble curtain must distribute air bubbles around 100 
percent of the piling perimeter for the full depth of the water column;
    (2) The lowest bubble ring must be in contact with the mudline for 
the full circumference of the ring, and the weights attached to the 
bottom ring must ensure 100 percent mudline contact. No parts of the 
ring or other objects shall prevent full mudline contact; and
    (3) The selected contractor must ensure that personnel are trained 
in the proper balancing of air flow to the bubblers and must require 
that construction contractors submit an inspection/performance report 
for approval by the Port within 72 hours following the performance 
test. Corrections to the attenuation device to meet the performance 
standards must occur prior to impact driving;
    (d) The Port of San Francisco must use a soft-start procedure for 
impact pile driving. During a soft start, The Port of San Francisco is 
required to provide an initial set of three strikes from the impact 
hammer at 40 percent energy, followed by a 30-second waiting period, 
then two subsequent 3-strike sets. This soft-start must be applied 
prior to beginning pile driving activities each day or when impact pile 
driving hammers have been idle for more than 30 minutes;
    (e) If a species enters or approaches the Level B harassment zone 
and that species is either not authorized for take or its authorized 
takes are met, pile driving and removal activities must shut down 
immediately using delay and shut-down procedures; and
    (f) The Port of San Francisco must establish monitoring locations 
as described below.
    5. Monitoring
    The holder of this Authorization is required to conduct marine 
mammal monitoring during all pile driving/removal and drilling 
activities. Monitoring and reporting must be conducted in accordance 
with the Monitoring Plan as described below.
    (a) The Port of San Francisco must monitor the Level B harassment 
zones and shutdown zones shown in Tables 10 and 11 during all pile 
driving/removal and drilling activities. Monitoring efforts in the 
Level B harassment zone can be concentrated in a subset of the zone if 
it is not feasible to observe the entire zone.
    (b) If waters exceed a sea-state which restricts the observers' 
ability to make observations within the marine mammal shutdown zone, 
pile installation/removal and drilling must cease. Pile driving and/or 
drilling must not be initiated or continue until the entire largest 
shutdown zone for the activity is visible.
    (c) Prior to the start of daily in-water construction activity, or 
whenever a break in pile driving/removal and/or drilling of 30 minutes 
or longer occurs, the PSOs must observe the shutdown and monitoring 
zones for a period of 30 minutes before construction activities can 
begin.
    (d) If the shutdown zones have been observed to be clear of marine 
mammals for 30 minutes, in-water construction can commence and work can 
continue even if visibility becomes impaired within the Level B 
harassment zone.
    (e) Monitoring must be conducted by qualified PSOs, with minimum 
qualifications as described previously in the Monitoring and Reporting 
section of the proposed Federal Notice. PSO requirements include:
    (i) At least two PSOs must be on site to actively observe the 
shutdown and disturbance zones during all pile driving, removal, and 
drilling;
    (ii) Observers must use their naked eye with the aid of binoculars, 
and/or a spotting scope during all pile driving and extraction 
activities;
    (iii) All PSOs must be positioned in the best vantage point to have 
an unobstructed view of all water within the shutdown zone and as much 
of the Level B harassment zone as possible for pile driving/removal 
and/or drilling;
    (iv) Observers must be independent (i.e., not construction 
personnel);

[[Page 42489]]

    (v) At least one PSO must have prior experience working as a marine 
mammal observer during construction activities;
    (vi) (Other PSOs may substitute education (degree in biological 
science or related field) or training for experience;
    (vii) Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator shall be designated. The lead 
observer must have prior experience working as a marine mammal observer 
during construction;
    (viii) The Port of San Francisco shall submit PSO CVs for approval 
by NMFS;
    (f) Marine mammal location must be determined using a rangefinder 
and a GPS or compass;
    (g) Post-construction monitoring must be conducted for 30 minutes 
beyond the cessation of piling and drilling activities at end of day.
    6. Reporting
    The holder of this Authorization is required to:
    (a) Submit a draft report on all monitoring conducted under the IHA 
within 90 calendar days of the completion of marine mammal monitoring. 
This report must detail the monitoring protocol, summarize the data 
recorded during monitoring, and estimate the number of marine mammals 
that may have been harassed, including the total number extrapolated 
from observed animals across the entirety of relevant monitoring zones. 
Given that the entire Level B harassment zone may not be readily 
observable, takes must be recorded and extrapolated based upon the 
amount of total observed takes and the percentage of the Level B 
harassment zone that was not visible.
    A final report must be prepared and submitted within 30 days 
following resolution of comments on the draft report from NMFS. This 
report must contain the following:
    (i) Date and time a monitored activity begins or ends;
    (ii) Construction activities occurring during each observation 
period;
    (iii) Record of implementation of shutdowns, including the distance 
of animals to the pile and description of specific actions that ensued 
and resulting behavior of the animal, if any;
    (iv) An estimated total take extrapolated from the number of marine 
mammals observed during the course of construction activities, if 
necessary.
    (v) Deviation from initial proposal in pile numbers, pile types, 
average driving times, etc.;
    (vi) Weather parameters (e.g., percent cover, visibility);
    (vii) Water conditions (e.g., sea state, tide state);
    (viii) Species, numbers, and, if possible, sex and age class of 
marine mammals;
    (ix) Description of any observable marine mammal behavior patterns,
    (x) Distance from pile driving activities to marine mammals and 
distance from the marine mammals to the observation point;
    (x) Locations of all marine mammal observations; and
    (xi) Other human activity in the area.
    (b) Reporting injured or dead marine mammals:
    (i) In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this IHA, 
such as an injury (Level A harassment), serious injury, or mortality, 
The Port of San Francisco must immediately cease the specified 
activities and report the incident to the Office of Protected 
Resources, NMFS, and the West Coast Stranding Coordinator, NMFS. The 
report must include the following information:
    1. Time and date of the incident;
    2. Description of the incident;
    3. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    4. Description of all marine mammal observations and active sound 
source use in the 24 hours preceding the incident;
    5. Species identification or description of the animal(s) involved;
    6. Fate of the animal(s); and
    7. Photographs or video footage of the animal(s).
    Activities must not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with the Port of 
San Francisco to determine what measures are necessary to minimize the 
likelihood of further prohibited take and ensure MMPA compliance. The 
Port of San Francisco may not resume their activities until notified by 
NMFS;
    (i) In the event that the Port of San Francisco discovers an 
injured or dead marine mammal, and the lead observer 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), the Port 
of San Francisco must immediately report the incident to the Office of 
Protected Resources, NMFS, and the West Coast Stranding Coordinator, 
NMFS;
    (ii) The report must include the same information identified in 
6(b)(i) of this IHA. Activities may continue while NMFS reviews the 
circumstances of the incident. NMFS will work with the Port of San 
Francisco to determine whether additional mitigation measures or 
modifications to the activities are appropriate;
    (iii) In the event that the Port of San Francisco discovers an 
injured or dead marine mammal, and the lead observer determines that 
the injury or death is not associated with or related to the activities 
authorized in the IHA (e.g., previously wounded animal, carcass with 
moderate to advanced decomposition, or scavenger damage), the Port of 
San Francisco must report the incident to the Office of Protected 
Resources, NMFS, and the West Coast Stranding Coordinator, NMFS, within 
24 hours of the discovery. The Port of San Francisco must provide 
photographs or video footage or other documentation of the stranded 
animal sighting to NMFS;
    7. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein, or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.

Request for Public Comments

    We request comment on our analyses, the proposed authorization, the 
Port's potential sound source verification efforts, and any other 
aspect of this Notice of Proposed IHA for the proposed action. We also 
request comment on the potential for renewal of this proposed IHA as 
described in the paragraph below. 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 a second IHA would allow for 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

[[Page 42490]]

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 
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 16, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-18056 Filed 8-21-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                            42465

                                              • Beauty Bay Washington, LLC, Seattle,                  DEPARTMENT OF COMMERCE                                and will generally be posted online at
                                                 WA changes to Beauty Bay                                                                                   https://www.fisheries.noaa.gov/node/
                                                 Washington, LLC, Edmonds, WA                         National Oceanic and Atmospheric                      23111 without change. All personal
                                              • Blue North Fisheries, Inc, Seattle, WA                Administration                                        identifying information (e.g., name,
                                                 changes to Blue North Fisheries, Inc.,               RIN 0648–XG105
                                                                                                                                                            address) voluntarily submitted by the
                                                 Seattle, WA                                                                                                commenter may be publicly accessible.
                                              • Clipper Group, Ltd, Seattle, WA                       Takes of Marine Mammals Incidental to                 Do not submit confidential business
                                                 changes to Clipper Group, Ltd.,                      Specified Activities; Taking Marine                   information or otherwise sensitive or
                                                 Seattle, WA                                          Mammals Incidental to the Mission Bay                 protected information.
                                              • Liberator Fisheries, LLC, Seattle, WA                 Ferry and Water Taxi Landing Project                  FOR FURTHER INFORMATION CONTACT:     Gray
                                                 changes to Liberator Fisheries LLC,                  in San Francisco Bay, California                      Redding, Office of Protected Resources,
                                                 Seattle, WA
                                                                                                      AGENCY:  National Marine Fisheries                    NMFS, (301) 427–8401. Electronic
                                              • Siberian Sea Fisheries, LLC, Seattle,                                                                       copies of the application and supporting
                                                 WA changes to Siberian Sea Fisheries                 Service (NMFS), National Oceanic and
                                                                                                      Atmospheric Administration (NOAA),                    documents, as well as a list of the
                                                 LLC, Seattle, WA                                                                                           references cited in this document, may
                                                                                                      Commerce.
                                                 Alaska Longline Cod Commission’s                                                                           be obtained online at: https://
                                                                                                      ACTION: Notice; proposed incidental
                                              proposed amendment of its Export                                                                              www.fisheries.noaa.gov/national/
                                              Trade Certificate of Review would result                harassment authorization; request for
                                                                                                      comments on proposed authorization                    marine-mammal-protection/incidental-
                                              in the following Membership list:                                                                             take-authorizations-construction-
                                                                                                      and possible renewal.
                                              1. Akulurak LLC, Seattle, WA;                                                                                 activities. In case of problems accessing
                                              2. Alaskan Leader Fisheries LLC,                        SUMMARY:    NMFS has received a request               these documents, please call the contact
                                                   Lynden, WA;                                        from the Port of San Francisco for                    listed above.
                                              3. Alaskan Leader Seafoods LLC,                         authorization to take marine mammals                  SUPPLEMENTARY INFORMATION:
                                                   Lynden, WA;                                        incidental to the Mission Bay Ferry and
                                              4. Alaskan Leader Vessel LLC, Lynden,                   Water Taxi Landing Project in San                     Background
                                                   WA;                                                Francisco Bay, California. Pursuant to
                                              5. Aleutian Spray Fisheries, Inc.,                      the Marine Mammal Protection Act                         The MMPA prohibits the ‘‘take’’ of
                                                   Seattle, WA;                                       (MMPA), NMFS is requesting comments                   marine mammals, with certain
                                              6. Beauty Bay Washington, LLC,                          on its proposal to issue an incidental                exceptions. Sections 101(a)(5)(A) and
                                                   Edmonds, WA;                                       harassment authorization (IHA) to                     (D) of the MMPA (16 U.S.C. 1361 et
                                              7. Bering Leader Fisheries LLC, Lynden,                 incidentally take marine mammals                      seq.) direct the Secretary of Commerce
                                                   WA;                                                during the specified activities. NMFS is              (as delegated to NMFS) to allow, upon
                                              8. Blue North Fisheries, Inc., Seattle,                 also requesting comments on a possible                request, the incidental, but not
                                                   WA;                                                one-year renewal that could be issued                 intentional, taking of small numbers of
                                              9. Blue North Trading Company, LLC,                     under certain circumstances and if all                marine mammals by U.S. citizens who
                                                   Seattle, WA;                                       requirements are met, as described in                 engage in a specified activity (other than
                                              10. Bristol Leader Fisheries LLC,                       Request for Public Comments at the end                commercial fishing) within a specified
                                                   Lynden, WA;                                        of this notice. NMFS will consider                    geographical region if certain findings
                                                                                                      public comments prior to making any                   are made and either regulations are
                                              11. Clipper Group, Ltd., Seattle, WA;
                                                                                                      final decision on the issuance of the                 issued or, if the taking is limited to
                                              12. Clipper Seafoods, Ltd., Seattle, WA;
                                                                                                      requested MMPA authorization and                      harassment, a notice of a proposed
                                              13. Coastal Villages Longline LLC,
                                                                                                      agency responses will be summarized in                incidental take authorization may be
                                                   Anchorage, AK;
                                                                                                      the final notice of our decision.                     provided to the public for review.
                                              14. Deep Sea Fisheries, Inc., Everett,
                                                   WA;                                                DATES: Comments and information must                     Authorization for incidental takings
                                              15. Gulf Mist, Inc., Everett, WA;                       be received no later than September 21,               shall be granted if NMFS finds that the
                                              16. Liberator Fisheries LLC, Seattle,                   2018.                                                 taking will have a negligible impact on
                                                   WA;                                                ADDRESSES: Comments should be                         the species or stock(s) and will not have
                                              17. Northern Leader Fisheries LLC,                      addressed to Jolie Harrison, Chief,                   an unmitigable adverse impact on the
                                                   Lynden, WA;                                        Permits and Conservation Division,                    availability of the species or stock(s) for
                                              18. Prowler Fisheries, LLC, Seattle, WA;                Office of Protected Resources, National               taking for subsistence uses (where
                                              19. Romanzof Fishing Company, L.L.C.,                   Marine Fisheries Service. Physical                    relevant). Further, NMFS must prescribe
                                                   Seattle, WA;                                       comments should be sent to 1315 East-                 the permissible methods of taking and
                                              20. Shelford’s Boat, Ltd., Mill Creek,                  West Highway, Silver Spring, MD 20910                 other ‘‘means of effecting the least
                                                   WA;                                                and electronic comments should be sent                practicable [adverse] impact’’ on the
                                              21. Siberian Sea Fisheries LLC, Seattle,                to ITP.redding@noaa.gov.                              affected species or stocks and their
                                                   WA;                                                   Instructions: NMFS is not responsible              habitat, paying particular attention to
                                              22. Siu Alaska Corporation, Anchorage,                  for comments sent by any other method,                rookeries, mating grounds, and areas of
                                                   AK;                                                to any other address or individual, or                similar significance, and on the
                                              23. Tatoosh Seafoods, LLC, Edmonds,                     received after the end of the comment                 availability of such species or stocks for
                                                                                                      period. Comments received                             taking for certain subsistence uses
amozie on DSK3GDR082PROD with NOTICES1




                                                   WA.
                                                                                                      electronically, including all                         (referred to in shorthand as
                                                Dated: August 16, 2018.                               attachments, must not exceed a 25-                    ‘‘mitigation’’); and requirements
                                              Joseph Flynn,                                           megabyte file size. Attachments to                    pertaining to the mitigation, monitoring
                                              Director, Office of Trade and Economic                  electronic comments will be accepted in               and reporting of such takings are set
                                              Analysis, International Trade Administration.           Microsoft Word or Excel or Adobe PDF                  forth. The definitions of all applicable
                                              [FR Doc. 2018–18051 Filed 8–21–18; 8:45 am]             file formats only. All comments                       MMPA statutory terms cited above are
                                              BILLING CODE 3510–DR–P                                  received are a part of the public record              included in the relevant sections below.


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                                              42466                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              National Environmental Policy Act                       is neither requested nor proposed for                 process will consist of approximately 1–
                                                 To comply with the National                          authorization.                                        2 minutes of initial vibratory use while
                                              Environmental Policy Act of 1969                           The Mission Bay Ferry Landing, a                   pulling the pile up to loosen it from the
                                              (NEPA; 42 U.S.C. 4321 et seq.) and                      single-float, two-berth ferry landing will            sediment. The barge/crane then moves
                                              NOAA Administrative Order (NAO)                         provide critical regional ferry service to            to the next pile to loosen. The operator
                                              216–6A, NMFS must review our                            and from the Mission Bay                              will do this for five to eight piles then
                                              proposed action (i.e., the issuance of an               neighborhood, one of the fastest growing              remove the vibratory driver and go back
                                              incidental harassment authorization)                    neighborhoods in San Francisco, as well               to dead pull the loosened piles and
                                              with respect to potential impacts on the                as the Dogpatch, Potrero Hill, Pier 70,               place them on a debris barge for
                                              human environment.                                      and the Central Waterfront                            disposal at a permitted facility. The
                                                 This action is consistent with                       neighborhoods. The separate single                    vibratory use is minimal to just loosen
                                              categories of activities identified in                  float, two-berth Water Taxi Landing will              the pile. Noise generated from the
                                              Categorical Exclusion B4 (incidental                    provide local water taxi access to the                operation of the vibratory hammer is
                                              harassment authorizations with no                       Mission Bay area and surrounding                      expected to result in the behavioral
                                              anticipated serious injury or mortality)                neighborhoods.                                        disturbance of marine mammals and,
                                              of the Companion Manual for NOAA                                                                              therefore, take authorization is
                                                                                                      Dates and Duration                                    requested, and accounted for in the
                                              Administrative Order 216–6A, which do
                                              not individually or cumulatively have                      The Port of San Francisco’s                        ‘‘Take Calculation and Estimation’’
                                              the potential for significant impacts on                construction, including dredging,                     section below.
                                              the quality of the human environment                    vibratory and impact pile driving, and                Dredging
                                              and for which we have not identified                    drilling for installation of the pier and
                                                                                                      floating docks will occur from June                      Dredging of approximately 129,374
                                              any extraordinary circumstances that                                                                          cubic yards will be conducted to a
                                              would preclude this categorical                         through November of 2019
                                                                                                      (environment working windows for                      depth of ¥15 feet (ft) MLLW +2 ft of
                                              exclusion. Accordingly, NMFS has                                                                              overdepth within the Ferry Landing
                                              preliminarily determined that the                       dredging in this region of the San
                                                                                                      Francisco Bay established by the San                  dredge boundary, and to a depth of ¥8ft
                                              issuance of the proposed IHA qualifies                                                                        MLLW +1 ft overdepth within the Water
                                              to be categorically excluded from                       Francisco Bay Long Term Management
                                                                                                      Strategy (LTMS Agencies, 2001). The                   Taxi Landing dredge boundary.
                                              further NEPA review.                                                                                             Best Management Practices (BMPs)
                                                 We will review all comments                          maximum number of construction days
                                                                                                      possible, including dredging and all                  will be detailed in a Dredge Operations
                                              submitted in response to this notice                                                                          Plan (DOP) submitted to the regulatory
                                              prior to concluding our NEPA process                    other activities, is 55 days. The
                                                                                                                                                            agencies for approval before dredging
                                              or making a final decision on the IHA                   maximum total number of days for pile
                                                                                                                                                            begins, and implemented. Dredging will
                                              request.                                                installation and removal are 15 days.
                                                                                                                                                            be performed from a barge-mounted
                                              Summary of Request                                      Specific Geographic Region                            crane with a clam shell bucket.
                                                                                                         As stated, the project is located in San           Sediment will be transferred into
                                                 On November 2, 2017, NMFS received
                                                                                                      Francisco Bay within the Port of San                  adjacent barges for transport to
                                              a request from the Port of San Francisco
                                                                                                      Francisco’s Southern Waterfront in the                permitted placement site(s). All debris
                                              for an IHA to take marine mammals
                                                                                                      Mission Bay/Central Waterfront area.                  encountered during dredging operations
                                              incidental to pile driving and drilling in
                                                                                                      The specific geographic location for the              will be removed and disposed of at an
                                              San Francisco Bay. NMFS determined
                                                                                                      project is provided in Figures 1 and 2                approved upland location. Noise
                                              that a revised version of the Port’s
                                                                                                      of the IHA Application. The project site              measurements of dredging activities are
                                              application was adequate and complete
                                                                                                      is approximately three kilometers south               rare in the literature, but dredging is
                                              on June 22, 2018. The Port of San
                                                                                                      of the San Francisco-Oakland Bay                      considered to be a low-impact activity
                                              Francisco’s request is for take of seven
                                                                                                      Bridge, on the western side of San                    for marine mammals, producing non-
                                              species of marine mammals by Level B
                                                                                                      Francisco Bay in the Central Basin. The               pulsed sound and being substantially
                                              harassment only. Neither the Port of San
                                                                                                      nearby waterfront is an active                        quieter in terms of acoustic energy
                                              Francisco nor NMFS expects serious
                                                                                                      recreational and commercial port and                  output than sources such as seismic
                                              injury or mortality to result from this
                                                                                                      shipyard.                                             airguns and impact pile driving. Noise
                                              activity and, therefore, an IHA is
                                                                                                                                                            produced by dredging operations has
                                              appropriate.                                            Detailed Description of Specific Activity             been compared to that produced by a
                                              Description of Proposed Activity                        Demolition                                            commercial vessel travelling at modest
                                                                                                                                                            speed (Robinson et al., 2011). Further
                                              Overview                                                   Based on preliminary bathymetric                   discussion of dredging sound
                                                The port of San Francisco proposes to                 surveys and historic information, The                 production may be found in the
                                              construct the Mission Bay Ferry                         Port anticipates that buried remnants of              literature (e.g., Richardson et al., 1995,
                                              Landing (MBFL) and Water Taxi                           concrete and wood debris from Pier 64–                Nedwell et al., 2008, Parvin et al., 2008,
                                              Landing (WTL) on San Francisco Bay,                     66 apron may be encountered within the                Ainslie et al., 2009). Generally, the
                                              within the Port of San Francisco’s                      Ferry Landing dredge boundary. All                    effects of dredging on marine mammals
                                              Southern Waterfront in the Mission                      debris encountered during dredging                    are not expected to rise to the level of
                                              Bay/Central Waterfront area (see Figure                 operations will be removed and                        a take. As stated, take is highly unlikely
                                              1 of IHA Application). The project’s                    disposed of at an approved upland                     and is not proposed to be authorized for
amozie on DSK3GDR082PROD with NOTICES1




                                              proposed activities that have the                       location.                                             dredging activities.
                                              potential to take marine mammals                           In addition, existing piles will be
                                              include vibratory and impact pile                       pulled with a cable choker or removed                 Pile Installation
                                              driving, vibratory pile removal, and                    with a vibratory hammer and every                       A total of 28 permanent piles will be
                                              down the hole drilling. In addition, the                effort will be made to remove the entire              installed as part of this project. Four 24-
                                              project will include dredging, however                  pile length. If it is necessary to utilize            inch concrete piles will be installed on
                                              authorization of take from this activity                vibratory hammer to remove a pile the                 land above the mean highwater (MHW)


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                                                                            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                                  42467

                                              line, and the remaining piles will all be                  provides a depiction of this process.                   concrete piles to be installed in-water
                                              installed in-water as outlined in Table 1.                 This method of construction creates less                will be installed with an impact
                                                 Concrete piles used for in-water                        overall noise and turbidity during                      hammer.
                                              construction of the pier structure for the                 installation than driven piles. Drilling                  The Port estimates a production rate
                                              Mission Bay Ferry Landing will involve                     also is beneficial as it reduces the stress
                                              the temporary installation of a steel                                                                              for pile driving of two to six piles per
                                                                                                         and therefore chance of breakage or
                                              caisson sleeve followed by drilling of                                                                             day, resulting in a 15 days of pile
                                                                                                         damage to the pile during installation.
                                              the rock socket, with this installation                    Overall, ten 24-inch octagonal concrete                 driving and removal as outlined in
                                              and drilling process outlined below.                       piles will be driven using these                        Table 1. Piles installed using an impact
                                              Four 14-inch steel H piles will be driven                  methods, including down the hole                        hammer will use a Delmag D36/D46/
                                              with a vibratory driver to provide                         drilling. Authorization of take by Level                D62 or similar diesel hammer. An
                                              support for a 30-inch steel caisson                        B harassment was requested and is                       overview of the sound source levels for
                                              sleeve, a large tubular steel pile. The                    proposed for authorization by NMFS for                  this pile installation can be found in
                                              steel sleeve will also be installed using                  drilling activities associated with 24-                 Table 3. It should be noted that the
                                              a vibratory driver until refusal. Once the                 inch concrete piles.                                    contractor will be instructed to
                                              caisson is in place, sediment/soil/rock                      For the remaining piles, noise                        implement vibratory installation as
                                              within the caisson will be drilled out                     generated by vibratory and/or impact                    much as possible.
                                              using a Bauer BG18 drill or similar. All                   hammers is expected to result in the                      All pile driving will be performed in
                                              drilled sediment/soil/rock will be                         disturbance of marine mammals and,
                                                                                                                                                                 compliance with the ‘‘U.S. Army Corps
                                              collected for disposal and transported to                  therefore, authorization of incidental
                                                                                                                                                                 of Engineers Proposed Procedures for
                                              an appropriate permitted facility. The                     take is proposed. Eight 36-inch steel
                                              concrete piles are then inserted after the                 piles for the MBFL guide piles and                      Permitting Projects that will Not
                                              hole has been drilled. The 24-inch                         donut fenders and two 16-inch steel                     Adversely Affect Selected Listed
                                              concrete piles will then be placed/                        piles for the WTL platform will be                      Species in California’’ and the
                                              seated in bedrock for grouting then the                    installed with a combination of                         associated USFWS and NMFS section 7
                                              outer caisson and four H-piles will be                     vibratory driver and/or impact hammer.                  consultation documents associated with
                                              pulled. Figure 3 in the IHA Application                    The four remaining 20-inch square                       these procedures.

                                                                                              TABLE 1—SUMMARY OF IN WATER PILE INSTALLATION
                                                                                      Pile
                                                                Project                                              Number                                                                       Construction
                                               Locations                           diameter        Pile type                                            Method                        Piles/day
                                                                element                                              of piles                                                                        days
                                                                                     (inch)

                                              Debris Removal ................            12    Steel .............          12   If necessary, a vibratory hammer will be used               12
                                                                                                                                    to remove up to 12 piles 60–120 seconds/pile
                                                                                                                                    while pulling the pile up to loosen it from the
                                                                                                                                    sediment.

                                              MBFL .....    Pier ...............         14    H-pile steel ...              4   Four 14-inch steel H beams will be driven with               4                   10
                                                                                         30    Steel caisson                 1     Vibratory Driver 600 seconds/pile to support               1
                                                                                         24    Octagonal                    10     30-inch steel caisson sleeve driven with Vi-               1
                                                                                                 concrete.                         bratory Driver (900 sec/pile) to refusal, drill
                                                                                                                                   out hole removing soils, place and position
                                                                                                                                   concrete pile, grout pile in place while simul-
                                                                                                                                   taneously pulling the caisson.
                                                            Float Guide                  36    Steel .............           6   Vibratory Driver 1200 sec/pile then Impact                   5                     2
                                                              Piles.                                                               Hammer last 15 ft (150 strikes/pile ∼20 min-
                                                                                                                                   utes); bubble curtain will be used during im-
                                                                                                                                   pact duration.
                                                            Donut Fender                 36    Steel .............           2   Vibratory Driver 1200 sec/pile then Impact                   5   ....................
                                                              Piles.                                                               Hammer last 15 ft (150 strikes/pile ∼20 min-
                                                                                                                                   utes); bubble curtain will be used during im-
                                                                                                                                   pact duration.
                                              WTL .......   Platform ........            16    Steel .............           2   Vibratory Driver 600 sec/pile then Impact Ham-               2                    1
                                                                                                                                   mer last 15 ft (500 strikes/pile ∼20 minutes);
                                                                                                                                   bubble curtain will be used during impact du-
                                                                                                                                   ration.
                                                            Guide Piles ..               20    Square Con-                   4   Impact Hammer 500 strikes/pile (max 20 min-                  4                     1
                                                                                                 crete.                            utes); if necessary bubble curtain will be used
                                                                                                                                   during impact duration.



                                              Installation of Ferry Landing Structural                   result in any harassment of marine                      Proposed Mitigation and Proposed
                                              Elements                                                   mammals. Therefore, no take is                          Monitoring and Reporting).
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                                                                                                         requested or proposed for authorization                 Description of Marine Mammals in the
                                                Installation of the pier deck, pier                      for these activities.
                                              canopy, float, and gangway would be                                                                                Area of Specified Activities
                                              conducted from land and water-based                          Proposed mitigation, monitoring, and                    Sections 3 and 4 of the application
                                              vessels. This work would include the                       reporting measures are described in                     summarize available information
                                              use of generators, cranes, and other                       detail later in this document (please see               regarding status and trends, distribution
                                              heavy equipment but is not expected to                                                                             and habitat preferences, and behavior


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                                              42468                                Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              and life history, of the potentially                                    stock, including regulatory status under                                        Marine mammal abundance estimates
                                              affected species. Additional information                                the MMPA and ESA and potential                                               presented in this document represent
                                              regarding population trends and threats                                 biological removal (PBR), where known.                                       the total number of individuals that
                                              may be found in NMFS’s Stock                                            For taxonomy, we follow the Committee                                        make up a given stock or the total
                                              Assessment Reports (SAR; https://                                       on Taxonomy (2017). PBR is defined by                                        number estimated within a particular
                                              www.fisheries.noaa.gov/national/                                        the MMPA as the maximum number of                                            study or survey area. NMFS’s stock
                                              marine-mammal-protection/marine-                                        animals, not including natural                                               abundance estimates for most species
                                              mammal-stock-assessments) and more                                      mortalities, that may be removed from a                                      represent the total estimate of
                                              general information about these species                                 marine mammal stock while allowing                                           individuals within the geographic area,
                                              (e.g., physical and behavioral                                          that stock to reach or maintain its                                          if known, that comprises that stock. For
                                              descriptions) may be found on NMFS’s                                    optimum sustainable population (as                                           some species, this geographic area may
                                              website (https://                                                       described in NMFS’s SARs). While                                             extend beyond U.S. waters. All managed
                                              www.fisheries.noaa.gov/find-species).                                   NMFS neither anticipates nor proposes                                        stocks in this region are assessed in
                                                 Table 2 lists all species with expected                              to authorize mortality here, PBR and                                         NMFS’s U.S. 2017 SARs (Carretta et al.,
                                              potential for occurrence in the Mission                                 annual serious injury and mortality                                          2017). All values presented in Table 2
                                              Bay/Central Waterfront area of San                                      from anthropogenic sources are                                               are the most recent available at the time
                                              Francisco Bay and summarizes                                            included here as gross indicators of the                                     of publication and are available in the
                                              information related to the population or                                status of the species and other threats.                                     2017 SARs (Carretta et al., 2017).
                                                                                                                                                                                                               Stock
                                                                                                                                                                                            ESA/             abundance
                                                                                                                                                                                           MMPA              (CV, Nmin,                        Annual
                                                         Common name                                   Scientific name                                    Stock                            status;                                  PBR
                                                                                                                                                                                                             most recent                       M/SI 3
                                                                                                                                                                                          strategic          abundance
                                                                                                                                                                                           (Y/N) 1            survey) 2

                                                                                                        Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

                                                                                                                                          Family Eschrichtiidae

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

                                                                                                                                 Family Balaenopteridae (rorquals)

                                              Humpback whale .......................         Megaptera novaeangliae ..........         California/Oregon/Washington ..                    E/D; Y      1,918 (0.03, 1,876, 2014)           11      >6.5

                                                                                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                                                                                                                            Family Delphinidae

                                              Bottlenose dolphin .....................       Tursiops truncatus ....................   California Coastal .....................           -/-; N      453 (0.06, 346, 2011) .....      2.7          >2

                                                                                                                                  Family Phocoenidae (porpoises)

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

                                                                                                                            Order Carnivora—Superfamily Pinnipedia

                                                                                                                          Family Otariidae (eared seals and sea lions)

                                              California sea lion ......................     Zalophus californianus ..............     U.S. ...........................................   -/-; N      296,750 (n/a, 153,337,         9,200         389
                                                                                                                                                                                                        2011).
                                              Northern fur seal ........................     Callorhinus ursinus ...................   California ...................................     -/-; N      14,050 (n/a, 7,524, 2013)        451         1.8
                                                                                                                                       Eastern North Pacific ................             -/-; N      626,734 (n/a, 530,474,        11,405         1.1
                                                                                                                                                                                                        2014).
                                              Guadalupe fur seal ....................        Arctocephalus townsendi ..........        Mexico to California ..................            T/D; Y      20,000 (n/a, 15,830,            542         >3.2
                                                                                                                                                                                                        2010).

                                                                                                                                  Family Phocidae (earless seals)

                                              Pacific harbor seal .....................      Phoca vitulina richardii ..............   California ...................................     -/-; N      30,968 (n/a, 27,348,           1,641          43
                                                                                                                                                                                                        2012).
                                              Northern elephant seal ..............          Mirounga angustirostris ............      California Breeding ...................            -/-; N      179,000 (n/a, 81,368,          4,882         8.8
                                                                                                                                                                                                        2010).
                                                1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the
                                              ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
                                              which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically
                                              designated under the MMPA as depleted and as a strategic stock.
                                                2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess-
                                              ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
                                                3 These values, found in NMFSs SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish-
                                              eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated
                                              mortality due to commercial fisheries is presented in some cases.
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                                                Note: Italicized species are not expected to be taken or proposed for authorization.



                                                All species that could potentially                                    spatial occurrence of humpback whale                                         explanation provided here. Humpback
                                              occur in the Port’s proposed project area                               and Guadalupe fur seal is such that take                                     whales are rare visitors to the interior of
                                              in San Francisco Bay are included in                                    is not expected to occur, and they are                                       San Francisco Bay. A recent, seasonal
                                              Table 2. However, the temporal and/or                                   not discussed further beyond the                                             influx of humpback whales inside San



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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                          42469

                                              Francisco Bay near the Golden Gate was                  North Pacific stock is much larger and                Bay were observed in the western Bay,
                                              recorded from April to November in                      is more likely to occur in the San                    from the Golden Gate Bridge to Oyster
                                              2016 and 2017 (Keener 2017). The                        Francisco Bay area. Western North                     Point and Redwood City (Perlman
                                              Golden Gate is outside of this project’s                Pacific Gray whales have summer and                   2017).
                                              action area and humpback whales are                     fall feeding grounds in the Okhotsk Sea
                                                                                                                                                            Harbor Porpoise
                                              not expected to be present during the                   off northeast Sakhalin Island, Russia,
                                              project. Guadalupe fur seals                            and off southeastern Kamchatka in the                    Harbor porpoise are seldom found in
                                              occasionally range into the waters of                   Bering Sea (NMFS 2017c), so they                      waters warmer than 62.6 degrees
                                              northern California and the Pacific                     would not be expected to occur in San                 Fahrenheit (17 degrees Celsius) (Read
                                              Northwest. The Farallon Islands (off                    Francisco Bay during construction                     1990) or south of Point Conception, and
                                              central California) and Channel Islands                 activity for this project. With the                   occurs as far north as the Bering Sea
                                              (off southern California) are used as                   exception of an unusual mortality event               (Barlow and Hanan 1995; Carretta et al.,
                                              haulouts during these movements                         in 1999 and 2000, the population of                   2017). The San Francisco-Russian River
                                              (Simon 2016). Juvenile Guadalupe fur                    Eastern North Pacific stock has                       stock is found from Pescadero, 18 mi (30
                                              seals occasionally strand in the vicinity               increased over the last 20 years and has              km) south of the Bay, to 99 mi (160 km)
                                              of San Francisco, especially during El                  been stable since the 1990s (NMFS                     north of the Bay at Point Arena (Carretta
                                              Niño events. Most strandings along the                 2015c).                                               et al., 2017). In most areas, harbor
                                              California coast are animals younger                       Gray whales are the only baleen                    porpoise occurs in small groups,
                                              than two years old, with evidence of                    whale known to feed on the sea floor,                 consisting of just a few individuals.
                                              malnutrition (NMFS 2017a). Because                      where they scoop up bottom sediments                     Occasional sightings of harbor
                                              Guadalupe fur seals are highly rare in                  to filter out benthic crustaceans,                    porpoises in the Bay, including near the
                                              the area, and sightings are associated                  mollusks, and worms (NMFS 2015c).                     Yerba Buena Island harbor seal haul-out
                                              with abnormal weather conditions, such                  They feed in northern waters primarily                site, were reported by the Caltrans
                                              as El Niño events, NMFS has                            off the Bering, Chukchi, and western                  marine mammal monitoring program
                                              determined that no Guadalupe fur seals                  Beaufort Seas during the summer.                      beginning in 2008 (Caltrans 2018).
                                              are likely to occur in the project vicinity             Between December and January, late-                   Continued sightings from Caltrans and
                                              and, therefore, no take is expected to                  stage pregnant females, adult males, and              the Golden Gate Cetacean Research
                                              occur.                                                  immature females and males migrate                    (GGCR) Organization suggests that the
                                                                                                      southward to breeding areas around                    species is returning to San Francisco
                                              Harbor Seal                                             Mexico. The northward migration                       Bay after an absence of approximately
                                                 Harbor seals are found from Baja                     occurs between February and March.                    65 years (GGCR 2010). This
                                              California to the eastern Aleutian                      Coastal waters just outside San                       re-immergence is not unique to San
                                              Islands of Alaska. The species primarily                Francisco Bay are considered a                        Francisco Bay, but rather indicative of
                                              hauls out on remote mainland and                        migratory Biologically Important Area                 the harbor porpoise in general along the
                                              island beaches and reefs, and estuary                   for the northward progression of gray                 west coast. GGCR has been issued a
                                              areas. Harbor seals tend to forage locally              whales (Calambokidis et al., 2015).                   scientific research permit from NMFS
                                              within 53 miles (mi) (85 kilometers                     During this time, recently pregnant                   for a multi-year assessment to document
                                              (km)) of haul-out sites (Harvey and                     females, adult males, immature females,               the population abundance and
                                              Goley 2011). Harbor seal is the most                    and females with calves move north to                 distribution in the Bay (82 FR 60374).
                                              common marine mammal species                            the feeding grounds (Calambokidis et                  Recent observations of harbor porpoises
                                              observed in the Bay and individuals are                 al., 2014). A few individuals enter into              have been reported by GGCR researchers
                                              commonly seen near the San Francisco-                   the San Francisco Bay during their                    off Cavallo Point, outside Raccoon Strait
                                              Oakland Bay Bridge east span (CalTrans                  northward migration.                                  between Tiburon and Angel Island, off
                                              2013b, 2013c). Tagging studies have                                                                           Fort Point and as far into the Bay as
                                              shown that most seals tagged in the Bay                 Bottlenose Dolphins                                   Carquinez Strait (Perlman 2010). Based
                                              remain in the Bay (Harvey and Goley                        Bottlenose dolphins are distributed                on the Caltrans and GGCR monitoring,
                                              2011; Manugian 2013). Foraging often                    world-wide in tropical and warm-                      over 100 porpoises were seen at one
                                              occurs in the Bay, as noted by                          temperate waters. In many regions,                    time entering San Francisco Bay; and
                                              observations of seals exhibiting foraging               including California, separate coastal                over 600 individual animals have been
                                              behavior (short dives less than five                    and offshore populations are known                    documented in a photo-ID database.
                                              minutes, moving back and forth in an                    (Walker 1981; Ross and Cockcroft 1990;                Reported sightings are concentrated in
                                              area, and sometimes tearing up prey at                  Van Waerebeek et al. 1990). The                       the vicinity of the Golden Gate Bridge
                                              the surface).                                           California coastal stock of bottlenose                and Angel Island, with lesser numbers
                                                                                                      dolphins is distinct from the offshore                sighted south of Alcatraz and west of
                                              Gray Whale                                              stock, based on significant differences in            Treasure Island (AECOM 2017).
                                                Gray whales are large baleen whales.                  genetics and cranial morphology (Perrin
                                              They grow to approximately 50 ft in                     et al. 2011, Lowther-Thielking et al.                 California Sea Lion
                                              length and weigh up to 40 tons. They                    2015). California coastal bottlenose                     California sea lions breed on the
                                              are one of the most frequently seen                     dolphins are found within about one km                offshore islands of California from May
                                              whales along the California coast, easily               of shore (Hansen, 1990; Carretta et al.               through July (Heath and Perrin 2009).
                                              recognized by their mottled gray color                  1998; Defran and Weller 1999) with the                During the non-breeding season, adult
                                              and lack of dorsal fin. Adult whales                    range extending north over the last                   and sub-adult males and juveniles
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                                              carry heavy loads of attached barnacles,                several decades related to El Niño                   migrate northward along the coast, to
                                              which add to their mottled appearance.                  events and increased ocean                            central and northern California, Oregon,
                                              Gray whales are divided into the Eastern                temperatures. As the range of bottlenose              Washington, and Vancouver Island
                                              North Pacific and Western North Pacific                 dolphins extended north, dolphins                     (Jefferson et al., 1993). They return
                                              stocks. Both stocks migrate each year                   began entering the Bay in 2010                        south the following spring (Lowry and
                                              along the west coast of continental                     (Szczepaniak 2013). Until 2016, most                  Forney 2005; Heath and Perrin 2009).
                                              North America and Alaska. The Eastern                   bottlenose dolphins in San Francisco                  Females and some juveniles tend to


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                                              42470                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              remain closer to rookeries (Antonelis et                the Farallon Islands, and Point Reyes                 Richardson et al., 1995; Wartzok and
                                              al., 1990; Melin et al., 2008).                         National Seashore.                                    Ketten, 1999; Au and Hastings, 2008).
                                                 In San Francisco Bay, California sea                    Northern elephant seals haul out to                To reflect this, Southall et al. (2007)
                                              lions have been observed at Angel                       give birth and breed from December                    recommended that marine mammals be
                                              Island and occupying the docks near                     through March. Pups remain onshore or                 divided into functional hearing groups
                                              Pier 39 which is the largest California                 in adjacent shallow water through May.                based on directly measured or estimated
                                              sea lion haul-out in San Francisco Bay.                 Both sexes make two foraging                          hearing ranges on the basis of available
                                              A maximum of 1,706 sea lions were                       migrations each year: One after breeding              behavioral response data, audiograms
                                              counted at Pier 39 in 2009. However,                    and the second after molting (Stewart                 derived using auditory evoked potential
                                              since then the population has averaged                  1989; Stewart and DeLong 1995). Adult                 techniques, anatomical modeling, and
                                              at about 50–300 depending upon the                      females migrate to the central North                  other data. Note that no direct
                                              season (TMMC 2017). This group of sea                   Pacific to forage, and males migrate to               measurements of hearing ability have
                                              lions has decreased in size in recent                   the Gulf of Alaska to forage (Robinson                been successfully completed for
                                              years, coincident with a fluctuating                    et al. 2012). Pup mortality is high when              mysticetes (i.e., low-frequency
                                              decrease in the herring population in                   they make the first trip to sea in May,               cetaceans). Subsequently, NMFS (2018)
                                              the Bay. There are no known breeding                    and this period correlates with the time              described generalized hearing ranges for
                                              sites within San Francisco Bay. Their                   of most strandings. Pups of the year                  these marine mammal hearing groups.
                                              primary breeding site is in the Channel                 return in the late summer and fall, to                Generalized hearing ranges were chosen
                                              Islands (USACE 2011). The sea lions                     haul out at breeding rookery and small                based on the approximately 65 dB
                                              appear at Pier 39 after returning from                  haul out sites, but occasionally they                 threshold from the normalized
                                              the Channel Islands at the beginning of                 may make brief stops in the Bay.                      composite audiograms, with the
                                              August (Bauer 1999). No other sea lion                     Generally, only juvenile elephant                  exception for lower limits for low-
                                              haul-out sites have been identified in                  seals enter the Bay and do not remain                 frequency cetaceans where the lower
                                              the Bay and no pupping has been                         long. The most recent sighting near the               bound was deemed to be biologically
                                              observed at the Pier 39 site or any other               project area was in 2012, on the beach                implausible and the lower bound from
                                              site in San Francisco Bay under normal                  at Clipper Cove on Treasure Island,                   Southall et al. (2007) retained. The
                                              conditions (USACE 2011). Although                       when a healthy yearling elephant seal                 functional groups and the associated
                                              there has been documentation of                         hauled out for approximately 1 day.                   frequencies are indicated below (note
                                              pupping on docks in the Bay, this event                 Approximately 100 juvenile northern                   that these frequency ranges correspond
                                              was during a domoic acid event. The                     elephant seals strand in or near the Bay              to the range for the composite group,
                                              Port does not anticipate that any domoic                each year, including individual                       with the entire range not necessarily
                                              events will occur during the project                    strandings at Yerba Buena Island (YBI)                reflecting the capabilities of every
                                              construction activities.                                and Treasure Island (less than 10                     species within that group):
                                                 The project site is approximately four               strandings per year).                                    • Low-frequency cetaceans
                                              miles away from Pier 39. Although there                                                                       (mysticetes): Generalized hearing is
                                              is little information regarding the                     Northern Fur Seal
                                                                                                                                                            estimated to occur between
                                              foraging behavior of the California sea                    Northern fur seal breeds on the                    approximately 7 Hz and 35 kHz;
                                              lion in southern San Francisco Bay, they                offshore islands of California and in the                • Mid-frequency cetaceans (larger
                                              have been observed foraging on a                        Bering Sea from May through July. Two                 toothed whales, beaked whales, and
                                              regular basis in the shipping channel                   stocks of Northern fur seals may occur                most delphinids): Generalized hearing is
                                              south of Yerba Buena Island.                            near the Bay, the California and Eastern              estimated to occur between
                                                 Foraging grounds have also been                      Pacific stocks. The California stock                  approximately 150 Hz and 160 kHz;
                                              identified for pinnipeds, including sea                 breeds, pups, and forages off the                        • High-frequency cetaceans
                                              lions, between Yerba Buena Island and                   California coast. The Eastern Pacific                 (porpoises, river dolphins, and members
                                              Treasure Island, as well as off the                     stock breeds and pups on islands in the               of the genera Kogia and
                                              Tiburon Peninsula (Caltrans, 2006). The                 Bering Sea, but females and juveniles                 Cephalorhynchus; including two
                                              California sea lions that use the Pier 39               move south to California waters to                    members of the genus Lagenorhynchus,
                                              haul-out site may be feeding on Pacific                 forage in the fall and winter months.                 on the basis of recent echolocation data
                                              herring (Clupea harengus), northern                        Both the California and Eastern                    and genetic data): Generalized hearing is
                                              anchovy, and other prey in the waters                   Pacific stocks forage in the offshore                 estimated to occur between
                                              of San Francisco Bay (Caltrans, 2013a).                 waters of California, but only sick,                  approximately 275 Hz and 160 kHz.
                                              In addition to the Pier 39 haul-out,                    emaciated, or injured fur seals enter the                • Pinnipeds in water; Phocidae (true
                                              California sea lions haul out on buoys                  Bay. The Marine Mammal Center                         seals): Generalized hearing is estimated
                                              and similar structures throughout San                   (TMMC) occasionally picks up stranded                 to occur between approximately 50 Hz
                                              Francisco Bay. They mainly are seen                     fur seals around YBI and Treasure                     to 86 kHz;
                                              swimming off the San Francisco and                      Island.                                                  • Pinnipeds in water; Otariidae (eared
                                              Marin shorelines within San Francisco                                                                         seals): Generalized hearing is estimated
                                                                                                      Marine Mammal Hearing
                                              Bay, but may occasionally enter the                                                                           to occur between 60 Hz and 39 kHz.
                                              project area to forage.                                   Hearing is the most important sensory                  The pinniped functional hearing
                                                                                                      modality for marine mammals                           group was modified from Southall et al.
                                              Northern Elephant Seal                                  underwater, and exposure to                           (2007) on the basis of data indicating
                                                 Northern elephant seal is common on                  anthropogenic sound can have                          that phocid species have consistently
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                                              California coastal mainland and island                  deleterious effects. To appropriately                 demonstrated an extended frequency
                                              sites, where the species pups, breeds,                  assess the potential effects of exposure              range of hearing compared to otariids,
                                              rests, and molts. The largest rookeries                 to sound, it is necessary to understand               especially in the higher frequency range
                                              are on San Nicolas and San Miguel                       the frequency ranges marine mammals                   (Hemilä et al., 2006; Kastelein et al.,
                                              islands in the northern Channel Islands.                are able to hear. Current data indicate               2009; Reichmuth and Holt, 2013).
                                              Near the Bay, elephant seals breed,                     that not all marine mammal species                       For more detail concerning these
                                              molt, and haul out at Año Nuevo Island,                have equal hearing capabilities (e.g.,                groups and associated frequency ranges,


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                          42471

                                              please see NMFS (2018) for a review of                  mPa). The received level is the sound                 becomes important near shore, with
                                              available information. Seven marine                     level at the listener’s position. Note that           measurements collected at a distance of
                                              mammal species (three cetacean and                      all underwater sound levels in this                   8.5 km from shore showing an increase
                                              four pinniped (two otariid and two                      document are referenced to a pressure of              of 10 dB in the 100 to 700 Hz band
                                              phocid) species) have the reasonable                    1 mPa and all airborne sound levels in                during heavy surf conditions.
                                              potential to co-occur with the proposed                 this document are referenced to a                        • Precipitation: Sound from rain and
                                              survey activities. Please refer to Table 2.             pressure of 20 mPa.                                   hail impacting the water surface can
                                              Of the cetacean species that may be                        Root mean square (rms) is the                      become an important component of total
                                              present, the gray whale is classified as                quadratic mean sound pressure over the                noise at frequencies above 500 Hz, and
                                              a low-frequency cetacean, the bottlenose                duration of an impulse. Rms is                        possibly down to 100 Hz during quiet
                                              dolphin is classified as a mid-frequency                calculated by squaring all of the sound               times.
                                              cetacean, and the harbor porpoise is                    amplitudes, averaging the squares, and                   • Biological: Marine mammals can
                                              classified as a high-frequency cetacean.                then taking the square root of the                    contribute significantly to ambient noise
                                                                                                      average (Urick 1983). Rms accounts for                levels, as can some fish and shrimp. The
                                              Potential Effects of Specified Activities               both positive and negative values;                    frequency band for biological
                                              on Marine Mammals and Their Habitat                     squaring the pressures makes all values               contributions is from approximately 12
                                                 This section includes a summary and                  positive so that they may be accounted                Hz to over 100 kHz.
                                              discussion of the ways that components                  for in the summation of pressure levels                  • Anthropogenic: Sources of ambient
                                              of the specified activity may impact                    (Hastings and Popper 2005). This                      noise related to human activity include
                                              marine mammals and their habitat. The                   measurement is often used in the                      transportation (surface vessels and
                                              ‘‘Estimated Take’’ section later in this                context of discussing behavioral effects,             aircraft), dredging and construction, oil
                                              document includes a quantitative                        in part because behavioral effects,                   and gas drilling and production, seismic
                                              analysis of the number of individuals                   which often result from auditory cues,                surveys, sonar, explosions, and ocean
                                              that are expected to be taken by this                   may be better expressed through                       acoustic studies. Shipping noise
                                              activity. The ‘‘Negligible Impact                       averaged units than by peak pressures.                typically dominates the total ambient
                                              Analysis and Determination’’ section                       When underwater objects vibrate or                 noise for frequencies between 20 and
                                              considers the content of this section, the              activity occurs, sound-pressure waves                 300 Hz. In general, the frequencies of
                                              ‘‘Estimated Take’’ section, and the                     are created. These waves alternately                  anthropogenic sounds are below 1 kHz
                                              ‘‘Proposed Mitigation’’ section, to draw                compress and decompress the water as                  and, if higher frequency sound levels
                                              conclusions regarding the likely impacts                the sound wave travels. Underwater                    are created, they attenuate rapidly
                                              of these activities on the reproductive                 sound waves radiate in all directions                 (Richardson et al., 1995). Sound from
                                              success or survivorship of individuals                  away from the source (similar to ripples              identifiable anthropogenic sources other
                                              and how those impacts on individuals                    on the surface of a pond), except in                  than the activity of interest (e.g., a
                                              are likely to impact marine mammal                      cases where the source is directional.                passing vessel) is sometimes termed
                                              species or stocks.                                      The compressions and decompressions                   background sound, as opposed to
                                                                                                      associated with sound waves are                       ambient sound.
                                              Description of Sound                                                                                             The sum of the various natural and
                                                                                                      detected as changes in pressure by
                                                 Sound travels in waves, the basic                    aquatic life and man-made sound                       anthropogenic sound sources at any
                                              components of which are frequency,                      receptors such as hydrophones.                        given location and time—which
                                              wavelength, velocity, and amplitude.                       Even in the absence of sound from the              comprise ‘‘ambient’’ or ‘‘background’’
                                              Frequency is the number of pressure                     specified activity, the underwater                    sound—depends not only on the source
                                              waves that pass by a reference point per                environment is typically loud due to                  levels (as determined by current
                                              unit of time and is measured in Hz or                   ambient sound. Ambient sound is                       weather conditions and levels of
                                              cycles per second. Wavelength is the                    defined as environmental background                   biological and shipping activity) but
                                              distance between two peaks of a sound                   sound levels lacking a single source or               also on the ability of sound to propagate
                                              wave; lower frequency sounds have                       point (Richardson et al., 1995), and the              through the environment. In turn, sound
                                              longer wavelengths than higher                          sound level of a region is defined by the             propagation is dependent on the
                                              frequency sounds. Amplitude is the                      total acoustical energy being generated               spatially and temporally varying
                                              height of the sound pressure wave or the                by known and unknown sources. These                   properties of the water column and sea
                                              ‘loudness’ of a sound and is typically                  sources may include physical (e.g.,                   floor, and is frequency-dependent. As a
                                              measured using the dB scale. A dB is                    waves, earthquakes, ice, atmospheric                  result of the dependence on a large
                                              the ratio between a measured pressure                   sound), biological (e.g., sounds                      number of varying factors, ambient
                                              (with sound) and a reference pressure                   produced by marine mammals, fish, and                 sound levels can be expected to vary
                                              (sound at a constant pressure,                          invertebrates), and anthropogenic sound               widely over both coarse and fine spatial
                                              established by scientific standards). It is             (e.g., vessels, dredging, aircraft,                   and temporal scales. Sound levels at a
                                              a logarithmic unit that accounts for large              construction). A number of sources                    given frequency and location can vary
                                              variations in amplitude; therefore,                     contribute to ambient sound, including                by 10–20 dB from day to day
                                              relatively small changes in dB ratings                  the following (Richardson et al., 1995):              (Richardson et al., 1995). The result is
                                              correspond to large changes in sound                       • Wind and waves: The complex                      that, depending on the source type and
                                              pressure. When referring to sound                       interactions between wind and water                   its intensity, sound from the specified
                                              pressure levels (SPLs; the sound force                  surface, including processes such as                  activity may be a negligible addition to
                                              per unit area), sound is referenced in the              breaking waves and wave-induced                       the local environment or could form a
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                                              context of underwater sound pressure to                 bubble oscillations and cavitation, are a             distinctive signal that may affect marine
                                              one microPascal (mPa). One pascal is the                main source of naturally occurring                    mammals.
                                              pressure resulting from a force of one                  ambient noise for frequencies between
                                              newton exerted over an area of one                      200 Hz and 50 kilohertz (kHz) (Mitson                 Description of Sound Sources
                                              square meter (m2). The source level (SL)                1995). In general, ambient sound levels                 In-water construction activities
                                              represents the sound level at a distance                tend to increase with increasing wind                 associated with the project would
                                              of 1 m from the source (referenced to 1                 speed and wave height. Surf noise                     include impact pile driving, vibratory


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                                              42472                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              pile driving, vibratory pile removal, and               time (Nedwell and Edwards 2002;                       likelihood that the Port of San
                                              down the hole drilling. The sounds                      Carlson et al., 2005).                                Francisco’s activities may result in such
                                              produced by these activities fall into                                                                        effects (see below for further
                                                                                                      Acoustic Impacts
                                              one of two general sound types:                                                                               discussion). Marine mammals exposed
                                              Impulsive and non-impulsive (defined                       Anthropogenic sounds cover a broad                 to high-intensity sound, or to lower-
                                              in the following). The distinction                      range of frequencies and sound levels                 intensity sound for prolonged periods,
                                              between these two sound types is                        and can have a range of highly variable               can experience hearing threshold shift
                                              important because they have differing                   impacts on marine life, from none or                  (TS), which is the loss of hearing
                                              potential to cause physical effects,                    minor to potentially severe responses,                sensitivity at certain frequency ranges
                                              particularly with regard to hearing (e.g.,              depending on received levels, duration                (Kastak et al., 1999; Schlundt et al.,
                                              Ward 1997 in Southall et al., 2007).                    of exposure, behavioral context, and                  2000; Finneran et al., 2002, 2005). TS
                                              Please see Southall et al. (2007) for an                various other factors. The potential                  can be permanent (PTS), in which case
                                              in-depth discussion of these concepts.                  effects of underwater sound from active               the loss of hearing sensitivity is not
                                                 Impulsive sound sources (e.g.,                       acoustic sources can potentially result               fully recoverable, or temporary (TTS), in
                                              explosions, gunshots, sonic booms,                      in one or more of the following direct                which case the animal’s hearing
                                              impact pile driving) produce signals                    impacts on marine mammals; temporary                  threshold would recover over time
                                              that are brief (typically considered to be              or permanent hearing impairment, non-                 (Southall et al., 2007). Repeated sound
                                              less than one second), broadband, atonal                auditory physical or physiological                    exposure that leads to TTS could cause
                                              transients (ANSI 1986; Harris 1998;                     effects, behavioral disturbance, stress,              PTS. In severe cases of PTS, there can
                                              NIOSH 1998; ISO 2003; ANSI 2005) and                    and masking (Richardson et al., 1995;                 be total or partial deafness, while in
                                              occur either as isolated events or                      Gordon et al., 2004; Nowacek et al.,                  most cases the animal has an impaired
                                              repeated in some succession. Impulsive                  2007; Southall et al., 2007; Gotz et al.,             ability to hear sounds in specific
                                              sounds are all characterized by a                       2009). The degree of effect is                        frequency ranges (Kryter 1985).
                                              relatively rapid rise from ambient                      intrinsically related to the signal                      When PTS occurs, there is physical
                                              pressure to a maximal pressure value                    characteristics, received level, distance             damage to the sound receptors in the ear
                                              followed by a rapid decay period that                   from the source, and duration of the                  (i.e., tissue damage), whereas TTS
                                              may include a period of diminishing,                    sound exposure. In general, sudden,                   represents primarily tissue fatigue and
                                              oscillating maximal and minimal                         high level sounds can cause hearing                   is reversible (Southall et al., 2007). In
                                              pressures, and generally have an                        loss, as can longer exposures to lower                addition, other investigators have
                                              increased capacity to induce physical                   level sounds. Temporary or permanent                  suggested that TTS is within the normal
                                              injury as compared with sounds that                     loss of hearing will occur almost                     bounds of physiological variability and
                                              lack these features.                                    exclusively for noise within an animal’s              tolerance and does not represent
                                                 Non-impulsive sounds can be tonal,                   hearing range. We first describe specific             physical injury (e.g., Ward 1997).
                                              narrowband, or broadband, brief or                      manifestations of acoustic effects before             Therefore, NMFS does not consider TTS
                                              prolonged, and may be either                            providing discussion specific to the Port             to constitute auditory injury.
                                              continuous or non-continuous (NIOSH                     of San Fancisco’s construction                           Relationships between TTS and PTS
                                              1998). Some of these non-impulsive                      activities.                                           thresholds have not been studied in
                                              sounds can be transient signals of short                   Richardson et al. (1995) described                 marine mammals—PTS data exists only
                                              duration but without the essential                      zones of increasing intensity of effect               for a single harbor seal (Kastak et al.,
                                              properties of impulses (e.g., rapid rise                that might be expected to occur, in                   2008)—but are assumed to be similar to
                                              time). Examples of non-impulsive                        relation to distance from a source and                those in humans and other terrestrial
                                              sounds include those produced by                        assuming that the signal is within an                 mammals. PTS typically occurs at
                                              vessels, aircraft, machinery operations                 animal’s hearing range. First is the area             exposure levels at least several dB above
                                              such as drilling or dredging, vibratory                 within which the acoustic signal would                a 40-dB threshold shift approximates
                                              pile driving, and active sonar systems.                 be audible (potentially perceived) to the             PTS onset; e.g., Kryter et al., 1966;
                                              The duration of such sounds, as                         animal, but not strong enough to elicit               Miller, 1974 found that inducing mild
                                              received at a distance, can be greatly                  any overt behavioral or physiological                 TTS (a 6-dB threshold shift)
                                              extended in a highly reverberant                        response. The next zone corresponds                   approximates TTS onset (e.g., Southall
                                              environment.                                            with the area where the signal is audible             et al., 2007). Based on data from
                                                 Impact hammers operate by                            to the animal and of sufficient intensity             terrestrial mammals, a precautionary
                                              repeatedly dropping a heavy piston onto                 to elicit behavioral or physiological                 assumption is that the PTS thresholds
                                              a pile to drive the pile into the substrate.            responsiveness. Third is a zone within                for impulsive sounds (such as impact
                                              Sound generated by impact hammers is                    which, for signals of high intensity, the             pile driving sounds received close to the
                                              characterized by rapid rise times and                   received level is sufficient to potentially           source) are at least 6 dB higher than the
                                              high peak levels, a potentially injurious               cause discomfort or tissue damage to                  TTS threshold on a peak-pressure basis
                                              combination (Hastings and Popper                        auditory or other systems. Overlaying                 and PTS cumulative sound exposure
                                              2005). Vibratory hammers install piles                  these zones to a certain extent is the                level thresholds are 15 to 20 dB higher
                                              by vibrating them and allowing the                      area within which masking (i.e., when a               than TTS cumulative sound exposure
                                              weight of the hammer to push them into                  sound interferes with or masks the                    level thresholds (Southall et al., 2007).
                                              the sediment. Vibratory hammers                         ability of an animal to detect a signal of            Given the higher level of sound or
                                              produce significantly less sound than                   interest that is above the absolute                   longer exposure duration necessary to
                                              impact hammers. Peak SPLs may be 180                    hearing threshold) may occur; the                     cause PTS as compared with TTS, it is
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                                              dB or greater, but are generally 10 to 20               masking zone may be highly variable in                considerably less likely that PTS could
                                              dB lower than SPLs generated during                     size.                                                 occur.
                                              impact pile driving of the same-sized                      We describe the more severe effects                   TTS is the mildest form of hearing
                                              pile (Oestman et al., 2009). Rise time is               (i.e., permanent hearing impairment,                  impairment that can occur during
                                              slower, reducing the probability and                    certain non-auditory physical or                      exposure to sound (Kryter 1985). While
                                              severity of injury, and sound energy is                 physiological effects) only briefly as we             experiencing TTS, the hearing threshold
                                              distributed over a greater amount of                    do not expect that there is a reasonable              rises, and a sound must be at a higher


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                           42473

                                              level in order to be heard. In terrestrial              exposure to sound. These impacts can                  Please see Appendices B–C of Southall
                                              and marine mammals, TTS can last from                   include neurological effects, bubble                  et al. (2007) for a review of studies
                                              minutes or hours to days (in cases of                   formation, resonance effects, and other               involving marine mammal behavioral
                                              strong TTS). In many cases, hearing                     types of organ or tissue damage (Cox et               responses to sound.
                                              sensitivity recovers rapidly after                      al., 2006; Southall et al., 2007; Zimmer                 Habituation can occur when an
                                              exposure to the sound ends. Few data                    and Tyack 2007). The Port of San                      animal’s response to a stimulus wanes
                                              on sound levels and durations necessary                 Francisco’s activities do not involve the             with repeated exposure, usually in the
                                              to elicit mild TTS have been obtained                   use of devices such as explosives or                  absence of unpleasant associated events
                                              for marine mammals.                                     mid-frequency active sonar that are                   (Wartzok et al., 2003). Animals are most
                                                 Marine mammal hearing plays a                        associated with these types of effects.               likely to habituate to sounds that are
                                              critical role in communication with                     These impacts are not anticipated to                  predictable and unvarying. It is
                                              conspecifics, and interpretation of                     occur as a result of the Port’s work and              important to note that habituation is
                                              environmental cues for purposes such                    are not discussed further.                            appropriately considered as a
                                              as predator avoidance and prey capture.                    When a live or dead marine mammal                  ‘‘progressive reduction in response to
                                              Depending on the degree (elevation of                   swims or floats onto shore and is                     stimuli that are perceived as neither
                                              threshold in dB), duration (i.e., recovery              incapable of returning to sea, the event              aversive nor beneficial,’’ rather than as,
                                              time), and frequency range of TTS, and                  is termed a ‘‘stranding’’ (16 U.S.C.                  more generally, moderation in response
                                              the context in which it is experienced,                 1421h(3)). Marine mammals are known                   to human disturbance (Bejder et al.,
                                              TTS can have effects on marine                          to strand for a variety of reasons, such              2009). The opposite process is
                                              mammals ranging from discountable to                    as infectious agents, biotoxicosis,                   sensitization, when an unpleasant
                                              serious. For example, a marine mammal                   starvation, fishery interaction, ship                 experience leads to subsequent
                                              may be able to readily compensate for                   strike, unusual oceanographic or                      responses, often in the form of
                                              a brief, relatively small amount of TTS                 weather events, sound exposure, or                    avoidance, at a lower level of exposure.
                                              in a non-critical frequency range that                  combinations of these stressors                       As noted, behavioral state may affect the
                                              occurs during a time where ambient                      sustained concurrently or in series (e.g.,            type of response. For example, animals
                                              noise is lower and there are not as many                Geraci et al., 1999). However, the cause              that are resting may show greater
                                              competing sounds present.                               or causes of most strandings are                      behavioral change in response to
                                              Alternatively, a larger amount and                      unknown (e.g., Best 1982).                            disturbing sound levels than animals
                                              longer duration of TTS sustained during                 Combinations of dissimilar stressors                  that are highly motivated to remain in
                                              a time when communication is critical                   may combine to kill an animal or
                                                                                                                                                            an area for feeding (Richardson et al.,
                                              for successful mother/calf interactions                 dramatically reduce its fitness, even
                                                                                                                                                            1995; NRC 2003; Wartzok et al., 2003).
                                              could have more serious impacts.                        though one exposure without the other
                                                 Currently, TTS data only exist for four                                                                    Controlled experiments with captive
                                                                                                      would not be expected to produce the
                                              species of cetaceans (bottlenose dolphin                                                                      marine mammals have showed
                                                                                                      same outcome (e.g., Sih et al., 2004). For
                                              (Tursiops truncatus), beluga whale                                                                            pronounced behavioral reactions,
                                                                                                      further description of stranding events
                                              (Delphinapterus leucas), harbor                                                                               including avoidance of loud sound
                                                                                                      see, e.g., Southall et al., 2006; Jepson et
                                              porpoise, and Yangtze finless porpoise                                                                        sources (Ridgway et al., 1997; Finneran
                                                                                                      al., 2013; Wright et al., 2013.
                                              (Neophocoena asiaeorientalis) and three                                                                       et al., 2003). Observed responses of wild
                                              species of pinnipeds (northern elephant                 Behavioral Effects                                    marine mammals to loud-impulsive
                                              seal, harbor seal, and California sea lion)                Behavioral disturbance may include a               sound sources (typically seismic airguns
                                              exposed to a limited number of sound                    variety of effects, including subtle                  or acoustic harassment devices) have
                                              sources (i.e., mostly tones and octave-                 changes in behavior (e.g., minor or brief             been varied but often consist of
                                              band noise) in laboratory settings (e.g.,               avoidance of an area or changes in                    avoidance behavior or other behavioral
                                              Finneran et al., 2002; Nachtigall et al.,               vocalizations), more conspicuous                      changes suggesting discomfort (Morton
                                              2004; Kastak et al., 2005; Lucke et al.,                changes in similar behavioral activities,             and Symonds 2002; see also Richardson
                                              2009; Popov et al., 2011). In general,                  and more sustained and/or potentially                 et al., 1995; Nowacek et al., 2007).
                                              harbor seals (Kastak et al., 2005;                      severe reactions, such as displacement                   Available studies show wide variation
                                              Kastelein et al., 2012a) and harbor                     from or abandonment of high-quality                   in response to underwater sound;
                                              porpoises (Lucke et al., 2009; Kastelein                habitat. Behavioral responses to sound                therefore, it is difficult to predict
                                              et al., 2012b) have a lower TTS onset                   are highly variable and context-specific              specifically how any given sound in a
                                              than other measured pinniped or                         and any reactions depend on numerous                  particular instance might affect marine
                                              cetacean species. Additionally, the                     intrinsic and extrinsic factors (e.g.,                mammals perceiving the signal. If a
                                              existing marine mammal TTS data come                    species, state of maturity, experience,               marine mammal does react briefly to an
                                              from a limited number of individuals                    current activity, reproductive state,                 underwater sound by changing its
                                              within these species. There are no data                 auditory sensitivity, time of day), as                behavior or moving a small distance, the
                                              available on noise-induced hearing loss                 well as the interplay between factors                 impacts of the change are unlikely to be
                                              for mysticetes. For summaries of data on                (e.g., Richardson et al., 1995; Wartzok et            significant to the individual, let alone
                                              TTS in marine mammals or for further                    al., 2003; Southall et al., 2007; Weilgart,           the stock or population. However, if a
                                              discussion of TTS onset thresholds,                     2007; Archer et al., 2010). Behavioral                sound source displaces marine
                                              please see Finneran (2015).                             reactions can vary not only among                     mammals from an important feeding or
                                                 In addition to PTS and TTS, there is                 individuals but also within an                        breeding area for a prolonged period,
                                              a potential for non-auditory                            individual, depending on previous                     impacts on individuals and populations
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                                              physiological effects or injuries that                  experience with a sound source,                       could be significant (e.g., Lusseau and
                                              theoretically might occur in marine                     context, and numerous other factors                   Bejder 2007; Weilgart 2007; NRC 2005).
                                              mammals exposed to high level                           (Ellison et al., 2012), and can vary                  However, there are broad categories of
                                              underwater sound or as a secondary                      depending on characteristics associated               potential response, which we describe
                                              effect of extreme behavioral reactions                  with the sound source (e.g., whether it               in greater detail here, that include
                                              (e.g., change in dive profile as a result               is moving or stationary, number of                    alteration of dive behavior, alteration of
                                              of an avoidance reaction) caused by                     sources, distance from the source).                   foraging behavior, effects to breathing,


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                                              42474                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              interference with or alteration of                      Changes in vocalization behavior in                   are solitary or in groups may influence
                                              vocalization, avoidance, and flight.                    response to anthropogenic noise can                   the response.
                                                 Changes in dive behavior can vary                    occur for any of these modes and may                     Behavioral disturbance can also
                                              widely, and may consist of increased or                 result from a need to compete with an                 impact marine mammals in more subtle
                                              decreased dive times and surface                        increase in background noise or may                   ways. Increased vigilance may result in
                                              intervals as well as changes in the rates               reflect increased vigilance or a startle              costs related to diversion of focus and
                                              of ascent and descent during a dive (e.g.,              response. For example, in the presence                attention (i.e., when a response consists
                                              Frankel and Clark 2000; Costa et al.,                   of potentially masking signals,                       of increased vigilance, it may come at
                                              2003; Ng and Leung 2003; Nowacek et                     humpback whales and killer whales                     the cost of decreased attention to other
                                              al., 2004; Goldbogen et al., 2013a,b).                  have been observed to increase the                    critical behaviors such as foraging or
                                              Variations in dive behavior may reflect                 length of their songs (Miller et al., 2000;           resting). These effects have generally not
                                              interruptions in biologically significant               Fristrup et al., 2003; Foote et al., 2004),           been demonstrated for marine
                                              activities (e.g., foraging) or they may be              while right whales (Eubalaena glacialis)              mammals, but studies involving fish
                                              of little biological significance. The                  have been observed to shift the                       and terrestrial animals have shown that
                                              impact of an alteration to dive behavior                frequency content of their calls upward               increased vigilance may substantially
                                              resulting from an acoustic exposure                     while reducing the rate of calling in                 reduce feeding rates (e.g., Beauchamp
                                              depends on what the animal is doing at                  areas of increased anthropogenic noise                and Livoreil 1997; Fritz et al., 2002;
                                              the time of the exposure and the type                   (Parks et al., 2007). In some cases,                  Purser and Radford 2011). In addition,
                                              and magnitude of the response.                          animals may cease sound production                    chronic disturbance can cause
                                                 Disruption of feeding behavior can be                during production of aversive signals                 population declines through reduction
                                              difficult to correlate with anthropogenic               (Bowles et al., 1994).                                of fitness (e.g., decline in body
                                              sound exposure, so it is usually inferred                  Avoidance is the displacement of an                condition) and subsequent reduction in
                                              by observed displacement from known                                                                           reproductive success, survival, or both
                                                                                                      individual from an area or migration
                                              foraging areas, the appearance of                                                                             (e.g., Harrington and Veitch, 1992; Daan
                                                                                                      path because of the presence of a sound
                                              secondary indicators (e.g., bubble nets                                                                       et al., 1996; Bradshaw et al., 1998).
                                                                                                      or other stressors, and is one of the most
                                              or sediment plumes), or changes in dive                                                                       However, Ridgway et al. (2006) reported
                                                                                                      obvious manifestations of disturbance in
                                              behavior. As for other types of                                                                               that increased vigilance in bottlenose
                                                                                                      marine mammals (Richardson et al.,
                                              behavioral response, the frequency,                                                                           dolphins exposed to sound over a five-
                                                                                                      1995). For example, gray whales are
                                              duration, and temporal pattern of signal                                                                      day period did not cause any sleep
                                                                                                      known to change direction—deflecting
                                              presentation, as well as differences in                                                                       deprivation or stress effects.
                                                                                                      from customary migratory paths—in
                                              species sensitivity, are likely                                                                                  Many animals perform vital functions,
                                                                                                      order to avoid noise from seismic                     such as feeding, resting, traveling, and
                                              contributing factors to differences in
                                              response in any given circumstance                      surveys (Malme et al., 1984). Avoidance               socializing, on a diel cycle (24-hour
                                              (e.g., Croll et al., 2001; Nowacek et al.;              may be short-term, with animals                       cycle). Disruption of such functions
                                              2004; Madsen et al., 2006; Yazvenko et                  returning to the area once the noise has              resulting from reactions to stressors
                                              al., 2007). A determination of whether                  ceased (e.g., Bowles et al., 1994; Goold,             such as sound exposure are more likely
                                              foraging disruptions incur fitness                      1996; Stone et al., 2000; Morton and                  to be significant if they last more than
                                              consequences would require                              Symonds, 2002; Gailey et al., 2007).                  one diel cycle or recur on subsequent
                                              information on or estimates of the                      Longer-term displacement is possible,                 days (Southall et al., 2007).
                                              energetic requirements of the affected                  however, which may lead to changes in                 Consequently, a behavioral response
                                              individuals and the relationship                        abundance or distribution patterns of                 lasting less than one day and not
                                              between prey availability, foraging effort              the affected species in the affected                  recurring on subsequent days is not
                                              and success, and the life history stage of              region if habituation to the presence of              considered particularly severe unless it
                                              the animal.                                             the sound does not occur (e.g.,                       could directly affect reproduction or
                                                 Variations in respiration naturally                  Blackwell et al., 2004; Bejder et al.,                survival (Southall et al., 2007). Note that
                                              occur with different behaviors and                      2006; Teilmann et al., 2006).                         there is a difference between multi-day
                                              alterations to breathing rate as a                         A flight response is a dramatic change             substantive behavioral reactions and
                                              function of acoustic exposure can be                    in normal movement to a directed and                  multi-day anthropogenic activities. For
                                              expected to co-occur with other                         rapid movement away from the                          example, just because an activity lasts
                                              behavioral reactions, such as a flight                  perceived location of a sound source.                 for multiple days does not necessarily
                                              response or an alteration in diving.                    The flight response differs from other                mean that individual animals are either
                                              However, respiration rates in and of                    avoidance responses in the intensity of               exposed to activity-related stressors for
                                              themselves may be representative of                     the response (e.g., directed movement,                multiple days or, further, exposed in a
                                              annoyance or an acute stress response.                  rate of travel). Relatively little                    manner resulting in sustained multi-day
                                              Various studies have shown that                         information on flight responses of                    substantive behavioral responses.
                                              respiration rates may either be                         marine mammals to anthropogenic
                                              unaffected or could increase, depending                 signals exist, although observations of               Behavioral Effects of the Port’s
                                              on the species and signal characteristics,              flight responses to the presence of                   Activities (Pile Driving and Drilling)
                                              again highlighting the importance in                    predators have occurred (Connor and                      In the absence of mitigation, impacts
                                              understanding species differences in the                Heithaus 1996). The result of a flight                to marine species could be expected to
                                              tolerance of underwater noise when                      response could range from brief,                      include physiological and behavioral
                                              determining the potential for impacts                   temporary exertion and displacement                   responses to the acoustic signature
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                                              resulting from anthropogenic sound                      from the area where the signal provokes               (Viada et al., 2008). Potential effects
                                              exposure (e.g., Kastelein et al., 2001,                 flight to, in extreme cases, marine                   from impulsive sound sources like pile
                                              2005, 2006; Gailey et al., 2007).                       mammal strandings (Evans and England                  driving can range in severity from
                                                 Marine mammals vocalize for                          2001). However, it should be noted that               effects such as behavioral disturbance to
                                              different purposes and across multiple                  response to a perceived predator does                 temporary or permanent hearing
                                              modes, such as whistling, echolocation                  not necessarily invoke flight (Ford and               impairment (Yelverton et al., 1973). Due
                                              click production, calling, and singing.                 Reeves 2008), and whether individuals                 to the nature of the pile driving sounds


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                          42475

                                              in the project, behavioral disturbance is               1995): Changing durations of surfacing                duration and limited affected area
                                              the most likely effect from the proposed                and dives, number of blows per                        would result in insignificant impacts
                                              activity. Marine mammals exposed to                     surfacing, or moving direction and/or                 from masking.
                                              high intensity sound repeatedly or for                  speed; reduced/increased vocal                           Pinnipeds that occur near the project
                                              prolonged periods can experience                        activities; changing/cessation of certain             site could be exposed to airborne
                                              hearing threshold shifts. PTS constitutes               behavioral activities (such as socializing            sounds associated with pile driving and
                                              injury, but TTS does not (Southall et al.,              or feeding); visible startle response or              removal that have the potential to cause
                                              2007). Based on the nature of the Port’s                aggressive behavior (such as tail/fluke               behavioral harassment, depending on
                                              activity and the anticipated                            slapping or jaw clapping); avoidance of               their distance from pile driving
                                              effectiveness of the mitigation measures                areas where sound sources are located;                activities. Cetaceans are not expected to
                                              (i.e., use of a bubble curtain, wood                    and/or flight responses (e.g., pinnipeds              be exposed to airborne sounds that
                                              cushion, and shutdown—discussed in                      flushing into water from haulouts or                  would result in harassment as defined
                                              detail below in the Proposed Mitigation                 rookeries). Pinnipeds may increase their              under the MMPA.
                                              section), PTS is not anticipated.                       haul-out time, possibly to avoid in-                     Airborne noise will primarily be an
                                              Therefore, the Port is not requesting and               water disturbance (Thorson and Reyff                  issue for pinnipeds that are swimming
                                              NMFS is not proposing to authorize take                 2006). If a marine mammal responds to                 or hauled out near the project site
                                              by Level A harassment related to this                   a stimulus by changing its behavior                   within the range of noise levels elevated
                                              project.                                                (e.g., through relatively minor changes               above the acoustic criteria. We
                                                 The effects of sounds from pile                      in locomotion direction/speed or                      recognize that pinnipeds in the water
                                              driving, by impact or vibratory means,                  vocalization behavior), the response                  could be exposed to airborne sound that
                                              pile removal, and down the hole drilling                may or may not constitute taking at the               may result in behavioral harassment
                                              might include one or more of the                        individual level, and is unlikely to                  when looking with their heads above
                                              following: Temporary or permanent                       affect the stock or the species as a                  water. Most likely, airborne sound
                                              hearing impairment, non-auditory                        whole. However, if a sound source                     would cause behavioral responses
                                              physical or physiological effects,                      displaces marine mammals from an                      similar to those discussed above in
                                              behavioral disturbance, and masking                     important feeding or breeding area for a              relation to underwater sound. For
                                              (Richardson et al., 1995; Gordon et al.,                prolonged period, impacts on animals,                 instance, anthropogenic sound could
                                              2003; Nowacek et al., 2007; Southall et                 and if so potentially on the stock or                 cause hauled-out pinnipeds to exhibit
                                              al., 2007). The effects of pile driving and             species, could potentially be significant             changes in their normal behavior, such
                                              drilling on marine mammals are                          (e.g., Lusseau and Bejder 2007; Weilgart              as reduction in vocalizations, or cause
                                              dependent on several factors, including                 2007).                                                them to temporarily abandon the area
                                              the type and depth of the animal; the                                                                         and move further from the source.
                                              pile size and type, and the intensity and                  Natural and artificial sounds can                  However, these animals would likely
                                              duration of the pile driving sound; the                 disrupt behavior by masking. The                      previously have been ‘taken’ because of
                                              substrate; the standoff distance between                frequency range of the potentially                    exposure to underwater sound above the
                                              the pile and the animal; and the sound                  masking sound is important in                         behavioral harassment thresholds,
                                              propagation properties of the                           determining any potential behavioral                  which are in all cases larger than those
                                              environment. Impacts to marine                          impacts. Because sound generated from                 associated with airborne sound. Thus,
                                              mammals from pile driving and pile                      in-water pile driving and removal is                  the behavioral harassment of these
                                              removal activities are expected to result               mostly concentrated at low-frequency                  animals by airborne sound is already
                                              primarily from acoustic pathways. As                    ranges, it may have less effect on high               accounted for in the estimates of
                                              such, the degree of effect is intrinsically             frequency echolocation sounds made by                 potential take from underwater
                                              related to the frequency, received level,               porpoises. The most intense underwater                exposure to pile driving sounds.
                                              and duration of the sound exposure,                     sounds in the Port’s proposed action are              Therefore, we do not believe that
                                              which are in turn influenced by the                     those produced by impact pile driving.                authorization of additional incidental
                                              distance between the animal and the                     Given that the energy distribution of                 take resulting from airborne sound for
                                              source. The further away from the                       pile driving covers a broad frequency                 pinnipeds is warranted, and airborne
                                              source, the less intense the exposure                   spectrum, sound from these sources                    sound is not discussed further here.
                                              should be. The substrate and depth of                   would likely be within the audible
                                                                                                      range of marine mammals present in the                Stress Responses
                                              the habitat affect the sound propagation
                                              properties of the environment. In                       project area. Impact pile driving activity               An animal’s perception of a threat
                                              addition, substrates that are soft (e.g.,               is relatively short-term, with rapid                  may be sufficient to trigger stress
                                              sand) would absorb or attenuate the                     impulsive sounds occurring for                        responses consisting of some
                                              sound more readily than hard substrates                 approximately 20 minutes per pile in                  combination of behavioral responses,
                                              (e.g., rock), which may reflect the                     this project. The probability for impact              autonomic nervous system responses,
                                              acoustic wave.                                          pile driving resulting from this                      neuroendocrine responses, or immune
                                                 Responses to continuous sound, such                  proposed action masking acoustic                      responses (e.g., Seyle 1950; Moberg
                                              as vibratory pile installation or down                  signals important to the behavior and                 2000). In many cases, an animal’s first
                                              the hole drilling, have not been                        survival of marine mammal species is                  and sometimes most economical (in
                                              documented as well as responses to                      low and if it occurred, it would be for               terms of energetic costs) response is
                                              impulsive sounds. With both types of                    a short duration. Vibratory pile driving              behavioral avoidance of the potential
                                              pile driving, it is likely that the onset of            is also relatively short-term, with rapid             stressor. Autonomic nervous system
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                                              pile driving could result in temporary,                 oscillations occurring for approximately              responses to stress typically involve
                                              short-term changes in an animal’s                       20 minutes per pile in this project. It is            changes in heart rate, blood pressure,
                                              typical behavior and/or avoidance of the                possible that vibratory pile driving                  and gastrointestinal activity. These
                                              affected area. These behavioral changes                 resulting from this proposed action may               responses have a relatively short
                                              may include, based on more general                      mask acoustic signals important to the                duration and may or may not have a
                                              observations of behavioral responses to                 behavior and survival of marine                       significant long-term effect on an
                                              sound exposure (Richardson et al.,                      mammal species, but the short-term                    animal’s fitness.


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                                              42476                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                                 Neuroendocrine stress responses often                negative impacts to habitats used                     expected to be minor and temporary due
                                              involve the hypothalamus-pituitary-                     directly by marine mammals, but may                   to the short timeframe (15 days) for the
                                              adrenal system. Virtually all                           have potential short-term impacts to                  project.
                                              neuroendocrine functions that are                       food sources such as forage fish and
                                                                                                                                                            Pile Driving Effects on Potential
                                              affected by stress—including immune                     may affect acoustic habitat (see masking
                                                                                                                                                            Foraging Habitat
                                              competence, reproduction, metabolism,                   discussion above). There are no known
                                              and behavior—are regulated by pituitary                 foraging hotspots or other ocean bottom                  The area likely impacted by the
                                              hormones. Stress-induced changes in                     structure of significant biological                   project is relatively small compared to
                                              the secretion of pituitary hormones have                importance to marine mammals present                  the available habitat in the Mission Bay/
                                              been implicated in failed reproduction,                 in the marine waters of the project area              Central Waterfront area of San Francisco
                                              altered metabolism, reduced immune                      during the construction window. The                   Bay. Avoidance by potential prey (i.e.,
                                              competence, and behavioral disturbance                  project area is located in an industrial              fish) of the immediate area due to the
                                              (e.g., Moberg 1987; Blecha 2000).                       and commercial shipping port.                         temporary loss of this foraging habitat is
                                              Increases in the circulation of                         Therefore, the main impact issue                      also possible. The duration of fish
                                              glucocorticoids are also equated with                   associated with the proposed activity                 avoidance of this area after pile driving
                                              stress (Romano et al., 2004).                           would be temporarily elevated sound                   stops is unknown, but a rapid return to
                                                 The primary distinction between                      levels and the associated direct effects              normal recruitment, distribution and
                                              stress (which is adaptive and does not                  on marine mammals, as discussed                       behavior is anticipated. Any behavioral
                                              normally place an animal at risk) and                   previously in this document. The                      avoidance by fish of the disturbed area
                                              ‘‘distress’’ is the cost of the response.               primary potential acoustic impacts to                 would still leave significantly large
                                              During a stress response, an animal uses                marine mammal habitat are associated                  areas of fish and marine mammal
                                              glycogen stores that can be quickly                     with elevated sound levels produced by                foraging habitat in the nearby vicinity of
                                              replenished once the stress is alleviated.              vibratory and impact pile driving,                    the MBFL and WTL on San Francisco
                                              In such circumstances, the cost of the                  drilling, and sediment removal in the                 Bay.
                                              stress response would not pose serious                  area. However, other potential impacts                   The duration of the construction
                                              fitness consequences. However, when                     to the surrounding habitat from physical              activities, including pile driving and
                                              an animal does not have sufficient                      disturbance are also possible, although               dredging is relatively short, estimated at
                                              energy reserves to satisfy the energetic                this will be minimal since construction               55 days. The construction window for
                                              costs of a stress response, energy                      is occurring in an already industrial and             pile driving and drilling is a maximum
                                              resources must be diverted from other                   commercial shipping area.                             of 15 days and each day, activities
                                              functions. This state of distress will last                                                                   would only occur for a few hours during
                                              until the animal replenishes its                        In-Water Construction Effects on                      the day. Impacts to habitat and prey are
                                              energetic reserves sufficient to restore                Potential Prey (Fish)                                 expected to be minimal based on the
                                              normal function.                                           Construction activities would produce              short duration of activities.
                                                 Relationships between these                          continuous (i.e., vibratory pile driving,                In summary, given the short daily
                                              physiological mechanisms, animal                        drilling) and impulsive (i.e., impact                 duration of sound associated with
                                              behavior, and the costs of stress                       driving) sounds. Fish react to sounds                 individual pile driving and removal
                                              responses are well studied through                      that are especially strong and/or                     events and the relatively small areas
                                              controlled experiments and for both                     intermittent low-frequency sounds.                    being affected, pile driving and pile
                                              laboratory and free-ranging animals                     Short duration, sharp sounds can cause                removal activities associated with the
                                              (e.g., Holberton et al., 1996; Hood et al.,             overt or subtle changes in fish behavior              proposed action are not likely to have a
                                              1998; Jessop et al., 2003; Krausman et                  and local distribution. Hastings and                  permanent, adverse effect on any fish
                                              al., 2004; Lankford et al., 2005). Stress               Popper (2005) identified several studies              habitat, or populations of fish species.
                                              responses due to exposure to                            that suggest fish may relocate to avoid               Thus, any impacts to marine mammal
                                              anthropogenic sounds or other stressors                 certain areas of sound energy.                        habitat are not expected to cause
                                              and their effects on marine mammals                     Additional studies have documented                    significant or long-term consequences
                                              have also been reviewed (Fair and                       effects of pile driving on fish, although             for individual marine mammals or their
                                              Becker 2000; Romano et al., 2002b) and,                 several are based on studies in support               populations.
                                              more rarely, studied in wild populations                of large, multiyear bridge construction
                                              (e.g., Romano et al., 2002a). For                       projects (e.g., Scholik and Yan 2001,                 Estimated Take
                                              example, Rolland et al. (2012) found                    2002; Popper and Hastings 2009). Sound                   This section provides an estimate of
                                              that noise reduction from reduced ship                  impulsive sounds at received levels of                the number of incidental takes proposed
                                              traffic in the Bay of Fundy was                         160 dB may cause subtle changes in fish               for authorization through this IHA,
                                              associated with decreased stress in                     behavior. SPLs of 180 dB may cause                    which will inform both NMFS’
                                              North Atlantic right whales. These and                  noticeable changes in behavior (Pearson               consideration of ‘‘small numbers’’ and
                                              other studies lead to a reasonable                      et al., 1992; Skalski et al., 1992). SPLs             the negligible impact determination.
                                              expectation that some marine mammals                    of sufficient strength have been known                   Harassment is the only type of take
                                              will experience physiological stress                    to cause injury to fish and fish                      expected to result from these activities.
                                              responses upon exposure to acoustic                     mortality.                                            Except with respect to certain activities
                                              stressors and that it is possible that                     The most likely impact to fish from                not pertinent here, section 3(18) of the
                                              some of these would be classified as                    pile driving and pile removal activities              MMPA defines ‘‘harassment’’ as: any act
                                              ‘‘distress.’’ In addition, any animal                   at the Port’s project area would be                   of pursuit, torment, or annoyance which
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                                              experiencing TTS would likely also                      temporary behavioral avoidance of the                 (i) has the potential to injure a marine
                                              experience stress responses (NRC,                       area. The duration of fish avoidance of               mammal or marine mammal stock in the
                                              2003).                                                  this area after pile driving stops is                 wild (Level A harassment); or (ii) has
                                                                                                      unknown, but a rapid return to normal                 the potential to disturb a marine
                                              Anticipated Effects on Habitat                          recruitment, distribution and behavior                mammal or marine mammal stock in the
                                                The proposed activities at the project                is anticipated. In general, impacts to                wild by causing disruption of behavioral
                                              area would not result in permanent                      marine mammal prey species are                        patterns, including, but not limited to,


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                           42477

                                              migration, breathing, nursing, breeding,                describe these components in more                     for continuous (e.g. vibratory pile-
                                              feeding, or sheltering (Level B                         detail and present the proposed take                  driving, drilling) and above 160 dB re 1
                                              harassment).                                            estimate.                                             mPa (rms) for non-explosive impulsive
                                                 Authorized takes would be by Level B                                                                       (e.g., impact pile driving) sources.
                                              harassment only, in the form of                         Acoustic Thresholds
                                                                                                        Using the best available science,                      The Port of San Francisco’s proposed
                                              disruption of behavioral patterns for
                                                                                                      NMFS has developed acoustic                           activity includes the use of continuous
                                              individual marine mammals resulting
                                              from exposure to acoustic sources.                      thresholds that identify the received                 (vibratory pile driving, down the hole
                                              Based on the nature of the activity and                 level of underwater sound above which                 drilling) and impulsive (impact pile
                                              the anticipated effectiveness of the                    exposed marine mammals would be                       driving) sources, and therefore the 120
                                              mitigation measures (i.e., use of a                     reasonably expected to be behaviorally                and 160 dB re 1 mPa (rms) thresholds are
                                              bubble curtain, wood cushion, and                       harassed (equated to Level B                          applicable.
                                              shutdown—discussed in detail below in                   harassment) or to incur PTS of some                      Level A harassment for non-explosive
                                              the Proposed Mitigation section), Level                 degree (equated to Level A harassment).               sources—NMFS’ Technical Guidance
                                              A harassment is neither anticipated nor                   Level B Harassment for non-explosive                for Assessing the Effects of
                                              proposed to be authorized.                              sources—Though significantly driven by                Anthropogenic Sound on Marine
                                                 As described previously, no mortality                received level, the onset of behavioral               Mammal Hearing (Version 2.0) (NMFS,
                                              is anticipated or proposed to be                        disturbance from anthropogenic noise                  2018) identifies dual criteria to assess
                                              authorized for this activity. Below we                  exposure is also informed to varying                  auditory injury (Level A harassment) to
                                              describe how the take is estimated.                     degrees by other factors related to the               five different marine mammal groups
                                                 Generally speaking, we estimate take                 source (e.g., frequency, predictability,              (based on hearing sensitivity) as a result
                                              by considering: (1) Acoustic thresholds                 duty cycle), the environment (e.g.,                   of exposure to noise from two different
                                              above which NMFS believes the best                      bathymetry), and the receiving animals                types of sources (impulsive or non-
                                              available science indicates marine                      (hearing, motivation, experience,                     impulsive). The Port of San Francisco’s
                                              mammals will be behaviorally harassed                   demography, behavioral context) and                   proposed activity includes the use of
                                              or incur some degree of permanent                       can be difficult to predict (Southall et              impulsive (impact pile driving) and
                                              hearing impairment; (2) the area or                     al., 2007, Ellison et al., 2012). Based on            non-impulsive (vibratory pile driving)
                                              volume of water that will be ensonified                 what the available science indicates and              sources.
                                              above these levels in a day; (3) the                    the practical need to use a threshold
                                              density or occurrence of marine                         based on a factor that is both predictable               These thresholds are provided in
                                              mammals within these ensonified areas;                  and measurable for most activities,                   Table 3 below. The references, analysis,
                                              and, (4) and the number of days of                      NMFS uses a generalized acoustic                      and methodology used in the
                                              activities. We note that while these                    threshold based on received level to                  development of the thresholds are
                                              basic factors can contribute to a basic                 estimate the onset of behavioral                      described in NMFS’s 2018 Technical
                                              calculation to provide an initial                       harassment. NMFS predicts that marine                 Guidance, which may be accessed at:
                                              prediction of takes, additional                         mammals are likely to be behaviorally                 https://www.fisheries.noaa.gov/
                                              information that can qualitatively                      harassed in a manner we consider Level                national/marine-mammal-protection/
                                              inform take estimates is also sometimes                 B harassment when exposed to                          marine-mammal-acoustic-technical-
                                              available (e.g., previous monitoring                    underwater anthropogenic noise above                  guidance.
                                              results or average group size). Below, we               received levels of 120 dB re 1 mPa (rms)              BILLING CODE 3510–22–P
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                                              42478                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices




                                              BILLING CODE 3510–22–C                                                                                        place 24-inch octagonal concrete piles,
                                                                                                      30-inch, and 16-inch steel piles and 14-
                                              Ensonified Area                                         inch steel H piles, the Port of San                   an SPL of 168 dB was used,
                                                                                                      Francisco used SPLs of 170 dB re 1 mPa                corresponding to the mean SPL reported
                                                Here, we describe operational and
                                                                                                      rms, 170 dB re 1 mPa rms, 158 dB re 1                 in Table 72 of the Alaska Department of
                                              environmental parameters of the activity
                                                                                                      mPa rms, and 158 dB re 1 mPa rms,                     Transportation (2016) hydroacoustic
                                              that will feed into identifying the area
                                                                                                      respectively. These were derived from                 report.
                                              ensonified above the acoustic
                                              thresholds, which include source levels                 vibratory pile driving data of 36-inch                   For impact pile driving, the Port of
                                              and transmission loss coefficients.                     (for 36-inch and 30-inch steel piles), 18-            San Francisco used both SPLs and
                                                Reference sound source levels used by                 inch (for 16-inch steel piles) and 14-                Sound Exposure Levels (SEL) derived
                                              the Port of San Francisco for all                       inch (for 14-inch steel H-pile) steel piles           from summary source level values
                                              vibratory and impact piling/removal                     reported in the values listed in Table                reported in Caltrans (2015). These
                                              and drilling activities were derived from               1.2–2 and Table 1.2.3 of Caltrans (2015),             source levels were then reduced by 7 dB
                                              source level data from construction                     and Table 6–1 of Navy (2017). For                     due to the Port of San Francisco’s use
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                                              projects within Caltrans (2015) except                  vibratory pile removal, the Port of San               of a bubble curtain. NMFS used a
                                              for two cases noted below where Navy                    Francisco used an SPL of 155 dB re 1                  reduction value of 7 dB as it was
                                              and Alaska Department of                                mPa rms. This proxy source level was                  roughly the average sound reduction
                                              Transportation sources were used. To                    derived from vibratory pile driving data              value derived from sound
                                              determine the ensonified areas for both                 of 12-inch steel pipe piles in Caltrans               measurements of piles that used bubble
                                              the Level A and Level B harassment                      (2015; Table 1.2–2). In addition, for                 curtains within Caltrans (2015). For
                                                                                                                                                                                                      EN22AU18.000</GPH>




                                              zones for vibratory piling of the 36-inch,              down the hole drilling activities used to             piling of 36-inch steel piles, a source


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                                                                                 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                                                            42479

                                              level of 183 dB SEL was chosen as a                                     Level B Harassment Zones                                                 with depth as the receiver moves away
                                              proxy value for modeling Level A                                           The practical spreading model was                                     from the shoreline, resulting in an
                                              harassment zones (Caltrans 2015, Table                                  used by the Port of San Francisco to                                     expected propagation environment that
                                              1.2–1). This source level was reduced to                                generate the Level B harassment zones                                    would lie between spherical and
                                              176 dB SEL with the 7 dB reduction. For                                 for all piling/removal activities.                                       cylindrical spreading loss conditions.
                                              piling of 20-inch concrete piles, a source                              Practical spreading is described in full                                    Utilizing the practical spreading loss
                                              level of 167 dB SEL was chosen as a                                     detail below.
                                              proxy value for modeling Level A                                                                                                                 model, the Port of San Francisco
                                                                                                                         Pile driving and drilling generates                                   determined underwater noise will fall
                                              harassment zones (Caltrans 2015, Table                                  underwater noise that can potentially
                                              1.5–4, reported from 24-inch concrete                                                                                                            below the behavioral effects threshold of
                                                                                                                      result in disturbance to marine                                          120 dB rms for marine mammals at a
                                              pile measurements at a project in the                                   mammals in the project area.
                                              Port of Oakland). This source level was                                                                                                          maximum radial distance of 21,544
                                                                                                                      Transmission loss (TL) is the decrease                                   meters for vibratory piling and drilling
                                              selected as a proxy because of the
                                                                                                                      in acoustic intensity as an acoustic                                     (36 and 30-inch steel piles; drilling for
                                              proximity of the Port of Oakland project
                                                                                                                      pressure wave propagates out from a
                                              to the proposed work and is more                                                                                                                 24-inch octagonal concrete pile). The
                                                                                                                      source. TL parameters vary with
                                              conservative than Caltrans (2015)                                                                                                                maximum Level B harassment zone for
                                                                                                                      frequency, temperature, sea conditions,
                                              summary value reported in Table 1.2–1.                                                                                                           this activity will therefore be set at
                                                                                                                      current, source and receiver depth,
                                              This source level was reduced to 160 dB                                                                                                          21,544 meters. However, previous
                                                                                                                      water depth, water chemistry, and
                                              SEL with the 7 dB reduction. In                                                                                                                  sound monitoring for other projects in
                                                                                                                      bottom composition and topography.
                                              addition, for impact piling of 16-inch                                                                                                           San Francisco Bay (i.e. Caltrans 2015;
                                                                                                                      The general formula for underwater TL
                                              steel piles, a source level of 158 dB SEL                                                                                                        2016) have shown background sound
                                                                                                                      is:
                                              was chosen as a proxy value for                                                                                                                  levels in the active portions of the Bay,
                                              modeling Level A harassment zones                                       TL = B * log10 (R1/R2),
                                                                                                                                                                                               near the project area, to range from 110
                                              (Joaquin River Project; Caltrans 2015,                                  Where:                                                                   to 140 dB rms, with typical background
                                              Table 1.2–3). This source level was                                     R1 = the distance of the modeled SPL from                                levels in the range of 110 to 120 dB rms.
                                              reduced to 151 dB SEL with the 7 dB                                         the driven pile, and
                                                                                                                                                                                               This ambient noise may affect the
                                              reduction. The stated source levels and                                 R2 = the distance from the driven pile of the
                                                                                                                          initial measurement.                                                 ability to distinguish sound from
                                              their corresponding activity are
                                                                                                                                                                                               vibratory pile driving in the region
                                              presented in Table 4 below.                                             This formula neglects loss due to                                        (Rodkin, 2009), but direct applicability
                                                                                                                      scattering and absorption, which is                                      of that finding to the Port’s work is
                                                TABLE 4—PROJECT SOURCE LEVELS                                         assumed to be zero here. The degree to                                   unknown, and therefore no reduction in
                                                                                                                      which underwater sound propagates
                                                                                               Source level                                                                                    Level B harassment zone is applied. The
                                                              Activity                         at 10 meters           away from a sound source is dependent
                                                                                                   (dB)                                                                                        maximum radial distance of the Level B
                                                                                                                      on a variety of factors, most notably the
                                                                                                                      water bathymetry and presence or                                         harassment zone for impact pile driving
                                                           Vibratory Pile Driving/Removal                                                                                                      equaled 541.2 meters (impact driving
                                                                                                                      absence of reflective or absorptive
                                              36-inch steel pile installation ......       170 SPL                    conditions including in-water structures                                 36-inch steel piles). At this radial
                                              30-inch steel pile installation              170 SPL                    and sediments. Spherical spreading                                       distance, the entire Level B harassment
                                                (Caisson).                                                                                                                                     zone for impact piling equaled 0.3699
                                              14-inch steel H pile installation ..         158 SPL                    occurs in a perfectly unobstructed (free-
                                              Removal of pre-existing piles .....          155 SPL                    field) environment not limited by depth                                  km2. This ensonified area is based on a
                                              16-inch steel pile installation ......       158 SPL                    or water surface, resulting in a 6 dB                                    GIS map of the area accounting for
                                                                                                                      reduction in sound level for each                                        structures and landmasses which would
                                                                  Impact Pile Driving *
                                                                                                                      doubling of distance from the source (20                                 block sound spreading (Please see
                                              36-inch steel pile installation ......       176 SEL/186 SPL            * log[range]). Cylindrical spreading                                     Figure 9 of the Application). Table 5
                                              20-inch concrete pile installation           160 SEL/172 SPL
                                              16-inch steel pile installation ......       151 SEL/177 SPL
                                                                                                                      occurs in an environment in which                                        below provides all Level B radial
                                                                                                                      sound propagation is bounded by the                                      distances and their corresponding areas
                                                                Down the Hole Drilling                                water surface and sea bottom, resulting                                  for each activity during the Port of San
                                              24-inch Octagonal Concrete                   168 SPL
                                                                                                                      in a reduction of 3 dB in sound level for                                Francisco’s project. Level B harassment
                                                (drilling of 30-inch hole).                                           each doubling of distance from the                                       zone areas are calculated using a GIS
                                                                                                                      source (10 * log[range]). A practical                                    map (See Figure 9 of the Application).
                                                * The values in the cells reflect a 7dB reduction
                                              due to the Port of San Francisco’s use of a bubble                      spreading value of 15 is often used
                                              curtain.                                                                under conditions where water increases

                                                                   TABLE 5—LEVEL B HARASSMENT ZONES CALCULATED USING THE PRACTICAL SPREADING MODEL
                                                                                                                                                                                                                                     Level B
                                                                                                                                                                                                                    Calculated     harassment
                                                                                                                                                                                                                    distance to        zone
                                                                                                                          Source                                                                                       Level B       (square
                                                                                                                                                                                                                     threshold      kilometers
                                                                                                                                                                                                                      (meters)          km2)
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                                                                                                                                        Vibratory Pile Driving

                                              36-inch steel pile installation ...................................................................................................................................         21,544       47.1608
                                              30-inch steel pile installation ...................................................................................................................................         21,544       47.1608
                                              16-inch steel pile installation ...................................................................................................................................         21,544       47.1608
                                              14-inch steel H pile installation ................................................................................................................................           3,415        7.6431
                                              Removal of pre-existing concrete and wood piles ..................................................................................................                           2,154        3.1511




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                                              42480                                       Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                                         TABLE 5—LEVEL B HARASSMENT ZONES CALCULATED USING THE PRACTICAL SPREADING MODEL—Continued
                                                                                                                                                                                                                                                                                                             Level B
                                                                                                                                                                                                                                                                         Calculated                        harassment
                                                                                                                                                                                                                                                                         distance to                           zone
                                                                                                                                             Source                                                                                                                         Level B                          (square
                                                                                                                                                                                                                                                                          threshold                         kilometers
                                                                                                                                                                                                                                                                           (meters)                             km2)

                                                                                                                                                                  Impact Pile Driving

                                              36-inch steel pile installation ...................................................................................................................................                                                                      541.2                      0.36993
                                              20-inch concrete pile installation .............................................................................................................................                                                                          63.1                     0.006650
                                              16-inch steel pile installation ...................................................................................................................................                                                                       215                      0.074044

                                                                                                                                                              Down the Hole Drilling

                                                                                                                                                                                                                                                                                     21,544                          47.1608



                                              Level A Harassment Zones                                                                  methods used for these tools, we                                                               sources (i.e. pile driving), NMFS’s User
                                                When the NMFS Technical Guidance                                                        anticipate that isopleths produced are                                                         Spreadsheet predicts the closest
                                              (2016) was published, in recognition of                                                   typically going to be overestimates of                                                         distance at which, if a marine mammal
                                              the fact that the ensonified area could be                                                some degree, which will result in some                                                         remained at that distance the whole
                                              more technically challenging to predict                                                   overestimate of Level A harassment.                                                            duration of the activity, it would not
                                              because of the duration component in                                                      However, these tools offer the best way                                                        incur PTS. Inputs used in the User
                                              the new thresholds, we developed a                                                        to predict appropriate isopleths when                                                          Spreadsheet, and the resulting isopleths
                                              User Spreadsheet that includes tools to                                                   more sophisticated 3D modeling                                                                 are reported below. Daily ensonified
                                              help predict a simple isopleth that can                                                   methods are not available, and NMFS                                                            areas for Level A harassment are
                                              be used in conjunction with marine                                                        continues to develop ways to                                                                   approximated as a semi-circle because
                                              mammal density or occurrence to help                                                      quantitatively refine these tools, and                                                         the pile driving and drilling are
                                              predict takes. We note that because of                                                    will qualitatively address the output                                                          occurring close to shore and the
                                              some of the assumptions included in the                                                   where appropriate. For stationary                                                              coastline is approximately linear.
                                                                                                          TABLE 6—PARAMETERS OF PILE DRIVING AND DRILLING ACTIVITY
                                                                                               Vibratory                Vibratory                Vibratory                Vibratory                Vibratory                                                                                                        Drilling
                                                                                                                                                                                                                              Impact                      Impact                        Impact
                                                                                              pile driver              pile driver              pile driver              pile driver              pile driver                                                                                                      (24-inch
                                                                                                                                                                                                                            pile driver                 pile driver                   pile driver
                                                        Equipment type                       (removal of              (installation            (installation            (installation            (installation                                                                                                    octagonal
                                                                                                                                                                                                                             (36-inch                    (20-inch                      (16-inch
                                                                                            concrete and               of 36-inch               of 30-inch               of 16-inch               of 14-inch                                                                                                      concrete
                                                                                                                                                                                                                            steel piles)              concrete piles)                 steel piles)
                                                                                             wood piles)              steel piles)             steel piles)             steel piles)            steel H piles)                                                                                                       pile)

                                              Spreadsheet Tab Used ............            Non-impulsive,           Non-impulsive,           Non-impulsive,           Non-impulsive,           Non-impulsive,           Impulsive, Non-              Impulsive, Non-              Impulsive, Non-              Non-impulsive,
                                                                                             continuous.              continuous.              continuous.              continuous.              continuous.              continuous.                  continuous.                  continuous.                   continuous.
                                              Source Level ............................    155 SPL .........        170 SPL .........        170 SPL .........        158 SPL .........        158 SPL .........        176 SEL ............         160 SEL ............         151 SEL ............         168 SPL.
                                              Weighting Factor Adjustment                  2.5 ..................   2.5 ..................   2.5 ..................   2.5 ..................   2.5 ..................   2 ........................   2 ........................   2 ........................   2.
                                                (kHz).
                                              (a) Activity duration (hours)                (a) 0.4 ............     (a) 0.33 ..........      (a) 0.25 ..........      (a) .33 ............     (a) 0.33 ..........      (b) 150, (c) 4 ....          (b) 500, (c) 4 ....          (b) 500, (c) 2 ....          (a) 6.
                                                within 24 hours, (b) Number
                                                of strikes per pile, (c) Num-
                                                ber of piles per day.
                                              Propagation (xLogR) ................         15 ...................   15 ...................   15 ...................   15 ...................   15 ...................   15 ......................    15 ......................    15 ......................    15.
                                              Distance of source level meas-               10 ...................   10 ...................   10 ...................   10 ...................   10 ...................   10 ......................    10 ......................    10 ......................    10.
                                                urement (meters)+.



                                                              TABLE 7—LEVEL A HARASSMENT ZONE ISOPLETH AND ENSONIFIED AREA FOR PILE DRIVING AND DRILLING
                                                                                                                                                                                                                                                     PTS isopleth
                                                                                                                                                                                                                                                       (meters)
                                                                                                        Source type                                                                                   Low-                       Mid-                       High-                     Phocid                      Otariid
                                                                                                                                                                                                   frequency                  frequency                  frequency                   pinnipeds                  pinnipeds
                                                                                                                                                                                                   cetaceans                  cetaceans                  cetaceans

                                              Vibratory Pile Driver (Removal of concrete and wood piles) ............................                                                                          1.5                           0.1                      2.2                        0.9                      0.1
                                              Vibratory Pile Driver (Installation of 36-inch steel piles) ...................................                                                                 13.1                           1.2                     19.3                        7.9                      0.6
                                              Vibratory Pile Driver (Installation of 30-inch steel piles) ...................................                                                                 10.8                           1.0                     16.0                        6.6                      0.5
                                              Vibratory Pile Driver (Installation of 14-inch steel H piles) ................................                                                                   2.1                           0.2                      3.0                        1.3                      0.1
                                              Vibratory Pile Driver (Installation of 16-inch steel H piles) ................................                                                                   2.1                           0.2                      3.0                        1.3                      0.1
                                              Impact Pile Driver (36-inch steel piles) ..............................................................                                                        242.6                           8.6                    288.9                      129.8                      9.5
                                              Impact Pile Driver (20-inch concrete piles) .......................................................                                                             46.4                           1.7                     55.3                       24.8                      1.8
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                                              Impact Pile Driver (16-inch steel piles) ..............................................................                                                          7.3                           0.3                      8.8                        3.9                      0.3
                                              Drilling (24-inch octagonal concrete pile) ..........................................................                                                            6.3                           0.4                      5.5                        3.4                      0.2

                                                                                                                                                          Daily ensonified area (m2)

                                              Vibratory Pile Driver (Removal of concrete and wood piles) ............................                                                                             3.5                      0.02                         7.6                         1.3                 0.02
                                              Vibratory Pile Driver (Installation of 36-inch steel piles) ...................................                                                                    270                        2.3                        585                          98                   0.6
                                              Vibratory Pile Driver (Installation of 30-inch steel piles) ...................................                                                                    183                        1.6                        402                          68                   0.4



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                                                                              Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                                         42481

                                                TABLE 7—LEVEL A HARASSMENT ZONE ISOPLETH AND ENSONIFIED AREA FOR PILE DRIVING AND DRILLING—Continued
                                                                                                                                                                                    PTS isopleth
                                                                                                                                                                                      (meters)
                                                                                         Source type                                                       Low-         Mid-            High-       Phocid       Otariid
                                                                                                                                                        frequency    frequency       frequency     pinnipeds   pinnipeds
                                                                                                                                                        cetaceans    cetaceans       cetaceans

                                              Vibratory Pile Driver (Installation of 14-inch steel H piles) ................................                   6.9           0.06           14           2.7         0.02
                                              Vibratory Pile Driver (Installation of 16-inch steel H piles) ................................                   6.9           0.06           14           2.7         0.02
                                              Impact Pile Driver (36-inch steel piles) ..............................................................       92450            120        131100        26460          140
                                              Impact Pile Driver (20-inch concrete piles) .......................................................            3380             4.5         4800          966           5.1
                                              Impact Pile Driver (16-inch steel piles) ..............................................................          84             0.1          120           24           0.1
                                              Drilling (24-inch octagonal concrete pile) ..........................................................            62             0.3           48           18          0.06



                                              Marine Mammal Occurrence                                         estimate was calculated using the 2017                       living and two dead gray whales in the
                                                 In this section we provide the                                data, which may better reflect the                           surveys performed in 2012. All sightings
                                              information about the presence, density,                         current use of the project area by these                     were in either the Central or North Bay,
                                              or group dynamics of marine mammals                              animals. These observations included                         and all but two sightings occurred
                                              that will inform the take calculations.                          data from baseline, pre-, during, and                        during the months of April and May.
                                                 No systematic line transect surveys of                        post-pile driving, mechanical                                One gray whale was sighted in June and
                                              marine mammals have been performed                               dismantling, on-shore blasting, and off-                     one in October. The Oceanic Society has
                                              in San Francisco Bay. Therefore, the in-                         shore implosion activities.                                  tracked gray whale sightings since they
                                              water densities of harbor seals,                                    Insufficient sighting data exist to                       began returning to San Francisco Bay
                                              California sea lions, and harbor                                 estimate the density of bottlenose                           regularly in the late 1990s. Most
                                              porpoises were calculated based on 17                            dolphins. However, a single bottlenose                       sightings occurred just a mile or two
                                              years of observations during monitoring                          dolphin has been observed regularly                          inside of the Golden Gate, with some
                                              for the San Francisco Bay-Oakland Bay                            near the project site. One individual was                    traveling into San Pablo Bay in the
                                              Bridge (SFOBB) construction and                                  documented regularly, through photo                          northern part of the San Francisco Bay
                                              demolition project (Caltrans 2018). Care                         ID, over several months off the coast of                     (Self 2012). The Oceanic Society data
                                              was taken to eliminate multiple                                  the former Alameda Air Station                               show that all age classes of gray whales
                                              observations of the same animal,                                 (Perlman 2017).                                              enter San Francisco Bay and they enter
                                              although this can be difficult and is                               Insufficient sighting data exist to                       as singles or in groups of up to five
                                              likely that the same individual may                              estimate elephant seal densities in the                      individuals (Winning 2008). It is
                                              have been counted multiple times on                              Bay. Generally, only juvenile elephant                       estimated that two to six gray whales
                                              the same day. The amount of monitoring                           seals enter the Bay and do not remain                        enter San Francisco Bay in any given
                                              performed per year varied, depending                             long. The most recent sighting near the                      year.
                                              on the frequency and duration of                                 project area was in 2012, on the beach                          Numbers used for density calculations
                                              construction activities with the                                 at Clipper Cove on Treasure Island,                          are shown in Table 8. These numbers
                                              potential to affect marine mammals.                              when a healthy yearling elephant seal                        were calculated from observations in
                                              During the 257 days of monitoring from                           hauled out for approximately 1 day.                          nearby waters of the San Francisco Bay
                                              2000 through 2017 (including 15 days of                          Approximately 100 juvenile northern                          during San Francisco-Oakland Bay
                                              baseline monitoring in 2003), 1,029                              elephant seals strand in or near the Bay                     Bridge construction conducted by
                                              harbor seals, 83 California sea lions, and                       each year, including individual                              Caltrans (Caltrans 2018). These
                                              24 harbor porpoises were observed in                             strandings at YBI and Treasure Island                        observations occurred from 2000 to
                                              waters in the project vicinity in total. In                      (less than 10 strandings per year).                          2017 in a 2 km2 monitoring zone for
                                              2015, 2016, and 2017, the number of                                 In addition, insufficient sighting data                   California sea lions, from 2015–2017 in
                                              harbor seals in the project area                                 exist to estimate northern fur seal and                      a 2 km2 monitoring zone for harbor
                                              increased significantly. In 2017, the                            gray whale densities in the Bay. Only                        seals, and in 2017 in a 15 km2 zone for
                                              number of harbor porpoise in the project                         two to four northern fur seals strand in                     harbor porpoise. In the cases where
                                              area also increased significantly.                               the Bay each year, and they are unlikely                     densities were refined to capture a
                                              Therefore, a harbor seal density estimate                        to occur in the project area. Also, during                   narrower range of years to be
                                              was calculated using the 2015–2017                               the Caltrans Richmond-San Rafael                             conservative, bold densities were used
                                              data, and a harbor porpoise density                              Bridge project, monitors recorded 12                         for take calculations.

                                                             TABLE 8—ESTIMATED IN-WATER DENSITY OF MARINE MAMMAL SPECIES IN SAN FRANCISCO BAY AREA
                                                                                                                                    [Caltrans 2017]

                                                                                                                  Area of                                   Number of
                                                                                                                 monitoring              Days of                                                Density
                                                                Species observed                                                                             animals                          animals/km2
                                                                                                                   zone                 monitoring
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                                                                                                                                                            observed
                                                                                                                   (km2)

                                              Harbor Seals 2000–2017 ................................                           2                   257              1029    2.002.
                                              Harbor Seals 2015–2017 ................................                           2                    47               372    3.957.
                                              California Sea Lions 2000–2017 ....................                               2                   257                83    0.161.
                                              Bottlenose Dolphins 2017 ...............................                          2                     6                 2    Insufficient sighting data exists to estimate
                                                                                                                                                                               density.
                                              Harbor Porpoise 2000–2017 ...........................                             3                   257               24     0.031.



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                                              42482                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                                  TABLE 8—ESTIMATED IN-WATER DENSITY OF MARINE MAMMAL SPECIES IN SAN FRANCISCO BAY AREA—Continued
                                                                                                                                         [Caltrans 2017]

                                                                                                                    Area of                                        Number of
                                                                                                                   monitoring                 Days of                                                 Density
                                                               Species observed                                                                                     animals                         animals/km2
                                                                                                                     zone                    monitoring            observed
                                                                                                                     (km2)

                                              Harbor Porpoise 2017 .....................................                          15                           6             15     0.167.
                                              Elephant Seal 2000–2017 ..............................                               2                         257              0     Insufficient sighting data exists to estimate
                                                                                                                                                                                      density.
                                              Northern Fur Seal 2000–2017 ........................                                  2                        257               0    Insufficient sighting data exists to estimate
                                                                                                                                                                                      density.
                                              Gray Whale 2000–2017 ..................................                               2                        257               0    Insufficient sighting data exists to estimate
                                                                                                                                                                                      density.
                                                Notes:
                                                Densities for Pacific harbor seals, California sea lions, and harbor porpoises are based on monitoring for the east span of the SFOBB from
                                              2000 to 2017.
                                                A second set of Pacific harbor seal densities were calculated from the increase in sightings recorded from 2015 to 2017.
                                                A second set of harbor porpoise densities were calculated for the increase in sightings that were recorded in 2017.
                                                Bold densities were used for take calculations.
                                                Sources: CalTrans 2001, 2004b, 2013b, 2013c, 2014, 2015b, 2016, 2017; Perlman 2017.


                                                 For species without enough sightings                            Take Calculation and Estimation                                   was only available for harbor seals,
                                              to construct a density estimate, we used                                                                                             harbor porpoises, and California sea
                                              information based on group size and                                  Here we describe how the information                            lions, these were the only species whose
                                              frequency of sightings from previous                               provided above is brought together to                             take was calculated used this
                                                                                                                 produce a quantitative take estimate.                             methodology. Table 9 shows the number
                                              years of work to inform the number of
                                              animals estimated to be taken, which is                              When density data was available,                                of take calculated for species with
                                              detailed in the Take Estimation section                            Level B take for the project was                                  density and without density estimates.
                                              below.                                                             calculated by multiplying the density                             For species without density
                                                                                                                 times the largest Level B harassment                              information, information on average
                                                                                                                 zone (km2) times the number of                                    group size of the species was used. This
                                                                                                                 construction days. Since density data                             is discussed below Table 9.

                                                                                     TABLE 9—TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE
                                                                                                                                                                 Level B                           Proposed
                                                                                                              Density                                          harassment      Construction                        Percentage
                                                           Species                                                                                                                                  Level B
                                                                                                            animals/km2                                           zone           days 2                             of stock
                                                                                                                                                                                                     take
                                                                                                                                                                 (km2) 1

                                              Harbor Seal .....................   3.957 ..................................................................         47.1608                  15            2928                9.5
                                              California Sea Lions ........       0.161 ..................................................................         47.1608                  15             120             0.040
                                              Harbor Porpoise ..............      0.167 ..................................................................         47.1608                  15             124                1.3
                                              Northern Elephant Seal ..           Insufficient sighting data exists to estimate den-                               47.1608                  15               1            0.0006
                                                                                    sity.
                                              Northern Fur Seal ...........       Insufficient sighting data exists to estimate den-                               47.1608                  15                 1          0.0002
                                                                                    sity.
                                              Gray Whale .....................    Insufficient sighting data exists to estimate den-                               47.1608                  15                 3           0.014
                                                                                    sity.
                                              Bottlenose Dolphin ..........       Insufficient sighting data exists to estimate den-                               47.1608                  15                15             3.3
                                                                                    sity.
                                                 1 Represents    area of largest Level B zone during pile driving/removal and drilling activities.
                                                 2 Total   construction days for pile driving/removal and drilling.


                                              Gray Whale                                                         Francisco Bay during the work period,                             (GGCR 2016, 2017; Perlman 2017) and
                                                                                                                 and therefore it is conservatively                                one individual has been observed near
                                                 Gray whales occasionally enter San
                                                                                                                 estimated that, at most, 3 gray whales,                           Alameda (GGCR 2016). Observations of
                                              Francisco Bay during their northward
                                                                                                                 or one average sized group, may be                                bottlenose dolphins are primarily west
                                              migration period of February and
                                                                                                                 exposed to Level B harassment during                              of Treasure Island and concentrated
                                              March. Pile driving and drilling are not
                                                                                                                 the 15 days of pile driving/drilling.                             along the nearshore areas of San
                                              proposed to occur during this time and
                                              gray whales are not likely to be present                                                                                             Francisco south to Redwood City
                                                                                                                 Bottlenose Dolphin
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                                              at other times of the year. It is estimated                                                                                          (Caltrans 2018). Bottlenose dolphins
                                              that two to six gray whales enter the Bay                             When bottlenose dolphins are present                           rarely occur in San Francisco Bay, but
                                              in any given year, but they are unlikely                           in San Francisco Bay, they are more                               given the size of the Level B harassment
                                              to be present during the work period                               typically found close to the Golden                               zone NMFS is proposing to authorize
                                              (June 1 through November 30).                                      Gate. Recently, beginning in 2015, two                            take of 15 bottlenose dolphins by level
                                              However, individual gray whales have                               individuals have been observed                                    B harassment.
                                              occasionally been observed in San                                  frequently in the vicinity of Oyster Point


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                           42483

                                              Northern Fur Seal                                       of equipment, methods, and manner of                  piling perimeter for the full depth of the
                                                Observations of northern fur seals are                conducting such activity or other means               water column.
                                              too few to establish a density for this                 of effecting the least practicable adverse               • The lowest bubble ring shall be in
                                              species in San Francisco Bay. The                       impact upon the affected species or                   contact with the mudline for the full
                                              Marine Mammal Center (TMMC)                             stocks and their habitat (50 CFR                      circumference of the ring, and the
                                              reported only two to four northern fur                  216.104(a)(11)).                                      weights attached to the bottom ring
                                                                                                         In evaluating how mitigation may or                shall ensure 100 percent mudline
                                              seal strandings in the Bay in 2015 and
                                                                                                      may not be appropriate to ensure the                  contact. No parts of the ring or other
                                              2016 (in Marin, San Francisco, and
                                                                                                      least practicable adverse impact on                   objects shall prevent full mudline
                                              Santa Clara counties) (TMMC 2017). To
                                                                                                      species or stocks and their habitat, as               contact.
                                              account for the possible rare presence of
                                                                                                      well as subsistence uses where
                                              the species in the action area, NMFS
                                                                                                      applicable, we carefully consider two                    • The selected contractor will ensure
                                              proposes to authorize one level B take                                                                        that personnel are trained in the proper
                                                                                                      primary factors:
                                              of northern fur seal.                                      (1) The manner in which, and the                   balancing of air flow to the bubblers and
                                              Northern Elephant Seal                                  degree to which, the successful                       shall require that construction
                                                                                                      implementation of the measure(s) is                   contractors submit an inspection/
                                                Elephant seals breed between                                                                                performance report for approval by the
                                                                                                      expected to reduce impacts to marine
                                              December and March and have been                                                                              Port within 72 hours following the
                                                                                                      mammals, marine mammal species or
                                              rarely cited in San Francisco Bay. It is                                                                      performance test. Corrections to the
                                                                                                      stocks, and their habitat. This considers
                                              anticipated that if an elephant seal is                                                                       attenuation device to meet the
                                                                                                      the nature of the potential adverse
                                              encountered at all during pile driving or                                                                     performance standards shall occur prior
                                                                                                      impact being mitigated (likelihood,
                                              drilling it would be a juvenile. To                     scope, range). It further considers the               to impact driving.
                                              account for the possible rare presence of               likelihood that the measure will be
                                              the species in the action area, NMFS                                                                          Shutdown Zone for In-Water Heavy
                                                                                                      effective if implemented (probability of              Machinery Work
                                              proposed to authorize one level B take                  accomplishing the mitigating result if
                                              of elephant seal.                                       implemented as planned) the likelihood                  For in-water heavy machinery work
                                              Level A Harassment                                      of effective implementation (probability              (using, e.g., standard barges, tug boats,
                                                                                                      implemented as planned); and                          barge-mounted excavators, or clamshell
                                                High frequency cetaceans (including
                                                                                                         (2) The practicability of the measures             equipment used to place or remove
                                              harbor porpoise) have the largest Level                 for applicant implementation, which
                                              A harassment zone resulting from this                                                                         material), a minimum 10 meter
                                                                                                      may consider such things as cost,                     shutdown zone shall be implemented. If
                                              project as shown in Table 7. Estimated                  impact on operations.
                                              take by Level A harassment for harbor                                                                         a marine mammal comes within 10
                                                                                                         In addition to the specific measures               meters of such operations, operations
                                              porpoise, based on density reported in                  described later in this section, the Port
                                              Table 8 and the Level A harassment                                                                            shall cease and vessels shall reduce
                                                                                                      must conduct briefings for construction               speed to the minimum level required to
                                              zone, is less than one individual                       supervisors and crews, the monitoring
                                              (Density * Days * Ensonified Area).                                                                           maintain steerage and safe working
                                                                                                      team, and Port staff prior to the start of            conditions. This type of work could
                                              Given the required mitigation measures,                 all pile driving activity, and when new
                                              including shutdown zones which                                                                                include (but is not limited to) the
                                                                                                      personnel join the work, in order to                  following activities: (1) Vibratory pile
                                              exceed the Level A harassment zone,                     explain responsibilities, communication
                                              NMFS proposes no authorization of                                                                             driving; (2) movement of the barge to
                                                                                                      procedures, the marine mammal                         the pile location; (3) positioning of the
                                              Level A harassment for harbor porpoise                  monitoring protocol, and operational
                                              or any marine mammal.                                                                                         pile on the substrate via a crane (i.e.,
                                                                                                      procedures.                                           stabbing the pile); or (4) removal of the
                                              Proposed Mitigation                                     Timing Restrictions                                   pile from the water column/substrate
                                                In order to issue an IHA under                                                                              via a crane (i.e., deadpull).
                                                                                                        All work will be conducted during
                                              Section 101(a)(5)(D) of the MMPA,                       daylight hours. If poor environmental                 Additional Shutdown Zones
                                              NMFS must set forth the permissible                     conditions restrict full visibility of the
                                              methods of taking pursuant to such                      shutdown zone, pile installation would                   For all pile driving/removal and
                                              activity, and other means of effecting                  be delayed.                                           drilling activities, The Port of San
                                              the least practicable impact on such                                                                          Francisco will establish a shutdown
                                              species or stock and its habitat, paying                Sound Attenuation                                     zone for a marine mammal species that
                                              particular attention to rookeries, mating                  Sound attenuation methods will be                  is greater than its corresponding Level A
                                              grounds, and areas of similar                           implemented for the duration of impact                harassment zone. The purpose of a
                                              significance, and on the availability of                pile driving to install 36-inch and                   shutdown zone is generally to define an
                                              such species or stock for taking for                    16-inch steel and 20-inch concrete piles              area within which shutdown of the
                                              certain subsistence uses (latter not                    (i.e., cushion block, bubble curtain,                 activity would occur upon sighting of a
                                              applicable for this action). NMFS                       sleeve etc.) and shall implement the                  marine mammal (or in anticipation of an
                                              regulations require applicants for                      following bubble curtain performance                  animal entering the defined area). The
                                              incidental take authorizations to include               standards:                                            shutdown zones for each of the pile
                                              information about the availability and                     • The bubble curtain must distribute               driving and drilling activities are listed
                                              feasibility (economic and technological)                air bubbles around 100 percent of the                 below in Table 10.
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                                              42484                               Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                                                                                                                 TABLE 10—SHUTDOWN ZONES
                                                                                                                                                                                        Shutdown zones
                                                                                                                                                                                           (meters)

                                                                                                                                                                       Mid-                      High-
                                                                                                                                                Low-                frequency                 frequency
                                                                                     Source                                                  frequency              cetaceans                 cetaceans
                                                                                                                                             cetaceans                                                                 Phocid           Otariid
                                                                                                                                                                     (Pacific-                  (Dall’s
                                                                                                                                            (humpback                                                               (harbor seal)     (sea lion)
                                                                                                                                                                       white                   porpoise,
                                                                                                                                               whale,                  sided                    harbor
                                                                                                                                           minke whale)              dolphin)                 porpoise)

                                                                                                                                  In-Water Construction Activities *

                                              In Water Heavy Construction (i.e., Barge movements, pile
                                                positioning, deadpulling, and sound attenuation) ............                                             10                       10                        10                10                  10

                                                                                                                                           Vibratory Pile Driving

                                              Vibratory Pile Driver (Removal of concrete and wood
                                                piles) .................................................................................                  10                       10                        10                10                  10
                                              Vibratory Pile Driver (Installation of 14-inch steel H piles) ..                                            10                       10                        10                10                  10
                                              Vibratory Pile Driver (Installation of 16-inch steel H piles) ..                                            10                       10                        10                10                  10
                                              Vibratory Pile Driver (Installation of 30-inch steel piles) .....                                           25                       10                        25                10                  10
                                              Vibratory Pile Driver (Installation of 36-inch steel piles) .....                                           25                       10                        25                10                  10

                                                                                                                                            Impact Pile Driving

                                              Impact Pile Driver (16-inch steel piles) ................................                                  125                       10                      150                 75                  10
                                              Impact Pile Driver (20-inch concrete piles) .........................                                       75                       10                       75                 30                  10
                                              Impact Pile Driver (36-inch steel piles) ................................                                  250                       25                      300                150                  25

                                                                                                                                                   Drilling

                                              24-inch concrete pile (1 pile) (3 hours per day on 1 day) ...                                               10                       10                        10                10                  10



                                              Monitoring Zones                                                           of observers and visibility, but                                      purposes (i.e., shutdown zone
                                                                                                                         conditions may require efforts to be                                  monitoring) by establishing monitoring
                                                The Port of San Francisco will                                           focused in a smaller monitoring zone.                                 protocols for areas adjacent to the
                                              establish and observe a monitoring                                         For impact pile driving, the monitoring                               shutdown zones. Monitoring of
                                              zone. The monitoring zones for this                                        zones are areas where SPLs are equal to                               disturbance zones enables observers to
                                              project will differ based on activity. For                                 or exceed 160 dB rms. For vibratory pile                              be aware of and communicate the
                                              vibratory pile driving and down the                                        driving/drilling and impact pile driving                              presence of marine mammals in the
                                              hole drilling, it may not be possible to                                   the Level B Harassment zones are                                      project area, but outside the shutdown
                                              observe the entire Level B harassment                                      presented in Table 11 below. For the                                  zone, and thus prepare for potential
                                              zones (areas where SPLs are equal to or                                    vibratory pile driving and drilling                                   shutdowns of activity. However, the
                                              exceed 120 dB rms) due to their size.                                      activities, it is noted that Level B                                  primary purpose of disturbance zone
                                              The Port is expected to monitor and                                        harassment zone radius and area will                                  monitoring is for documenting instances
                                              record observations in the largest                                         not necessarily equal the monitoring                                  of Level B harassment; disturbance zone
                                              reasonable portion of this Level B                                         zone. These zones provide utility for                                 monitoring is discussed in detail later
                                              harassment zone based on the number                                        monitoring conducted for mitigation                                   (see Monitoring and Reporting).

                                                                                                                                TABLE 11—MONITORING ZONES
                                                                                                                                                                                                                        Radial         Level B
                                                                                                                                                                                                                       distance      harassment
                                                                                                                             Source                                                                                  to Level B         zone
                                                                                                                                                                                                                      threshold         (km2)
                                                                                                                                                                                                                       (meters)

                                                                                                                                           Vibratory Pile Driving

                                              36-inch steel pile installation ...................................................................................................................................        * 21,544        * 47.1608
                                              30-inch steel pile installation ...................................................................................................................................        * 21,544        * 47.1608
                                              16-inch steel pile installation ...................................................................................................................................        * 21,544        * 47.1608
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                                              14-inch steel H pile installation ................................................................................................................................           * 3,415         * 7.6431
                                              Removal of pre-existing concrete and wood piles ..................................................................................................                         * 21,544        * 47.1608

                                                                                                                                            Impact Pile Driving

                                              36-inch steel pile installation ...................................................................................................................................           541.2          0.3699
                                              20-inch concrete pile installation .............................................................................................................................               63.1        0.006650



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                                                                                 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                                                            42485

                                                                                                                 TABLE 11—MONITORING ZONES—Continued
                                                                                                                                                                                                                       Radial        Level B
                                                                                                                                                                                                                      distance     harassment
                                                                                                                          Source                                                                                    to Level B        zone
                                                                                                                                                                                                                     threshold        (km2)
                                                                                                                                                                                                                      (meters)

                                              16-inch steel pile installation ...................................................................................................................................           215       0.074044

                                                                                                                                       Down the Hole Drilling

                                                                                                                                                                                                                        * 21,544      * 47.1608
                                                 * The monitored radius and area of the Level B harassment zone may vary based on visibility.


                                              Non-Authorized Take Prohibited                                          animal has left the zone or has not been                                 should contribute to improved
                                                If a species enters or approaches the                                 observed for 15 minutes. If the                                          understanding of one or more of the
                                              Level B harassment zone and that                                        monitoring zone has been observed for                                    following:
                                              species is either not authorized for take                               30 minutes and non-permitted species                                        • Occurrence of marine mammal
                                              or its authorized takes are met, pile                                   are not present within the zone, soft                                    species or stocks in the area in which
                                              driving, pile removal, and drilling                                     start procedures can commence and                                        take is anticipated (e.g., presence,
                                              activities must shut down immediately                                   work can continue even if visibility                                     abundance, distribution, density);
                                              using delay and shut-down procedures.                                   becomes impaired within the                                                 • Nature, scope, or context of likely
                                              Activities must not resume until the                                    monitoring zone. When a marine                                           marine mammal exposure to potential
                                              animal has been confirmed to have left                                  mammal permitted for Level B take is                                     stressors/impacts (individual or
                                              the area or an observation time period                                  present in the monitoring zone, pile                                     cumulative, acute or chronic), through
                                              of 15 minutes has elapsed.                                              driving, pile removal, and drilling                                      better understanding of: (1) Action or
                                                                                                                      activities may begin and Level B take                                    environment (e.g., source
                                              Soft Start                                                              will be recorded. As stated above, if the                                characterization, propagation, ambient
                                                 The use of a soft-start procedure is                                 entire Level B zone is not visible at the                                noise); (2) affected species (e.g., life
                                              believed to provide additional                                          start of construction, piling or drilling                                history, dive patterns); (3) co-occurrence
                                              protection to marine mammals by                                         activities can begin. If work ceases for                                 of marine mammal species with the
                                              providing warning and/or giving marine                                  more than 30 minutes, the pre-activity                                   action; or (4) biological or behavioral
                                              mammals a chance to leave the area                                      monitoring of both the monitoring zone                                   context of exposure (e.g., age, calving or
                                              prior to the impact hammer operating at                                 and shutdown zone will commence.                                         feeding areas);
                                              full capacity. For impact pile driving,                                   Based on our evaluation of the                                            • Individual marine mammal
                                              contractors will be required to provide                                 applicant’s proposed measures, as well                                   responses (behavioral or physiological)
                                              an initial set of strikes from the hammer                               as other measures considered by NMFS,                                    to acoustic stressors (acute, chronic, or
                                              at 40 percent energy, each strike                                       NMFS has preliminarily determined                                        cumulative), other stressors, or
                                              followed by no less than a 30-second                                    that the proposed mitigation measures                                    cumulative impacts from multiple
                                              waiting period. This procedure will be                                  provide the means effecting the least                                    stressors;
                                              conducted a total of three times before                                 practicable impact on the affected                                          • How anticipated responses to
                                              impact pile driving begins. This soft                                   species or stocks and their habitat,                                     stressors impact either: (1) Long-term
                                              start procedure must be implemented at                                  paying particular attention to rookeries,                                fitness and survival of individual
                                              the start of a day’s impact pile driving                                mating grounds, and areas of similar                                     marine mammals; or (2) populations,
                                              and at any time following cessation of                                  significance.                                                            species, or stocks;
                                              impact driving of 30 minutes or greater.                                                                                                            • Effects on marine mammal habitat
                                                                                                                      Proposed Monitoring and Reporting                                        (e.g., marine mammal prey species,
                                              Soft start is not required during
                                              vibratory pile driving/removal or                                         In order to issue an IHA for an                                        acoustic habitat, or other important
                                              drilling activities.                                                    activity, Section 101(a)(5)(D) of the                                    physical components of marine
                                                                                                                      MMPA states that NMFS must set forth,                                    mammal habitat); and
                                              Pre-Activity Monitoring                                                 requirements pertaining to the                                              • Mitigation and monitoring
                                                 Prior to the start of daily in-water                                 monitoring and reporting of such taking.                                 effectiveness.
                                              construction activity, or whenever a                                    The MMPA implementing regulations at
                                              break in pile driving or drilling of 30                                 50 CFR 216.104(a)(13) indicate that                                      Hydroacoustic Monitoring
                                              minutes or longer occurs, the observer                                  requests for authorizations must include                                   The Port recognizes in their
                                              will observe the shutdown and                                           the suggested means of accomplishing                                     application the need to implement a
                                              monitoring zones for a period of 30                                     the necessary monitoring and reporting                                   sound monitoring plan (SMP) as
                                              minutes. The shutdown zone will be                                      that will result in increased knowledge                                  required by the Regional NMFS and
                                              cleared when a marine mammal has not                                    of the species and of the level of taking                                U.S. Army Corps of Engineers
                                              been observed within the zone for that                                  or impacts on populations of marine                                      programmatic review for pile driving
                                              30-minute period. A determination that                                  mammals that are expected to be                                          activities in San Francisco Bay. The Port
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                                              the shutdown zone is clear must be                                      present in the proposed action area.                                     indicates that this SMP will recommend
                                              made during a period of good visibility                                 Effective reporting is critical both to                                  sound monitoring stations at 10 m, 100
                                              (i.e., the entire shutdown zone and                                     compliance as well as ensuring that the                                  m, and 300 m to monitor ambient noise
                                              surrounding waters must be visible to                                   most value is obtained from the required                                 conditions in the area. NMFS feels that
                                              the naked eye). If a marine mammal is                                   monitoring.                                                              ambient noise measurements are highly
                                              observed within the shutdown zone, a                                      Monitoring and reporting                                               specific to the time and place they were
                                              soft-start cannot proceed until the                                     requirements prescribed by NMFS                                          taken, and therefore might have limited


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                                              42486                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              use to future projects. However, there                    • Independent observers (i.e., not                    • Weather parameters in each
                                              are few source level measurements for                   construction personnel);                              monitoring period (e.g., wind speed,
                                              down the hole drilling activities, as                     ii. Other PSOs may substitute                       percent cloud cover, visibility);
                                              shown by the use of Alaska DOT proxy                    education (degree in biological science                 • Water conditions in each
                                              data in this IHA. NMFS feels that                       or related field) or training for                     monitoring period (e.g., sea state, tide
                                              rigorous hydroacoustic monitoring of                    experience;                                           state);
                                              source level for the down the hole                        iii. Where a team of three or more                    • Extrapolated estimates of the total
                                              drilling activity will be more beneficial               PSOs are required, a lead observer or                 observed Level B harassment takes
                                              for future projects in this region and                  monitoring coordinator shall be                       based on the percentage of the Level B
                                              others. While NMFS is not requiring                     designated. The lead observer must have               harassment zone that was not visible or
                                              these source level measurements, if the                 prior experience working as a marine                  was not monitored
                                              Port were already planning to conduct                   mammal observer during construction;                    • For each marine mammal sighting:
                                              measurements, we recommend focusing                       iv. The Port of San Francisco shall                   Æ Species, numbers, and, if possible,
                                              on source level verification and could                  submit PSO CVs for approval by NMFS;                  sex and age class of marine mammals;
                                              offer guidance on its implementation.                   The Port of San Francisco shall ensure                  Æ Description of any observable
                                                                                                      that observers have the following                     marine mammal behavior patterns,
                                              Visual Monitoring                                       additional qualifications:                            including bearing and direction of travel
                                                 Monitoring would be conducted 30                       • Visual acuity in both eyes                        and distance from pile driving activity;
                                              minutes before, during, and 30 minutes                  (correction is permissible) sufficient for              Æ Location and distance from pile
                                              after all pile driving/removal and                      discernment of moving targets at the                  driving activities to marine mammals
                                              drilling activities. In addition, observers             water’s surface with ability to estimate              and distance from the marine mammals
                                              shall record all incidents of marine                    target size and distance; use of                      to the observation point;
                                              mammal occurrence, regardless of                        binoculars may be necessary to correctly                Æ Estimated amount of time that the
                                              distance from activity, and shall                       identify the target;                                  animals remained in the Level B
                                              document any behavioral reactions in                      • Ability to conduct field                          harassment zone;
                                              concert with distance from piles being                  observations and collect data according                 Æ Description of implementation of
                                              driven, removed, or pile holes being                    to assigned protocols;                                mitigation measures within each
                                              drilled. Pile driving and drilling                        • Experience or training in the field               monitoring period (e.g., shutdown or
                                              activities include the time to install,                 identification of marine mammals,                     delay);
                                              remove, or drill a hole for a single pile               including the identification of                         Æ Other human activity in the area
                                              or series of piles, as long as the time                 behaviors;                                            within each monitoring period; and
                                              elapsed between uses of the pile driving                  • Writing skills sufficient to prepare a              Æ A summary of the following:
                                                                                                      report of observations including but not                D Total number of individuals of each
                                              equipment is no more than thirty
                                                                                                      limited to the number and species of                  species detected within the monitoring
                                              minutes.
                                                                                                      marine mammals observed; dates and                    zone, and estimated as taken if
                                                 Monitoring will be conducted by                                                                            correction factor appropriate;
                                                                                                      times when in-water construction
                                              NMFS approved Protected Species                                                                                 D Total number of individuals of each
                                                                                                      activities were conducted; dates, times,
                                              Observers (PSOs). There will be at least                                                                      species detected within the Level A
                                                                                                      and reason for implementation of
                                              two PSOs, but this number could be                                                                            harassment zone and the average
                                                                                                      mitigation (or why mitigation was not
                                              higher, depending on the type of pile                                                                         amount of time that they remained in
                                                                                                      implemented when required); and
                                              driving/drilling and size of pile, which                                                                      that zone; and
                                                                                                      marine mammal behavior;
                                              determines the size of the harassment                     • Ability to communicate orally, by                   D Daily average number of individuals
                                              zones. At least two land-based PSOs                     radio or in person, with project                      of each species (differentiated by month
                                              will monitor during all pile driving/                   personnel to provide real-time                        as appropriate) detected within the
                                              removal and drilling activities.                        information on marine mammals                         monitoring zone, and estimated as
                                                 PSOs shall scan the waters using                     observed in the area as necessary; and                taken, if appropriate.
                                              binoculars, and/or spotting scopes, and                   • Sufficient training, orientation, or
                                              shall use a handheld GPS or range-                                                                            Negligible Impact Analysis and
                                                                                                      experience with the construction                      Determination
                                              finder device to verify the distance to                 operations to provide for personal safety
                                              each sighting from the project site. All                during observations.                                     NMFS has defined negligible impact
                                              PSOs shall be trained in marine                           The Port of San Francisco shall                     as an impact resulting from the
                                              mammal identification and behaviors                     submit a draft report to NMFS not later               specified activity that cannot be
                                              and are required to have no other                       than 90 days following the end of                     reasonably expected to, and is not
                                              project-related tasks while conducting                  construction activities. The Port of San              reasonably likely to, adversely affect the
                                              monitoring. In addition, monitoring                     Francisco shall provide a final report                species or stock through effects on
                                              shall be conducted by qualified                         within 30 days following resolution of                annual rates of recruitment or survival
                                              observers, who shall be placed at the                   NMFS’ comments on the draft report.                   (50 CFR 216.103). A negligible impact
                                              best vantage point(s) practicable to                    Reports shall contain, at minimum, the                finding is based on the lack of likely
                                              monitor for marine mammals and                          following:                                            adverse effects on annual rates of
                                              implement shutdown/delay procedures                       • Date and time that monitored                      recruitment or survival (i.e., population-
                                              when applicable by calling for the                      activity begins and ends for each day                 level effects). An estimate of the number
                                              shutdown to the hammer operator.                        conducted (monitoring period);                        of takes alone is not enough information
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                                              Qualified observers are trained and/or                    • Construction activities occurring                 on which to base an impact
                                              experienced professionals, with the                     during each daily observation period,                 determination. In addition to
                                              following minimum qualifications:                       including how many and what type of                   considering estimates of the number of
                                                 i. At least one PSO must have prior                  piles driven;                                         marine mammals that might be ‘‘taken’’
                                              experience working as a marine                            • Deviation from initial proposal in                through harassment, NMFS considers
                                              mammal observer during construction                     pile numbers, pile types, average                     other factors, such as the likely nature
                                              activities;                                             driving times, etc.;                                  of any responses (e.g., intensity,


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                          42487

                                              duration), the context of any responses                 addition, PSOs will be stationed within               special significance for foraging or
                                              (e.g., critical reproductive time or                    the action area whenever pile driving/                reproduction in the project area;
                                              location, migration), as well as effects                removal and drilling operations are                      • Anticipated incidents of Level B
                                              on habitat, and the likely effectiveness                underway. Depending on the activity,                  harassment consist of, at worst,
                                              of the mitigation. We also assess the                   The Port of San Francisco will employ                 temporary modifications in behavior;
                                              number, intensity, and context of                       the use of at least two PSOs to ensure                and
                                              estimated takes by evaluating this                      all monitoring and shutdown zones are
                                                                                                                                                               • Required mitigation measures (i.e.
                                              information relative to population                      properly observed.
                                                                                                                                                            shutdown zones) are expected to be
                                              status. Consistent with the 1989                           Although the Mission Bay Ferry and
                                              preamble for NMFS’s implementing                                                                              effective in reducing the effects of the
                                                                                                      Water Taxi Landing Project would have                 specified activity.
                                              regulations (54 FR 40338; September 29,                 some permanent removal of habitat
                                              1989), the impacts from other past and                  available to marine mammals, the area                    Based on the analysis contained
                                              ongoing anthropogenic activities are                    lost would negligible. Construction of                herein of the likely effects of the
                                              incorporated into this analysis via their               the MBFL and WTL structures and                       specified activity on marine mammals
                                              impacts on the environmental baseline                   dredging for the project will result in               and their habitat, and taking into
                                              (e.g., as reflected in the regulatory status            the disturbance of up to approximately                consideration the implementation of the
                                              of the species, population size and                     8.4 acres of predominantly fine-grained               monitoring and mitigation measures,
                                              growth rate where known, ongoing                        sediment and the associated benthic                   NMFS preliminarily finds that the total
                                              sources of human-caused mortality, or                   infaunal community. Total habitat                     marine mammal take from the activity
                                              ambient noise levels).                                  disturbed from the project activities is              will have a negligible impact on all
                                                 As stated in the mitigation section,                 estimated at 0.000071 percent of the                  affected marine mammal species or
                                              bubble curtains will be used and                        total South San Francisco Bay subtidal                stocks.
                                              shutdown zones that encompass the                       habitat available (NOAA 2007). This is                Small Numbers
                                              area in which Level A harassment might                  a relatively small fraction of area
                                              be expected to occur will be                            relative to the total available habitat for             As noted above, only small numbers
                                              implemented. As a result, no Level A                    foraging and transit for marine                       of incidental take may be authorized
                                              take is expected nor authorized for this                mammals. In addition, to minimize                     under Section 101(a)(5)(D) of the MMPA
                                              activity. Exposures to elevated sound                   impacts, in-water construction will be                for specified activities other than
                                              levels produced during pile driving                     limited to locally established                        military readiness activities. The MMPA
                                              activities may cause behavioral                         environmental work windows between                    does not define small numbers and so,
                                              responses by an animal, but they are                    June and November.                                    in practice, where estimated numbers
                                              expected to be mild and temporary.                         Overall, impacts to marine mammals                 are available, NMFS compares the
                                              Effects on individuals that are taken by                and prey species due to the Mission Bay               number of individuals taken to the most
                                              Level B harassment, on the basis of                                                                           appropriate estimation of abundance of
                                                                                                      Ferry and Water Taxi Landing Project
                                              reports in the literature as well as                                                                          the relevant species or stock in our
                                                                                                      are expected to be minor and temporary.
                                              monitoring from other similar activities,                                                                     determination of whether an
                                                                                                      The area impacted by the project is very
                                              will likely be limited to reactions such                                                                      authorization is limited to small
                                                                                                      small compared to the available habitat
                                              as increased swimming speeds,                                                                                 numbers of marine mammals.
                                                                                                      around San Francisco Bay. The most
                                              increased surfacing time, or decreased                                                                        Additionally, other qualitative factors
                                                                                                      likely impact to prey will be temporary
                                              foraging (if such activity were occurring)                                                                    may be considered in the analysis, such
                                                                                                      behavioral avoidance of the immediate
                                              (e.g., Thorson and Reyff, 2006; Lerma,                                                                        as the temporal or spatial scale of the
                                                                                                      area. During pile driving and drilling, it
                                              2014). Most likely, individuals will                                                                          activities.
                                                                                                      is expected that fish and marine
                                              simply move away from the sound
                                              source and be temporarily displaced                     mammals would temporarily move to                       Take for all species authorized except
                                              from the areas of pile driving, although                nearby locations and return to the area               harbor seal is less than five percent of
                                              even this reaction has been observed                    following cessation of in-water                       their respective stock abundance. For
                                              primarily only in association with                      construction activities. Therefore,                   harbor seal, the authorized take is less
                                              impact pile driving. These reactions and                indirect effects on marine mammal prey                than 10 percent of the stock abundance.
                                              behavioral changes are expected to                      during the construction are not expected              Based on this and the analysis
                                              subside quickly when the exposures                      to be substantial.                                    contained herein of the proposed
                                              cease. Within the project area, there are                  In summary and as described above,                 activity (including the proposed
                                              no critical habitats or other biologically              the following factors primarily support               mitigation and monitoring measures)
                                              important areas (Calambokidis et al.,                   our determination that the impacts                    and the anticipated take of marine
                                              2015). The area is an active commercial                 resulting from this activity are not                  mammals, NMFS preliminarily finds
                                              port, and while harbor seals, California                expected to adversely affect the species              that small numbers of marine mammals
                                              sea lions, and other marine mammals                     or stock through effects on annual rates              will be taken relative to the population
                                              may be present, the area is not an                      of recruitment or survival:                           size of the affected species or stocks.
                                              established rookery or breeding ground                     • Mortality is not anticipated or                  Unmitigable Adverse Impact Analysis
                                              for local populations.                                  authorized;                                           and Determination
                                                 During all impact driving,                              • Minimal impacts to marine
                                              implementation of soft start procedures,                mammal habitat are expected;                            There are no relevant subsistence uses
                                              the use of a bubble curtain, and                           • Bubble curtain and other sound                   of the affected marine mammal stocks or
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                                              monitoring of established shutdown                      attenuating devices are used during                   species implicated by this action.
                                              zones will be required. Given sufficient                impact pile driving will lessen the                   Therefore, NMFS has determined that
                                              notice through use of soft start (for                   amount of behavioral disturbance and                  the total taking of affected species or
                                              impact driving), marine mammals are                     contribute to the alleviation of the                  stocks would not have an unmitigable
                                              expected to move away from an                           likelihood of injury;                                 adverse impact on the availability of
                                              irritating sound source prior to it                        • Impacts are not occurring in                     such species or stocks for taking for
                                              becoming potentially injurious. In                      rookeries, or known areas or features of              subsistence purposes.


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                                              42488                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              Endangered Species Act (ESA)                               (f) Pile driving and drilling activities           driving and removal activities must shut
                                                No incidental take of ESA-listed                      authorized under this IHA may only                    down immediately using delay and
                                              species is proposed for authorization or                occur during daylight hours.                          shut-down procedures; and
                                              expected to result from this activity.                     4. Mitigation Measures                                (f) The Port of San Francisco must
                                                                                                         The holder of this Authorization is                establish monitoring locations as
                                              Therefore, NMFS has determined that
                                              formal consultation under section 7 of                  required to implement the following                   described below.
                                              the ESA is not required for this action.                mitigation measures:                                     5. Monitoring
                                                                                                         (a) For all pile driving/removal,                     The holder of this Authorization is
                                              Proposed Authorization                                  drilling, and in-water heavy machinery                required to conduct marine mammal
                                                 As a result of these preliminary                     work, the Port of San Francisco must                  monitoring during all pile driving/
                                              determinations, NMFS proposes to issue                  implement a shutdown zone around the                  removal and drilling activities.
                                              an IHA to the Port of San Francisco for                 pile or work zone. If a marine mammal                 Monitoring and reporting must be
                                              conducting pile driving/removal and                     comes within or approaches the                        conducted in accordance with the
                                              drilling in San Francisco Bay from June                 shutdown zone, such operations must                   Monitoring Plan as described below.
                                              1, 2019 to May 31, 2020, provided the                   cease. See Table 10 for minimum radial                   (a) The Port of San Francisco must
                                              previously mentioned mitigation,                        distances required for shutdown zones;                monitor the Level B harassment zones
                                              monitoring, and reporting requirements                     (b) After a shutdown occurs, impact                and shutdown zones shown in Tables
                                              are incorporated. This section contains                 pile driving, vibratory piling driving/               10 and 11 during all pile driving/
                                              a draft of the IHA itself. The wording                  removal, and/or drilling can only begin               removal and drilling activities.
                                              contained in this section is proposed for               after the animal is observed leaving the              Monitoring efforts in the Level B
                                              inclusion in the IHA (if issued).                       shutdown zone or has not been                         harassment zone can be concentrated in
                                                 1. This Incidental Harassment                        observed for 15 minutes;                              a subset of the zone if it is not feasible
                                              Authorization (IHA) is valid from June                     (c) The Port of San Francisco must use
                                                                                                                                                            to observe the entire zone.
                                              1, 2019, to May 31, 2020.                               sound attenuation devices (i.e. cushion
                                                                                                                                                               (b) If waters exceed a sea-state which
                                                 2. This IHA is valid only for impact                 block, and bubble curtain) during all
                                                                                                                                                            restricts the observers’ ability to make
                                              pile driving, vibratory pile driving,                   impact pile driving and a caisson sleeve
                                                                                                                                                            observations within the marine mammal
                                              vibratory pile removal, and drilling                    during drilling. The Port of San
                                                                                                                                                            shutdown zone, pile installation/
                                              activities associated with the                          Francisco must implement the following
                                                                                                                                                            removal and drilling must cease. Pile
                                              construction of the Mission Bay Ferry                   bubble curtain performance standards:
                                                                                                         (1) The bubble curtain must distribute             driving and/or drilling must not be
                                              and Water Taxi Landing Project in San                                                                         initiated or continue until the entire
                                              Francisco Bay, California                               air bubbles around 100 percent of the
                                                                                                      piling perimeter for the full depth of the            largest shutdown zone for the activity is
                                                 3. General Conditions                                                                                      visible.
                                                 (a) A copy of this IHA must be in the                water column;
                                              possession of the Port of San Francisco,                   (2) The lowest bubble ring must be in                 (c) Prior to the start of daily in-water
                                              its designees, and work crew personnel                  contact with the mudline for the full                 construction activity, or whenever a
                                              operating under the authority of this                   circumference of the ring, and the                    break in pile driving/removal and/or
                                              IHA;                                                    weights attached to the bottom ring                   drilling of 30 minutes or longer occurs,
                                                 (b) The species authorized for taking                must ensure 100 percent mudline                       the PSOs must observe the shutdown
                                              are gray whale (Eschrichtius robustus),                 contact. No parts of the ring or other                and monitoring zones for a period of 30
                                              bottlenose dolphin (Tursiops truncatus),                objects shall prevent full mudline                    minutes before construction activities
                                              harbor porpoise (Phocoena phocoena),                    contact; and                                          can begin.
                                              California sea lion (Zalophus                              (3) The selected contractor must                      (d) If the shutdown zones have been
                                              californianus), northern fur seal                       ensure that personnel are trained in the              observed to be clear of marine mammals
                                              (Callorhinus ursinus), Pacific harbor                   proper balancing of air flow to the                   for 30 minutes, in-water construction
                                              seal (Phoca vitulina richardii), and                    bubblers and must require that                        can commence and work can continue
                                              northern elephant seal (Mirounga                        construction contractors submit an                    even if visibility becomes impaired
                                              angustirostris);                                        inspection/performance report for                     within the Level B harassment zone.
                                                 (c) The taking, by Level B harassment                approval by the Port within 72 hours                     (e) Monitoring must be conducted by
                                              only, is limited to the species listed in               following the performance test.                       qualified PSOs, with minimum
                                              condition 3(b). See Table 9 for numbers                 Corrections to the attenuation device to              qualifications as described previously in
                                              of take authorized;                                     meet the performance standards must                   the Monitoring and Reporting section of
                                                 (d) The taking by serious injury or                  occur prior to impact driving;                        the proposed Federal Notice. PSO
                                              death of any of the species listed in                      (d) The Port of San Francisco must                 requirements include:
                                              condition 3(b) of the Authorization or                  use a soft-start procedure for impact pile               (i) At least two PSOs must be on site
                                              any taking of any other species of                      driving. During a soft start, The Port of             to actively observe the shutdown and
                                              marine mammal is prohibited and may                     San Francisco is required to provide an               disturbance zones during all pile
                                              result in the modification, suspension,                 initial set of three strikes from the                 driving, removal, and drilling;
                                              or revocation of this IHA;                              impact hammer at 40 percent energy,                      (ii) Observers must use their naked
                                                 (e) The Port of San Francisco must                   followed by a 30-second waiting period,               eye with the aid of binoculars, and/or a
                                              conduct briefings between construction                  then two subsequent 3-strike sets. This               spotting scope during all pile driving
                                              supervisors and crews and marine                        soft-start must be applied prior to                   and extraction activities;
                                              mammal monitoring team prior to the                     beginning pile driving activities each                   (iii) All PSOs must be positioned in
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                                              start of all pile driving, pile removal,                day or when impact pile driving                       the best vantage point to have an
                                              and drilling, and when new personnel                    hammers have been idle for more than                  unobstructed view of all water within
                                              join the work, in order to explain                      30 minutes;                                           the shutdown zone and as much of the
                                              responsibilities, communication                            (e) If a species enters or approaches              Level B harassment zone as possible for
                                              procedures, marine mammal monitoring                    the Level B harassment zone and that                  pile driving/removal and/or drilling;
                                              protocol, and operational procedures;                   species is either not authorized for take                (iv) Observers must be independent
                                              and                                                     or its authorized takes are met, pile                 (i.e., not construction personnel);


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                                                                         Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices                                            42489

                                                 (v) At least one PSO must have prior                   (viii) Species, numbers, and, if                    additional mitigation measures or
                                              experience working as a marine                          possible, sex and age class of marine                 modifications to the activities are
                                              mammal observer during construction                     mammals;                                              appropriate;
                                              activities;                                               (ix) Description of any observable                     (iii) In the event that the Port of San
                                                 (vi) (Other PSOs may substitute                      marine mammal behavior patterns,                      Francisco discovers an injured or dead
                                              education (degree in biological science                   (x) Distance from pile driving                      marine mammal, and the lead observer
                                              or related field) or training for                       activities to marine mammals and                      determines that the injury or death is
                                              experience;                                             distance from the marine mammals to                   not associated with or related to the
                                                 (vii) Where a team of three or more                  the observation point;                                activities authorized in the IHA (e.g.,
                                              PSOs are required, a lead observer or                     (x) Locations of all marine mammal                  previously wounded animal, carcass
                                              monitoring coordinator shall be                         observations; and                                     with moderate to advanced
                                              designated. The lead observer must have                   (xi) Other human activity in the area.              decomposition, or scavenger damage),
                                              prior experience working as a marine                      (b) Reporting injured or dead marine                the Port of San Francisco must report
                                              mammal observer during construction;                    mammals:                                              the incident to the Office of Protected
                                                 (viii) The Port of San Francisco shall                 (i) In the unanticipated event that the             Resources, NMFS, and the West Coast
                                              submit PSO CVs for approval by NMFS;                    specified activity clearly causes the take            Stranding Coordinator, NMFS, within
                                                 (f) Marine mammal location must be                   of a marine mammal in a manner                        24 hours of the discovery. The Port of
                                              determined using a rangefinder and a                    prohibited by this IHA, such as an                    San Francisco must provide
                                              GPS or compass;                                         injury (Level A harassment), serious                  photographs or video footage or other
                                                 (g) Post-construction monitoring must                injury, or mortality, The Port of San                 documentation of the stranded animal
                                              be conducted for 30 minutes beyond the                  Francisco must immediately cease the                  sighting to NMFS;
                                              cessation of piling and drilling activities             specified activities and report the                      7. This Authorization may be
                                              at end of day.                                          incident to the Office of Protected                   modified, suspended or withdrawn if
                                                 6. Reporting                                         Resources, NMFS, and the West Coast                   the holder fails to abide by the
                                                 The holder of this Authorization is                  Stranding Coordinator, NMFS. The                      conditions prescribed herein, or if
                                              required to:                                            report must include the following                     NMFS determines the authorized taking
                                                 (a) Submit a draft report on all                     information:                                          is having more than a negligible impact
                                              monitoring conducted under the IHA                        1. Time and date of the incident;                   on the species or stock of affected
                                              within 90 calendar days of the                            2. Description of the incident;
                                                                                                                                                            marine mammals.
                                              completion of marine mammal                               3. Environmental conditions (e.g.,
                                              monitoring. This report must detail the                 wind speed and direction, Beaufort sea                Request for Public Comments
                                              monitoring protocol, summarize the                      state, cloud cover, and visibility);
                                                                                                                                                               We request comment on our analyses,
                                              data recorded during monitoring, and                      4. Description of all marine mammal
                                                                                                                                                            the proposed authorization, the Port’s
                                              estimate the number of marine                           observations and active sound source
                                                                                                                                                            potential sound source verification
                                              mammals that may have been harassed,                    use in the 24 hours preceding the
                                                                                                                                                            efforts, and any other aspect of this
                                              including the total number extrapolated                 incident;
                                                                                                        5. Species identification or                        Notice of Proposed IHA for the
                                              from observed animals across the                                                                              proposed action. We also request
                                              entirety of relevant monitoring zones.                  description of the animal(s) involved;
                                                                                                        6. Fate of the animal(s); and                       comment on the potential for renewal of
                                              Given that the entire Level B harassment                                                                      this proposed IHA as described in the
                                              zone may not be readily observable,                       7. Photographs or video footage of the
                                                                                                      animal(s).                                            paragraph below. Please include with
                                              takes must be recorded and extrapolated                                                                       your comments any supporting data or
                                              based upon the amount of total observed                   Activities must not resume until
                                                                                                      NMFS is able to review the                            literature citations to help inform our
                                              takes and the percentage of the Level B                                                                       final decision on the request for MMPA
                                              harassment zone that was not visible.                   circumstances of the prohibited take.
                                                                                                      NMFS will work with the Port of San                   authorization.
                                                 A final report must be prepared and
                                                                                                      Francisco to determine what measures                     On a case-by-case basis, NMFS may
                                              submitted within 30 days following
                                                                                                      are necessary to minimize the likelihood              issue a second one-year IHA without
                                              resolution of comments on the draft
                                                                                                      of further prohibited take and ensure                 additional notice when (1) another year
                                              report from NMFS. This report must
                                                                                                      MMPA compliance. The Port of San                      of identical or nearly identical activities
                                              contain the following:
                                                 (i) Date and time a monitored activity               Francisco may not resume their                        as described in the Specified Activities
                                              begins or ends;                                         activities until notified by NMFS;                    section is planned or (2) the activities
                                                 (ii) Construction activities occurring                 (i) In the event that the Port of San               would not be completed by the time the
                                              during each observation period;                         Francisco discovers an injured or dead                IHA expires and a second IHA would
                                                 (iii) Record of implementation of                    marine mammal, and the lead observer                  allow for completion of the activities
                                              shutdowns, including the distance of                    determines that the cause of the injury               beyond that described in the Dates and
                                              animals to the pile and description of                  or death is unknown and the death is                  Duration section, provided all of the
                                              specific actions that ensued and                        relatively recent (e.g., in less than a               following conditions are met:
                                              resulting behavior of the animal, if any;               moderate state of decomposition), the                    • A request for renewal is received no
                                                 (iv) An estimated total take                         Port of San Francisco must immediately                later than 60 days prior to expiration of
                                              extrapolated from the number of marine                  report the incident to the Office of                  the current IHA;
                                              mammals observed during the course of                   Protected Resources, NMFS, and the                       • The request for renewal must
                                              construction activities, if necessary.                  West Coast Stranding Coordinator,                     include the following:
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                                                 (v) Deviation from initial proposal in               NMFS;                                                    (1) An explanation that the activities
                                              pile numbers, pile types, average                         (ii) The report must include the same               to be conducted beyond the initial dates
                                              driving times, etc.;                                    information identified in 6(b)(i) of this             either are identical to the previously
                                                 (vi) Weather parameters (e.g., percent               IHA. Activities may continue while                    analyzed activities or include changes
                                              cover, visibility);                                     NMFS reviews the circumstances of the                 so minor (e.g., reduction in pile size)
                                                 (vii) Water conditions (e.g., sea state,             incident. NMFS will work with the Port                that the changes do not affect the
                                              tide state);                                            of San Francisco to determine whether                 previous analyses, take estimates, or


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                                              42490                      Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices

                                              mitigation and monitoring                               Public Comment                                        Conservation and Management Act
                                              requirements; and                                         Public comment letters will be                      (Magnuson-Stevens Act) authorizes the
                                                (2) A preliminary monitoring report                   accepted and should be submitted either               Secretary of State, with the concurrence
                                              showing the results of the required                     electronically to Elizabeth Figus,                    of the Secretary of Commerce
                                              monitoring to date and an explanation                   Council staff: Elizabeth.figus@noaa.gov               (Secretary) and in consultation with the
                                              showing that the monitoring results do                  or through the mail: North Pacific                    Council, to negotiate and enter into a
                                              not indicate impacts of a scale or nature               Fishery Management Council, 605 W                     Pacific Insular Area fishery agreement
                                              not previously analyzed or authorized;                  4th Ave., Suite 306, Anchorage, AK                    (PIAFA). A PIAFA would allow foreign
                                                • Upon review of the request for                      99501–2252. In-person oral public                     fishing within the U.S. Exclusive
                                              renewal, the status of the affected                     testimony will be accepted at the                     Economic Zone (EEZ) adjacent to
                                              species or stocks, and any other                        discretion of the chair.                              American Samoa, Guam, or the
                                              pertinent information, NMFS                                                                                   Northern Mariana Islands. The Governor
                                              determines that there are no more than                  Special Accommodations                                of the Pacific Insular Area to which the
                                              minor changes in the activities, the                      The meeting is physically accessible                PIAFA applies must request the PIAFA.
                                              mitigation and monitoring measures                      to people with disabilities. Requests for             The Secretary of State may negotiate
                                              remain the same and appropriate, and                    sign language interpretation or other                 and enter the PIAFA after consultation
                                              the original findings remain valid.                     auxiliary aids should be directed to                  with, and concurrence of, the applicable
                                                                                                      Shannon Gleason at (907) 271–2809 at                  Governor.
                                                Dated: August 16, 2018.
                                                                                                      least 7 working days prior to the                        Before entering the PIAFA, the
                                              Donna S. Wieting,
                                                                                                      meeting date.                                         applicable Governor, with concurrence
                                              Director, Office of Protected Resources,
                                                                                                        Dated: August 17, 2018.                             of the Council, must develop and
                                              National Marine Fisheries Service.
                                                                                                      Tracey L. Thompson,                                   submit to the Secretary a 3-year MCP
                                              [FR Doc. 2018–18056 Filed 8–21–18; 8:45 am]
                                                                                                      Acting Deputy Director, Office of Sustainable         providing details on uses for and funds
                                              BILLING CODE 3510–22–P
                                                                                                      Fisheries, National Marine Fisheries Service.         collected by the Secretary for MCP
                                                                                                      [FR Doc. 2018–18118 Filed 8–21–18; 8:45 am]           review and approval. NMFS is the
                                                                                                                                                            designee of the Secretary for MCP
                                              DEPARTMENT OF COMMERCE                                  BILLING CODE 3510–22–P
                                                                                                                                                            review and approval. The Magnuson-
                                              National Oceanic and Atmospheric                                                                              Stevens Act requires payments received
                                              Administration                                          DEPARTMENT OF COMMERCE                                under a PIAFA to be deposited into the
                                                                                                                                                            United States Treasury and then
                                                                                                      National Oceanic and Atmospheric                      conveyed to the Treasury of the Pacific
                                              RIN 0648–XG432
                                                                                                      Administration                                        Insular Area for which funds were
                                              North Pacific Fishery Management                        RIN 0648–XG003
                                                                                                                                                            collected.
                                              Council; Public Meeting                                                                                          In the case of violations by foreign
                                                                                                      Pacific Island Fisheries; Marine                      fishing vessels in the EEZ around any
                                              AGENCY:  National Marine Fisheries                      Conservation Plan for American                        Pacific Insular Area, amounts received
                                              Service (NMFS), National Oceanic and                    Samoa; Western Pacific Sustainable                    by the Secretary attributable to fines and
                                              Atmospheric Administration (NOAA),                      Fisheries Fund                                        penalties imposed under the Magnuson-
                                              Commerce.                                                                                                     Stevens Act, including sums collected
                                                                                                      AGENCY:  National Marine Fisheries                    from the forfeiture and disposition or
                                              ACTION: Notice of telephonic meeting.
                                                                                                      Service (NMFS), National Oceanic and                  sale of property seized subject to its
                                              SUMMARY:   The North Pacific Fishery                    Atmospheric Administration (NOAA),                    authority, shall be deposited into the
                                              Management Council (Council)                            Commerce.                                             Treasury of the Pacific Insular Area
                                              Observer Advisory Committee Subgroup                    ACTION: Notice of agency decision.                    adjacent to the EEZ in which the
                                              will meet September 5, 2018.                            SUMMARY:   NMFS announces approval of                 violation occurred, after direct costs of
                                              DATES: The meeting will be held on                      a marine conservation plan (MCP) for                  the enforcement action are subtracted.
                                              Wednesday, September 5, 2018, from                      American Samoa.                                       The Pacific Insular Area government
                                              1 p.m. to 2:30 p.m.                                                                                           may use funds deposited into the
                                                                                                      DATES: This agency decision is effective
                                                                                                      from July 25, 2018, through July 24,                  treasury of the Pacific Insular Area for
                                              ADDRESSES: The meeting will be held
                                                                                                      2021.                                                 fisheries enforcement and for
                                              telephonically. Teleconference line:
                                                                                                                                                            implementation of an MCP.
                                              (907) 271–2896.                                         ADDRESSES: You may obtain a copy of                      Federal regulations at 50 CFR 665.819
                                                 Council address: North Pacific                       the MCP, identified by NOAA–NMFS–                     authorize NMFS to specify catch limits
                                              Fishery Management Council, 605 W                       2018–0014, from the Federal e-                        of longline-caught bigeye tuna for U.S.
                                              4th Ave., Suite 306, Anchorage, AK                      Rulemaking Portal, http://                            territories. NMFS may also authorize
                                              99501–2252; telephone: (907) 271–2809.                  www.regulations.gov/#!                                each territory to allocate a portion of
                                              FOR FURTHER INFORMATION CONTACT:                        docketDetail;D=NOAA-NMFS-2018-                        that limit to U.S. longline fishing vessels
                                              Elizabeth Figus, Council staff;                         0014, or from the Western Pacific                     that are permitted to fish under the
                                              telephone: (907) 271–2809.                              Fishery Management Council (Council),                 Fishery Ecosystem Plan for Pelagic
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      1164 Bishop St., Suite 1400, Honolulu,                Fisheries of the Western Pacific (FEP).
                                                                                                      HI 96813, tel 808–522–8200, http://                   Payments collected under specified
amozie on DSK3GDR082PROD with NOTICES1




                                              Agenda                                                  www.wpcouncil.org.                                    fishing agreements are deposited into
                                                The agenda will include: A discussion                 FOR FURTHER INFORMATION CONTACT:                      the Western Pacific Sustainable
                                              of the Observer Program Fee Analysis                    Gabriel Forrester, Sustainable Fisheries,             Fisheries Fund, and any funds
                                              developments since June 2018,                           NMFS Pacific Island Regional Office,                  attributable to a particular Fisheries
                                              including an outline, alternatives,                     808–725–5179.                                         Fund, and any funds attributable to a
                                              monitoring objectives, and discussion of                SUPPLEMENTARY INFORMATION: Section                    particular territory may be used only for
                                              analysis methods.                                       204(e) of the Magnuson-Stevens Fishery                implementation of that territory’s MCP.


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Document Created: 2018-08-22 00:39:01
Document Modified: 2018-08-22 00:39:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; proposed incidental harassment authorization; request for comments on proposed authorization and possible renewal.
DatesComments and information must be received no later than September 21, 2018.
ContactGray Redding, 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 Citation83 FR 42465 
RIN Number0648-XG10

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