83_FR_52595 83 FR 52394 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to In-Water Demolition and Construction Activities Associated With a Harbor Improvement Project in Statter Harbor, Alaska

83 FR 52394 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to In-Water Demolition and Construction Activities Associated With a Harbor Improvement Project in Statter Harbor, Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52394-52416
FR Document2018-22604

NMFS has received a request from the City of Juneau for authorization to take marine mammals incidental to harbor improvement projects in Statter Harbor, Alaska. 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 authorizations and agency responses will be summarized in the final notice of our decision.

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52394-52416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22604]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG506


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to In-Water Demolition and 
Construction Activities Associated With a Harbor Improvement Project in 
Statter Harbor, Alaska

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 City of Juneau for 
authorization to take marine mammals incidental to harbor improvement 
projects in Statter Harbor, Alaska. 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 authorizations and agency responses will 
be summarized in the final notice of our decision.

DATES: Comments and information must be received no later than November 
16, 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: Sara Young, 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

[[Page 52395]]

exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, a notice of a 
proposed incidental take authorization may be provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other means of effecting the least practicable adverse 
impact on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' The definitions of all applicable MMPA statutory 
terms cited above are included in the relevant sections below.

National Environmental Policy Act

    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 IHA) 
with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs 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 February 12, 2018, NMFS received a request from the City of 
Juneau for an IHA to take marine mammals incidental to harbor 
improvement projects in Statter Harbor, Alaska. The original 
application covered three years of potential work and was revised to 
one year of work on March 9, 2018. A series of exchanges regarding 
acoustic analyses continued until a meeting was held on June 21, 2018. 
An additional revision was received on August 8, 2019. The application 
was deemed adequate and complete on September 18, 2018. The City of 
Juneau's request is for take of a small number of harbor seal, harbor 
porpoise, humpback whale, and Steller sea lion by Level B harassment 
and Level A harassment. Neither the City of Juneau nor NMFS expects 
serious injury or mortality to result from this activity and, 
therefore, an IHA is appropriate.

Description of Proposed Activity

Overview

    The harbor improvements described in the application include 
demolition and disposal of the existing boat launch ramp and timber 
haulout pier, dredging of the planned harbor basin with offshore 
disposal, excavation of bedrock within the basin by blasting from a 
temporary fill pad, and construction of a mechanically stabilized earth 
(MSE) wall.

Dates and Duration

    Work is expected to occur between January 1, 2019 and December 31, 
2019. The expected allocation of days for each activity is as follows: 
Two to ten days of vibratory pile removal, 30-45 days of dredging and 
dredge disposal, 15 days of in-water fill placement and removal, and 
two days of blasting. In winter months, shorter 8-hour to 10-hour 
workdays in available daylight are anticipated. To be conservative, 12-
hour work days were used to analyze construction noise. The daily 
construction window for blasting and dredging will begin no sooner than 
30 minutes after sunrise to allow for initial marine mammal monitoring 
to take place and will end 30 minutes before sunset to allow for post-
activity monitoring.

Specific Geographic Region

    The proposed activities would occur at Statter Harbor in Auke Bay, 
Alaska which is in the southeast portion of the state. See Figures 1 
and 4 in the application for detailed maps of the project area. Statter 
Harbor is located at the most northeasterly point of Auke Bay.

Detailed Description of Specific Activity

    Demolition and Disposal--Work proposed for 2019 includes demolition 
and disposal of the existing 16-foot (ft) (4.9-meter (m)) by 200-ft 
(61-meter) concrete boat launch ramp and planks, an 8-ft (2.4-m) by 
240-ft (73.2-m) boarding float, four 12.75-inch (in) (3.2-decimeter) 
diameter steel pipe piles, 1,152 square feet (ft) (107.0 square m) of 
timber boat haulout pier, and 16 12-in to 16-in creosote-treated timber 
piles.
    Demolition of the existing timber boat haulout pier and boat launch 
ramp will be performed with track excavators, loaders, cranes, barges, 
crane dead-pulling (preferred method), vibratory hammer (if needed), 
various hand tools, and labor forces. Existing piles will be removed 
via dead-pulling with a crane if possible, or, if not, a vibratory 
hammer will be used. Vibratory pile removal will generally consist of 
clamping the vibratory hammer to the pile and vibrating the hammer 
while extracting to a point where the pile is temporarily secured and 
removal can be completed with crane line rigging under tension. The 
pile is then completely removed from the water by hoisting with crane 
line rigging and placing on the uplands or deck of the barge. The 
applicant will dispose of demolished items in accordance with all 
Federal, state, and local regulations.
    Based on the characterization of work described below, we expect 
take of marine mammals may result from some combination of vibratory 
pile removal, dredging, and blasting activities.

Dredging and Dredge Disposal

    The project includes 24,300 cubic yards (yd\3\)(18,578.7 cubic 
meters (m\3\)) of dredging in the existing harbor. When the material is 
removed from the ground it will bulk up in the barge due to increased 
water content and fluff. To account for this a conservative bulking 
factor of 1.25 was applied to the dredged volume, resulting in up to 
30,375 yd\3\(23,223.4m\3\) of material to be disposed. Dredging will be 
performed by either an excavator or a crane with clamshell from a flat 
deck or derrick

[[Page 52396]]

barge. The barge will be fixed in place to allow the excavator access 
to an area and periodically repositioned to gain access to new areas.
    Once material is removed from the seafloor, it will be placed into 
a second belly dump dredge barge where the material will be dewatered 
and then be towed by a tug to the disposal site to be deposited. The 
target location for disposal of material was provided to the applicant 
by the Alaska Department of Fish and Game (ADF&G) just outside of the 
harbor at latitude 58[deg]22'22.08'' N and 134[deg]39'49.32'' W. Based 
on the nature of dredge disposal activity, substrate placed on a small 
barge and towed to a disposal site, we do not consider dredge disposal 
an activity that could result in take of marine mammals and do not 
consider it further. Because the dredging activity is producing sound 
underwater at levels likely audible to marine mammals and the sound 
source is concentrated underwater in a region with resident marine 
mammals it has the potential harass marine mammals and was considered 
further in our analysis.
Blasting and Excavation
    A geotechnical investigation including borehole samples and test 
probing was performed by PND Engineers in 2016 and revealed shallow 
bedrock within the harbor basin. The design depth necessary for safe 
navigation is 16 ft (4.9 m) below mean lower low water (MLLW) with an 
additional 1-ft (0.3-m) considered as potential additional depth needed 
to dredge, also termed overdredge allowance. Test probing showed that 
the top-of-rock elevations within the dredge basin range from 
approximately 4 ft below MLLW to depths greater than the design 
elevation (17 ft (5.2 m) below MLLW with overdredge allowance).
    During construction the dredging will be conducted first to remove 
the overburden from the bedrock. A survey will then be conducted to 
determine the exact extent of bedrock to be removed. The estimated 
amount of rock excavation is 1,761 yd\3\(2,000 yd\3\(1,529.1 m\3\) 
permitted volume to account for uncertainty) based on preconstruction 
surveys. Temporary fill to confine the blast will be placed using 
conventional construction equipment. A fill is poured over the area 
where blasting is planned and then the hole for the charges are made 
beginning in the fill layer. Approximately half of the fill for this 
temporary pad will be placed above the water line.
    Alaska Seismic and Environmental prepared a General Blast Plan and 
Analysis and sound pressure level (SPL) and sound exposure level (SEL) 
Isopleth Distances report (Appendix C of the application) detailing the 
bedrock removal plan and how the exclusion zones for each hearing group 
were determined. The selected methodology for the blast is to perform 
two blasts, one per day on two separate days. Each blast will be 
approximately one (1) second in duration. Both blasts will consist of 
many detonations separated by some small number of milliseconds delay. 
The number of charges will vary depending on conditions after 
overburden is removed but is anticipated to be between 50 and 75 holes 
with charges per blast. Individual charge size will depend on 
conditions after holes are drilled; maximum charge size (explosive 
weight) detonated per each 8-millisecond delay period will be limited 
to 93.5 pounds (42.4 kilograms).
    Individual charge amounts and other hole-loading details will be 
determined by the contractor's blaster-in-charge and blasting 
consultant after holes are drilled. This allows for safe and 
appropriate loading decisions to be made based on rock features such as 
voids, seams, fractures, and other discontinuities encountered during 
drilling.
    After blasting, the temporary fill will be removed with excavators, 
loaded into dump trucks, and stockpiled in the uplands to be reused 
during the MSE wall construction. The blasted material will be 
excavated, separated from the temporary fill, and hauled offsite to an 
uplands disposal site.

MSE Wall In-Water Fill Placement and Removal

    The MSE wall will be constructed with track excavators, loaders, 
vibratory drum rollers, dump trucks, various hand tools, and labor 
forces. Excavated material will be placed into dump trucks and hauled 
offsite. The concrete retaining wall blocks will be set in place one 
course at a time. Imported fill will be delivered by dump truck, spread 
behind the blocks in lifts, and compacted with vibratory rollers to 
meet design grades and compaction requirements. A layer of geotextile 
fabric will be placed behind the wall on the compacted fill with each 
course of blocks. A total of 6,800 yd\3\ (5,199 m\3\) of shot rock 
material will be placed below the high tide line (HTL) behind the MSE 
wall.
    A 5-ft (1.5-m) thick armored dredge basin slope will require an 
additional 650 yd\3\(497 m\3\) of armor rock material, and a lower 2-ft 
(0.6-m) thick slope will require an additional 1,350 yd\3\(1,032.1 
m\3\) of material. Total fill material placed below the HTL is not 
expected to exceed 8,800 yd\3\(6,728.1 m\3\). All work in intertidal 
zones will be performed during low tides so that all material will be 
placed above current water levels. Because all material will be placed 
above current water levels, we do not expect take of marine mammals 
from this activity.
    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

    Seven species of marine mammal have been documented in southeast 
Alaska waters in the vicinity of Statter Harbor. These species are: 
harbor seal, harbor porpoise, Dall's porpoise, killer whale, humpback 
whale, minke whale, and Steller sea lion. Of these species, only three 
are known to occur in Statter Harbor: harbor seal, Steller sea lion, 
and humpback whale.
    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS's Stock Assessment Reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports) 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 1 lists all species with expected potential for occurrence in 
Statter Harbor 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 
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 no mortality is anticipated or authorized 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

[[Page 52397]]

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. 
Alaska Region Draft 2018 SAR (Muto et al, 2018). All values presented 
in Table 1 are the most recent available at the time of publication and 
are available in the Draft 2018 SAR (Muto et al, 2018).

                                             Table 1--Species With the Potential to Occur in Statter Harbor
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                                                                                         ESA/MMPA status;    Stock abundance (CV,
             Common name                  Scientific name               Stock             Strategic (Y/N)      Nmin, most recent       PBR     Annual M/
                                                                                                \1\          abundance survey) \2\               SI \3\
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                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae (rorquals)
    Humpback whale..................  Megaptera noveangliae..  Central North Pacific..  E,D,Y               10,103 (0.3, 7,891,            83         26
                                                                                                             2006).
    Minke whale.....................  Balaenoptera             Alaska.................  -; N                N/A...................        Und          0
                                       acutorostrata.
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                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae
    Killer whale....................  Orcinus orca...........  Northern Resident......  -; N                261 (N/A, 261, 2011)..       1.96          0
    Killer whale....................  Orcinus orca...........  Gulf of Alaska           -; N                587 (N/A, 587, 2012)..       5.87          1
                                                                transient.
    Killer whale....................  Orcinus orca...........  West Coast Transient...  -; N                243 (N/A, 243, 2009)..        2.4          0
Family Phocoenidae (porpoises)
    Harbor porpoise.................  Phocoena phocoena......  Southeast Alaska.......  -; Y                975 (0.14, 872, 2012).        8.7         34
    Dall's porpoise.................  Phocoenoides dalli.....  Alaska.................  -; N                83,400 (0.097, N/A,           Und         38
                                                                                                             1991).
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                                                         Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and
 sea lions)
    Steller sea lion................  Eumetopias jubatus.....  Western DPS............  E/D; Y              54,267 (N/A; 54,267,          326        252
                                                                                                             2017).
    Steller sea lion................  Eumetopias jubatus.....  Eastern DPS............  T/D; Y              41,638 (N/A, 41,638,         2498        108
                                                                                                             2015).
Family Phocidae (earless seals)
    Harbor seal.....................  Phoca vitulina.........  Lynn Canal.............  -; N                9,478 (N/A, 8,605,            155         50
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
Note: Italicized species are not expected to be taken or proposed for authorization.

    All species that could potentially occur in the proposed survey 
areas are included in Table 1. It is unlikely the species italicized 
above in Table 1 are likely to venture far enough into the harbor to 
enter the acoustic isopleths where we expect take to occur. The spatial 
occurrence of minke whale and Dall's porpoise is such that take is not 
expected to occur, and they are not discussed further beyond the 
explanation provided here. While these species have been sighted in 
southeast Alaska more broadly, these sightings have been recorded for 
areas closer to the ocean. Auke Bay is separated from the Pacific by 
multiple barrier islands and Statter Harbor is located in the most 
inland section of the bay, making the occurrence of species 
infrequently sighted farther seaward even less likely. Killer whales 
are not known to occur frequently in Auke Bay, although they have been 
sighted infrequently, with no obvious temporal pattern to the 
sightings. While it is possible killer whales could enter Auke Bay 
during work, it is unlikely they would continue as far inland as 
Statter Harbor. If killer whales did venture into Statter Harbor to a 
distance where acoustic exposure would be a concern, they would be 
easily identifiable to observers stationed in the harbor for mitigation 
and monitoring purposes and a shutdown would be ordered. Therefore, 
take of killer whales from these activities is unlikely to occur and 
they are not considered further in this document. The work proposed in 
Statter Harbor is in a very sheltered and inland harbor with a 
consistent sightings record of the three species considered further: 
Steller sea lion, humpback whale, and harbor seal. Harbor porpoise, 
while infrequently sighted near Statter Harbor, are considered further 
as their fast swim speeds and small size make detection to implement 
mitigation measures difficult. The species for which take is 
anticipated are described below.

Humpback whale

    Humpbacks that breed around the main Hawaiian Islands have been 
observed in summer feeding grounds throughout the North Pacific. The 
majority of the humpbacks found in Southeast Alaska and northern 
British Columbia have migrated from Hawaii for foraging opportunities 
and belong to the Hawaii DPS (Bettridge et al, 2015). Wade et al. 
(2016) estimated that 93.9 percent of the humpbacks encountered in 
Southeast Alaska and Northern British Columbia are from the Hawaii DPS, 
with the remaining percentage of humpbacks coming from the Mexico DPS.
    While in their Alaskan feeding grounds, humpback whales prey on a 
variety of euphausiids and small schooling fishes including herring, 
smelt, capelin, sandlance, juvenile

[[Page 52398]]

pollock, and salmon smolts (Kawamura 1980, Krieger and Wing 1986, 
Witteveen et al. 2008, Straley et al. 2017, Chenoweth et al. 2017). 
Herring targeted by Southeast Alaska whales in Lynn Canal during 2007-
2009 winters were lipid-rich, with energy content ranging from 7.3-10.0 
kJ/gram (Vollenweider et al. 2011). The local distribution of humpbacks 
in Southeast Alaska appears to be correlated with the density and 
seasonal availability of prey, particularly herring and euphausiids 
(Moran et al. 2017). Important feeding areas include Glacier Bay and 
adjacent portions of Icy Strait, Stephens Passage/Frederick Sound, 
Seymour Canal, Lynn Canal, and Sitka Sound and these areas have been 
included in the designation of a Biologically Important Area for 
humpbacks in the Gulf of Alaska. During autumn and winter, the non-
breeding season, humpbacks remaining in Southeast Alaska target areas 
where herring and eulachon are abundant, such as Seymour Canal, Berners 
Bay, Auke Bay, Lynn Canal, and Stephens Passage (Krieger and Wing 1986, 
Moran et al. 2017). Over 2,940 and 2,019 humpback whale foraging-days 
were documented in Lynn Canal alone in 2007-2008 and 2008-2009 winter 
seasons, respectively (Moran et al. 2017).
    Fidelity to feeding grounds by individual humpbacks is well 
documented; interchange between Alaskan feeding grounds is rare 
(Witteveen and Wynne 2017). Long-term research and photo-identification 
efforts have documented individual humpbacks that have returned to the 
same feeding grounds for as many 45 years (Straley 2017, Witteveen and 
Wynne 2017, Gabriele et al. 2017). Based on fluke pattern 
identification, Krieger, Baker and Wing identified 189 unique whales in 
the Juneau to Glacier Bay and Seymour Canal area (Krieger et al. 1986). 
In recent years, 179 individual humpback whales were identified from 
the Juneau area, based upon fluke photographs taken between 2006 and 
2014 (Teerlink 2017). Humpback whales occur in the project area 
intermittently year-round. Auke Bay and Statter Harbor are thought to 
have certain habitat features that attract humpback whales in recent 
years. The aggregation of herring in inner Auke Bay provide a habitat 
where whales may make energetic decisions to exploit small volumes of 
fish and rest to conserve energy between foraging opportunities.
    Humpback whales utilize habitats in the project area 
intermittently. The breakwater and other dock structures appear to 
serve as fish-attracting devices, where forage fish (herring, capelin, 
sandlance, pollock, and juvenile salmon) aggregate and are targeted by 
diving humpback whales. Two humpback whales in recent years have also 
targeted a shallow trough off the east end of the Statter Harbor 
breakwater for deeper diving foraging excursions targeting herring and 
possibly juvenile pollock (Ridgway pers. observ.). Some individual 
whales enter Auke Bay through the north Coghlan Island entrance and 
conduct a pattern of exploitation or ``browsing'' in the bay and inner 
harbor. In this area some whales lunge feed and gulp massive volumes of 
feed in seawater immediately adjacent to or rubbing against boats, 
docks and other structures in deep to shallow waters throughout the 
action area. These whales have been observed continuing a pattern 
search alongshore to Auke Creek and up Fritz Cove, where they have been 
seen lunge feeding in small coves and gullies in shallow water to 
aggregate schooling fish.
    Because humpback whale individuals of different DPS origin are 
indistinguishable from one another in Alaska (unless fluke patterns are 
linked to the individual in both feeding and breeding ground), the 
frequency of occurrence of animals by DPS is only estimated using the 
DPS ratio, based upon the assumption that the ratio is consistent 
throughout the Southeast Alaska region (Wade et al. 2016).

Harbor seals

    The Lynn Canal/Stephens Passage stock is found in the project area 
waters. The current population estimate for the Lynn Canal/Stephens 
Passage stock is 9,478 individuals, and the 5-year trend estimate is -
176. The probability of decrease of this stock is 0.71, indicating that 
evidence suggests that the stock is declining, however 9 of the 12 
Alaska harbor seal stocks are showing a trend of increasing populations 
(Muto et al. 2018). Typically harbor seals will stay within 16 miles 
(25 km) of shore, but they have been found up to 62 miles (100 km) from 
the shore (Klinkhart et al. 2008). Harbor seal movement is highly 
variable, with no seasonal patterns identified.
    Harbor seals use a variety of terrestrial sites to haul out for 
resting (year-round), pupping (May-July), and molting (August-
September) including tidal and intertidal reefs, beaches, sand bars, 
and glacial/sea ice (Sease 1992; Klinkhart et al. 2008). Some sites 
have traditional/historic value for pupping and molting while others 
are used as temporary resting sites during seasonal foraging trips.
    Harbor seals are residents of the project area and observed within 
the harbor on a regular basis and can be found within the immediate 
project vicinity on a daily basis. Over the last three winters, a group 
of up to 12 harbor seals has been observed in inner Statter Harbor near 
the harbormaster building along with 1-2 dispersed seals near the Auke 
Creek shoreline (Kate Wynne pers. observ.). Additionally, other counts 
from 2014-2016 recorded 2-16 animals within Statter Harbor. Up to 52 
individual seals have been photographed simultaneously hauled out on 
the nearby dock at Fishermen's Bend, located in the northwest corner of 
Statter harbor (Ridgway unpubl. Data). It is assumed that the majority 
of animals that haul out on the nearby floats at Fishermen's Bend are 
likely to go under water and resurface throughout the duration of the 
project. However, further clarification on the number of individual 
seals likely to occur in the project area is difficult as harbor seals 
are not easily identifiable at an individual level.

Steller Sea Lions

    The Steller sea lion was listed as a threatened species under the 
ESA in 1990 following declines of 63 percent on certain rookeries since 
1985 and declines of 82 percent since 1960 (55 FR 12645). In 1997, two 
DPSs of Steller sea lion were identified based on differences in 
genetics, distribution, phenotypic traits, and population trends: the 
Western DPS and Eastern DPS (Fritz et al. 2013).
    The Eastern DPS (eDPS) is commonly found in the project area waters 
and were most recently surveyed in Southeast Alaska in June-July of 
2015. The current population estimate for the eDPS is 71,562 
individuals of which 52,139 are non-pups and 19,423 are pups. In 
Southeast Alaska the estimated total abundance is 28,594 individuals of 
which 20,756 are non-pups and 7,838 are pups. The eDPS has been 
increasing between 1990 to 2015 with an estimated annual increase of 
4.76 percent for pups and 2.84 percent for non-pups. (Muto et al. 2018) 
The Western DPS (wDPS) is found infrequently in the project area 
waters, but have been sighted previously. The current abundance 
estimate for the U.S. portion of the wDPS is 50,983 of which 12,492 
were pups and 38,491 were non-pups. This is the minimum estimate for 
only the U.S. portion of the wDPS. It is the minimum count because the 
counts were not corrected for animals at sea during the survey. The 
overall trend for the wDPS in Alaska is an annual increase of 1.94

[[Page 52399]]

percent for non-pups and 1.87 percent for pups. (Muto et al. 2018)
    There is no critical habitat designated for Steller sea lions 
within the action area. The action area is located approximately 12 
nautical miles (22.22 kilometers) from around Benjamin Island, well 
outside of the 3,000-ft (914.4-m) designated critical habitat boundary 
designation.
    Steller sea lions occur in Auke Bay in winter on an intermittent 
basis, but their genetic and stock-designation identities are rarely 
known: individuals are indistinguishable unless sea lions are branded 
(and the brand is observed). Satellite-tagged individual animals from 
the Benjamin Island haulout and Auke Bay were observed multiple times 
between November 2010 and January 2011 (Fadely 2011), and the Auke Bay 
boating community frequently observes Steller sea lions moving to and 
from the haulout complex into Auke Bay.
    From 2013-2017, Steller sea lions have been documented in Auke Bay 
travelling as individuals or in herds of 50 to an estimated 120+ 
animals, during every month of the winter season. During winter 2015-
2016, Steller sea lions foraged aggressively on young herring and 1-2-
year-old Walleye pollock for over 20 days, continuously. Some sea lions 
were also observed consuming small flatfish, likely yellowfin sole, 
harvested from the seafloor (depth 25-45 m), during this period. While 
no sea lions were observed hauled out on beaches or structures in the 
harbor, large rafts of 20-50 animals formed and rested in the outer 
harbor area between foraging bouts. Simultaneous surface counts of 121 
individual sea lions suggests that likely upwards of 200 animals or 
more were targeting prey in Statter Harbor during herring aggregation 
events. These 121 to 200 animals comprise roughly 20 to 30 percent of 
the animals typically found at the Benjamin Island and Little Island 
haulout complexes during winter months. (Ridgway pers. observ.)
    Only three individual, branded wDPS Steller sea lions have been 
observed at Benjamin Island, the closest haulout, from 2003-2006 with a 
maximum of 3 sightings per individual. No branded wDPS individuals have 
been observed in the ADF&G surveys from 2007-2016. The 2007 ADF&G 
surveys offer the most abundant data for Steller sea lion counts at 
Benjamin Island. A total of 11 surveys were conducted between January 
and July 2017, ranging from 0-768 Steller sea lions, with an average 
count of 404 individuals. In 2007 no wDPS animals were observed. While 
it is possible an individual from the wDPS may be at the Benjamin 
Island haulout, it is rare, and none have been documented at this 
haulout for the last decade (Jemison pers. comm. 2017).
    Although recent data in the northern part of the eastern DPS 
indicate movement of western sea lions east of the 144[deg] line, the 
mixed part of the range remains small (Jemison et al. 2013). Based on 
observations by ADF&G over the last decade this project is unlikely to 
impact wDPS individuals. A recent IHA application for the Haines Ferry 
Terminal indicated that using branded animal ratios, a conservative 
estimate of 1.6 percent eDPS individuals may occur at the Gran Point 
haulout based on personal communication the applicant had with the 
Alaska Regional Office (shown in Figure 5 in the application). To be 
conservative it is assumed that 2 percent of the Steller sea lions at 
in this project area may be from the wDPS.

Harbor Porpoise

    In Alaska, harbor porpoises are currently divided into three 
stocks, based primarily on geography: (1) The Southeast Alaska stock--
occurring from the northern border of British Columbia to Cape 
Suckling, Alaska, (2) the Gulf of Alaska stock--occurring from Cape 
Suckling to Unimak Pass, and (3) the Bering Sea stock--occurring 
throughout the Aleutian Islands and all waters north of Unimak Pass. 
Only the Southeast Alaska stock is considered in this proposed IHA 
because the other stocks are not found in the geographic area under 
consideration.
    There are no subsistence uses of this species; however, as noted 
above, entanglement in fishing gear contributes to human-caused 
mortality and serious injury. Muto et al. (2018) also reports harbor 
porpoise are vulnerable to physical modifications of nearshore habitats 
resulting from urban and industrial development (including waste 
management and nonpoint source runoff) and activities such as 
construction of docks and other over-water structures, filling of 
shallow areas, dredging, and noise (Linnenschmidt et al., 2013).
    Information on harbor porpoise abundance and distribution in Auke 
Bay has not been systematically collected. While sightings of harbor 
porpoise in Statter Harbor are rare, they are an inconspicuous species, 
often traveling alone or in pairs, difficult for marine mammal 
observers to sight, making any approach to a monitoring zone 
potentially difficult to detect. The applicant did not request 
authorization of take of harbor porpoise because they are not known to 
regularly occur in the vicinity of the project site. However, because 
the species has been rarely observed in the area and due to the 
difficulty of implementing mitigation sufficient to avoid incidental 
take of animals that do occur in the area, we have determined it 
appropriate to propose authorization of take of harbor porpoise

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 
decibels (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 hertz (Hz) and 35 
kilohertz (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,

[[Page 52400]]

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, please see NMFS (2018) for a review of available information. 
Four marine mammal species (two cetacean and two pinniped (one otariid 
and one phocid) species) have the reasonable potential to co-occur with 
the proposed survey activities. Please refer to Table 1. Of the 
cetacean species that may be present, humpback whales are classified as 
low-frequency cetaceans, and harbor porpoise are classified as high-
frequency cetaceans.

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 by Incidental Harassment 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 by Incidental Harassment 
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 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. 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 [micro]Pa and all 
airborne sound levels in this document are referenced to a pressure of 
20 [micro]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; and
     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

[[Page 52401]]

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 Sounds Sources
    In-water construction activities associated with the project would 
include vibratory pile removal, dredging, and blasting. Sound sources 
can be divided into broad categories based on various criteria or for 
various purposes. With regard to temporal properties, sounds are 
generally considered to be either continuous or transient (i.e., 
intermittent). Continuous sounds are simply those whose sound pressure 
level remains above ambient sound during the observation period (ANSI, 
2005). Intermittent sounds are defined as sounds with interrupted 
levels of low or no sound (NIOSH, 1998). Sound sources may also be 
categorized based on their potential to damage hearing. 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) are by definition intermittent, and 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 intermittent (ANSI 1995; 
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.
    The use of explosives for two days of blasting, is considered an 
impulsive sound, which is characterized by a short duration, abrupt 
onset, and rapid decay. Exposure to high intensity sound may result in 
behavioral reactions and auditory effects such as a noise-induced 
threshold shift--an increase in the auditory threshold after exposure 
to noise (Finneran et al., 2005). The proposed project also includes 
the use of various low-level non-impulsive acoustic sources including 
dredging, that would consistently emit noise for an extended period of 
time (up to 45 days) and increase vessel traffic in the vicinity of a 
small harbor. The source levels as well as impacts from dredging and 
fill placement activities are sources with generally lower source 
levels than many other sources we consider and are not thought to be 
dissimilar to ambient noise levels in an area with sustained 
anthropogenic activity and vessel traffic, such as Statter Harbor, and 
may range from having the potential to cause Level B harassment to 
exposure to noise that does not result in harassment. Here, we make 
conservative assessments of the potential to harass marine mammals 
incidental to the project and, in the Estimated Take section, 
accordingly propose to authorize take, by Level B harassment only for 
some of these lesser known sources.

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; 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 City of Juneau'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 City of Juneau'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, 2005b). 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

[[Page 52402]]

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 that which induces mild TTS: a 40-dB 
threshold shift approximates PTS onset; e.g., Kryter et al., 1966; 
Miller, 1974), whereas 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 impulse 
sounds (such as bombs) 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 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 
(Mirounga angustirostris), harbor seal, and California sea lion 
(Zalophus californianus)) 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).

Physiological Effects

    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 City of Juneau's 
activities involve the use of devices such as explosives, which has 
been associated with these types of effects. The underwater explosion 
will send a shock wave and blast noise through the water, release 
gaseous by-products, create an oscillating bubble, and cause a plume of 
water to shoot up from the water surface. The shock wave and blast 
noise are of most concern to marine animals. The effects of an 
underwater explosion on a marine mammal depends on many factors, 
including the size, type, and depth of both the animal and the 
explosive charge; the depth of the water column; and the standoff 
distance between the charge and the animal, as well as the sound 
propagation properties of the environment. Potential impacts can range 
from brief effects (such as behavioral disturbance), tactile 
perception, physical discomfort, slight injury of the internal organs 
and the auditory system, to death of the animal (Yelverton et al., 
1973; DoN, 2001). Non-lethal injury includes slight injury to internal 
organs and the auditory system; however, delayed lethality can be a 
result of individual or cumulative sublethal injuries (DoN, 2001). 
Immediate lethal injury would be a result of massive combined trauma to 
internal organs as a direct result of proximity to the point of 
detonation (DoN 2001). Generally, the higher the level of impulse and 
pressure level exposure, the more severe the impact to an individual.
    Injuries resulting from a shock wave take place at boundaries 
between tissues of different density. Different velocities are imparted 
to tissues of different densities, and this can lead to their physical 
disruption. Blast effects are greatest at the gas-liquid interface 
(Landsberg 2000). Gas-containing organs, particularly the lungs and 
gastrointestinal (GI) tract, are especially susceptible (Goertner 1982; 
Hill 1978; Yelverton et al., 1973). In addition, gas-containing organs 
including the nasal sacs, larynx, pharynx, trachea, and lungs may be 
damaged by compression/expansion caused by the oscillations of the 
blast gas bubble. Intestinal walls can bruise or rupture, with 
subsequent hemorrhage and escape of gut contents into the body cavity. 
Less severe GI tract injuries include contusions, petechiae (small red 
or purple spots caused by bleeding in the skin), and slight 
hemorrhaging (Yelverton et al., 1973).
    Because the ears are the most sensitive to pressure, they are the 
organs most sensitive to injury (Ketten 2000). Sound-related damage 
associated with blast noise can be theoretically distinct from injury 
from the shock wave, particularly farther from the explosion. If an 
animal is able to hear a noise, at some level it can damage its hearing 
by causing decreased sensitivity (Ketten 1995). Sound-related trauma 
can be lethal or sublethal. Lethal impacts are those that result in 
immediate death or serious debilitation in or near an intense source 
and are not, technically, pure acoustic trauma (Ketten 1995). Sublethal 
impacts include hearing loss, which is caused by exposures to 
perceptible

[[Page 52403]]

sounds. Severe damage (from the shock wave) to the ears includes 
tympanic membrane rupture, fracture of the ossicles, damage to the 
cochlea, hemorrhage, and cerebrospinal fluid leakage into the middle 
ear. Moderate injury implies partial hearing loss due to tympanic 
membrane rupture and blood in the middle ear. Permanent hearing loss 
also can occur when the hair cells are damaged by one very loud event, 
as well as by prolonged exposure to a loud noise or chronic exposure to 
noise. The level of impact from blasts depends on both an animal's 
location and, at outer zones, on its sensitivity to the residual noise 
(Ketten 1995).
    The above discussion concerning underwater explosions only pertains 
to open water detonations in a free field without mitigation. 
Therefore, given the low weight of the charges and small size of the 
detonation relative to large open water detonations in conjunction with 
monitoring and mitigation measures discussed below, The City of 
Juneau's two blasting events are not likely to have injury or mortality 
effects on marine mammals in the project vicinity. Instead, NMFS 
considers that The City of Juneau 's blasts are most likely to cause 
behavioral harassment and may cause TTS in a few individual marine 
mammals, as discussed below.

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, intermittent 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). 
This highlights the importance of assessing the context of the acoustic 
effects alongside the received levels anticipated. Severity of effects 
from a response to an acoustic stimuli can likely vary based on the 
context in which the stimuli was received, particularly if it occurred 
during a biologically sensitive temporal or spatial point in the life 
history of the animal. 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, 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 vary 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

[[Page 52404]]

resulting from anthropogenic sound exposure (e.g., Kastelein et al., 
2001, 2005b, 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., 2007b). 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 
(Eschrictius robustus) 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.

Stress Response

    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.
    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

[[Page 52405]]

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).

Acoustic Effects, Underwater

    The effects of sounds from The City of Juneau's proposed activities 
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 removal or dredging 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 removal or dredging 
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 removal and dredging 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. The characteristics of dredging noise are such that there 
is a clear impulse peak, from the impact of the dredge making contact 
with the substrate, but then there is a prolonged period of sound which 
is the noise of the continual operation of the dredge delving the 
sediment. As such, we have chosen to consider the characteristics noise 
as a continuous source despite the impulse at the beginning of the 
waveform characterizing dredging noise. 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. 
Soft porous substrates would also likely require less time to extract 
the pile or dredge the substrate, and possibly less forceful equipment, 
which would ultimately decrease the intensity of the acoustic source.
    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 blasting 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 
sounds involved 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). Due to the use mitigation measures discussed 
in detail in the Proposed Mitigation Section, it is unlikely but 
possible that PTS could occur from blasting.

Disturbance Reactions

    Responses to continuous sound, such as vibratory pile installation, 
have not been documented as well as responses to intermittent sounds. 
With pile removal as well as dredging activities, it is likely that the 
onset of sound sources 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 (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).
    The biological significance of many of these behavioral 
disturbances is difficult to predict, especially if the detected 
disturbances appear minor. However, the consequences of behavioral 
modification could be biologically significant if the change affects 
growth, survival, or reproduction. Significant behavioral modifications 
that could potentially lead to effects on growth, survival, or 
reproduction include:
     Drastic changes in diving/surfacing patterns (such as 
those thought to cause beaked whale stranding due to exposure to 
military mid-frequency tactical sonar);
     Longer-term habitat abandonment due to loss of desirable 
acoustic environment; and
     Longer-term cessation of feeding or social interaction.
    The onset of behavioral disturbance from anthropogenic sound 
depends on both external factors (characteristics of sound sources and 
their paths) and the specific characteristics of the receiving animals 
(hearing, motivation, experience, demography) and is difficult to 
predict (Southall et al., 2007).

Auditory Masking

    Sound can disrupt behavior through masking, or interfering with, an 
animal's ability to detect, recognize, or discriminate between acoustic 
signals of interest (e.g., those used for intraspecific communication 
and social interactions, prey detection, predator avoidance, 
navigation) (Richardson et al., 1995). Masking occurs when the receipt 
of a sound is interfered with by another coincident sound at similar 
frequencies and at similar or higher intensity, and may occur whether 
the sound is natural (e.g., snapping shrimp, wind, waves, 
precipitation) or anthropogenic (e.g., shipping, sonar, seismic 
exploration) in origin. The ability of a noise source to mask 
biologically important sounds depends on the characteristics of both 
the noise source and the signal of interest (e.g., signal-to-noise 
ratio, temporal variability, direction), in relation to each other and 
to an animal's hearing abilities (e.g., sensitivity, frequency range, 
critical ratios, frequency discrimination, directional discrimination, 
age or TTS hearing loss), and existing ambient noise and propagation 
conditions.
    Under certain circumstances, marine mammals experiencing 
significant masking could also be impaired from maximizing their 
performance fitness in survival and reproduction. Therefore, when the 
coincident (masking) sound is man-made, it may be considered harassment 
when disrupting or altering critical behaviors. It is important to 
distinguish TTS and PTS, which persist after the sound exposure, from 
masking, which occurs during the sound exposure. Because masking 
(without resulting in TS) is not associated with

[[Page 52406]]

abnormal physiological function, it is not considered a physiological 
effect, but rather a potential behavioral effect.
    The frequency range of the potentially masking sound is important 
in determining any potential impacts. For example, low-frequency 
signals may have less effect on high-frequency echolocation sounds 
produced by odontocetes but are more likely to affect detection of 
mysticete communication calls and other potentially important natural 
sounds such as those produced by surf and some prey species. The 
masking of communication signals by anthropogenic noise may be 
considered as a reduction in the communication space of animals (e.g., 
Clark et al., 2009) and may result in energetic or other costs as 
animals change their vocalization behavior (e.g., Miller et al., 2000; 
Foote et al., 2004; Parks et al., 2007b; Di Iorio and Clark 2009; Holt 
et al., 2009). Masking can be reduced in situations where the signal 
and noise come from different directions (Richardson et al., 1995), 
through amplitude modulation of the signal, or through other 
compensatory behaviors (Houser and Moore 2014). Masking can be tested 
directly in captive species (e.g., Erbe 2008), but in wild populations 
it must be either modeled or inferred from evidence of masking 
compensation. There are few studies addressing real-world masking 
sounds likely to be experienced by marine mammals in the wild (e.g., 
Branstetter et al., 2013).
    Masking affects both senders and receivers of acoustic signals and 
can potentially have long-term chronic effects on marine mammals at the 
population level as well as at the individual level. Low-frequency 
ambient sound levels have increased by as much as 20 dB (more than 
three times in terms of SPL) in the world's ocean from pre-industrial 
periods, with most of the increase from distant commercial shipping 
(Hildebrand 2009). All anthropogenic sound sources, but especially 
chronic and lower-frequency signals (e.g., from vessel traffic), 
contribute to elevated ambient sound levels, thus intensifying masking.

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. 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 other than the 
occurrence of the foraging BIA for humpback whales. While humpbacks are 
known to feed in Statter Harbor, this is a small portion of the overall 
area designated as important. The small portion of the BIA affected by 
the construction noise, in conjunction with the short temporal scale of 
construction activity (57 days, only in daylight hours) make it 
unlikely the effects of the construction will significantly alter the 
foraging habitat of humpbacks in southeast Alaska. 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 pile removal, dredging, and blasting 
in the area. However, other potential impacts to the surrounding 
habitat from physical disturbance are also possible.

In-Water Construction Effects on Potential Prey (Fish)

    Construction activities would produce continuous (i.e., vibratory 
pile removal and dredging) and pulsed (blasting) 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 impulsive sounds such as 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 pulses 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 removal and dredging 
activities at the 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. While impacts from blasting 
to fish are more severe, including barotrauma and mortality, the blast 
will last approximately one second on each of two days, making the 
duration of this impact short term. In general, impacts to marine 
mammal prey species are expected to be minor and temporary due to the 
short timeframe for the project.

Effects on Potential Foraging Habitat

    The area likely impacted by the project is relatively small 
compared to the available habitat in Auke Bay (e.g., most of the 
impacted area is limited near the northwest corner of the 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 construction activity 
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 in 
Auke Bay.
    The duration of the construction activities is relatively short. 
The construction window is for a maximum of 57 days and each day, 
construction activities would occur for less than half of 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 construction activities and the relatively small areas being 
affected, the proposed actions 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, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).

[[Page 52407]]

    Authorized takes would primarily be by Level B harassment, as use 
of the explosives, vibratory pile removal, and dredging has the 
potential to result in disruption of behavioral patterns for individual 
marine mammals. There is also some potential for auditory injury and 
(Level A harassment) to result from blasting, primarily for high 
frequency species and phocids because predicted auditory injury zones 
are larger than for low-frequency species and otariids. The proposed 
mitigation and monitoring measures are expected to minimize the 
severity of such taking to the extent practicable.
    As described previously, no mortality is anticipated or 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 the 
factors considered here 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). Thresholds have also 
been developed to identify the pressure levels above which animals may 
incur different types of tissue damage from exposure to pressure waves 
from explosive detonation.
    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. This threshold is not applied to single 
detonations as the sound is instantaneous in nature such that a 
behavioral harassment is not expected to result, although TTS may 
occur. 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 intermittent (e.g., impact pile 
driving) sources.
    The City of Juneau's proposed activity includes the use of 
continuous sounds (vibratory pile removal, dredging) and therefore the 
120 dB re 1 [mu]Pa (rms) threshold for behavioral harassment is 
applicable. While the proposed activity also includes impulsive sounds 
(blasting), the 160 dB re 1 1 [mu]Pa (rms) threshold for behavioral 
harassment is not applicable, as behavioral harassment is not expected 
from single detonation events, although TTS is possible.
    Level A harassment for non-explosive sources--NMFS' Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (Version 2.0) (Technical Guidance, 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 City of Juneau's proposed activity 
includes the use non-impulsive (dredging, vibratory pile removal) 
sources.
    These thresholds are provided in the table below. The references, 
analysis, and methodology used in the development of the thresholds are 
described in NMFS 2018 Technical Guidance, which may be accessed at: 
http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

                     Table 2--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
                                                             PTS onset acoustic thresholds *
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: Lpk,flat: 219 dB;   Cell 2: LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans...........  Cell 3: Lpk,flat: 230 dB;   Cell 4: LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans..........  Cell 5: Lpk,flat: 202 dB;   Cell 6: LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater).....  Cell 7: Lpk,flat: 218 dB;   Cell 8: LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater)....  Cell 9: Lpk,flat: 232 dB;   Cell 10: LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1[mu]Pa, and cumulative sound exposure (LE) has a
  reference value of 1[mu]Pa\2\s. In this Table, thresholds are abbreviated to reflect American National
  Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
  frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
  being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized
  hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the
  designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and
  that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be
  exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it
  is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.

    Explosive sources--Based on the best available science, NMFS uses 
the acoustic and pressure thresholds indicated in Table 3 to predict 
the onset of behavioral harassment, PTS, tissue damage, and mortality.

[[Page 52408]]

[GRAPHIC] [TIFF OMITTED] TN17OC18.026

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 
coefficient.
    Vibratory removal--The closest known measurements of vibratory pile 
removal similar to this project are from the Kake Ferry Terminal 
project for vibratory extraction of an 18-in steel pile. The extraction 
of 18-in steel pipe pile using a vibratory hammer resulted in 
underwater noise levels reaching 156.2 dB RMS at 7 m (Denes et al. 
2016). The pile diameters for the proposed project are smaller, thus 
the use of noise levels associated with the pile extraction at Kake may 
be somewhat conservative. For timber pile removal, the Seattle Pier 62/
63 sound source verification report contains an appendix with source 
measurements at different distances for 63 individual pile removals 
(WSDOT, 2015). When the data are normalized to 10 m, the median source 
level is 152 dB RMS at 10 m.
    Dredging--For dredging, sound source data was used from bucket 
dredging operations in Cook Inlet, Alaska (Dickerson et al. 2001). 
Dredging in that project consisted of six distinct events, including 
the bucket striking the channel bottom, bucket digging, winch in/out as 
the bucket is lowered/raised, dumping of the material on the barge and 
emptying the barge at the disposal site. Although the waveform of the 
bucket strike has a high peak sound pressure with rapid rise time and 
rapid decay (characteristics typical of an impulsive sound source), the 
duration of the source signal was longer than what is often considered 
for an impulsive sound source, about 50 seconds, which is the 
approximate duration of one continuous noise signal from the dredging 
equipment. The events following the initial waveform impulse were of 
longer duration and were non-impulsive in form and therefore dredging 
was analyzed as a continuous source. Dickerson et al (2001) took 104 
SPL RMS measurements for the first five distinct phases of the dredging 
cycle and averaged them, including the impulse in the waveform of the 
dredge making contact with the substrate. These averages were distance 
corrected to determine an average SPL of 150.5 dB RMS at 1 m for the 
bucket dredging process, with an assumed maximum duration of up to 50 
seconds, of non-impulsive, continuous noise.
    Blasting--Historic data from an analog project were analyzed to 
create a conservative attenuation model for anticipated pressure levels 
from confined blasting in drilled shafts in underwater bedrock. Sound 
pressure data from the analog project was analyzed to compare source 
pressure levels to received impulse levels (Alaska Seismic, 2018). 
These models were used to predict distances to the peak level and 
impulse thresholds summarized above in Table 3. Cumulative source 
levels from the analog project were used in conjunction with the NMFS 
2018 updated User Spreadsheet Tool for predicting threshold shift 
isopleths for multiple detonations, after being corrected to a 1-m 
reference source level. The median of 10 measurements, consisting of 
detonations ranging from 19 to 78 individual holes for the detonation, 
resulted in a source level of 227.98 dB single shot SEL.
    When the NMFS Technical Guidance (2016) was published, in 
recognition of the fact that ensonified area/volume could be more 
technically challenging to predict because of the duration component in 
the new thresholds, NMFS developed a User Spreadsheet that includes 
tools to help predict a simple isopleth that can be used in conjunction 
with marine mammal density or occurrence to help predict takes. We note 
that because of some of the assumptions included in the methods used 
for these tools, we anticipate that isopleths produced are typically 
going to be overestimates of some degree, which may result in some 
degree of overestimate of Level A harassment take. However, these tools 
offer the best way to predict appropriate isopleths when more 
sophisticated 3D modeling methods are not available, and NMFS continues 
to develop ways to quantitatively refine these tools, and will 
qualitatively address the output where appropriate. For stationary 
sources, the NMFS User Spreadsheet predicts the closest distance at 
which, if

[[Page 52409]]

a marine mammal remained at that distance the whole duration of the 
activity, it would not incur PTS. Inputs used in the User Spreadsheet, 
and the resulting isopleths are reported below.

                                      Table 4--NMFS User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
                                               Timber removal   Steel removal       Dredging         Blasting
                                             -------------------------------------------------------------------
                                                                                                       E.2:
                                                                                                   Explosives:
            Spreadsheet tab used               A.1: Vibratory   A.1: Vibratory   A: Stationary:     impulsive,
                                                pile driving     pile driving    non-impulsive,    intermittent
                                                                                   continuous       (multiple
                                                                                                   detonations)
----------------------------------------------------------------------------------------------------------------
Source Level (Single Strike/shot SEL).......  ...............  ...............  ...............          227.975
Source Level (RMS SPL)......................              152            156.2            150.5  ...............
Weighting Factor Adjustment (kHz)...........              2.5              2.5                2                1
(a) Number of strikes/detonations in 1 h....  ...............  ...............  ...............                1
(a) Activity Duration (h) within 24-h period  ...............  ...............               11                1
Propagation (xLogR).........................               15               15               15               20
Distance of source level measurement (m) \+\               10                7                1  ...............
# of piles/shots in a 24 h period...........               16                4  ...............                1
Duration to drive (remove) a single pile                   20               20  ...............  ...............
 (min)......................................
----------------------------------------------------------------------------------------------------------------

    When using the inputs from Table 4, the outputs generated are 
summarized below in Table 5.

                                Table 5--NMFS User Spreadsheet Generated Outputs
                                            [User Spreadsheet Output]
----------------------------------------------------------------------------------------------------------------
                                                                     PTS Isopleth (meters)
                                             -------------------------------------------------------------------
                 Source type                    Low-frequency    High-frequency       Phocid          Otariid
                                                  cetaceans         cetaceans        pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
Timber removal..............................               5.2               7.7             3.2             0.2
Steel Removal...............................               2.8               4.1             1.7             0.1
Dredging....................................               0.7               0.6             0.4             0.0
Blasting (SELcum) *.........................               176              59.1            71.4            10.1
Blasting (PK) *.............................              22.1             156.5            24.8             4.9
----------------------------------------------------------------------------------------------------------------
                                              TTS Isopleth (meters)
----------------------------------------------------------------------------------------------------------------
Blasting (SEL cum) *........................             989.8             332.3           401.7            56.9
Blasting (PK) *.............................              44.1             312.2            49.5             9.9
----------------------------------------------------------------------------------------------------------------
                                 Level B Behavioral Harassment Isopleth (meters)
----------------------------------------------------------------------------------------------------------------
Timber removal..............................                                1359.36
Steel removal...............................                                1813.14
Dredging....................................                                107.98
----------------------------------------------------------------------------------------------------------------
* Impulsive sounds have a dual metric threshold (SELcum and PK). Metric producing the largest isopleth should be
  used.

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. Reliable densities are not available for Statter Harbor 
or the Auke Bay area. Generalized densities for the North Pacific would 
not be applicable given the high variability in occurrence and density 
at specific inlets and harbors. Therefore, the applicant consulted 
opportunistic sightings data from oceanographic surveys in Auke Bay and 
sightings from Auke Bay Marine Station observation pier for this 
specific harbor to arrive at a number of animals expected to occur 
within the harbor per day. For humpback whales, it is assumed that a 
maximum of two animals per day are likely to be seen in the harbor. For 
Steller sea lions, the potential maximum daily occurrence of animals is 
121 individuals within the harbor. For harbor seals, the maximum daily 
occurrence of animals is 52 individuals.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    Because reliable densities are not available, the applicant 
requests take based on the above mentioned maximum number of animals 
that may occur in the harbor per day multiplied by the number of days 
of the activity. The applicant varied these calculations based on 
certain factors.
    Humpback whale--Based on the size of the harassment zone for 
dredging, in combination with the Proposed Mitigation outlined below, 
the applicant does not expect humpback whales to approach the dredging 
vessel and therefore is not requesting take of humpback whales from 
dredging.

[[Page 52410]]

Because of the nature of blasting, there is no behavioral threshold 
associated with the activity, but TTS, which is a form of Level B 
harassment take, may occur. With a maximum take of two animals per day, 
multiplied by a maximum of 10 days of pile removal and two days of 
blasting (TTS), the applicant requests authorization of 24 Level B 
harassment takes of humpback whale.
    Steller sea lion--It is estimated that a maximum of 121 Steller sea 
lions may be seen in Statter Harbor within one day. A maximum take of 
121 animals per day for 10 days of pile removal is 1,210 Steller sea 
lions. Given the size of the Level B zone for dredging (108 m), it is 
possible Steller sea lions may approach the source vessel. However, 
given the small size of the zone, the applicant reduced the number of 
animals expected to be taken daily from dredging by 50 percent, to 60 
Steller sea lions daily. A maximum of 60 takes per day for 45 days of 
dredging is 2,700 takes of Steller sea lion. For blasting, which is 
confined to the inner harbor, the TTS zone (57 m) is even smaller than 
the size of the dredging zone. Therefore, if the same maximum of 60 
Stellers is assumed to be within the zone for two days of blasting, the 
result is a potential take of 120 Steller sea lions. No more than 20 of 
those Steller sea lions are assumed to be within range of the PTS 
blasting isopleths, with the remaining 100 takes potentially occurring 
in the TTS isopleth. While it is conservative to assume 20 Steller sea 
lions may occur within 10 meters of the blast source, they are 
regularly seen in the area and the explosives need to be detonated 
within a certain number of hours after being planted. It is possible 
that Stellers could approach the source and the detonation could no 
longer be delayed, exposing Steller sea lions to sound levels that may 
induce PTS. This adds to a total of 4,030 takes of Steller sea lion.
    Harbor seal--The largest known group size to occur in Statter 
Harbor is 52 individuals, which is the maximum number of takes per day 
used in the take estimation section for harbor seals. For 10 days of 
pile removal, using an assumed rate of 52 individuals per day, the 
potential take of harbor seals is 520. For 45 days of dredging, the 
estimated daily take was reduced by half due to the small size of the 
isopleth, resulting in an estimate of 1,170 takes. For blasting, it is 
assumed no more than 11 harbor seals would enter the inner harbor on a 
given day and therefore could occur within 71 meters of the blasting 
source. This results in a potential 22 Level A harassment takes of 
harbor seal due to blasting across two days. For the TTS blasting zone, 
which is 400 meters, 52 harbor seals could occur in the harbor area and 
were used to estimate a potential 104 TTS takes of harbor seal across 
two days of blasting. Summed together, this would result in 1,186 takes 
of harbor seal.
    Harbor porpoise--Very little is known about likelihood of 
occurrence of harbor porpoise in Statter Harbor but, as noted 
previously, they are rarely observed in the area and we assume that may 
occur, while their cryptic nature makes it difficult to mitigate all 
potential for take. If it is assumed one pair could be sighted per day 
for 10 days of pile removal, this would result in potential take of 20 
harbor porpoise. If the same methodology is applied, assuming a pair 
per two days on 45 days of dredging because of the infrequency of 
harbor porpoise and the size of the isopleth, this would result in take 
of 44 estimated harbor porpoise. For two days of blasting, it is 
assumed two harbor porpoise may occur each day in the TTS zone, for 
four total TTS takes, and one pair on each day may appear in the PTS 
zone, resulting in four Level A harassment takes of harbor porpoise.
    The total number of takes proposed are summarized in Table 6 below.

                                                        Table 6--Takes Proposed to be Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Total level B   Total level A
                                                            Takes from      Takes from    TTS takes from  PTS takes from    harassment      harassment
                                                           pile removal      dredging        blasting        blasting          takes           takes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale..........................................              20               0               4               0              24               0
Steller sea lion........................................           1,210           2,700             100              20           4,010              20
Harbor seal.............................................             520           1,170             104              22           1,794              22
Harbor porpoise.........................................              20              44               4               4              68               4
--------------------------------------------------------------------------------------------------------------------------------------------------------

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, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    In addition to the measures described later in this section, the 
City of Juneau will employ the following standard mitigation measures:
     Conduct a briefing between construction supervisors and 
crews and the marine mammal monitoring team prior to the start of 
construction, and when new personnel join the work, to explain 
responsibilities, communication

[[Page 52411]]

procedures, marine mammal monitoring protocol, and operational 
procedures;
     For in-water and over-water heavy machinery work, if a 
marine mammal comes within 10 m, operations must cease and vessels must 
reduce speed to the minimum level required to maintain steerage and 
safe working conditions. This 10 m shutdown encompasses the Level A 
harassment zone for pile removal and dredging and therefore this 
requirement is not listed separately.
     Work may only occur during daylight hours, when visual 
monitoring of marine mammals can be conducted;
     For those marine mammals for which Level B harassment take 
has not been requested, pile removal and dredging will shut down 
immediately when the animals are sighted approaching the monitoring 
zones;
     If take reaches the authorized limit for an authorized 
species, activity for which take is authorized will be stopped as these 
species approach the monitoring zones to avoid additional take of them.
    The following measures would apply to The City of Juneau's 
mitigation requirements:
    Establishment of Monitoring Zones for Level B-- The City of Juneau 
will establish Level B monitoring zones or zones of influence (ZOI) 
which are areas where SPLs are equal to or exceed the 120 dB rms 
threshold during vibratory removal and dredging. Similar harassment 
monitoring zones will be established for the TTS isopleths associated 
with each functional hearing group for blasting activities. Monitoring 
zones provide utility for observing by establishing monitoring 
protocols for areas adjacent to the shutdown zones. Monitoring zones 
enable observers to be aware of and communicate the presence of marine 
mammals in the project area outside the shutdown zone and thus prepare 
for a potential cease of activity should the animal enter the shutdown 
zone. The Level B monitoring zones are depicted in Table 7.

                                                         Table 7--Shutdown and Monitoring Zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Monitoring zones                                            Shutdown zones
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         High frequency           Low frequency
               Source                       cetacean                ceteacean                Phocid                Otariid              All species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Removal--Steel...........  1,820 m...............  1,820 m...............  1,820 m..............  1,820 m..............  10 m
Vibratory Removal--Timber..........  1,360 m...............  1,360 m...............  1,360 m..............  1,360 m..............  10 m
Dredging...........................  110 m.................  110 m.................  110 m................  110 m................  10 m
Blasting (PTS).....................  160 m.................  180 m.................  80 m.................  10 m.................  10 m
Blasting (TTS).....................  340 m.................  990 m.................  410 m................  60 m.................  10 m
--------------------------------------------------------------------------------------------------------------------------------------------------------

As shown, the largest Level B zone is equal to 1,820 m, making it 
unlikely that PSOs would be able to view the entire harassment area. 
Due to this, Level B exposures will be recorded and extrapolated based 
upon the number of observed take and the percentage of the Level B 
harassment zone that was not visible.
    Pre-Activity Monitoring--Prior to the start of daily in-water 
activity, or whenever a break in activity 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. 
If a marine mammal is observed within the shutdown zone, activity 
cannot proceed until the animal has left the zone or has not been 
observed for 15 minutes. If the Level B harassment zone has been 
observed for 30 minutes and non-permitted species are not present 
within the zone, activity can commence and work can continue even if 
visibility becomes impaired within the Level B zone. When a marine 
mammal permitted for Level B take is present in the Level B harassment 
zone, 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, activity can begin. If work ceases for more than 30 
minutes, the pre-activity monitoring of both the Level B and shutdown 
zone will commence.
    For blasting, the TTS zone will be monitored for a minimum of 30 
minutes prior to detonating the blasts. If a marine mammal is sighted 
within the TTS zone, blasting will be delayed until the zone is clear 
of marine mammals for 30 minutes. This will continue as long as 
practicable within the constraints of the blasting design but not 
beyond sunset on the same day as the charges cannot lay dormant for 
more than 24 hours, which may force the detonation of the blast in the 
presence of marine mammals. Charges will be laid as early as possible 
in the morning.
    Based on our evaluation of the applicant's proposed measures, 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

[[Page 52412]]

cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.

Visual Monitoring

    Monitoring would be conducted 30 minutes before, during, and 30 
minutes after construction activities. In addition, observers must 
record all incidents of marine mammal occurrence, regardless of 
distance from activity, and must document any behavioral reactions in 
concert with distance from construction activities.
    PSOs would be land-based observers. Observers will be stationed at 
locations that provide adequate visual coverage for shutdown and 
monitoring zones. Potential observation locations are depicted in 
Figures 2 and 3 of the applicant's Marine Mammal Mitigation and 
Monitoring Plan. A minimum of one observer would be placed at a vantage 
point providing total coverage of the monitoring zones and for 
observation zones larger than 500 m, at least one other additional 
observer will be placed at the outermost float or other similar vantage 
point in order to observe the extend observation zone. Optimal 
observation locations will be selected based on visibility and the type 
of work occurring. All PSOs would be trained in marine mammal 
identification and behaviors and are required to have no other project-
related tasks while conducting monitoring. In addition, monitoring will 
be conducted by qualified observers, who will 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. Monitoring of construction activities 
must be conducted by qualified PSOs (see below), who must have no other 
assigned tasks during monitoring periods. The applicant must adhere to 
the following conditions when selecting observers:
     Independent PSOs must be used (i.e., not construction 
personnel).
     At least one PSO must have prior experience working as a 
marine mammal observer during construction activities.
     Other PSOs may substitute education (degree in biological 
science or related field) or training for experience.
     Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator must be designated. The lead 
observer must have prior experience working as a marine mammal observer 
during construction.
     The applicant must submit PSO CVs for approval by NMFS.
    The applicant must ensure that observers have the following 
additional qualifications:
     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.
     Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations.
     Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, 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.
    A draft marine mammal monitoring report would be submitted to NMFS 
within 90 days after the completion of construction activities. It will 
include an overall description of work completed, a narrative regarding 
marine mammal sightings, and associated PSO data sheets. Specifically, 
the report must include:
     Date and time that monitored activity begins or ends;
     Construction activities occurring during each observation 
period;
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
construction activity;
     Distance from construction activities to marine mammals 
and distance from the marine mammals to the observation point;
     Locations of all marine mammal observations; and
     Other human activity in the area.
    If no comments are received from NMFS within 30 days, the draft 
final report will constitute the final report. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as a serious injury or mortality, The City of Juneau 
would immediately cease the specified activities and report the 
incident to the Office of Protected Resources, NMFS, and the Alaska 
Regional Stranding Coordinator. The report would include the following 
information:
     Description of the incident;
     Environmental conditions (e.g., Beaufort sea state, 
visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with The City of 
Juneau to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The City of Juneau 
would not be able to resume their activities until notified by NMFS via 
letter, email, or telephone.
    In the event that The City of Juneau discovers an injured or dead 
marine mammal, and the lead PSO determines that the cause of the injury 
or death is unknown and the death is relatively recent (e.g., in less 
than a moderate state of decomposition as described in the next 
paragraph), the City of Juneau would immediately report the incident to 
the Office of Protected Resources, NMFS, and the Alaska Regional 
Stranding Coordinator. The report would include the same information 
identified in the paragraph above. Activities would be able to continue 
while NMFS reviews the circumstances of the incident. NMFS would work 
with the City of Juneau to determine whether modifications in the 
activities are appropriate.
    In the event that the City of Juneau discovers an injured or dead 
marine mammal and the lead PSO determines that the injury or death is 
not associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate

[[Page 52413]]

to advanced decomposition, or scavenger damage), the City of Juneau 
would report the incident to the Office of Protected Resources, NMFS, 
and the NMFS Alaska Stranding Hotline and/or by email to the Alaska 
Regional Stranding Coordinator, within 24 hours of the discovery. The 
City of Juneau would provide photographs, video footage (if available), 
or other documentation of the stranded animal sighting to NMFS and the 
Marine Mammal Stranding Coordinator.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    As stated in the proposed mitigation section, shutdown zones equal 
to or exceeding Level A isopleths shown in Table 7 for all activities 
other than blasting will be implemented. Serious injury or mortality is 
not anticipated nor authorized. Behavioral responses of marine mammals 
to pile removal and dredging, if any, are expected to be mild and 
temporary due to the short term duration of the noise produced by the 
source as well as the relatively low source levels when compared with 
ambient levels in an area with high levels of anthropogenic activity. 
Given the short duration of noise-generating activities per day and 
that pile removal and dredging would occur for 55 days, any harassment 
would be temporary. The blasting is only proposed to occur across 2 
days, with one blast scheduled on each day. In addition, the project 
includes generally low level sound sources, such as dredging and 
removal of piles much smaller than those frequently used in other 
construction projects. In addition, for all species except humpbacks, 
there are no known biologically important areas near the project zone 
that would be impacted by the construction activities. The region of 
Statter Harbor where the project will take place is located in a 
developed harbor area with regular marine vessel traffic. Although 
there is a resident harbor seal population, the area proposed for 
construction is not known to be of important biological significance 
such as used for breeding or foraging. In summary and as described 
above, the following factors primarily support our preliminary 
determination that the impacts resulting from this activity are not 
expected to adversely affect the species or stock through effects on 
annual rates of recruitment or survival:
     No mortality is anticipated or authorized;
     There are no known biologically important areas within the 
project area;
     The City of Juneau would implement mitigation measures 
such as shut down zones for all in-water and over-water activities;
     Monitoring reports from similar work in Alaska have 
documented little to no effect on individuals of the same species 
impacted by the specified activities;
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the proposed 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 Sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. Additionally, other qualitative 
factors may be considered in the analysis, such as the temporal or 
spatial scale of the activities.
    Table 8 below shows take as a percent of population for each of the 
species listed above.

  Table 8--Summary of the Estimated Numbers of Marine Mammals Potentially Exposed to Level A and Level B Sound
                                                     Levels
----------------------------------------------------------------------------------------------------------------
                                                     Proposed        Proposed
                                                     number of       number of         Stock        Percent of
            Species                 DPS/Stock      level B takes   level A takes     abundance     population\1\
                                                     by stock        by stock
----------------------------------------------------------------------------------------------------------------
Steller sea lion..............  Eastern DPS.....           3,930              20          41,638             9.5
                                Western DPS.....              80               0          53,303            0.15
Harbor seal...................  Lynn Canal......           1,794              22           9,478              19
Harbor porpoise...............  Southeast Alaska              68               4             975            6.67
Humpback whale................  Central North                 24               0          10,103            0.24
                                 Pacific Stock.
    Total.....................  ................           5,897              46             N/A             N/A
----------------------------------------------------------------------------------------------------------------

    Table 8 presents the number of animals that could be exposed to 
received noise levels that may result in Level A or Level B take for 
the proposed work at Statter Harbor. Our analysis shows that less than 
one third of the

[[Page 52414]]

best available population estimate of each affected stock could be 
taken. Therefore, the numbers of animals authorized to be taken for all 
species would be considered small relative to the relevant stocks or 
populations even if each estimated taking occurred to a new 
individual--an extremely unlikely scenario. For pinnipeds, especially 
harbor seals and Steller sea lions, occurring in the vicinity of the 
project site, there will almost certainly be some overlap in 
individuals present day-to-day, and these takes are likely to occur 
only within some small portion of the overall regional stock.
    Based on 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. The proposed 
project is not known to occur in an important subsistence hunting area. 
It is a developed area with regular marine vessel traffic and the 
project is one year of a multi-year harbor improvement effort that is 
already underway. The work at this harbor has been publicized and 
public input has been solicited on the overall improvement.
    Based on the description of the specified activity, the measures 
described to minimize adverse effects on the availability of marine 
mammals for subsistence purposes, and the proposed mitigation and 
monitoring measures, NMFS has preliminarily determined that there will 
not be an unmitigable adverse impact on subsistence uses from the City 
of Juneau's proposed activities.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally, in this case with the NMFS Alaska Regional 
Office, whenever we propose to authorize take for endangered or 
threatened species.
    NMFS is proposing to authorize take of western DPS Steller sea 
lions and potentially Mexico DPS humpback whales, which are listed 
under the ESA. We have requested initiation of Section 7 consultation 
for the issuance of this IHA. NMFS will conclude the ESA consultation 
prior to reaching a determination regarding the proposed issuance of 
the authorization.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to the City of Juneau for conducting harbor improvement 
activities in Statter Harbor, Alaska, 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 
January 1, 2019 to December 31, 2019.
    2. This IHA is valid only for in-water construction activities 
associated with improvements in Statter Harbor, Alaska.
    3. General Conditions
    (a) A copy of this IHA must be in the possession of the City of 
Juneau, its designees, work crew, and marine mammal monitoring 
personnel operating under the authority of this IHA.
    (b) The species authorized for taking are humpback whale (Megaptera 
novaeangliae), harbor porpoise (Phocoena phocoena), Steller sea lion 
(Eumetopias jubatus), and harbor seal (Phoca vitulina).
    (c) The taking, by Level A and Level B harassment, is limited to 
the species listed in condition 3(b). See Table 9 for numbers of take 
authorized.
    (d) For those marine mammals for which take has not been requested, 
in-water activities must shut down immediately when the animals are 
sighted.
    (e) The taking by serious injury or death of any species of marine 
mammal is prohibited and may result in the modification, suspension, or 
revocation of this IHA.
    (f) The City of Juneau must conduct briefings between construction 
supervisors and crews, marine mammal monitoring team, and the City of 
Juneau staff prior to the start construction activity, and when new 
personnel join the work, in order to explain responsibilities, 
communication procedures, marine mammal monitoring protocol, and 
operational procedures.
    (g) Work may only occur during daylight hours.
    4. Mitigation Measures
    The holder of this Authorization is required to implement the 
following mitigation measures:
    (a) Shutdown Measures.
    (i) The City of Juneau must implement shutdown measures if the 
number of any allotted marine mammal takes reaches the limit under the 
IHA and if such marine mammals are sighted within the vicinity of the 
project area and are approaching their respective Level A or Level B 
monitoring zone.
    (ii) If a marine mammal comes within 10 meters of in-water, heavy 
machinery work, operations must cease and vessels must reduce speed to 
the minimum level required to maintain steerage and safe working 
conditions. Construction crew members can enforce this shutdown zone.
    (b) The City of Juneau must establish Level A and Level B 
monitoring zones as shown in Table 10.
    (c) The City of Juneau must monitor the zone for 30 minutes prior 
to blasting to establish that the monitoring zone is clear of marine 
mammals as long as practicable. Blasting-related activity must be 
conducted in daylight hours.
    5. Monitoring
    The holder of this Authorization is required to conduct marine 
mammal monitoring during construction activities. Monitoring and 
reporting must be conducted in accordance with the Monitoring Plan.
    (a) Pre-Activity Monitoring
    (i) Prior to the start of daily in-water construction activity, or 
whenever a break in construction activity of 30 minutes or longer 
occurs, the observer(s) must observe the shutdown and monitoring zones 
for a period of 30 minutes.
    (ii) The shutdown zone must be cleared when a marine mammal has not 
been observed within that zone for that 30-minute period.
    (iii) If a marine mammal is observed within the shutdown zone, 
activities can proceed if the animal is observed leaving the zone or 
has not been observed for 30 minutes, even if visibility of Level B 
zone is impaired.
    (iv) If the Level B harassment zone has been observed for 30 
minutes and species for which take is not authorized are not present 
within the zone, in-water construction can commence and work can 
continue even if visibility becomes impaired within the Level B zone.
    (v) When a marine mammal permitted for Level B take is present in 
the Level B harassment zone, pile removal and dredging activities may 
begin and or

[[Page 52415]]

continue and Level B take must be recorded.
    (vi) If the entire Level B zone is not visible while work 
continues, exposures must be recorded and extrapolated based upon the 
amount of total observed exposures and the percentage of the Level B 
zone that was not visible.
    (b) Monitoring must be conducted by qualified protected species 
observers (PSOs), with minimum qualifications as described previously 
in the Monitoring and Reporting section.
    (i) Two observers must be on site to actively observe the shutdown 
and monitoring zones during all pile removal and dredging.
    (ii) Observers must use their naked eye with the aid of binoculars, 
and/or a spotting scope during all construction activities.
    (iii) Monitoring location(s) must be identified with the following 
characteristics:
    1. Unobstructed view of activity being conducted;
    2. Unobstructed view of all water within the Level A zone (if 
applicable) and as much of the Level B harassment zone as possible.
    (c) If environmental conditions restrict the PSOs ability to 
observe within the marine mammal shutdown zone (e.g., excessive wind or 
fog), construction activities must cease. Work must not be initiated 
until the entire shutdown zone is visible.
    (d) Marine mammal location must be determined using a rangefinder 
and a GPS or compass.
    (e) Ongoing in-water work may be continued during periods when 
conditions such as low light, darkness, high sea state, fog, ice, rain, 
glare, or other conditions prevent effective marine mammal monitoring 
of the entire Level B harassment zone. PSOs would continue to monitor 
the visible portion of the Level B harassment zone throughout the 
duration of construction activities.
    (f) Post-activity monitoring must be conducted for 30 minutes 
beyond the cessation of construction 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 ninety 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 A final report must be prepared and submitted within 
thirty 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 activity and description of specific actions that 
ensued and resulting behavior of the animal, if any;
    (iv) Weather parameters (e.g., percent cover, visibility);
    (v) Water conditions (e.g., sea state, tide state);
    (vi) Species, numbers, and, if possible, sex and age class of 
marine mammals;
    (vii) Description of any observable marine mammal behavior 
patterns;
    (viii) Distance from construction activities to marine mammals and 
distance from the marine mammals to the observation point;
    (ix) Locations of all marine mammal observations; and
    (x) 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 a serious injury or mortality, The City of Juneau must 
immediately cease the specified activities and report the incident to 
the Office of Protected Resources, NMFS, and the Alaska Regional 
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 must work with the City of Juneau to determine 
what measures are necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The City of Juneau may not 
resume their activities until notified by NMFS.
    (ii) In the event that the City of Juneau 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 City of 
Juneau must immediately report the incident to the Office of Protected 
Resources, NMFS, and the Alaska Regional Stranding Coordinator, NMFS. 
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 must work with the City of Juneau to determine 
whether additional mitigation measures or modifications to the 
activities are appropriate.
    (iii) In the event that the City of Juneau 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 City of Juneau must 
report the incident to the Office of Protected Resources, NMFS, and the 
Alaska Regional Stranding Coordinator, NMFS, within 24 hours of the 
discovery. The City of Juneau must provide photographs, video footage, 
or other documentation of the stranded animal sighting to NMFS.
7. Authorization
    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.

                               Table 9--Authorized Take Numbers, by Species/Stocks
----------------------------------------------------------------------------------------------------------------
                  Species                                 DPS/Stock                Level A takes   Level B takes
----------------------------------------------------------------------------------------------------------------
Steller sea lion...........................  Eastern DPS........................              20           3,930
                                             Western DPS........................               0              80

[[Page 52416]]

 
Harbor seal................................  Lynn Canal.........................              22           1,794
Harbor porpoise............................  Southeast Alaska...................               4              68
Humpback whale.............................  Hawaii DPS/Central North Pacific                  0              24
                                              Stock.
                                                                                 -------------------------------
    Total..................................  ...................................              46           5,897
----------------------------------------------------------------------------------------------------------------


                                                        Table 10--Monitoring Zones in Meters (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Monitoring zones                                            Shutdown zones
                                    --------------------------------------------------------------------------------------------------------------------
               Source                    High frequency
                                            cetacean         Low frequency cetacean          Phocid                Otariid              All species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Removal--Steel...........  1,820 m...............  1,820 m...............  1,820 m..............  1,820 m..............  10 m
Vibratory Removal--Timber..........  1,360 m...............  1,360 m...............  1,360 m..............  1,360 m..............  10 m
Dredging...........................  110 m.................  110 m.................  110 m................  110 m................  10 m
Blasting (PTS).....................  160 m.................  180 m.................  80 m.................  10 m.................  10 m
Blasting (TTS).....................  340 m.................  990 m.................  410 m................  60 m.................  10 m
--------------------------------------------------------------------------------------------------------------------------------------------------------

Request for Public Comments

    We request comment on our analyses, the proposed authorization, and 
any other aspect of this Notice of Proposed IHA for the proposed harbor 
improvement activities. 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 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; and
     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: October 11, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-22604 Filed 10-16-18; 8:45 am]
 BILLING CODE 3510-22-P



                                               52394                       Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               Thursday, September 26, Stockholm                Welcome and Sweden Country Briefing; Participant Elevator Pitches followed by matchmaking appoint-
                                                                                                  ments; Networking Lunch; Matchmaking continues; Networking Reception at Ambassador’s residence
                                                                                                  (TBC).
                                               Friday, September 27 .........................   Public Sector Roundtable; Mission concludes and Participants Depart.



                                               Participation Requirements                                 Northern Virginia—USEAC, Tel: 703–                  comments on a possible one-year
                                                  All parties interested in participating                 235–0102, Pompeya.Lambrecht@                        renewal that could be issued under
                                               in the trade mission must complete and                     trade.gov                                           certain circumstances and if all
                                               submit an application package for                        Sheryl Hitomi, International Trade                    requirements are met, as described in
                                               consideration by the U.S. Department of                    Specialist, San Jose—USEAC, Tel:                    Request for Public Comments at the end
                                               Commerce. All applicants will be                           408–535–2757, Sheryl.Hitomi@                        of this notice. NMFS will consider
                                               evaluated on their ability to meet certain                 trade.gov                                           public comments prior to making any
                                               conditions and best satisfy the selection                Denmark                                               final decision on the issuance of the
                                               criteria as outlined below. A minimum                                                                          requested MMPA authorizations and
                                                                                                        Aleksander Moos, Commercial                           agency responses will be summarized in
                                               of 10 and maximum of 12 firms and/or                       Specialist, Tel: + 45 33 41 73 15,
                                               trade associations will be selected to                                                                         the final notice of our decision.
                                                                                                          Aleksander.Moos@trade.gov                           DATES: Comments and information must
                                               participate in the mission from the
                                               applicant pool.                                          Norway                                                be received no later than November 16,
                                                                                                        Heming Bjorna, Senior Commercial                      2018.
                                               Fees and Expenses                                                                                              ADDRESSES: Comments should be
                                                                                                         Specialist, Tel: + 47 21 30 88 66,
                                                  If, and when, an applicant is selected                 Heming.Bjorna@trade.gov                              addressed to Jolie Harrison, Chief,
                                               to participate on a particular mission, a                                                                      Permits and Conservation Division,
                                               payment to the Department of                             Sweden                                                Office of Protected Resources, National
                                               Commerce in the amount of the                            Tuula Ahlstrom, Senior Commercial                     Marine Fisheries Service. Physical
                                               designated participation fee is required.                  Specialist, Tel: + 46 8 783 5346,                   comments should be sent to 1315 East-
                                               Upon notification of acceptance to                         Tuula.Ahlstrom@trade.gov                            West Highway, Silver Spring, MD 20910
                                               participate, those selected have 5                                                                             and electronic comments should be sent
                                               business days to submit payment or the                   Tiara Hampton-Diggs,                                  to ITP.Young@noaa.gov.
                                               acceptance may be revoked. The                           Program Specialist for Trade Promotion                   Instructions: NMFS is not responsible
                                               participation fee for the Business                       Programs.                                             for comments sent by any other method,
                                               Development Mission will be $3,800.00                    [FR Doc. 2018–22097 Filed 10–16–18; 8:45 am]          to any other address or individual, or
                                               for small or medium-sized enterprises                    BILLING CODE 3510–DR–P                                received after the end of the comment
                                               (SME); and $4,800.00 for large firms or                                                                        period. Comments received
                                               trade associations. The fee for each                                                                           electronically, including all
                                               additional firm representative (large                    DEPARTMENT OF COMMERCE                                attachments, must not exceed a 25-
                                               firm or SME/trade organization) is                                                                             megabyte file size. Attachments to
                                               $1,000. Expenses for travel, lodging,                    National Oceanic and Atmospheric                      electronic comments will be accepted in
                                               meals, and incidentals will be the                       Administration                                        Microsoft Word or Excel or Adobe PDF
                                               responsibility of each mission                           RIN 0648–XG506                                        file formats only. All comments
                                               participant. Interpreter and driver                                                                            received are a part of the public record
                                               services can be arranged for additional                  Takes of Marine Mammals Incidental to                 and will generally be posted online at
                                               cost. Delegation members will be able to                 Specified Activities; Taking Marine                   https://www.fisheries.noaa.gov/node/
                                               take advantage of U.S. Embassy rates for                 Mammals Incidental to In-Water                        23111 without change. All personal
                                               hotel rooms.                                             Demolition and Construction Activities                identifying information (e.g., name,
                                                                                                        Associated With a Harbor                              address) voluntarily submitted by the
                                               Timeframe for Recruitment and                            Improvement Project in Statter Harbor,                commenter may be publicly accessible.
                                               Application                                              Alaska                                                Do not submit confidential business
                                                  Recruitment for the mission will                                                                            information or otherwise sensitive or
                                                                                                        AGENCY:  National Marine Fisheries
                                               begin immediately and conclude no                                                                              protected information.
                                                                                                        Service (NMFS), National Oceanic and
                                               later than June 14, 2019. The U.S.                                                                             FOR FURTHER INFORMATION CONTACT: Sara
                                                                                                        Atmospheric Administration (NOAA),
                                               Department of Commerce will review                                                                             Young, Office of Protected Resources,
                                                                                                        Commerce.
                                               applications and make selection                                                                                NMFS, (301) 427–8401. Electronic
                                                                                                        ACTION: Notice; proposed incidental
                                               decisions on a rolling basis beginning                                                                         copies of the application and supporting
                                               September 10, 2018 until the maximum                     harassment authorization; request for
                                                                                                        comments on proposed authorization                    documents, as well as a list of the
                                               of 12 participants is selected.                                                                                references cited in this document, may
                                               Applications received after June 14,                     and possible renewal.
                                                                                                                                                              be obtained online at: https://
                                               2019, will be considered only if space                   SUMMARY:    NMFS has received a request               www.fisheries.noaa.gov/national/
                                               and scheduling constraints permit.                       from the City of Juneau for authorization             marine-mammal-protection/incidental-
                                               Contacts                                                 to take marine mammals incidental to                  take-authorizations-construction-
                                                                                                        harbor improvement projects in Statter                activities. In case of problems accessing
daltland on DSKBBV9HB2PROD with NOTICES




                                               USA                                                      Harbor, Alaska. Pursuant to the Marine                these documents, please call the contact
                                               Gemal Brangman, Project Officer, Trade                   Mammal Protection Act (MMPA), NMFS                    listed above.
                                                 Promotion Programs, Washington, DC,                    is requesting comments on its proposal                SUPPLEMENTARY INFORMATION:
                                                 Tel: 202–482–3773,                                     to issue an incidental harassment
                                                 Gemal.Brangman@trade.gov                               authorization (IHA) to incidentally take              Background
                                               Pompeya Lambrecht, Senior                                marine mammals during the specified                     The MMPA prohibits the ‘‘take’’ of
                                                 International Trade Specialist,                        activities. NMFS is also requesting                   marine mammals, with certain


                                          VerDate Sep<11>2014    19:46 Oct 16, 2018   Jkt 247001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                             52395

                                               exceptions. Sections 101(a)(5)(A) and                   exclusion. Accordingly, NMFS has                      sunset to allow for post-activity
                                               (D) of the MMPA (16 U.S.C. 1361 et                      preliminarily determined that the                     monitoring.
                                               seq.) direct the Secretary of Commerce                  issuance of the proposed IHA qualifies
                                                                                                                                                             Specific Geographic Region
                                               (as delegated to NMFS) to allow, upon                   to be categorically excluded from
                                               request, the incidental, but not                        further NEPA review.                                     The proposed activities would occur
                                               intentional, taking of small numbers of                    We will review all comments                        at Statter Harbor in Auke Bay, Alaska
                                               marine mammals by U.S. citizens who                     submitted in response to this notice                  which is in the southeast portion of the
                                               engage in a specified activity (other than              prior to concluding our NEPA process                  state. See Figures 1 and 4 in the
                                               commercial fishing) within a specified                  or making a final decision on the IHA                 application for detailed maps of the
                                               geographical region if certain findings                 request.                                              project area. Statter Harbor is located at
                                               are made and either regulations are                                                                           the most northeasterly point of Auke
                                               issued or, if the taking is limited to                  Summary of Request                                    Bay.
                                               harassment, a notice of a proposed                         On February 12, 2018, NMFS received                Detailed Description of Specific
                                               incidental take authorization may be                    a request from the City of Juneau for an              Activity
                                               provided to the public for review.                      IHA to take marine mammals incidental
                                                  Authorization for incidental takings                 to harbor improvement projects in                        Demolition and Disposal—Work
                                               shall be granted if NMFS finds that the                 Statter Harbor, Alaska. The original                  proposed for 2019 includes demolition
                                               taking will have a negligible impact on                 application covered three years of                    and disposal of the existing 16-foot (ft)
                                               the species or stock(s) and will not have               potential work and was revised to one                 (4.9-meter (m)) by 200-ft (61-meter)
                                               an unmitigable adverse impact on the                    year of work on March 9, 2018. A series               concrete boat launch ramp and planks,
                                               availability of the species or stock(s) for             of exchanges regarding acoustic                       an 8-ft (2.4-m) by 240-ft (73.2-m)
                                               taking for subsistence uses (where                      analyses continued until a meeting was                boarding float, four 12.75-inch (in) (3.2-
                                               relevant). Further, NMFS must prescribe                 held on June 21, 2018. An additional                  decimeter) diameter steel pipe piles,
                                               the permissible methods of taking and                   revision was received on August 8,                    1,152 square feet (ft) (107.0 square m) of
                                               other means of effecting the least                      2019. The application was deemed                      timber boat haulout pier, and 16 12-in
                                               practicable adverse impact on the                       adequate and complete on September                    to 16-in creosote-treated timber piles.
                                               affected species or stocks and their                    18, 2018. The City of Juneau’s request is                Demolition of the existing timber boat
                                               habitat, paying particular attention to                 for take of a small number of harbor                  haulout pier and boat launch ramp will
                                               rookeries, mating grounds, and areas of                 seal, harbor porpoise, humpback whale,                be performed with track excavators,
                                               similar significance, and on the                        and Steller sea lion by Level B                       loaders, cranes, barges, crane dead-
                                               availability of such species or stocks for              harassment and Level A harassment.                    pulling (preferred method), vibratory
                                               taking for certain subsistence uses                     Neither the City of Juneau nor NMFS                   hammer (if needed), various hand tools,
                                               (referred to in shorthand as                            expects serious injury or mortality to                and labor forces. Existing piles will be
                                               ‘‘mitigation’’); and requirements                       result from this activity and, therefore,             removed via dead-pulling with a crane
                                               pertaining to the mitigation, monitoring                an IHA is appropriate.                                if possible, or, if not, a vibratory
                                               and reporting of such takings are set                                                                         hammer will be used. Vibratory pile
                                               forth.                                                  Description of Proposed Activity                      removal will generally consist of
                                                  The NDAA (Pub. L. 108–136)                           Overview                                              clamping the vibratory hammer to the
                                               removed the ‘‘small numbers’’ and                                                                             pile and vibrating the hammer while
                                               ‘‘specified geographical region’’                         The harbor improvements described                   extracting to a point where the pile is
                                               limitations indicated above and                         in the application include demolition                 temporarily secured and removal can be
                                               amended the definition of ‘‘harassment’’                and disposal of the existing boat launch              completed with crane line rigging under
                                               as it applies to a ‘‘military readiness                 ramp and timber haulout pier, dredging                tension. The pile is then completely
                                               activity.’’ The definitions of all                      of the planned harbor basin with                      removed from the water by hoisting
                                               applicable MMPA statutory terms cited                   offshore disposal, excavation of bedrock              with crane line rigging and placing on
                                               above are included in the relevant                      within the basin by blasting from a                   the uplands or deck of the barge. The
                                               sections below.                                         temporary fill pad, and construction of               applicant will dispose of demolished
                                                                                                       a mechanically stabilized earth (MSE)                 items in accordance with all Federal,
                                               National Environmental Policy Act                       wall.                                                 state, and local regulations.
                                                 To comply with the National                                                                                    Based on the characterization of work
                                                                                                       Dates and Duration
                                               Environmental Policy Act of 1969                                                                              described below, we expect take of
                                               (NEPA; 42 U.S.C. 4321 et seq.) and                        Work is expected to occur between                   marine mammals may result from some
                                               NOAA Administrative Order (NAO)                         January 1, 2019 and December 31, 2019.                combination of vibratory pile removal,
                                               216–6A, NMFS must review our                            The expected allocation of days for each              dredging, and blasting activities.
                                               proposed action (i.e., the issuance of an               activity is as follows: Two to ten days
                                               IHA) with respect to potential impacts                  of vibratory pile removal, 30–45 days of              Dredging and Dredge Disposal
                                               on the human environment.                               dredging and dredge disposal, 15 days                    The project includes 24,300 cubic
                                                 This action is consistent with                        of in-water fill placement and removal,               yards (yd3)(18,578.7 cubic meters (m3))
                                               categories of activities identified in                  and two days of blasting. In winter                   of dredging in the existing harbor. When
                                               Categorical Exclusion B4 (IHAs with no                  months, shorter 8-hour to 10-hour                     the material is removed from the ground
                                               anticipated serious injury or mortality)                workdays in available daylight are                    it will bulk up in the barge due to
                                               of the Companion Manual for NOAA                        anticipated. To be conservative, 12-hour              increased water content and fluff. To
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                                               Administrative Order 216–6A, which do                   work days were used to analyze                        account for this a conservative bulking
                                               not individually or cumulatively have                   construction noise. The daily                         factor of 1.25 was applied to the
                                               the potential for significant impacts on                construction window for blasting and                  dredged volume, resulting in up to
                                               the quality of the human environment                    dredging will begin no sooner than 30                 30,375 yd3(23,223.4m3) of material to be
                                               and for which we have not identified                    minutes after sunrise to allow for initial            disposed. Dredging will be performed
                                               any extraordinary circumstances that                    marine mammal monitoring to take                      by either an excavator or a crane with
                                               would preclude this categorical                         place and will end 30 minutes before                  clamshell from a flat deck or derrick


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                                               52396                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               barge. The barge will be fixed in place                 and sound exposure level (SEL) Isopleth               to exceed 8,800 yd3(6,728.1 m3). All
                                               to allow the excavator access to an area                Distances report (Appendix C of the                   work in intertidal zones will be
                                               and periodically repositioned to gain                   application) detailing the bedrock                    performed during low tides so that all
                                               access to new areas.                                    removal plan and how the exclusion                    material will be placed above current
                                                  Once material is removed from the                    zones for each hearing group were                     water levels. Because all material will
                                               seafloor, it will be placed into a second               determined. The selected methodology                  be placed above current water levels, we
                                               belly dump dredge barge where the                       for the blast is to perform two blasts,               do not expect take of marine mammals
                                               material will be dewatered and then be                  one per day on two separate days. Each                from this activity.
                                               towed by a tug to the disposal site to be               blast will be approximately one (1)                      Proposed mitigation, monitoring, and
                                               deposited. The target location for                      second in duration. Both blasts will                  reporting measures are described in
                                               disposal of material was provided to the                consist of many detonations separated                 detail later in this document (please see
                                               applicant by the Alaska Department of                   by some small number of milliseconds                  Proposed Mitigation and Proposed
                                               Fish and Game (ADF&G) just outside of                   delay. The number of charges will vary                Monitoring and Reporting).
                                               the harbor at latitude 58°22′22.08″ N                   depending on conditions after                         Description of Marine Mammals in the
                                               and 134°39′49.32″ W. Based on the                       overburden is removed but is                          Area of Specified Activities
                                               nature of dredge disposal activity,                     anticipated to be between 50 and 75
                                               substrate placed on a small barge and                   holes with charges per blast. Individual                 Seven species of marine mammal
                                               towed to a disposal site, we do not                     charge size will depend on conditions                 have been documented in southeast
                                               consider dredge disposal an activity that               after holes are drilled; maximum charge               Alaska waters in the vicinity of Statter
                                               could result in take of marine mammals                  size (explosive weight) detonated per                 Harbor. These species are: harbor seal,
                                               and do not consider it further. Because                 each 8-millisecond delay period will be               harbor porpoise, Dall’s porpoise, killer
                                               the dredging activity is producing sound                limited to 93.5 pounds (42.4 kilograms).              whale, humpback whale, minke whale,
                                               underwater at levels likely audible to                     Individual charge amounts and other                and Steller sea lion. Of these species,
                                               marine mammals and the sound source                     hole-loading details will be determined               only three are known to occur in Statter
                                               is concentrated underwater in a region                  by the contractor’s blaster-in-charge and             Harbor: harbor seal, Steller sea lion, and
                                               with resident marine mammals it has                     blasting consultant after holes are                   humpback whale.
                                               the potential harass marine mammals                     drilled. This allows for safe and                        Sections 3 and 4 of the application
                                               and was considered further in our                       appropriate loading decisions to be                   summarize available information
                                               analysis.                                               made based on rock features such as                   regarding status and trends, distribution
                                                                                                       voids, seams, fractures, and other                    and habitat preferences, and behavior
                                               Blasting and Excavation                                                                                       and life history, of the potentially
                                                                                                       discontinuities encountered during
                                                  A geotechnical investigation                         drilling.                                             affected species. Additional information
                                               including borehole samples and test                        After blasting, the temporary fill will            regarding population trends and threats
                                               probing was performed by PND                            be removed with excavators, loaded into               may be found in NMFS’s Stock
                                               Engineers in 2016 and revealed shallow                  dump trucks, and stockpiled in the                    Assessment Reports (SAR; https://
                                               bedrock within the harbor basin. The                    uplands to be reused during the MSE                   www.fisheries.noaa.gov/national/
                                               design depth necessary for safe                         wall construction. The blasted material               marine-mammal-protection/draft-
                                               navigation is 16 ft (4.9 m) below mean                  will be excavated, separated from the                 marine-mammal-stock-assessment-
                                               lower low water (MLLW) with an                          temporary fill, and hauled offsite to an              reports) and more general information
                                               additional 1-ft (0.3-m) considered as                   uplands disposal site.                                about these species (e.g., physical and
                                               potential additional depth needed to                                                                          behavioral descriptions) may be found
                                               dredge, also termed overdredge                          MSE Wall In-Water Fill Placement and                  on NMFS’s website (https://
                                               allowance. Test probing showed that the                 Removal                                               www.fisheries.noaa.gov/find-species).
                                               top-of-rock elevations within the dredge                  The MSE wall will be constructed                       Table 1 lists all species with expected
                                               basin range from approximately 4 ft                     with track excavators, loaders, vibratory             potential for occurrence in Statter
                                               below MLLW to depths greater than the                   drum rollers, dump trucks, various hand               Harbor and summarizes information
                                               design elevation (17 ft (5.2 m) below                   tools, and labor forces. Excavated                    related to the population or stock,
                                               MLLW with overdredge allowance).                        material will be placed into dump                     including regulatory status under the
                                                  During construction the dredging will                trucks and hauled offsite. The concrete               MMPA and ESA and potential
                                               be conducted first to remove the                        retaining wall blocks will be set in place            biological removal (PBR), where known.
                                               overburden from the bedrock. A survey                   one course at a time. Imported fill will              For taxonomy, we follow Committee on
                                               will then be conducted to determine the                 be delivered by dump truck, spread                    Taxonomy (2017). PBR is defined by the
                                               exact extent of bedrock to be removed.                  behind the blocks in lifts, and                       MMPA as the maximum number of
                                               The estimated amount of rock                            compacted with vibratory rollers to                   animals, not including natural
                                               excavation is 1,761 yd3(2,000                           meet design grades and compaction                     mortalities, that may be removed from a
                                               yd3(1,529.1 m3) permitted volume to                     requirements. A layer of geotextile                   marine mammal stock while allowing
                                               account for uncertainty) based on                       fabric will be placed behind the wall on              that stock to reach or maintain its
                                               preconstruction surveys. Temporary fill                 the compacted fill with each course of                optimum sustainable population (as
                                               to confine the blast will be placed using               blocks. A total of 6,800 yd3 (5,199 m3)               described in NMFS’s SARs). While no
                                               conventional construction equipment. A                  of shot rock material will be placed                  mortality is anticipated or authorized
                                               fill is poured over the area where                      below the high tide line (HTL) behind                 here, PBR and annual serious injury and
                                               blasting is planned and then the hole for               the MSE wall.                                         mortality from anthropogenic sources
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                                               the charges are made beginning in the                     A 5-ft (1.5-m) thick armored dredge                 are included here as gross indicators of
                                               fill layer. Approximately half of the fill              basin slope will require an additional                the status of the species and other
                                               for this temporary pad will be placed                   650 yd3(497 m3) of armor rock material,               threats.
                                               above the water line.                                   and a lower 2-ft (0.6-m) thick slope will                Marine mammal abundance estimates
                                                  Alaska Seismic and Environmental                     require an additional 1,350 yd3(1,032.1               presented in this document represent
                                               prepared a General Blast Plan and                       m3) of material. Total fill material                  the total number of individuals that
                                               Analysis and sound pressure level (SPL)                 placed below the HTL is not expected                  make up a given stock or the total


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                                                                                 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                                                             52397

                                               number estimated within a particular                                     if known, that comprises that stock. For                                    SAR (Muto et al, 2018). All values
                                               study or survey area. NMFS’s stock                                       some species, this geographic area may                                      presented in Table 1 are the most recent
                                               abundance estimates for most species                                     extend beyond U.S. waters. All managed                                      available at the time of publication and
                                               represent the total estimate of                                          stocks in this region are assessed in                                       are available in the Draft 2018 SAR
                                               individuals within the geographic area,                                  NMFS’s U.S. Alaska Region Draft 2018                                        (Muto et al, 2018).
                                                                                            TABLE 1—SPECIES WITH THE POTENTIAL TO OCCUR IN STATTER HARBOR
                                                                                                                                                                                             ESA/
                                                                                                                                                                                            MMPA           Stock abundance                               Annual
                                                         Common name                                    Scientific name                                      Stock                          status;      (CV, Nmin, most recent                 PBR      M/SI 3
                                                                                                                                                                                           Strategic      abundance survey) 2
                                                                                                                                                                                            (Y/N) 1

                                                                                                         Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

                                               Family Balaenopteridae
                                                 (rorquals)
                                                    Humpback whale ................          Megaptera noveangliae ............           Central North Pacific .................          E,D,Y       10,103 (0.3, 7,891, 2006)                   83         26
                                                    Minke whale ........................     Balaenoptera acutorostrata ......            Alaska .......................................   -; N        N/A ..................................     Und          0

                                                                                                             Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

                                               Family Delphinidae
                                                  Killer whale .........................     Orcinus orca .............................   Northern Resident .....................          -; N        261 (N/A, 261, 2011) ......               1.96             0
                                                  Killer whale .........................     Orcinus orca .............................   Gulf of Alaska transient ............            -; N        587 (N/A, 587, 2012) ......               5.87             1
                                                  Killer whale .........................     Orcinus orca .............................   West Coast Transient ...............             -; N        243 (N/A, 243, 2009) ......                2.4             0
                                               Family Phocoenidae (porpoises)
                                                  Harbor porpoise ..................         Phocoena phocoena .................          Southeast Alaska ......................          -; Y        975 (0.14, 872, 2012) .....                 8.7        34
                                                  Dall’s porpoise ....................       Phocoenoides dalli ....................      Alaska .......................................   -; N        83,400 (0.097, N/A,                        Und         38
                                                                                                                                                                                                         1991).

                                                                                                                               Order Carnivora—Superfamily Pinnipedia

                                               Family Otariidae (eared seals
                                                 and sea lions)
                                                   Steller sea lion ....................     Eumetopias jubatus ..................        Western DPS ............................         E/D; Y      54,267 (N/A; 54,267,                       326        252
                                                                                                                                                                                                         2017).
                                                    Steller sea lion ....................    Eumetopias jubatus ..................        Eastern DPS .............................        T/D; Y      41,638 (N/A, 41,638,                      2498        108
                                                                                                                                                                                                         2015).
                                               Family Phocidae (earless seals)
                                                  Harbor seal .........................      Phoca vitulina ...........................   Lynn Canal ................................      -; N        9,478 (N/A, 8,605, 2011)                   155         50
                                                 1 Endangered    Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the
                                               ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
                                               which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically
                                               designated under the MMPA as depleted and as a strategic stock.
                                                 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock
                                               abundance. In some cases, CV is not applicable.
                                                 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish-
                                               eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
                                                 Note: Italicized species are not expected to be taken or proposed for authorization.


                                                  All species that could potentially                                    sightings. While it is possible killer                                      difficult. The species for which take is
                                               occur in the proposed survey areas are                                   whales could enter Auke Bay during                                          anticipated are described below.
                                               included in Table 1. It is unlikely the                                  work, it is unlikely they would continue                                    Humpback whale
                                               species italicized above in Table 1 are                                  as far inland as Statter Harbor. If killer
                                               likely to venture far enough into the                                    whales did venture into Statter Harbor                                        Humpbacks that breed around the
                                               harbor to enter the acoustic isopleths                                   to a distance where acoustic exposure                                       main Hawaiian Islands have been
                                               where we expect take to occur. The                                       would be a concern, they would be                                           observed in summer feeding grounds
                                               spatial occurrence of minke whale and                                    easily identifiable to observers stationed                                  throughout the North Pacific. The
                                               Dall’s porpoise is such that take is not                                 in the harbor for mitigation and                                            majority of the humpbacks found in
                                               expected to occur, and they are not                                      monitoring purposes and a shutdown                                          Southeast Alaska and northern British
                                               discussed further beyond the                                             would be ordered. Therefore, take of                                        Columbia have migrated from Hawaii
                                               explanation provided here. While these                                   killer whales from these activities is                                      for foraging opportunities and belong to
                                               species have been sighted in southeast                                   unlikely to occur and they are not                                          the Hawaii DPS (Bettridge et al, 2015).
                                               Alaska more broadly, these sightings                                     considered further in this document.                                        Wade et al. (2016) estimated that 93.9
                                               have been recorded for areas closer to                                   The work proposed in Statter Harbor is                                      percent of the humpbacks encountered
                                               the ocean. Auke Bay is separated from                                    in a very sheltered and inland harbor                                       in Southeast Alaska and Northern
                                               the Pacific by multiple barrier islands                                  with a consistent sightings record of the                                   British Columbia are from the Hawaii
                                               and Statter Harbor is located in the most                                                                                                            DPS, with the remaining percentage of
                                                                                                                        three species considered further: Steller
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                                               inland section of the bay, making the                                                                                                                humpbacks coming from the Mexico
                                                                                                                        sea lion, humpback whale, and harbor
                                               occurrence of species infrequently                                                                                                                   DPS.
                                                                                                                        seal. Harbor porpoise, while
                                               sighted farther seaward even less likely.                                infrequently sighted near Statter Harbor,                                     While in their Alaskan feeding
                                               Killer whales are not known to occur                                     are considered further as their fast swim                                   grounds, humpback whales prey on a
                                               frequently in Auke Bay, although they                                    speeds and small size make detection to                                     variety of euphausiids and small
                                               have been sighted infrequently, with no                                                                                                              schooling fishes including herring,
                                                                                                                        implement mitigation measures
                                               obvious temporal pattern to the                                                                                                                      smelt, capelin, sandlance, juvenile


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                                               52398                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               pollock, and salmon smolts (Kawamura                    capelin, sandlance, pollock, and                         Harbor seals are residents of the
                                               1980, Krieger and Wing 1986, Witteveen                  juvenile salmon) aggregate and are                    project area and observed within the
                                               et al. 2008, Straley et al. 2017,                       targeted by diving humpback whales.                   harbor on a regular basis and can be
                                               Chenoweth et al. 2017). Herring targeted                Two humpback whales in recent years                   found within the immediate project
                                               by Southeast Alaska whales in Lynn                      have also targeted a shallow trough off               vicinity on a daily basis. Over the last
                                               Canal during 2007–2009 winters were                     the east end of the Statter Harbor                    three winters, a group of up to 12 harbor
                                               lipid-rich, with energy content ranging                 breakwater for deeper diving foraging                 seals has been observed in inner Statter
                                               from 7.3–10.0 kJ/gram (Vollenweider et                  excursions targeting herring and                      Harbor near the harbormaster building
                                               al. 2011). The local distribution of                    possibly juvenile pollock (Ridgway pers.              along with 1–2 dispersed seals near the
                                               humpbacks in Southeast Alaska appears                   observ.). Some individual whales enter                Auke Creek shoreline (Kate Wynne pers.
                                               to be correlated with the density and                   Auke Bay through the north Coghlan                    observ.). Additionally, other counts
                                               seasonal availability of prey,                          Island entrance and conduct a pattern of              from 2014–2016 recorded 2–16 animals
                                               particularly herring and euphausiids                    exploitation or ‘‘browsing’’ in the bay               within Statter Harbor. Up to 52
                                               (Moran et al. 2017). Important feeding                  and inner harbor. In this area some                   individual seals have been
                                               areas include Glacier Bay and adjacent                  whales lunge feed and gulp massive                    photographed simultaneously hauled
                                               portions of Icy Strait, Stephens Passage/               volumes of feed in seawater                           out on the nearby dock at Fishermen’s
                                               Frederick Sound, Seymour Canal, Lynn                    immediately adjacent to or rubbing                    Bend, located in the northwest corner of
                                               Canal, and Sitka Sound and these areas                  against boats, docks and other structures             Statter harbor (Ridgway unpubl. Data). It
                                               have been included in the designation                   in deep to shallow waters throughout                  is assumed that the majority of animals
                                               of a Biologically Important Area for                    the action area. These whales have been               that haul out on the nearby floats at
                                               humpbacks in the Gulf of Alaska.                        observed continuing a pattern search                  Fishermen’s Bend are likely to go under
                                               During autumn and winter, the non-                      alongshore to Auke Creek and up Fritz                 water and resurface throughout the
                                               breeding season, humpbacks remaining                    Cove, where they have been seen lunge                 duration of the project. However, further
                                               in Southeast Alaska target areas where                  feeding in small coves and gullies in                 clarification on the number of
                                               herring and eulachon are abundant,                      shallow water to aggregate schooling                  individual seals likely to occur in the
                                               such as Seymour Canal, Berners Bay,                     fish.                                                 project area is difficult as harbor seals
                                               Auke Bay, Lynn Canal, and Stephens                         Because humpback whale individuals                 are not easily identifiable at an
                                               Passage (Krieger and Wing 1986, Moran                   of different DPS origin are                           individual level.
                                               et al. 2017). Over 2,940 and 2,019                      indistinguishable from one another in
                                               humpback whale foraging-days were                                                                             Steller Sea Lions
                                                                                                       Alaska (unless fluke patterns are linked
                                               documented in Lynn Canal alone in                       to the individual in both feeding and                    The Steller sea lion was listed as a
                                               2007–2008 and 2008–2009 winter                          breeding ground), the frequency of                    threatened species under the ESA in
                                               seasons, respectively (Moran et al.                     occurrence of animals by DPS is only                  1990 following declines of 63 percent
                                               2017).                                                  estimated using the DPS ratio, based                  on certain rookeries since 1985 and
                                                  Fidelity to feeding grounds by                                                                             declines of 82 percent since 1960 (55 FR
                                                                                                       upon the assumption that the ratio is
                                               individual humpbacks is well
                                                                                                       consistent throughout the Southeast                   12645). In 1997, two DPSs of Steller sea
                                               documented; interchange between
                                                                                                       Alaska region (Wade et al. 2016).                     lion were identified based on
                                               Alaskan feeding grounds is rare
                                                                                                                                                             differences in genetics, distribution,
                                               (Witteveen and Wynne 2017). Long-term                   Harbor seals                                          phenotypic traits, and population
                                               research and photo-identification efforts
                                                                                                          The Lynn Canal/Stephens Passage                    trends: the Western DPS and Eastern
                                               have documented individual
                                                                                                       stock is found in the project area waters.            DPS (Fritz et al. 2013).
                                               humpbacks that have returned to the
                                               same feeding grounds for as many 45                     The current population estimate for the                  The Eastern DPS (eDPS) is commonly
                                               years (Straley 2017, Witteveen and                      Lynn Canal/Stephens Passage stock is                  found in the project area waters and
                                               Wynne 2017, Gabriele et al. 2017).                      9,478 individuals, and the 5-year trend               were most recently surveyed in
                                               Based on fluke pattern identification,                  estimate is ¥176. The probability of                  Southeast Alaska in June–July of 2015.
                                               Krieger, Baker and Wing identified 189                  decrease of this stock is 0.71, indicating            The current population estimate for the
                                               unique whales in the Juneau to Glacier                  that evidence suggests that the stock is              eDPS is 71,562 individuals of which
                                               Bay and Seymour Canal area (Krieger et                  declining, however 9 of the 12 Alaska                 52,139 are non-pups and 19,423 are
                                               al. 1986). In recent years, 179 individual              harbor seal stocks are showing a trend                pups. In Southeast Alaska the estimated
                                               humpback whales were identified from                    of increasing populations (Muto et al.                total abundance is 28,594 individuals of
                                               the Juneau area, based upon fluke                       2018). Typically harbor seals will stay               which 20,756 are non-pups and 7,838
                                               photographs taken between 2006 and                      within 16 miles (25 km) of shore, but                 are pups. The eDPS has been increasing
                                               2014 (Teerlink 2017). Humpback whales                   they have been found up to 62 miles                   between 1990 to 2015 with an estimated
                                               occur in the project area intermittently                (100 km) from the shore (Klinkhart et al.             annual increase of 4.76 percent for pups
                                               year-round. Auke Bay and Statter                        2008). Harbor seal movement is highly                 and 2.84 percent for non-pups. (Muto et
                                               Harbor are thought to have certain                      variable, with no seasonal patterns                   al. 2018) The Western DPS (wDPS) is
                                               habitat features that attract humpback                  identified.                                           found infrequently in the project area
                                               whales in recent years. The aggregation                    Harbor seals use a variety of terrestrial          waters, but have been sighted
                                               of herring in inner Auke Bay provide a                  sites to haul out for resting (year-round),           previously. The current abundance
                                               habitat where whales may make                           pupping (May–July), and molting                       estimate for the U.S. portion of the
                                               energetic decisions to exploit small                    (August–September) including tidal and                wDPS is 50,983 of which 12,492 were
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                                               volumes of fish and rest to conserve                    intertidal reefs, beaches, sand bars, and             pups and 38,491 were non-pups. This is
                                               energy between foraging opportunities.                  glacial/sea ice (Sease 1992; Klinkhart et             the minimum estimate for only the U.S.
                                                  Humpback whales utilize habitats in                  al. 2008). Some sites have traditional/               portion of the wDPS. It is the minimum
                                               the project area intermittently. The                    historic value for pupping and molting                count because the counts were not
                                               breakwater and other dock structures                    while others are used as temporary                    corrected for animals at sea during the
                                               appear to serve as fish-attracting                      resting sites during seasonal foraging                survey. The overall trend for the wDPS
                                               devices, where forage fish (herring,                    trips.                                                in Alaska is an annual increase of 1.94


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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                          52399

                                               percent for non-pups and 1.87 percent                   none have been documented at this                     because the species has been rarely
                                               for pups. (Muto et al. 2018)                            haulout for the last decade (Jemison                  observed in the area and due to the
                                                  There is no critical habitat designated              pers. comm. 2017).                                    difficulty of implementing mitigation
                                               for Steller sea lions within the action                    Although recent data in the northern               sufficient to avoid incidental take of
                                               area. The action area is located                        part of the eastern DPS indicate                      animals that do occur in the area, we
                                               approximately 12 nautical miles (22.22                  movement of western sea lions east of                 have determined it appropriate to
                                               kilometers) from around Benjamin                        the 144° line, the mixed part of the                  propose authorization of take of harbor
                                               Island, well outside of the 3,000-ft                    range remains small (Jemison et al.                   porpoise
                                               (914.4-m) designated critical habitat                   2013). Based on observations by ADF&G
                                               boundary designation.                                   over the last decade this project is                  Marine Mammal Hearing
                                                  Steller sea lions occur in Auke Bay in               unlikely to impact wDPS individuals. A                   Hearing is the most important sensory
                                               winter on an intermittent basis, but their              recent IHA application for the Haines                 modality for marine mammals
                                               genetic and stock-designation identities                Ferry Terminal indicated that using                   underwater, and exposure to
                                               are rarely known: individuals are                       branded animal ratios, a conservative                 anthropogenic sound can have
                                               indistinguishable unless sea lions are                  estimate of 1.6 percent eDPS individuals              deleterious effects. To appropriately
                                               branded (and the brand is observed).                    may occur at the Gran Point haulout                   assess the potential effects of exposure
                                               Satellite-tagged individual animals from                based on personal communication the                   to sound, it is necessary to understand
                                               the Benjamin Island haulout and Auke                    applicant had with the Alaska Regional                the frequency ranges marine mammals
                                               Bay were observed multiple times                        Office (shown in Figure 5 in the                      are able to hear. Current data indicate
                                               between November 2010 and January                       application). To be conservative it is                that not all marine mammal species
                                               2011 (Fadely 2011), and the Auke Bay                    assumed that 2 percent of the Steller sea             have equal hearing capabilities (e.g.,
                                               boating community frequently observes                   lions at in this project area may be from             Richardson et al., 1995; Wartzok and
                                               Steller sea lions moving to and from the                the wDPS.                                             Ketten, 1999; Au and Hastings, 2008).
                                               haulout complex into Auke Bay.                                                                                To reflect this, Southall et al. (2007)
                                                  From 2013–2017, Steller sea lions                    Harbor Porpoise                                       recommended that marine mammals be
                                               have been documented in Auke Bay                          In Alaska, harbor porpoises are                     divided into functional hearing groups
                                               travelling as individuals or in herds of                currently divided into three stocks,                  based on directly measured or estimated
                                               50 to an estimated 120+ animals, during                 based primarily on geography: (1) The                 hearing ranges on the basis of available
                                               every month of the winter season.                       Southeast Alaska stock—occurring from                 behavioral response data, audiograms
                                               During winter 2015–2016, Steller sea                    the northern border of British Columbia               derived using auditory evoked potential
                                               lions foraged aggressively on young                     to Cape Suckling, Alaska, (2) the Gulf of             techniques, anatomical modeling, and
                                               herring and 1–2-year-old Walleye                        Alaska stock—occurring from Cape                      other data. Note that no direct
                                               pollock for over 20 days, continuously.                 Suckling to Unimak Pass, and (3) the                  measurements of hearing ability have
                                               Some sea lions were also observed                       Bering Sea stock—occurring throughout                 been successfully completed for
                                               consuming small flatfish, likely                        the Aleutian Islands and all waters                   mysticetes (i.e., low-frequency
                                               yellowfin sole, harvested from the                      north of Unimak Pass. Only the                        cetaceans). Subsequently, NMFS (2018)
                                               seafloor (depth 25–45 m), during this                   Southeast Alaska stock is considered in               described generalized hearing ranges for
                                               period. While no sea lions were                         this proposed IHA because the other                   these marine mammal hearing groups.
                                               observed hauled out on beaches or                       stocks are not found in the geographic                Generalized hearing ranges were chosen
                                               structures in the harbor, large rafts of                area under consideration.                             based on the approximately 65 decibels
                                               20–50 animals formed and rested in the                    There are no subsistence uses of this               (dB) threshold from the normalized
                                               outer harbor area between foraging                      species; however, as noted above,                     composite audiograms, with the
                                               bouts. Simultaneous surface counts of                   entanglement in fishing gear contributes              exception for lower limits for low-
                                               121 individual sea lions suggests that                  to human-caused mortality and serious                 frequency cetaceans where the lower
                                               likely upwards of 200 animals or more                   injury. Muto et al. (2018) also reports               bound was deemed to be biologically
                                               were targeting prey in Statter Harbor                   harbor porpoise are vulnerable to                     implausible and the lower bound from
                                               during herring aggregation events. These                physical modifications of nearshore                   Southall et al. (2007) retained. The
                                               121 to 200 animals comprise roughly 20                  habitats resulting from urban and                     functional groups and the associated
                                               to 30 percent of the animals typically                  industrial development (including                     frequencies are indicated below (note
                                               found at the Benjamin Island and Little                 waste management and nonpoint source                  that these frequency ranges correspond
                                               Island haulout complexes during winter                  runoff) and activities such as                        to the range for the composite group,
                                               months. (Ridgway pers. observ.)                         construction of docks and other over-                 with the entire range not necessarily
                                                  Only three individual, branded wDPS                  water structures, filling of shallow areas,           reflecting the capabilities of every
                                               Steller sea lions have been observed at                 dredging, and noise (Linnenschmidt et                 species within that group):
                                               Benjamin Island, the closest haulout,                   al., 2013).                                              • Low-frequency cetaceans
                                               from 2003–2006 with a maximum of 3                        Information on harbor porpoise                      (mysticetes): generalized hearing is
                                               sightings per individual. No branded                    abundance and distribution in Auke Bay                estimated to occur between
                                               wDPS individuals have been observed                     has not been systematically collected.                approximately 7 hertz (Hz) and 35
                                               in the ADF&G surveys from 2007–2016.                    While sightings of harbor porpoise in                 kilohertz (kHz);
                                               The 2007 ADF&G surveys offer the most                   Statter Harbor are rare, they are an                     • Mid-frequency cetaceans (larger
                                               abundant data for Steller sea lion counts               inconspicuous species, often traveling                toothed whales, beaked whales, and
                                               at Benjamin Island. A total of 11 surveys               alone or in pairs, difficult for marine               most delphinids): generalized hearing is
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                                               were conducted between January and                      mammal observers to sight, making any                 estimated to occur between
                                               July 2017, ranging from 0–768 Steller                   approach to a monitoring zone                         approximately 150 Hz and 160 kHz;
                                               sea lions, with an average count of 404                 potentially difficult to detect. The                     • High-frequency cetaceans
                                               individuals. In 2007 no wDPS animals                    applicant did not request authorization               (porpoises, river dolphins, and members
                                               were observed. While it is possible an                  of take of harbor porpoise because they               of the genera Kogia and
                                               individual from the wDPS may be at the                  are not known to regularly occur in the               Cephalorhynchus; including two
                                               Benjamin Island haulout, it is rare, and                vicinity of the project site. However,                members of the genus Lagenorhynchus,


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                                               52400                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               on the basis of recent echolocation data                frequency sounds. Amplitude is the                    total acoustical energy being generated
                                               and genetic data): generalized hearing is               height of the sound pressure wave or the              by known and unknown sources. These
                                               estimated to occur between                              ‘loudness’ of a sound and is typically                sources may include physical (e.g.,
                                               approximately 275 Hz and 160 kHz.                       measured using the dB scale. A dB is                  waves, earthquakes, ice, atmospheric
                                                  • Pinnipeds in water; Phocidae (true                 the ratio between a measured pressure                 sound), biological (e.g., sounds
                                               seals): generalized hearing is estimated                (with sound) and a reference pressure                 produced by marine mammals, fish, and
                                               to occur between approximately 50 Hz                    (sound at a constant pressure,                        invertebrates), and anthropogenic sound
                                               to 86 kHz;                                              established by scientific standards). It is           (e.g., vessels, dredging, aircraft,
                                                  • Pinnipeds in water; Otariidae (eared               a logarithmic unit that accounts for large            construction). A number of sources
                                               seals): generalized hearing is estimated                variations in amplitude; therefore,                   contribute to ambient sound, including
                                               to occur between 60 Hz and 39 kHz.                      relatively small changes in dB ratings                the following (Richardson et al., 1995):
                                                  The pinniped functional hearing                      correspond to large changes in sound                     • Wind and waves: The complex
                                               group was modified from Southall et al.                 pressure. When referring to SPLs(the                  interactions between wind and water
                                               (2007) on the basis of data indicating                  sound force per unit area), sound is                  surface, including processes such as
                                               that phocid species have consistently                   referenced in the context of underwater               breaking waves and wave-induced
                                               demonstrated an extended frequency                      sound pressure to one microPascal                     bubble oscillations and cavitation, are a
                                               range of hearing compared to otariids,                  (mPa). One pascal is the pressure                     main source of naturally occurring
                                               especially in the higher frequency range                resulting from a force of one newton                  ambient noise for frequencies between
                                               (Hemilä et al., 2006; Kastelein et al.,                exerted over an area of one square                    200 Hz and 50 kilohertz (kHz) (Mitson
                                               2009; Reichmuth and Holt, 2013).                        meter. The source level (SL) represents               1995). In general, ambient sound levels
                                                  For more detail concerning these                     the sound level at a distance of 1 m from             tend to increase with increasing wind
                                               groups and associated frequency ranges,                 the source (referenced to 1 mPa). The                 speed and wave height. Surf noise
                                               please see NMFS (2018) for a review of                  received level is the sound level at the              becomes important near shore, with
                                               available information. Four marine                      listener’s position. Note that all                    measurements collected at a distance of
                                               mammal species (two cetacean and two                    underwater sound levels in this                       8.5 km from shore showing an increase
                                               pinniped (one otariid and one phocid)                   document are referenced to a pressure of              of 10 dB in the 100 to 700 Hz band
                                               species) have the reasonable potential to               1 mPa and all airborne sound levels in                during heavy surf conditions;
                                               co-occur with the proposed survey                       this document are referenced to a                        • Precipitation: Sound from rain and
                                               activities. Please refer to Table 1. Of the             pressure of 20 mPa.                                   hail impacting the water surface can
                                               cetacean species that may be present,                      Root mean square (rms) is the                      become an important component of total
                                               humpback whales are classified as low-                  quadratic mean sound pressure over the                noise at frequencies above 500 Hz, and
                                               frequency cetaceans, and harbor                         duration of an impulse. Rms is                        possibly down to 100 Hz during quiet
                                               porpoise are classified as high-                        calculated by squaring all of the sound               times;
                                               frequency cetaceans.                                    amplitudes, averaging the squares, and                   • Biological: Marine mammals can
                                                                                                       then taking the square root of the                    contribute significantly to ambient noise
                                               Potential Effects of Specified Activities                                                                     levels, as can some fish and shrimp. The
                                                                                                       average (Urick 1983). Rms accounts for
                                               on Marine Mammals and Their Habitat                                                                           frequency band for biological
                                                                                                       both positive and negative values;
                                                 This section includes a summary and                   squaring the pressures makes all values               contributions is from approximately 12
                                               discussion of the ways that components                  positive so that they may be accounted                Hz to over 100 kHz; and
                                               of the specified activity may impact                    for in the summation of pressure levels                  • Anthropogenic: Sources of ambient
                                               marine mammals and their habitat. The                   (Hastings and Popper 2005). This                      noise related to human activity include
                                               Estimated Take by Incidental                            measurement is often used in the                      transportation (surface vessels and
                                               Harassment 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 Analysis                averaged units than by peak pressures.                typically dominates the total ambient
                                               and Determination section considers the                    When underwater objects vibrate or                 noise for frequencies between 20 and
                                               content of this section, the Estimated                  activity occurs, sound-pressure waves                 300 Hz. In general, the frequencies of
                                               Take by Incidental Harassment section,                  are created. These waves alternately                  anthropogenic sounds are below 1 kHz
                                               and the Proposed Mitigation section, to                 compress and decompress the water as                  and, if higher frequency sound levels
                                               draw conclusions regarding the likely                   the sound wave travels. Underwater                    are created, they attenuate rapidly
                                               impacts of these activities on the                      sound waves radiate in all directions                 (Richardson et al., 1995). Sound from
                                               reproductive success or survivorship of                 away from the source (similar to ripples              identifiable anthropogenic sources other
                                               individuals and how those impacts on                    on the surface of a pond), except in                  than the activity of interest (e.g., a
                                               individuals are likely to impact marine                 cases where the source is directional.                passing vessel) is sometimes termed
                                               mammal species or stocks.                               The compressions and decompressions                   background sound, as opposed to
                                                                                                       associated with sound waves are                       ambient sound.
                                               Description of Sound                                    detected as changes in pressure by                       The sum of the various natural and
                                                 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’’
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                                               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


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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                            52401

                                               spatially and temporally varying                          Non-impulsive sounds can be tonal,                  (Richardson et al., 1995; Gordon et al.,
                                               properties of the water column and sea                  narrowband, or broadband, brief or                    2004; Nowacek et al., 2007; Southall et
                                               floor, and is frequency-dependent. As a                 prolonged, and may be either                          al., 2007; Gotz et al., 2009). The degree
                                               result of the dependence on a large                     continuous or intermittent (ANSI 1995;                of effect is intrinsically related to the
                                               number of varying factors, ambient                      NIOSH 1998). Some of these non-                       signal characteristics, received level,
                                               sound levels can be expected to vary                    impulsive sounds can be transient                     distance from the source, and duration
                                               widely over both coarse and fine spatial                signals of short duration but without the             of the sound exposure. In general,
                                               and temporal scales. Sound levels at a                  essential properties of impulses (e.g.,               sudden, high level sounds can cause
                                               given frequency and location can vary                   rapid rise time). Examples of non-                    hearing loss, as can longer exposures to
                                               by 10–20 dB from day to day                             impulsive sounds include those                        lower level sounds. Temporary or
                                               (Richardson et al., 1995). The result is                produced by vessels, aircraft, machinery              permanent loss of hearing will occur
                                               that, depending on the source type and                  operations such as drilling or dredging,              almost exclusively for noise within an
                                               its intensity, sound from the specified                 vibratory pile driving, and active sonar              animal’s hearing range. We first describe
                                               activity may be a negligible addition to                systems. The duration of such sounds,                 specific manifestations of acoustic
                                               the local environment or could form a                   as received at a distance, can be greatly             effects before providing discussion
                                               distinctive signal that may affect marine               extended in a highly reverberant                      specific to the City of Juneau’s
                                               mammals.                                                environment.                                          construction activities.
                                                                                                         The use of explosives for two days of                  Richardson et al. (1995) described
                                               Description of Sounds Sources                           blasting, is considered an impulsive                  zones of increasing intensity of effect
                                                  In-water construction activities                     sound, which is characterized by a short              that might be expected to occur, in
                                               associated with the project would                       duration, abrupt onset, and rapid decay.              relation to distance from a source and
                                               include vibratory pile removal,                         Exposure to high intensity sound may                  assuming that the signal is within an
                                               dredging, and blasting. Sound sources                   result in behavioral reactions and                    animal’s hearing range. First is the area
                                               can be divided into broad categories                    auditory effects such as a noise-induced              within which the acoustic signal would
                                               based on various criteria or for various                threshold shift—an increase in the                    be audible (potentially perceived) to the
                                               purposes. With regard to temporal                       auditory threshold after exposure to                  animal, but not strong enough to elicit
                                               properties, sounds are generally                        noise (Finneran et al., 2005). The                    any overt behavioral or physiological
                                               considered to be either continuous or                   proposed project also includes the use                response. The next zone corresponds
                                               transient (i.e., intermittent). Continuous              of various low-level non-impulsive                    with the area where the signal is audible
                                               sounds are simply those whose sound                     acoustic sources including dredging,                  to the animal and of sufficient intensity
                                               pressure level remains above ambient                    that would consistently emit noise for                to elicit behavioral or physiological
                                               sound during the observation period                     an extended period of time (up to 45                  responsiveness. Third is a zone within
                                               (ANSI, 2005). Intermittent sounds are                   days) and increase vessel traffic in the              which, for signals of high intensity, the
                                               defined as sounds with interrupted                      vicinity of a small harbor. The source                received level is sufficient to potentially
                                               levels of low or no sound (NIOSH,                       levels as well as impacts from dredging               cause discomfort or tissue damage to
                                               1998). Sound sources may also be                        and fill placement activities are sources             auditory or other systems. Overlaying
                                               categorized based on their potential to                 with generally lower source levels than               these zones to a certain extent is the
                                               damage hearing. The sounds produced                     many other sources we consider and are                area within which masking (i.e., when a
                                               by these activities fall into one of two                not thought to be dissimilar to ambient               sound interferes with or masks the
                                               general sound types: Impulsive and                      noise levels in an area with sustained                ability of an animal to detect a signal of
                                               non-impulsive (defined in the                           anthropogenic activity and vessel traffic,            interest that is above the absolute
                                               following). The distinction between                     such as Statter Harbor, and may range                 hearing threshold) may occur; the
                                               these two sound types is important                      from having the potential to cause Level              masking zone may be highly variable in
                                               because they have differing potential to                B harassment to exposure to noise that                size.
                                               cause physical effects, particularly with               does not result in harassment. Here, we                  We describe the more severe effects
                                               regard to hearing (e.g., Ward 1997 in                   make conservative assessments of the                  (i.e., permanent hearing impairment,
                                               Southall et al., 2007). Please see                      potential to harass marine mammals                    certain non-auditory physical or
                                               Southall et al. (2007) for an in-depth                  incidental to the project and, in the                 physiological effects) only briefly as we
                                               discussion of these concepts.                           Estimated Take section, accordingly                   do not expect that there is a reasonable
                                                  Impulsive sound sources (e.g.,                       propose to authorize take, by Level B                 likelihood that the City of Juneau’s
                                               explosions, gunshots, sonic booms,                      harassment only for some of these lesser              activities may result in such effects (see
                                               impact pile driving) are by definition                  known sources.                                        below for further discussion). Marine
                                               intermittent, and produce signals that                                                                        mammals exposed to high-intensity
                                               are brief (typically considered to be less              Acoustic Impacts                                      sound, or to lower-intensity sound for
                                               than one second), broadband, atonal                        Anthropogenic sounds cover a broad                 prolonged periods, can experience
                                               transients (ANSI 1986; Harris 1998;                     range of frequencies and sound levels                 hearing threshold shift (TS), which is
                                               NIOSH 1998; ISO 2003; ANSI 2005) and                    and can have a range of highly variable               the loss of hearing sensitivity at certain
                                               occur either as isolated events or                      impacts on marine life, from none or                  frequency ranges (Kastak et al., 1999;
                                               repeated in some succession. Impulsive                  minor to potentially severe responses,                Schlundt et al., 2000; Finneran et al.,
                                               sounds are all characterized by a                       depending on received levels, duration                2002, 2005b). TS can be permanent
                                               relatively rapid rise from ambient                      of exposure, behavioral context, and                  (PTS), in which case the loss of hearing
                                               pressure to a maximal pressure value                    various other factors. The potential                  sensitivity is not fully recoverable, or
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                                               followed by a rapid decay period that                   effects of underwater sound from active               temporary (TTS), in which case the
                                               may include a period of diminishing,                    acoustic sources can potentially result               animal’s hearing threshold would
                                               oscillating maximal and minimal                         in one or more of the following;                      recover over time (Southall et al., 2007).
                                               pressures, and generally have an                        temporary or permanent hearing                        Repeated sound exposure that leads to
                                               increased capacity to induce physical                   impairment, non-auditory physical or                  TTS could cause PTS. In severe cases of
                                               injury as compared with sounds that                     physiological effects, behavioral                     PTS, there can be total or partial
                                               lack these features.                                    disturbance, stress, and masking                      deafness, while in most cases the animal


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                                               52402                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               has an impaired ability to hear sounds                  may be able to readily compensate for                 explosion on a marine mammal depends
                                               in specific frequency ranges (Kryter                    a brief, relatively small amount of TTS               on many factors, including the size,
                                               1985).                                                  in a non-critical frequency range that                type, and depth of both the animal and
                                                  When PTS occurs, there is physical                   occurs during a time where ambient                    the explosive charge; the depth of the
                                               damage to the sound receptors in the ear                noise is lower and there are not as many              water column; and the standoff distance
                                               (i.e., tissue damage), whereas TTS                      competing sounds present.                             between the charge and the animal, as
                                               represents primarily tissue fatigue and                 Alternatively, a larger amount and                    well as the sound propagation
                                               is reversible (Southall et al., 2007). In               longer duration of TTS sustained during               properties of the environment. Potential
                                               addition, other investigators have                      a time when communication is critical                 impacts can range from brief effects
                                               suggested that TTS is within the normal                 for successful mother/calf interactions               (such as behavioral disturbance), tactile
                                               bounds of physiological variability and                 could have more serious impacts.                      perception, physical discomfort, slight
                                               tolerance and does not represent                           Currently, TTS data only exist for four            injury of the internal organs and the
                                               physical injury (e.g., Ward 1997).                      species of cetaceans (bottlenose dolphin              auditory system, to death of the animal
                                               Therefore, NMFS does not consider TTS                   (Tursiops truncatus), beluga whale                    (Yelverton et al., 1973; DoN, 2001).
                                               to constitute auditory injury.                          (Delphinapterus leucas), harbor                       Non-lethal injury includes slight injury
                                                  Relationships between TTS and PTS                    porpoise, and Yangtze finless porpoise                to internal organs and the auditory
                                               thresholds have not been studied in                     (Neophocoena asiaeorientalis) and three               system; however, delayed lethality can
                                               marine mammals—PTS data exists only                     species of pinnipeds (northern elephant               be a result of individual or cumulative
                                               for a single harbor seal (Kastak et al.,                seal (Mirounga angustirostris), harbor                sublethal injuries (DoN, 2001).
                                               2008)—but are assumed to be similar to                  seal, and California sea lion (Zalophus               Immediate lethal injury would be a
                                               those in humans and other terrestrial                   californianus)) exposed to a limited                  result of massive combined trauma to
                                               mammals. PTS typically occurs at                        number of sound sources (i.e., mostly                 internal organs as a direct result of
                                               exposure levels at least several dB above               tones and octave-band noise) in                       proximity to the point of detonation
                                               that which induces mild TTS: a 40–dB                    laboratory settings (e.g., Finneran et al.,           (DoN 2001). Generally, the higher the
                                               threshold shift approximates PTS onset;                 2002; Nachtigall et al., 2004; Kastak et              level of impulse and pressure level
                                               e.g., Kryter et al., 1966; Miller, 1974),               al., 2005; Lucke et al., 2009; Popov et               exposure, the more severe the impact to
                                               whereas a 6–dB threshold shift                          al., 2011). In general, harbor seals                  an individual.
                                               approximates TTS onset (e.g., Southall                  (Kastak et al., 2005; Kastelein et al.,                  Injuries resulting from a shock wave
                                               et al., 2007). Based on data from                       2012a) and harbor porpoises (Lucke et                 take place at boundaries between tissues
                                               terrestrial mammals, a precautionary                    al., 2009; Kastelein et al., 2012b) have              of different density. Different velocities
                                               assumption is that the PTS thresholds                   a lower TTS onset than other measured                 are imparted to tissues of different
                                               for impulse sounds (such as bombs) are                  pinniped or cetacean species.                         densities, and this can lead to their
                                               at least 6 dB higher than the TTS                       Additionally, the existing marine                     physical disruption. Blast effects are
                                               threshold on a peak-pressure basis and                  mammal TTS data come from a limited                   greatest at the gas-liquid interface
                                               PTS cumulative sound exposure level                     number of individuals within these                    (Landsberg 2000). Gas-containing
                                               thresholds are 15 to 20 dB higher than                  species. There are no data available on               organs, particularly the lungs and
                                               TTS cumulative sound exposure level                     noise-induced hearing loss for                        gastrointestinal (GI) tract, are especially
                                               thresholds (Southall et al., 2007). Given               mysticetes. For summaries of data on                  susceptible (Goertner 1982; Hill 1978;
                                               the higher level of sound or longer                     TTS in marine mammals or for further                  Yelverton et al., 1973). In addition, gas-
                                               exposure duration necessary to cause                    discussion of TTS onset thresholds,                   containing organs including the nasal
                                               PTS as compared with TTS, it is                         please see Finneran (2015).                           sacs, larynx, pharynx, trachea, and
                                               considerably less likely that PTS could                                                                       lungs may be damaged by compression/
                                               occur.                                                  Physiological Effects
                                                                                                                                                             expansion caused by the oscillations of
                                                  TTS is the mildest form of hearing                      In addition to PTS and TTS, there is               the blast gas bubble. Intestinal walls can
                                               impairment that can occur during                        a potential for non-auditory                          bruise or rupture, with subsequent
                                               exposure to sound (Kryter 1985). While                  physiological effects or injuries that                hemorrhage and escape of gut contents
                                               experiencing TTS, the hearing threshold                 theoretically might occur in marine                   into the body cavity. Less severe GI tract
                                               rises, and a sound must be at a higher                  mammals exposed to high level                         injuries include contusions, petechiae
                                               level in order to be heard. In terrestrial              underwater sound or as a secondary                    (small red or purple spots caused by
                                               and marine mammals, TTS can last from                   effect of extreme behavioral reactions                bleeding in the skin), and slight
                                               minutes or hours to days (in cases of                   (e.g., change in dive profile as a result             hemorrhaging (Yelverton et al., 1973).
                                               strong TTS). In many cases, hearing                     of an avoidance reaction) caused by                      Because the ears are the most
                                               sensitivity recovers rapidly after                      exposure to sound. These impacts can                  sensitive to pressure, they are the organs
                                               exposure to the sound ends. Few data                    include neurological effects, bubble                  most sensitive to injury (Ketten 2000).
                                               on sound levels and durations necessary                 formation, resonance effects, and other               Sound-related damage associated with
                                               to elicit mild TTS have been obtained                   types of organ or tissue damage (Cox et               blast noise can be theoretically distinct
                                               for marine mammals.                                     al., 2006; Southall et al., 2007; Zimmer              from injury from the shock wave,
                                                  Marine mammal hearing plays a                        and Tyack 2007). The City of Juneau’s                 particularly farther from the explosion.
                                               critical role in communication with                     activities involve the use of devices                 If an animal is able to hear a noise, at
                                               conspecifics, and interpretation of                     such as explosives, which has been                    some level it can damage its hearing by
                                               environmental cues for purposes such                    associated with these types of effects.               causing decreased sensitivity (Ketten
                                               as predator avoidance and prey capture.                 The underwater explosion will send a                  1995). Sound-related trauma can be
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                                               Depending on the degree (elevation of                   shock wave and blast noise through the                lethal or sublethal. Lethal impacts are
                                               threshold in dB), duration (i.e., recovery              water, release gaseous by-products,                   those that result in immediate death or
                                               time), and frequency range of TTS, and                  create an oscillating bubble, and cause               serious debilitation in or near an intense
                                               the context in which it is experienced,                 a plume of water to shoot up from the                 source and are not, technically, pure
                                               TTS can have effects on marine                          water surface. The shock wave and blast               acoustic trauma (Ketten 1995). Sublethal
                                               mammals ranging from discountable to                    noise are of most concern to marine                   impacts include hearing loss, which is
                                               serious. For example, a marine mammal                   animals. The effects of an underwater                 caused by exposures to perceptible


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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                           52403

                                               sounds. Severe damage (from the shock                   involving marine mammal behavioral                    biologically sensitive temporal or spatial
                                               wave) to the ears includes tympanic                     responses to sound.                                   point in the life history of the animal.
                                               membrane rupture, fracture of the                          Habituation can occur when an                      There are broad categories of potential
                                               ossicles, damage to the cochlea,                        animal’s response to a stimulus wanes                 response, which we describe in greater
                                               hemorrhage, and cerebrospinal fluid                     with repeated exposure, usually in the                detail here, that include alteration of
                                               leakage into the middle ear. Moderate                   absence of unpleasant associated events               dive behavior, alteration of foraging
                                               injury implies partial hearing loss due                 (Wartzok et al., 2003). Animals are most              behavior, effects to breathing,
                                               to tympanic membrane rupture and                        likely to habituate to sounds that are                interference with or alteration of
                                               blood in the middle ear. Permanent                      predictable and unvarying. It is                      vocalization, avoidance, and flight.
                                               hearing loss also can occur when the                    important to note that habituation is                    Changes in dive behavior can vary
                                               hair cells are damaged by one very loud                 appropriately considered as a                         widely, and may consist of increased or
                                               event, as well as by prolonged exposure                 ‘‘progressive reduction in response to                decreased dive times and surface
                                               to a loud noise or chronic exposure to                  stimuli that are perceived as neither                 intervals as well as changes in the rates
                                               noise. The level of impact from blasts                  aversive nor beneficial,’’ rather than as,            of ascent and descent during a dive (e.g.,
                                               depends on both an animal’s location                    more generally, moderation in response                Frankel and Clark 2000; Costa et al.,
                                               and, at outer zones, on its sensitivity to              to human disturbance (Bejder et al.,                  2003; Ng and Leung 2003; Nowacek et
                                               the residual noise (Ketten 1995).                       2009). The opposite process is                        al., 2004; Goldbogen et al., 2013a,b).
                                                 The above discussion concerning                       sensitization, when an unpleasant                     Variations in dive behavior may reflect
                                               underwater explosions only pertains to                  experience leads to subsequent                        interruptions in biologically significant
                                               open water detonations in a free field                  responses, often in the form of                       activities (e.g., foraging) or they may be
                                               without mitigation. Therefore, given the                avoidance, at a lower level of exposure.              of little biological significance. The
                                               low weight of the charges and small size                As noted, behavioral state may affect the             impact of an alteration to dive behavior
                                               of the detonation relative to large open                type of response. For example, animals                resulting from an acoustic exposure
                                                                                                       that are resting may show greater                     depends on what the animal is doing at
                                               water detonations in conjunction with
                                                                                                       behavioral change in response to                      the time of the exposure and the type
                                               monitoring and mitigation measures
                                                                                                       disturbing sound levels than animals                  and magnitude of the response.
                                               discussed below, The City of Juneau’s                                                                            Disruption of feeding behavior can be
                                                                                                       that are highly motivated to remain in
                                               two blasting events are not likely to                                                                         difficult to correlate with anthropogenic
                                                                                                       an area for feeding (Richardson et al.,
                                               have injury or mortality effects on                                                                           sound exposure, so it is usually inferred
                                                                                                       1995; NRC 2003; Wartzok et al., 2003).
                                               marine mammals in the project vicinity.                                                                       by observed displacement from known
                                                                                                       Controlled experiments with captive
                                               Instead, NMFS considers that The City                                                                         foraging areas, the appearance of
                                                                                                       marine mammals have showed
                                               of Juneau ’s blasts are most likely to                                                                        secondary indicators (e.g., bubble nets
                                                                                                       pronounced behavioral reactions,
                                               cause behavioral harassment and may                                                                           or sediment plumes), or changes in dive
                                                                                                       including avoidance of loud sound
                                               cause TTS in a few individual marine                    sources (Ridgway et al., 1997; Finneran               behavior. As for other types of
                                               mammals, as discussed below.                            et al., 2003). Observed responses of wild             behavioral response, the frequency,
                                               Behavioral Effects                                      marine mammals to loud, intermittent                  duration, and temporal pattern of signal
                                                                                                       sound sources (typically seismic airguns              presentation, as well as differences in
                                                  Behavioral disturbance may include a                 or acoustic harassment devices) have                  species sensitivity, are likely
                                               variety of effects, including subtle                    been varied but often consist of                      contributing factors to differences in
                                               changes in behavior (e.g., minor or brief               avoidance behavior or other behavioral                response in any given circumstance
                                               avoidance of an area or changes in                      changes suggesting discomfort (Morton                 (e.g., Croll et al., 2001; Nowacek et al.,
                                               vocalizations), more conspicuous                        and Symonds 2002; see also Richardson                 2004; Madsen et al., 2006; Yazvenko et
                                               changes in similar behavioral activities,               et al., 1995; Nowacek et al., 2007).                  al., 2007). A determination of whether
                                               and more sustained and/or potentially                      Available studies show wide variation              foraging disruptions incur fitness
                                               severe reactions, such as displacement                  in response to underwater sound;                      consequences would require
                                               from or abandonment of high-quality                     therefore, it is difficult to predict                 information on or estimates of the
                                               habitat. Behavioral responses to sound                  specifically how any given sound in a                 energetic requirements of the affected
                                               are highly variable and context-specific                particular instance might affect marine               individuals and the relationship
                                               and any reactions depend on numerous                    mammals perceiving the signal. If a                   between prey availability, foraging effort
                                               intrinsic and extrinsic factors (e.g.,                  marine mammal does react briefly to an                and success, and the life history stage of
                                               species, state of maturity, experience,                 underwater sound by changing its                      the animal.
                                               current activity, reproductive state,                   behavior or moving a small distance, the                 Variations in respiration naturally
                                               auditory sensitivity, time of day), as                  impacts of the change are unlikely to be              vary with different behaviors and
                                               well as the interplay between factors                   significant to the individual, let alone              alterations to breathing rate as a
                                               (e.g., Richardson et al., 1995; Wartzok et              the stock or population. However, if a                function of acoustic exposure can be
                                               al., 2003; Southall et al., 2007; Weilgart,             sound source displaces marine                         expected to co-occur with other
                                               2007; Archer et al., 2010). Behavioral                  mammals from an important feeding or                  behavioral reactions, such as a flight
                                               reactions can vary not only among                       breeding area for a prolonged period,                 response or an alteration in diving.
                                               individuals but also within an                          impacts on individuals and populations                However, respiration rates in and of
                                               individual, depending on previous                       could be significant (e.g., Lusseau and               themselves may be representative of
                                               experience with a sound source,                         Bejder 2007; Weilgart 2007; NRC 2005).                annoyance or an acute stress response.
                                               context, and numerous other factors                     This highlights the importance of                     Various studies have shown that
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                                               (Ellison et al., 2012), and can vary                    assessing the context of the acoustic                 respiration rates may either be
                                               depending on characteristics associated                 effects alongside the received levels                 unaffected or could increase, depending
                                               with the sound source (e.g., whether it                 anticipated. Severity of effects from a               on the species and signal characteristics,
                                               is moving or stationary, number of                      response to an acoustic stimuli can                   again highlighting the importance in
                                               sources, distance from the source).                     likely vary based on the context in                   understanding species differences in the
                                               Please see Appendices B–C of Southall                   which the stimuli was received,                       tolerance of underwater noise when
                                               et al. (2007) for a review of studies                   particularly if it occurred during a                  determining the potential for impacts


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                                               52404                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               resulting from anthropogenic sound                      from the area where the signal provokes               neuroendocrine responses, or immune
                                               exposure (e.g., Kastelein et al., 2001,                 flight to, in extreme cases, marine                   responses (e.g., Seyle 1950; Moberg
                                               2005b, 2006; Gailey et al., 2007).                      mammal strandings (Evans and England                  2000). In many cases, an animal’s first
                                                  Marine mammals vocalize for                          2001). However, it should be noted that               and sometimes most economical (in
                                               different purposes and across multiple                  response to a perceived predator does                 terms of energetic costs) response is
                                               modes, such as whistling, echolocation                  not necessarily invoke flight (Ford and               behavioral avoidance of the potential
                                               click production, calling, and singing.                 Reeves 2008), and whether individuals                 stressor. Autonomic nervous system
                                               Changes in vocalization behavior in                     are solitary or in groups may influence               responses to stress typically involve
                                               response to anthropogenic noise can                     the response.                                         changes in heart rate, blood pressure,
                                               occur for any of these modes and may                       Behavioral disturbance can also                    and gastrointestinal activity. These
                                               result from a need to compete with an                   impact marine mammals in more subtle                  responses have a relatively short
                                               increase in background noise or may                     ways. Increased vigilance may result in               duration and may or may not have a
                                               reflect increased vigilance or a startle                costs related to diversion of focus and               significant long-term effect on an
                                               response. For example, in the presence                  attention (i.e., when a response consists             animal’s fitness.
                                               of potentially masking signals,                         of increased vigilance, it may come at                   Neuroendocrine stress responses often
                                               humpback whales and killer whales                       the cost of decreased attention to other              involve the hypothalamus-pituitary-
                                               have been observed to increase the                      critical behaviors such as foraging or                adrenal system. Virtually all
                                               length of their songs (Miller et al., 2000;             resting). These effects have generally not            neuroendocrine functions that are
                                               Fristrup et al., 2003; Foote et al., 2004),             been demonstrated for marine                          affected by stress—including immune
                                               while right whales (Eubalaena glacialis)                mammals, but studies involving fish                   competence, reproduction, metabolism,
                                               have been observed to shift the                         and terrestrial animals have shown that               and behavior—are regulated by pituitary
                                               frequency content of their calls upward                 increased vigilance may substantially                 hormones. Stress-induced changes in
                                               while reducing the rate of calling in                   reduce feeding rates (e.g., Beauchamp                 the secretion of pituitary hormones have
                                               areas of increased anthropogenic noise                  and Livoreil 1997; Fritz et al., 2002;                been implicated in failed reproduction,
                                               (Parks et al., 2007b). In some cases,                   Purser and Radford 2011). In addition,                altered metabolism, reduced immune
                                               animals may cease sound production                      chronic disturbance can cause                         competence, and behavioral disturbance
                                               during production of aversive signals                   population declines through reduction                 (e.g., Moberg 1987; Blecha 2000).
                                               (Bowles et al., 1994).                                  of fitness (e.g., decline in body                     Increases in the circulation of
                                                  Avoidance is the displacement of an                  condition) and subsequent reduction in                glucocorticoids are also equated with
                                               individual from an area or migration                    reproductive success, survival, or both               stress (Romano et al., 2004).
                                               path because of the presence of a sound                 (e.g., Harrington and Veitch, 1992; Daan                 The primary distinction between
                                               or other stressors, and is one of the most              et al., 1996; Bradshaw et al., 1998).                 stress (which is adaptive and does not
                                               obvious manifestations of disturbance in                However, Ridgway et al. (2006) reported               normally place an animal at risk) and
                                               marine mammals (Richardson et al.,                      that increased vigilance in bottlenose                ‘‘distress’’ is the cost of the response.
                                               1995). For example, gray whales                         dolphins exposed to sound over a five-                During a stress response, an animal uses
                                               (Eschrictius robustus) are known to                     day period did not cause any sleep                    glycogen stores that can be quickly
                                               change direction—deflecting from                        deprivation or stress effects.                        replenished once the stress is alleviated.
                                               customary migratory paths—in order to                      Many animals perform vital functions,              In such circumstances, the cost of the
                                               avoid noise from seismic surveys                        such as feeding, resting, traveling, and              stress response would not pose serious
                                               (Malme et al., 1984). Avoidance may be                  socializing, on a diel cycle (24-hour                 fitness consequences. However, when
                                               short-term, with animals returning to                   cycle). Disruption of such functions                  an animal does not have sufficient
                                               the area once the noise has ceased (e.g.,               resulting from reactions to stressors                 energy reserves to satisfy the energetic
                                               Bowles et al., 1994; Goold, 1996; Stone                 such as sound exposure are more likely                costs of a stress response, energy
                                               et al., 2000; Morton and Symonds, 2002;                 to be significant if they last more than              resources must be diverted from other
                                               Gailey et al., 2007). Longer-term                       one diel cycle or recur on subsequent                 functions. This state of distress will last
                                               displacement is possible, however,                      days (Southall et al., 2007).                         until the animal replenishes its
                                               which may lead to changes in                            Consequently, a behavioral response                   energetic reserves sufficient to restore
                                               abundance or distribution patterns of                   lasting less than one day and not                     normal function.
                                               the affected species in the affected                    recurring on subsequent days is not                      Relationships between these
                                               region if habituation to the presence of                considered particularly severe unless it              physiological mechanisms, animal
                                               the sound does not occur (e.g.,                         could directly affect reproduction or                 behavior, and the costs of stress
                                               Blackwell et al., 2004; Bejder et al.,                  survival (Southall et al., 2007). Note that           responses are well studied through
                                               2006; Teilmann et al., 2006).                           there is a difference between multi-day               controlled experiments and for both
                                                  A flight response is a dramatic change               substantive behavioral reactions and                  laboratory and free-ranging animals
                                               in normal movement to a directed and                    multi-day anthropogenic activities. For               (e.g., Holberton et al., 1996; Hood et al.,
                                               rapid movement away from the                            example, just because an activity lasts               1998; Jessop et al., 2003; Krausman et
                                               perceived location of a sound source.                   for multiple days does not necessarily                al., 2004; Lankford et al., 2005). Stress
                                               The flight response differs from other                  mean that individual animals are either               responses due to exposure to
                                               avoidance responses in the intensity of                 exposed to activity-related stressors for             anthropogenic sounds or other stressors
                                               the response (e.g., directed movement,                  multiple days or, further, exposed in a               and their effects on marine mammals
                                               rate of travel). Relatively little                      manner resulting in sustained multi-day               have also been reviewed (Fair and
                                               information on flight responses of                      substantive behavioral responses.                     Becker 2000; Romano et al., 2002b) and,
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                                               marine mammals to anthropogenic                                                                               more rarely, studied in wild populations
                                               signals exist, although observations of                 Stress Response                                       (e.g., Romano et al., 2002a). For
                                               flight responses to the presence of                       An animal’s perception of a threat                  example, Rolland et al. (2012) found
                                               predators have occurred (Connor and                     may be sufficient to trigger stress                   that noise reduction from reduced ship
                                               Heithaus 1996). The result of a flight                  responses consisting of some                          traffic in the Bay of Fundy was
                                               response could range from brief,                        combination of behavioral responses,                  associated with decreased stress in
                                               temporary exertion and displacement                     autonomic nervous system responses,                   North Atlantic right whales. These and


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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                             52405

                                               other studies lead to a reasonable                      responses to the acoustic signature                   modification could be biologically
                                               expectation that some marine mammals                    (Viada et al., 2008). Potential effects               significant if the change affects growth,
                                               will experience physiological stress                    from impulsive sound sources like                     survival, or reproduction. Significant
                                               responses upon exposure to acoustic                     blasting can range in severity from                   behavioral modifications that could
                                               stressors and that it is possible that                  effects such as behavioral disturbance to             potentially lead to effects on growth,
                                               some of these would be classified as                    temporary or permanent hearing                        survival, or reproduction include:
                                               ‘‘distress.’’ In addition, any animal                   impairment (Yelverton et al., 1973). Due                 • Drastic changes in diving/surfacing
                                               experiencing TTS would likely also                      to the nature of the sounds involved in               patterns (such as those thought to cause
                                               experience stress responses (NRC,                       the project, behavioral disturbance is                beaked whale stranding due to exposure
                                               2003).                                                  the most likely effect from the proposed              to military mid-frequency tactical
                                                                                                       activity. Marine mammals exposed to                   sonar);
                                               Acoustic Effects, Underwater                                                                                     • Longer-term habitat abandonment
                                                                                                       high intensity sound repeatedly or for
                                                  The effects of sounds from The City                  prolonged periods can experience                      due to loss of desirable acoustic
                                               of Juneau’s proposed activities might                   hearing threshold shifts. PTS constitutes             environment; and
                                               include one or more of the following:                   injury, but TTS does not (Southall et al.,               • Longer-term cessation of feeding or
                                               Temporary or permanent hearing                          2007). Due to the use mitigation                      social interaction.
                                               impairment, non-auditory physical or                    measures discussed in detail in the                      The onset of behavioral disturbance
                                               physiological effects, behavioral                       Proposed Mitigation Section, it is                    from anthropogenic sound depends on
                                               disturbance, and masking (Richardson                    unlikely but possible that PTS could                  both external factors (characteristics of
                                               et al., 1995; Gordon et al., 2003;                      occur from blasting.                                  sound sources and their paths) and the
                                               Nowacek et al., 2007; Southall et al.,                                                                        specific characteristics of the receiving
                                               2007). The effects of pile removal or                   Disturbance Reactions                                 animals (hearing, motivation,
                                               dredging on marine mammals are                             Responses to continuous sound, such                experience, demography) and is difficult
                                               dependent on several factors, including                 as vibratory pile installation, have not              to predict (Southall et al., 2007).
                                               the type and depth of the animal; the                   been documented as well as responses                  Auditory Masking
                                               pile size and type, and the intensity and               to intermittent sounds. With pile
                                               duration of the pile removal or dredging                removal as well as dredging activities, it               Sound can disrupt behavior through
                                               sound; the substrate; the standoff                      is likely that the onset of sound sources             masking, or interfering with, an animal’s
                                               distance between the pile and the                       could result in temporary, short-term                 ability to detect, recognize, or
                                               animal; and the sound propagation                       changes in an animal’s typical behavior               discriminate between acoustic signals of
                                               properties of the environment. Impacts                  and/or avoidance of the affected area.                interest (e.g., those used for intraspecific
                                               to marine mammals from pile removal                     These behavioral changes may include                  communication and social interactions,
                                               and dredging activities are expected to                 (Richardson et al., 1995): Changing                   prey detection, predator avoidance,
                                               result primarily from acoustic pathways.                durations of surfacing and dives,                     navigation) (Richardson et al., 1995).
                                               As such, the degree of effect is                        number of blows per surfacing, or                     Masking occurs when the receipt of a
                                               intrinsically related to the frequency,                 moving direction and/or speed;                        sound is interfered with by another
                                               received level, and duration of the                     reduced/increased vocal activities;                   coincident sound at similar frequencies
                                               sound exposure, which are in turn                       changing/cessation of certain behavioral              and at similar or higher intensity, and
                                               influenced by the distance between the                  activities (such as socializing or                    may occur whether the sound is natural
                                               animal and the source. The further away                 feeding); visible startle response or                 (e.g., snapping shrimp, wind, waves,
                                               from the source, the less intense the                   aggressive behavior (such as tail/fluke               precipitation) or anthropogenic (e.g.,
                                               exposure should be. The substrate and                   slapping or jaw clapping); avoidance of               shipping, sonar, seismic exploration) in
                                               depth of the habitat affect the sound                   areas where sound sources are located;                origin. The ability of a noise source to
                                               propagation properties of the                           and/or flight responses (e.g., pinnipeds              mask biologically important sounds
                                               environment. The characteristics of                     flushing into water from haulouts or                  depends on the characteristics of both
                                               dredging noise are such that there is a                 rookeries). Pinnipeds may increase their              the noise source and the signal of
                                               clear impulse peak, from the impact of                  haul out time, possibly to avoid in-water             interest (e.g., signal-to-noise ratio,
                                               the dredge making contact with the                      disturbance (Thorson and Reyff 2006). If              temporal variability, direction), in
                                               substrate, but then there is a prolonged                a marine mammal responds to a                         relation to each other and to an animal’s
                                               period of sound which is the noise of                   stimulus by changing its behavior (e.g.,              hearing abilities (e.g., sensitivity,
                                               the continual operation of the dredge                   through relatively minor changes in                   frequency range, critical ratios,
                                               delving the sediment. As such, we have                  locomotion direction/speed or                         frequency discrimination, directional
                                               chosen to consider the characteristics                  vocalization behavior), the response                  discrimination, age or TTS hearing loss),
                                               noise as a continuous source despite the                may or may not constitute taking at the               and existing ambient noise and
                                               impulse at the beginning of the                         individual level, and is unlikely to                  propagation conditions.
                                               waveform characterizing dredging noise.                 affect the stock or the species as a                     Under certain circumstances, marine
                                               In addition, substrates that are soft (e.g.,            whole. However, if a sound source                     mammals experiencing significant
                                               sand) would absorb or attenuate the                     displaces marine mammals from an                      masking could also be impaired from
                                               sound more readily than hard substrates                 important feeding or breeding area for a              maximizing their performance fitness in
                                               (e.g., rock), which may reflect the                     prolonged period, impacts on animals,                 survival and reproduction. Therefore,
                                               acoustic wave. Soft porous substrates                   and if so potentially on the stock or                 when the coincident (masking) sound is
                                               would also likely require less time to                  species, could potentially be significant             man-made, it may be considered
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                                               extract the pile or dredge the substrate,               (e.g., Lusseau and Bejder 2007; Weilgart              harassment when disrupting or altering
                                               and possibly less forceful equipment,                   2007).                                                critical behaviors. It is important to
                                               which would ultimately decrease the                        The biological significance of many of             distinguish TTS and PTS, which persist
                                               intensity of the acoustic source.                       these behavioral disturbances is difficult            after the sound exposure, from masking,
                                                  In the absence of mitigation, impacts                to predict, especially if the detected                which occurs during the sound
                                               to marine species could be expected to                  disturbances appear minor. However,                   exposure. Because masking (without
                                               include physiological and behavioral                    the consequences of behavioral                        resulting in TS) is not associated with


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                                               52406                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               abnormal physiological function, it is                  during the construction window other                  impact short term. In general, impacts to
                                               not considered a physiological effect,                  than the occurrence of the foraging BIA               marine mammal prey species are
                                               but rather a potential behavioral effect.               for humpback whales. While                            expected to be minor and temporary due
                                                  The frequency range of the potentially               humpbacks are known to feed in Statter                to the short timeframe for the project.
                                               masking sound is important in                           Harbor, this is a small portion of the
                                               determining any potential impacts. For                                                                        Effects on Potential Foraging Habitat
                                                                                                       overall area designated as important.
                                               example, low-frequency signals may                      The small portion of the BIA affected by                 The area likely impacted by the
                                               have less effect on high-frequency                      the construction noise, in conjunction                project is relatively small compared to
                                               echolocation sounds produced by                         with the short temporal scale of                      the available habitat in Auke Bay (e.g.,
                                               odontocetes but are more likely to affect               construction activity (57 days, only in               most of the impacted area is limited
                                               detection of mysticete communication                    daylight hours) make it unlikely the                  near the northwest corner of the bay).
                                               calls and other potentially important                   effects of the construction will                      Avoidance by potential prey (i.e., fish)
                                               natural sounds such as those produced                   significantly alter the foraging habitat of           of the immediate area due to the
                                               by surf and some prey species. The                      humpbacks in southeast Alaska.                        temporary loss of this foraging habitat is
                                               masking of communication signals by                     Therefore, the main impact issue                      also possible. The duration of fish
                                               anthropogenic noise may be considered                   associated with the proposed activity                 avoidance of this area after construction
                                               as a reduction in the communication                     would be temporarily elevated sound                   activity stops is unknown, but a rapid
                                               space of animals (e.g., Clark et al., 2009)             levels and the associated direct effects              return to normal recruitment,
                                               and may result in energetic or other                    on marine mammals, as discussed                       distribution and behavior is anticipated.
                                               costs as animals change their                           previously in this document. The                      Any behavioral avoidance by fish of the
                                               vocalization behavior (e.g., Miller et al.,             primary potential acoustic impacts to                 disturbed area would still leave
                                               2000; Foote et al., 2004; Parks et al.,                 marine mammal habitat are associated                  significantly large areas of fish and
                                               2007b; Di Iorio and Clark 2009; Holt et                 with elevated sound levels produced by                marine mammal foraging habitat in the
                                               al., 2009). Masking can be reduced in                   pile removal, dredging, and blasting in               nearby vicinity in Auke Bay.
                                               situations where the signal and noise                   the area. However, other potential                       The duration of the construction
                                               come from different directions                          impacts to the surrounding habitat from               activities is relatively short. The
                                               (Richardson et al., 1995), through                      physical disturbance are also possible.               construction window is for a maximum
                                               amplitude modulation of the signal, or                                                                        of 57 days and each day, construction
                                               through other compensatory behaviors                    In-Water Construction Effects on
                                                                                                       Potential Prey (Fish)                                 activities would occur for less than half
                                               (Houser and Moore 2014). Masking can                                                                          of the day. Impacts to habitat and prey
                                               be tested directly in captive species                      Construction activities would produce
                                                                                                                                                             are expected to be minimal based on the
                                               (e.g., Erbe 2008), but in wild                          continuous (i.e., vibratory pile removal
                                                                                                                                                             short duration of activities.
                                               populations it must be either modeled                   and dredging) and pulsed (blasting)
                                                                                                       sounds. Fish react to sounds that are                    In summary, given the short daily
                                               or inferred from evidence of masking
                                                                                                       especially strong and/or intermittent                 duration of sound associated with
                                               compensation. There are few studies
                                               addressing real-world masking sounds                    low-frequency sounds. Short duration,                 individual construction activities and
                                               likely to be experienced by marine                      sharp sounds can cause overt or subtle                the relatively small areas being affected,
                                               mammals in the wild (e.g., Branstetter et               changes in fish behavior and local                    the proposed actions are not likely to
                                               al., 2013).                                             distribution. Hastings and Popper (2005)              have a permanent, adverse effect on any
                                                  Masking affects both senders and                     identified several studies that suggest               fish habitat, or populations of fish
                                               receivers of acoustic signals and can                   fish may relocate to avoid certain areas              species. Thus, any impacts to marine
                                               potentially have long-term chronic                      of sound energy. Additional studies                   mammal habitat are not expected to
                                               effects on marine mammals at the                        have documented effects of impulsive                  cause significant or long-term
                                               population level as well as at the                      sounds such as pile driving on fish,                  consequences for individual marine
                                               individual level. Low-frequency                         although several are based on studies in              mammals or their populations.
                                               ambient sound levels have increased by                  support of large, multiyear bridge                    Estimated Take
                                               as much as 20 dB (more than three times                 construction projects (e.g., Scholik and
                                               in terms of SPL) in the world’s ocean                   Yan 2001, 2002; Popper and Hastings                     This section provides an estimate of
                                               from pre-industrial periods, with most                  2009). Sound pulses at received levels                the number of incidental takes proposed
                                               of the increase from distant commercial                 of 160 dB may cause subtle changes in                 for authorization through this IHA,
                                               shipping (Hildebrand 2009). All                         fish behavior. SPLs of 180 dB may cause               which will inform both NMFS’
                                               anthropogenic sound sources, but                        noticeable changes in behavior (Pearson               consideration of ‘‘small numbers’’ and
                                               especially chronic and lower-frequency                  et al., 1992; Skalski et al., 1992). SPLs             the negligible impact determination.
                                               signals (e.g., from vessel traffic),                    of sufficient strength have been known                  Harassment is the only type of take
                                               contribute to elevated ambient sound                    to cause injury to fish and fish                      expected to result from these activities.
                                               levels, thus intensifying masking.                      mortality.                                            Except with respect to certain activities
                                                                                                          The most likely impact to fish from                not pertinent here, section 3(18) of the
                                               Anticipated Effects on Habitat                          pile removal and dredging activities at               MMPA defines ‘‘harassment’’ as: Any
                                                 The proposed activities at the project                the project area would be temporary                   act of pursuit, torment, or annoyance
                                               area would not result in permanent                      behavioral avoidance of the area. The                 which (i) has the potential to injure a
                                               negative impacts to habitats used                       duration of fish avoidance of this area               marine mammal or marine mammal
                                               directly by marine mammals, but may                     after pile driving stops is unknown, but              stock in the wild (Level A harassment);
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                                               have potential short-term impacts to                    a rapid return to normal recruitment,                 or (ii) has the potential to disturb a
                                               food sources such as forage fish and                    distribution and behavior is anticipated.             marine mammal or marine mammal
                                               may affect acoustic habitat. There are no               While impacts from blasting to fish are               stock in the wild by causing disruption
                                               known foraging hotspots or other ocean                  more severe, including barotrauma and                 of behavioral patterns, including, but
                                               bottom structure of significant biological              mortality, the blast will last                        not limited to, migration, breathing,
                                               importance to marine mammals present                    approximately one second on each of                   nursing, breeding, feeding, or sheltering
                                               in the marine waters of the project area                two days, making the duration of this                 (Level B harassment).


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                                                                           Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                                      52407

                                                  Authorized takes would primarily be                    Acoustic Thresholds                                                   B harassment when exposed to
                                               by Level B harassment, as use of the                         Using the best available science,                                  underwater anthropogenic noise above
                                               explosives, vibratory pile removal, and                   NMFS has developed acoustic                                           received levels of 120 dB re 1 mPa (rms)
                                               dredging has the potential to result in                   thresholds that identify the received                                 for continuous (e.g., vibratory pile-
                                               disruption of behavioral patterns for                     level of underwater sound above which                                 driving, drilling) and above 160 dB re 1
                                               individual marine mammals. There is                       exposed marine mammals would be                                       mPa (rms) for intermittent (e.g., impact
                                               also some potential for auditory injury                   reasonably expected to be behaviorally                                pile driving) sources.
                                               and (Level A harassment) to result from                   harassed (equated to Level B                                             The City of Juneau’s proposed activity
                                               blasting, primarily for high frequency                    harassment) or to incur PTS of some                                   includes the use of continuous sounds
                                               species and phocids because predicted                     degree (equated to Level A harassment).                               (vibratory pile removal, dredging) and
                                               auditory injury zones are larger than for                 Thresholds have also been developed to                                therefore the 120 dB re 1 mPa (rms)
                                               low-frequency species and otariids. The                   identify the pressure levels above which                              threshold for behavioral harassment is
                                               proposed mitigation and monitoring                        animals may incur different types of                                  applicable. While the proposed activity
                                               measures are expected to minimize the                     tissue damage from exposure to pressure                               also includes impulsive sounds
                                               severity of such taking to the extent                     waves from explosive detonation.                                      (blasting), the 160 dB re 1 1 mPa (rms)
                                               practicable.                                                 Level B Harassment for non-explosive                               threshold for behavioral harassment is
                                                  As described previously, no mortality                  sources—Though significantly driven by                                not applicable, as behavioral harassment
                                               is anticipated or proposed to be                          received level, the onset of behavioral                               is not expected from single detonation
                                               authorized for this activity. Below we                    disturbance from anthropogenic noise                                  events, although TTS is possible.
                                               describe how the take is estimated.                       exposure is also informed to varying                                     Level A harassment for non-explosive
                                                  Generally speaking, we estimate take                   degrees by other factors related to the                               sources—NMFS’ Technical Guidance
                                               by considering: (1) Acoustic thresholds                   source (e.g., frequency, predictability,                              for Assessing the Effects of
                                               above which NMFS believes the best                        duty cycle), the environment (e.g.,                                   Anthropogenic Sound on Marine
                                               available science indicates marine                        bathymetry), and the receiving animals                                Mammal Hearing (Version 2.0)
                                               mammals will be behaviorally harassed                     (hearing, motivation, experience,                                     (Technical Guidance, 2018) identifies
                                               or incur some degree of permanent                         demography, behavioral context) and                                   dual criteria to assess auditory injury
                                               hearing impairment; (2) the area or                       can be difficult to predict (Southall et                              (Level A harassment) to five different
                                               volume of water that will be ensonified                   al., 2007, Ellison et al., 2012). Based on                            marine mammal groups (based on
                                               above these levels in a day; (3) the                      what the available science indicates and                              hearing sensitivity) as a result of
                                               density or occurrence of marine                           the practical need to use a threshold                                 exposure to noise from two different
                                               mammals within these ensonified areas;                    based on a factor that is both predictable                            types of sources (impulsive or non-
                                               and, (4) and the number of days of                        and measurable for most activities,                                   impulsive). The City of Juneau’s
                                               activities. We note that while these                      NMFS uses a generalized acoustic                                      proposed activity includes the use non-
                                               basic factors can contribute to a basic                   threshold based on received level to                                  impulsive (dredging, vibratory pile
                                               calculation to provide an initial                         estimate the onset of behavioral                                      removal) sources.
                                               prediction of takes, additional                           harassment. This threshold is not                                        These thresholds are provided in the
                                               information that can qualitatively                        applied to single detonations as the                                  table below. The references, analysis,
                                               inform take estimates is also sometimes                   sound is instantaneous in nature such                                 and methodology used in the
                                               available (e.g., previous monitoring                      that a behavioral harassment is not                                   development of the thresholds are
                                               results or average group size). Below, we                 expected to result, although TTS may                                  described in NMFS 2018 Technical
                                               describe the factors considered here in                   occur. NMFS predicts that marine                                      Guidance, which may be accessed at:
                                               more detail and present the proposed                      mammals are likely to be behaviorally                                 http://www.nmfs.noaa.gov/pr/acoustics/
                                               take estimate.                                            harassed in a manner we consider Level                                guidelines.htm.

                                                                          TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
                                                                                                                                                              PTS onset acoustic thresholds *
                                                                       Hearing group
                                                                                                                                                         Impulsive                                              Non-impulsive

                                               Low-Frequency (LF) Cetaceans ......................................   Cell   1:   Lpk,flat:   219   dB;   LE,LF,24h: 183 dB .........................   Cell   2: LE,LF,24h: 199 dB.
                                               Mid-Frequency (MF) Cetaceans ......................................   Cell   3:   Lpk,flat:   230   dB;   LE,MF,24h: 185 dB ........................    Cell   4: LE,MF,24h: 198 dB.
                                               High-Frequency (HF) Cetaceans .....................................   Cell   5:   Lpk,flat:   202   dB;   LE,HF,24h: 155 dB ........................    Cell   6: LE,HF,24h: 173 dB.
                                               Phocid Pinnipeds (PW) (Underwater) .............................      Cell   7:   Lpk,flat:   218   dB;   LE,PW,24h: 185 dB .......................     Cell   8: LE,PW,24h: 201 dB.
                                               Otariid Pinnipeds (OW) (Underwater) .............................     Cell   9:   Lpk,flat:   232   dB;   LE,OW,24h: 203 dB .......................     Cell   10: LE,OW,24h: 219 dB.
                                                  * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul-
                                               sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should
                                               also be considered.
                                                  Note: Peak sound pressure (Lpk) has a reference value of 1μPa, and cumulative sound exposure (LE) has a reference value of 1μPa2s. In this
                                               Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is de-
                                               fined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being in-
                                               cluded to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated
                                               with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
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                                               cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
                                               thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for
                                               action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.


                                                 Explosive sources—Based on the best                     acoustic and pressure thresholds                                      of behavioral harassment, PTS, tissue
                                               available science, NMFS uses the                          indicated in Table 3 to predict the onset                             damage, and mortality.



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                                               52408                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices




                                               Ensonified Area                            bucket strike has a high peak sound                                levels from the analog project were used
                                                  Here, we describe operational and       pressure with rapid rise time and rapid                            in conjunction with the NMFS 2018
                                               environmental parameters of the activity decay (characteristics typical of an                                 updated User Spreadsheet Tool for
                                               that will feed into identifying the area   impulsive sound source), the duration                              predicting threshold shift isopleths for
                                               ensonified above the acoustic              of the source signal was longer than                               multiple detonations, after being
                                               thresholds, which include source levels what is often considered for an                                       corrected to a 1-m reference source
                                               and transmission loss coefficient.         impulsive sound source, about 50                                   level. The median of 10 measurements,
                                                  Vibratory removal—The closest           seconds, which is the approximate                                  consisting of detonations ranging from
                                               known measurements of vibratory pile       duration of one continuous noise signal                            19 to 78 individual holes for the
                                               removal similar to this project are from   from the dredging equipment. The                                   detonation, resulted in a source level of
                                               the Kake Ferry Terminal project for        events following the initial waveform                              227.98 dB single shot SEL.
                                               vibratory extraction of an 18-in steel     impulse were of longer duration and                                  When the NMFS Technical Guidance
                                               pile. The extraction of 18-in steel pipe   were non-impulsive in form and                                     (2016) was published, in recognition of
                                               pile using a vibratory hammer resulted     therefore dredging was analyzed as a                               the fact that ensonified area/volume
                                               in underwater noise levels reaching        continuous source. Dickerson et al                                 could be more technically challenging
                                               156.2 dB RMS at 7 m (Denes et al. 2016). (2001) took 104 SPL RMS measurements                                 to predict because of the duration
                                               The pile diameters for the proposed        for the first five distinct phases of the                          component in the new thresholds,
                                               project are smaller, thus the use of noise dredging cycle and averaged them,                                  NMFS developed a User Spreadsheet
                                               levels associated with the pile            including the impulse in the waveform                              that includes tools to help predict a
                                               extraction at Kake may be somewhat         of the dredge making contact with the                              simple isopleth that can be used in
                                               conservative. For timber pile removal,     substrate. These averages were distance                            conjunction with marine mammal
                                               the Seattle Pier 62/63 sound source        corrected to determine an average SPL                              density or occurrence to help predict
                                               verification report contains an appendix of 150.5 dB RMS at 1 m for the bucket                                takes. We note that because of some of
                                               with source measurements at different      dredging process, with an assumed                                  the assumptions included in the
                                               distances for 63 individual pile           maximum duration of up to 50 seconds,                              methods used for these tools, we
                                               removals (WSDOT, 2015). When the           of non-impulsive, continuous noise.                                anticipate that isopleths produced are
                                               data are normalized to 10 m, the median      Blasting—Historic data from an                                   typically going to be overestimates of
                                               source level is 152 dB RMS at 10 m.        analog project were analyzed to create a                           some degree, which may result in some
                                                  Dredging—For dredging, sound            conservative attenuation model for                                 degree of overestimate of Level A
                                               source data was used from bucket           anticipated pressure levels from                                   harassment take. However, these tools
                                               dredging operations in Cook Inlet,         confined blasting in drilled shafts in                             offer the best way to predict appropriate
                                               Alaska (Dickerson et al. 2001). Dredging underwater bedrock. Sound pressure                                   isopleths when more sophisticated 3D
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                                               in that project consisted of six distinct  data from the analog project was                                   modeling methods are not available, and
                                               events, including the bucket striking the analyzed to compare source pressure                                 NMFS continues to develop ways to
                                               channel bottom, bucket digging, winch      levels to received impulse levels (Alaska                          quantitatively refine these tools, and
                                               in/out as the bucket is lowered/raised,    Seismic, 2018). These models were used                             will qualitatively address the output
                                               dumping of the material on the barge       to predict distances to the peak level                             where appropriate. For stationary
                                               and emptying the barge at the disposal     and impulse thresholds summarized                                  sources, the NMFS User Spreadsheet
                                                                                                                                                                                                          EN17OC18.026</GPH>




                                               site. Although the waveform of the         above in Table 3. Cumulative source                                predicts the closest distance at which, if


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                                                                                  Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                                                                   52409

                                               a marine mammal remained at that                                          used in the User Spreadsheet, and the
                                               distance the whole duration of the                                        resulting isopleths are reported below.
                                               activity, it would not incur PTS. Inputs

                                                                                                                  TABLE 4—NMFS USER SPREADSHEET INPUTS
                                                                                                                                                             Timber removal                Steel removal                    Dredging                      Blasting

                                                                                                                                                                                                                                                            E.2:
                                                                                                                                                                                                                              A:                       Explosives:
                                                                                   Spreadsheet tab used                                                              A.1:                         A.1:                   Stationary:                     impulsive,
                                                                                                                                                                  Vibratory                    Vibratory                non-impulsive,                  intermittent
                                                                                                                                                                 pile driving                 pile driving               continuous                       (multiple
                                                                                                                                                                                                                                                       detonations)

                                               Source Level (Single Strike/shot SEL) ....................................................                    ..........................   ..........................   ..........................                227.975
                                               Source Level (RMS SPL) ........................................................................                                   152                       156.2                        150.5       ..........................
                                               Weighting Factor Adjustment (kHz) .........................................................                                        2.5                          2.5                             2                            1
                                               (a) Number of strikes/detonations in 1 h .................................................                    ..........................   ..........................   ..........................                           1
                                               (a) Activity Duration (h) within 24-h period ..............................................                   ..........................   ..........................                         11                             1
                                               Propagation (xLogR) ................................................................................                                15                           15                           15                           20
                                               Distance of source level measurement (m) + ..........................................                                               10                             7                            1    ..........................
                                               # of piles/shots in a 24 h period ..............................................................                                    16                             4    ..........................                           1
                                               Duration to drive (remove) a single pile (min) .........................................                                            20                           20     ..........................   ..........................



                                                 When using the inputs from Table 4,
                                               the outputs generated are summarized
                                               below in Table 5.

                                                                                                     TABLE 5—NMFS USER SPREADSHEET GENERATED OUTPUTS
                                                                                                                                        [User Spreadsheet Output]

                                                                                                                                                                                                   PTS Isopleth (meters)
                                                                                           Source type                                                         Low-frequency                 High-frequency                     Phocid                      Otariid
                                                                                                                                                                 cetaceans                     cetaceans                       pinnipeds                  pinnipeds

                                               Timber removal ........................................................................................                             5.2                           7.7                         3.2                       0.2
                                               Steel Removal .........................................................................................                             2.8                           4.1                         1.7                       0.1
                                               Dredging ..................................................................................................                         0.7                           0.6                         0.4                       0.0
                                               Blasting (SELcum) * .................................................................................                              176                           59.1                        71.4                      10.1
                                               Blasting (PK) * ..........................................................................................                         22.1                         156.5                        24.8                       4.9

                                                                                                                                           TTS Isopleth (meters)

                                               Blasting (SEL cum) * ................................................................................                            989.8                          332.3                      401.7                        56.9
                                               Blasting (PK) * ..........................................................................................                        44.1                          312.2                       49.5                         9.9

                                                                                                                    Level B Behavioral Harassment Isopleth (meters)

                                               Timber removal ........................................................................................                                                         1359.36
                                               Steel removal ...........................................................................................                                                       1813.14
                                               Dredging ..................................................................................................                                                     107.98
                                                  * Impulsive sounds have a dual metric threshold (SELcum and PK). Metric producing the largest isopleth should be used.


                                               Marine Mammal Occurrence                                                  to arrive at a number of animals                                             Because reliable densities are not
                                                 In this section we provide the                                          expected to occur within the harbor per                                    available, the applicant requests take
                                               information about the presence, density,                                  day. For humpback whales, it is                                            based on the above mentioned
                                               or group dynamics of marine mammals                                       assumed that a maximum of two                                              maximum number of animals that may
                                               that will inform the take calculations.                                   animals per day are likely to be seen in                                   occur in the harbor per day multiplied
                                               Reliable densities are not available for                                  the harbor. For Steller sea lions, the                                     by the number of days of the activity.
                                               Statter Harbor or the Auke Bay area.                                      potential maximum daily occurrence of                                      The applicant varied these calculations
                                               Generalized densities for the North                                       animals is 121 individuals within the                                      based on certain factors.
                                               Pacific would not be applicable given                                     harbor. For harbor seals, the maximum                                        Humpback whale—Based on the size
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                                               the high variability in occurrence and                                    daily occurrence of animals is 52                                          of the harassment zone for dredging, in
                                               density at specific inlets and harbors.                                   individuals.                                                               combination with the Proposed
                                               Therefore, the applicant consulted                                        Take Calculation and Estimation                                            Mitigation outlined below, the applicant
                                               opportunistic sightings data from                                                                                                                    does not expect humpback whales to
                                               oceanographic surveys in Auke Bay and                                       Here we describe how the information                                     approach the dredging vessel and
                                               sightings from Auke Bay Marine Station                                    provided above is brought together to                                      therefore is not requesting take of
                                               observation pier for this specific harbor                                 produce a quantitative take estimate.                                      humpback whales from dredging.


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                                               52410                            Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               Because of the nature of blasting, there                          lions. No more than 20 of those Steller                potential 22 Level A harassment takes of
                                               is no behavioral threshold associated                             sea lions are assumed to be within range               harbor seal due to blasting across two
                                               with the activity, but TTS, which is a                            of the PTS blasting isopleths, with the                days. For the TTS blasting zone, which
                                               form of Level B harassment take, may                              remaining 100 takes potentially                        is 400 meters, 52 harbor seals could
                                               occur. With a maximum take of two                                 occurring in the TTS isopleth. While it                occur in the harbor area and were used
                                               animals per day, multiplied by a                                  is conservative to assume 20 Steller sea               to estimate a potential 104 TTS takes of
                                               maximum of 10 days of pile removal                                lions may occur within 10 meters of the                harbor seal across two days of blasting.
                                               and two days of blasting (TTS), the                               blast source, they are regularly seen in               Summed together, this would result in
                                               applicant requests authorization of 24                            the area and the explosives need to be                 1,186 takes of harbor seal.
                                               Level B harassment takes of humpback                              detonated within a certain number of                      Harbor porpoise—Very little is known
                                               whale.                                                            hours after being planted. It is possible              about likelihood of occurrence of harbor
                                                  Steller sea lion—It is estimated that a                        that Stellers could approach the source                porpoise in Statter Harbor but, as noted
                                               maximum of 121 Steller sea lions may                              and the detonation could no longer be                  previously, they are rarely observed in
                                               be seen in Statter Harbor within one                              delayed, exposing Steller sea lions to                 the area and we assume that may occur,
                                               day. A maximum take of 121 animals                                sound levels that may induce PTS. This                 while their cryptic nature makes it
                                               per day for 10 days of pile removal is                            adds to a total of 4,030 takes of Steller              difficult to mitigate all potential for
                                               1,210 Steller sea lions. Given the size of                        sea lion.                                              take. If it is assumed one pair could be
                                               the Level B zone for dredging (108 m),                               Harbor seal—The largest known group                 sighted per day for 10 days of pile
                                               it is possible Steller sea lions may                              size to occur in Statter Harbor is 52                  removal, this would result in potential
                                               approach the source vessel. However,                              individuals, which is the maximum                      take of 20 harbor porpoise. If the same
                                               given the small size of the zone, the                             number of takes per day used in the take               methodology is applied, assuming a pair
                                               applicant reduced the number of                                   estimation section for harbor seals. For               per two days on 45 days of dredging
                                               animals expected to be taken daily from                           10 days of pile removal, using an                      because of the infrequency of harbor
                                               dredging by 50 percent, to 60 Steller sea                         assumed rate of 52 individuals per day,                porpoise and the size of the isopleth,
                                               lions daily. A maximum of 60 takes per                            the potential take of harbor seals is 520.             this would result in take of 44 estimated
                                               day for 45 days of dredging is 2,700                              For 45 days of dredging, the estimated                 harbor porpoise. For two days of
                                               takes of Steller sea lion. For blasting,                          daily take was reduced by half due to                  blasting, it is assumed two harbor
                                               which is confined to the inner harbor,                            the small size of the isopleth, resulting              porpoise may occur each day in the TTS
                                               the TTS zone (57 m) is even smaller                               in an estimate of 1,170 takes. For                     zone, for four total TTS takes, and one
                                               than the size of the dredging zone.                               blasting, it is assumed no more than 11                pair on each day may appear in the PTS
                                               Therefore, if the same maximum of 60                              harbor seals would enter the inner                     zone, resulting in four Level A
                                               Stellers is assumed to be within the                              harbor on a given day and therefore                    harassment takes of harbor porpoise.
                                               zone for two days of blasting, the result                         could occur within 71 meters of the                       The total number of takes proposed
                                               is a potential take of 120 Steller sea                            blasting source. This results in a                     are summarized in Table 6 below.

                                                                                                            TABLE 6—TAKES PROPOSED TO BE AUTHORIZED
                                                                                                                                                                                          Total level B   Total level A
                                                                                                             Takes from            Takes from          TTS takes         PTS takes        harassment      harassment
                                                                                                             pile removal           dredging         from blasting     from blasting         takes           takes

                                               Humpback whale .....................................                       20                  0                   4                0                 24               0
                                               Steller sea lion .........................................              1,210              2,700                 100               20              4,010              20
                                               Harbor seal ..............................................                520              1,170                 104               22              1,794              22
                                               Harbor porpoise .......................................                    20                 44                   4                4                 68               4



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


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                                                                                Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                                           52411

                                               procedures, marine mammal monitoring                                 dredging will shut down immediately                              removal and dredging. Similar
                                               protocol, and operational procedures;                                when the animals are sighted                                     harassment monitoring zones will be
                                                 • For in-water and over-water heavy                                approaching the monitoring zones;                                established for the TTS isopleths
                                               machinery work, if a marine mammal                                     • If take reaches the authorized limit                         associated with each functional hearing
                                               comes within 10 m, operations must                                   for an authorized species, activity for                          group for blasting activities. Monitoring
                                               cease and vessels must reduce speed to                               which take is authorized will be                                 zones provide utility for observing by
                                               the minimum level required to maintain                               stopped as these species approach the                            establishing monitoring protocols for
                                               steerage and safe working conditions.                                monitoring zones to avoid additional                             areas adjacent to the shutdown zones.
                                               This 10 m shutdown encompasses the                                   take of them.
                                                                                                                                                                                     Monitoring zones enable observers to be
                                               Level A harassment zone for pile                                       The following measures would apply
                                                                                                                    to The City of Juneau’s mitigation                               aware of and communicate the presence
                                               removal and dredging and therefore this
                                                                                                                    requirements:                                                    of marine mammals in the project area
                                               requirement is not listed separately.
                                                 • Work may only occur during                                         Establishment of Monitoring Zones for                          outside the shutdown zone and thus
                                               daylight hours, when visual monitoring                               Level B— The City of Juneau will                                 prepare for a potential cease of activity
                                               of marine mammals can be conducted;                                  establish Level B monitoring zones or                            should the animal enter the shutdown
                                                 • For those marine mammals for                                     zones of influence (ZOI) which are areas                         zone. The Level B monitoring zones are
                                               which Level B harassment take has not                                where SPLs are equal to or exceed the                            depicted in Table 7.
                                               been requested, pile removal and                                     120 dB rms threshold during vibratory

                                                                                                             TABLE 7—SHUTDOWN AND MONITORING ZONES
                                                                                                                                                    Monitoring zones                                                        Shutdown zones

                                                                                                         High frequency ce-            Low frequency
                                                                     Source                                                                                              Phocid                       Otariid                   All species
                                                                                                               tacean                    ceteacean

                                               Vibratory Removal—Steel ...................               1,820 m ................    1,820 m ................    1,820 m ................     1,820 m ................     10   m
                                               Vibratory Removal—Timber ................                 1,360 m ................    1,360 m ................    1,360 m ................     1,360 m ................     10   m
                                               Dredging ..............................................   110 m ...................   110 m ...................   110 m ...................    110 m ...................    10   m
                                               Blasting (PTS) .....................................      160 m ...................   180 m ...................   80 m .....................   10 m .....................   10   m
                                               Blasting (TTS) .....................................      340 m ...................   990 m ...................   410 m ...................    60 m .....................   10   m



                                               As shown, the largest Level B zone is                                Level B and shutdown zone will                                   the necessary monitoring and reporting
                                               equal to 1,820 m, making it unlikely that                            commence.                                                        that will result in increased knowledge
                                               PSOs would be able to view the entire                                   For blasting, the TTS zone will be                            of the species and of the level of taking
                                               harassment area. Due to this, Level B                                monitored for a minimum of 30 minutes                            or impacts on populations of marine
                                               exposures will be recorded and                                       prior to detonating the blasts. If a                             mammals that are expected to be
                                               extrapolated based upon the number of                                marine mammal is sighted within the                              present in the proposed action area.
                                               observed take and the percentage of the                              TTS zone, blasting will be delayed until                         Effective reporting is critical both to
                                               Level B harassment zone that was not                                 the zone is clear of marine mammals for                          compliance as well as ensuring that the
                                               visible.                                                             30 minutes. This will continue as long                           most value is obtained from the required
                                                  Pre-Activity Monitoring—Prior to the                              as practicable within the constraints of                         monitoring.
                                               start of daily in-water activity, or                                 the blasting design but not beyond                                  Monitoring and reporting
                                               whenever a break in activity of 30                                   sunset on the same day as the charges                            requirements prescribed by NMFS
                                               minutes or longer occurs, the observer                               cannot lay dormant for more than 24                              should contribute to improved
                                               will observe the shutdown and                                        hours, which may force the detonation                            understanding of one or more of the
                                               monitoring zones for a period of 30                                  of the blast in the presence of marine                           following:
                                               minutes. The shutdown zone will be                                   mammals. Charges will be laid as early
                                               cleared when a marine mammal has not                                                                                                     • Occurrence of marine mammal
                                                                                                                    as possible in the morning.                                      species or stocks in the area in which
                                               been observed within the zone for that                                  Based on our evaluation of the
                                               30-minute period. If a marine mammal                                                                                                  take is anticipated (e.g., presence,
                                                                                                                    applicant’s proposed measures, NMFS
                                               is observed within the shutdown zone,                                                                                                 abundance, distribution, density);
                                                                                                                    has preliminarily determined that the
                                               activity cannot proceed until the animal                             proposed mitigation measures provide                                • Nature, scope, or context of likely
                                               has left the zone or has not been                                    the means effecting the least practicable                        marine mammal exposure to potential
                                               observed for 15 minutes. If the Level B                              impact on the affected species or stocks                         stressors/impacts (individual or
                                               harassment zone has been observed for                                and their habitat, paying particular                             cumulative, acute or chronic), through
                                               30 minutes and non-permitted species                                 attention to rookeries, mating grounds,                          better understanding of: (1) Action or
                                               are not present within the zone, activity                            and areas of similar significance.                               environment (e.g., source
                                               can commence and work can continue                                                                                                    characterization, propagation, ambient
                                               even if visibility becomes impaired                                  Proposed Monitoring and Reporting                                noise); (2) affected species (e.g., life
                                               within the Level B zone. When a marine                                 In order to issue an IHA for an                                history, dive patterns); (3) co-occurrence
                                               mammal permitted for Level B take is                                 activity, Section 101(a)(5)(D) of the                            of marine mammal species with the
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                                               present in the Level B harassment zone,                              MMPA states that NMFS must set forth,                            action; or (4) biological or behavioral
                                               activities may begin and Level B take                                requirements pertaining to the                                   context of exposure (e.g., age, calving or
                                               will be recorded. As stated above, if the                            monitoring and reporting of such taking.                         feeding areas);
                                               entire Level B zone is not visible at the                            The MMPA implementing regulations at                                • Individual marine mammal
                                               start of construction, activity can begin.                           50 CFR 216.104 (a)(13) indicate that                             responses (behavioral or physiological)
                                               If work ceases for more than 30 minutes,                             requests for authorizations must include                         to acoustic stressors (acute, chronic, or
                                               the pre-activity monitoring of both the                              the suggested means of accomplishing                             cumulative), other stressors, or


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                                               52412                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               cumulative impacts from multiple                           • Other PSOs may substitute                          • Other human activity in the area.
                                               stressors;                                              education (degree in biological science                 If no comments are received from
                                                  • How anticipated responses to                       or related field) or training for                     NMFS within 30 days, the draft final
                                               stressors impact either: (1) Long-term                  experience.                                           report will constitute the final report. If
                                               fitness and survival of individual                         • Where a team of three or more PSOs               comments are received, a final report
                                               marine mammals; or (2) populations,                     are required, a lead observer or                      addressing NMFS comments must be
                                               species, or stocks;                                     monitoring coordinator must be                        submitted within 30 days after receipt of
                                                  • Effects on marine mammal habitat                   designated. The lead observer must have               comments.
                                               (e.g., marine mammal prey species,                      prior experience working as a marine                    In the unanticipated event that the
                                               acoustic habitat, or other important                    mammal observer during construction.                  specified activity clearly causes the take
                                               physical components of marine                              • The applicant must submit PSO                    of a marine mammal in a manner
                                               mammal habitat); and                                    CVs for approval by NMFS.                             prohibited by the IHA (if issued), such
                                                                                                          The applicant must ensure that                     as a serious injury or mortality, The City
                                                  • Mitigation and monitoring
                                                                                                       observers have the following additional               of Juneau would immediately cease the
                                               effectiveness.
                                                                                                       qualifications:                                       specified activities and report the
                                               Visual Monitoring                                          • Ability to conduct field                         incident to the Office of Protected
                                                                                                       observations and collect data according               Resources, NMFS, and the Alaska
                                                  Monitoring would be conducted 30
                                                                                                       to assigned protocols.                                Regional Stranding Coordinator. The
                                               minutes before, during, and 30 minutes                     • Experience or training in the field
                                               after construction activities. In addition,                                                                   report would include the following
                                                                                                       identification of marine mammals,                     information:
                                               observers must record all incidents of                  including the identification of
                                               marine mammal occurrence, regardless                                                                            • Description of the incident;
                                                                                                       behaviors.                                              • Environmental conditions (e.g.,
                                               of distance from activity, and must                        • Sufficient training, orientation, or
                                               document any behavioral reactions in                                                                          Beaufort sea state, visibility);
                                                                                                       experience with the construction                        • Description of all marine mammal
                                               concert with distance from construction                 operation to provide for personal safety              observations in the 24 hours preceding
                                               activities.                                             during observations.                                  the incident;
                                                  PSOs would be land-based observers.                     • Writing skills sufficient to prepare a             • Species identification or
                                               Observers will be stationed at locations                report of observations including but not              description of the animal(s) involved;
                                               that provide adequate visual coverage                   limited to the number and species of                    • Fate of the animal(s); and
                                               for shutdown and monitoring zones.                      marine mammals observed; dates and                      • Photographs or video footage of the
                                               Potential observation locations are                     times when in-water construction                      animal(s) (if equipment is available).
                                               depicted in Figures 2 and 3 of the                      activities were conducted; dates, times,                Activities would not resume until
                                               applicant’s Marine Mammal Mitigation                    and reason for implementation of                      NMFS is able to review the
                                               and Monitoring Plan. A minimum of                       mitigation (or why mitigation was not                 circumstances of the prohibited take.
                                               one observer would be placed at a                       implemented when required); and                       NMFS would work with The City of
                                               vantage point providing total coverage                  marine mammal behavior.                               Juneau to determine what is necessary
                                               of the monitoring zones and for                            • Ability to communicate orally, by                to minimize the likelihood of further
                                               observation zones larger than 500 m, at                 radio or in person, with project                      prohibited take and ensure MMPA
                                               least one other additional observer will                personnel to provide real-time                        compliance. The City of Juneau would
                                               be placed at the outermost float or other               information on marine mammals                         not be able to resume their activities
                                               similar vantage point in order to observe               observed in the area as necessary.                    until notified by NMFS via letter, email,
                                               the extend observation zone. Optimal                       A draft marine mammal monitoring                   or telephone.
                                               observation locations will be selected                  report would be submitted to NMFS                       In the event that The City of Juneau
                                               based on visibility and the type of work                within 90 days after the completion of                discovers an injured or dead marine
                                               occurring. All PSOs would be trained in                 construction activities. It will include              mammal, and the lead PSO determines
                                               marine mammal identification and                        an overall description of work                        that the cause of the injury or death is
                                               behaviors and are required to have no                   completed, a narrative regarding marine               unknown and the death is relatively
                                               other project-related tasks while                       mammal sightings, and associated PSO                  recent (e.g., in less than a moderate state
                                               conducting monitoring. In addition,                     data sheets. Specifically, the report must            of decomposition as described in the
                                               monitoring will be conducted by                         include:                                              next paragraph), the City of Juneau
                                               qualified observers, who will be placed                    • Date and time that monitored
                                                                                                                                                             would immediately report the incident
                                               at the best vantage point(s) practicable                activity begins or ends;
                                                                                                          • Construction activities occurring                to the Office of Protected Resources,
                                               to monitor for marine mammals and                                                                             NMFS, and the Alaska Regional
                                               implement shutdown/delay procedures                     during each observation period;
                                                                                                          • Weather parameters (e.g., percent                Stranding Coordinator. The report
                                               when applicable by calling for the                                                                            would include the same information
                                                                                                       cover, visibility);
                                               shutdown to the hammer operator.                           • Water conditions (e.g., sea state,               identified in the paragraph above.
                                               Monitoring of construction activities                   tide state);                                          Activities would be able to continue
                                               must be conducted by qualified PSOs                        • Species, numbers, and, if possible,              while NMFS reviews the circumstances
                                               (see below), who must have no other                     sex and age class of marine mammals;                  of the incident. NMFS would work with
                                               assigned tasks during monitoring                           • Description of any observable                    the City of Juneau to determine whether
                                               periods. The applicant must adhere to                   marine mammal behavior patterns,                      modifications in the activities are
                                               the following conditions when selecting                 including bearing and direction of travel             appropriate.
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                                               observers:                                              and distance from construction activity;                In the event that the City of Juneau
                                                  • Independent PSOs must be used                         • Distance from construction                       discovers an injured or dead marine
                                               (i.e., not construction personnel).                     activities to marine mammals and                      mammal and the lead PSO determines
                                                  • At least one PSO must have prior                   distance from the marine mammals to                   that the injury or death is not associated
                                               experience working as a marine                          the observation point;                                with or related to the activities
                                               mammal observer during construction                        • Locations of all marine mammal                   authorized in the IHA (e.g., previously
                                               activities.                                             observations; and                                     wounded animal, carcass with moderate


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                                                                                Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                                52413

                                               to advanced decomposition, or                                          impacts on the environmental baseline                            affect the species or stock through
                                               scavenger damage), the City of Juneau                                  (e.g., as reflected in the regulatory status                     effects on annual rates of recruitment or
                                               would report the incident to the Office                                of the species, population size and                              survival:
                                               of Protected Resources, NMFS, and the                                  growth rate where known, ongoing                                    • No mortality is anticipated or
                                               NMFS Alaska Stranding Hotline and/or                                   sources of human-caused mortality, or                            authorized;
                                               by email to the Alaska Regional                                        ambient noise levels).                                              • There are no known biologically
                                               Stranding Coordinator, within 24 hours                                    As stated in the proposed mitigation                          important areas within the project area;
                                               of the discovery. The City of Juneau                                   section, shutdown zones equal to or                                 • The City of Juneau would
                                               would provide photographs, video                                       exceeding Level A isopleths shown in                             implement mitigation measures such as
                                               footage (if available), or other                                       Table 7 for all activities other than                            shut down zones for all in-water and
                                               documentation of the stranded animal                                   blasting will be implemented. Serious                            over-water activities;
                                               sighting to NMFS and the Marine                                        injury or mortality is not anticipated nor                          • Monitoring reports from similar
                                               Mammal Stranding Coordinator.                                          authorized. Behavioral responses of                              work in Alaska have documented little
                                                                                                                      marine mammals to pile removal and                               to no effect on individuals of the same
                                               Negligible Impact Analysis and                                         dredging, if any, are expected to be mild                        species impacted by the specified
                                               Determination                                                          and temporary due to the short term                              activities;
                                                  NMFS has defined negligible impact                                  duration of the noise produced by the                               Based on the analysis contained
                                               as an impact resulting from the                                        source as well as the relatively low                             herein of the likely effects of the
                                               specified activity that cannot be                                      source levels when compared with                                 specified activity on marine mammals
                                               reasonably expected to, and is not                                     ambient levels in an area with high                              and their habitat, and taking into
                                               reasonably likely to, adversely affect the                             levels of anthropogenic activity. Given                          consideration the implementation of the
                                               species or stock through effects on                                    the short duration of noise-generating                           proposed monitoring and mitigation
                                               annual rates of recruitment or survival                                activities per day and that pile removal                         measures, NMFS preliminarily finds
                                               (50 CFR 216.103). A negligible impact                                  and dredging would occur for 55 days,                            that the total marine mammal take from
                                               finding is based on the lack of likely                                 any harassment would be temporary.                               the proposed activity will have a
                                               adverse effects on annual rates of                                     The blasting is only proposed to occur                           negligible impact on all affected marine
                                               recruitment or survival (i.e., population-                             across 2 days, with one blast scheduled                          mammal species or stocks.
                                               level effects). An estimate of the number                              on each day. In addition, the project
                                               of takes alone is not enough information                               includes generally low level sound                               Small Numbers
                                               on which to base an impact                                             sources, such as dredging and removal                               As noted above, only small numbers
                                               determination. In addition to                                          of piles much smaller than those                                 of incidental take may be authorized
                                               considering estimates of the number of                                 frequently used in other construction                            under Sections 101(a)(5)(A) and (D) of
                                               marine mammals that might be ‘‘taken’’                                 projects. In addition, for all species                           the MMPA for specified activities other
                                               through harassment, NMFS considers                                     except humpbacks, there are no known                             than military readiness activities. The
                                               other factors, such as the likely nature                               biologically important areas near the                            MMPA does not define small numbers
                                               of any responses (e.g., intensity,                                     project zone that would be impacted by                           and so, in practice, where estimated
                                               duration), the context of any responses                                the construction activities. The region of                       numbers are available, NMFS compares
                                               (e.g., critical reproductive time or                                   Statter Harbor where the project will                            the number of individuals taken to the
                                               location, migration), as well as effects                               take place is located in a developed                             most appropriate estimation of
                                               on habitat, and the likely effectiveness                               harbor area with regular marine vessel                           abundance of the relevant species or
                                               of the mitigation. We also assess the                                  traffic. Although there is a resident                            stock in our determination of whether
                                               number, intensity, and context of                                      harbor seal population, the area                                 an authorization is limited to small
                                               estimated takes by evaluating this                                     proposed for construction is not known                           numbers of marine mammals.
                                               information relative to population                                     to be of important biological                                    Additionally, other qualitative factors
                                               status. Consistent with the 1989                                       significance such as used for breeding or                        may be considered in the analysis, such
                                               preamble for NMFS’s implementing                                       foraging. In summary and as described                            as the temporal or spatial scale of the
                                               regulations (54 FR 40338; September 29,                                above, the following factors primarily                           activities.
                                               1989), the impacts from other past and                                 support our preliminary determination                               Table 8 below shows take as a percent
                                               ongoing anthropogenic activities are                                   that the impacts resulting from this                             of population for each of the species
                                               incorporated into this analysis via their                              activity are not expected to adversely                           listed above.

                                                TABLE 8—SUMMARY OF THE ESTIMATED NUMBERS OF MARINE MAMMALS POTENTIALLY EXPOSED TO LEVEL A AND LEVEL
                                                                                         B SOUND LEVELS
                                                                                                                                                                       Proposed         Proposed
                                                                                                                                                                       number of        number of          Stock       Percent of
                                                                   Species                                                 DPS/Stock                                 level B takes    level A takes      abundance     population1
                                                                                                                                                                        by stock         by stock

                                               Steller sea lion ..................................     Eastern DPS ....................................                      3,930               20           41,638            9.5
                                                                                                       Western DPS ...................................                          80                0           53,303           0.15
                                               Harbor seal .......................................     Lynn Canal .......................................                    1,794               22            9,478             19
                                               Harbor porpoise ................................        Southeast Alaska .............................                           68                4              975           6.67
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                                               Humpback whale ..............................           Central North Pacific Stock ..............                               24                0           10,103           0.24
                                                   Total ...........................................   ...........................................................           5,897               46              N/A            N/A



                                                 Table 8 presents the number of                                       received noise levels that may result in                         work at Statter Harbor. Our analysis
                                               animals that could be exposed to                                       Level A or Level B take for the proposed                         shows that less than one third of the



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                                               52414                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               best available population estimate of                   authorize take for endangered or                        (g) Work may only occur during
                                               each affected stock could be taken.                     threatened species.                                   daylight hours.
                                               Therefore, the numbers of animals                          NMFS is proposing to authorize take                  4. Mitigation Measures
                                               authorized to be taken for all species                  of western DPS Steller sea lions and                    The holder of this Authorization is
                                               would be considered small relative to                   potentially Mexico DPS humpback                       required to implement the following
                                               the relevant stocks or populations even                 whales, which are listed under the ESA.               mitigation measures:
                                               if each estimated taking occurred to a                  We have requested initiation of Section                 (a) Shutdown Measures.
                                               new individual—an extremely unlikely                    7 consultation for the issuance of this                 (i) The City of Juneau must implement
                                               scenario. For pinnipeds, especially                     IHA. NMFS will conclude the ESA                       shutdown measures if the number of
                                               harbor seals and Steller sea lions,                     consultation prior to reaching a                      any allotted marine mammal takes
                                               occurring in the vicinity of the project                determination regarding the proposed                  reaches the limit under the IHA and if
                                               site, there will almost certainly be some               issuance of the authorization.                        such marine mammals are sighted
                                               overlap in individuals present day-to-                                                                        within the vicinity of the project area
                                                                                                       Proposed Authorization                                and are approaching their respective
                                               day, and these takes are likely to occur
                                               only within some small portion of the                      As a result of these preliminary                   Level A or Level B monitoring zone.
                                               overall regional stock.                                 determinations, NMFS proposes to issue                  (ii) If a marine mammal comes within
                                                  Based on the analysis contained                      an IHA to the City of Juneau for                      10 meters of in-water, heavy machinery
                                               herein of the proposed activity                         conducting harbor improvement                         work, operations must cease and vessels
                                               (including the proposed mitigation and                  activities in Statter Harbor, Alaska,                 must reduce speed to the minimum
                                               monitoring measures) and the                            provided the previously mentioned                     level required to maintain steerage and
                                               anticipated take of marine mammals,                     mitigation, monitoring, and reporting                 safe working conditions. Construction
                                               NMFS preliminarily finds that small                     requirements are incorporated. This                   crew members can enforce this
                                               numbers of marine mammals will be                       section contains a draft of the IHA itself.           shutdown zone.
                                                                                                       The wording contained in this section is                (b) The City of Juneau must establish
                                               taken relative to the population size of
                                                                                                       proposed for inclusion in the IHA (if                 Level A and Level B monitoring zones
                                               the affected species or stocks.
                                                                                                       issued).                                              as shown in Table 10.
                                               Unmitigable Adverse Impact Analysis                        1. This Incidental Harassment                        (c) The City of Juneau must monitor
                                               and Determination                                       Authorization (IHA) is valid from                     the zone for 30 minutes prior to blasting
                                                                                                       January 1, 2019 to December 31, 2019.                 to establish that the monitoring zone is
                                                 There are no relevant subsistence uses
                                                                                                          2. This IHA is valid only for in-water             clear of marine mammals as long as
                                               of the affected marine mammal stocks or
                                                                                                       construction activities associated with               practicable. Blasting-related activity
                                               species implicated by this action. The
                                                                                                       improvements in Statter Harbor, Alaska.               must be conducted in daylight hours.
                                               proposed project is not known to occur                                                                          5. Monitoring
                                                                                                          3. General Conditions
                                               in an important subsistence hunting                        (a) A copy of this IHA must be in the                The holder of this Authorization is
                                               area. It is a developed area with regular               possession of the City of Juneau, its                 required to conduct marine mammal
                                               marine vessel traffic and the project is                designees, work crew, and marine                      monitoring during construction
                                               one year of a multi-year harbor                         mammal monitoring personnel                           activities. Monitoring and reporting
                                               improvement effort that is already                      operating under the authority of this                 must be conducted in accordance with
                                               underway. The work at this harbor has                   IHA.                                                  the Monitoring Plan.
                                               been publicized and public input has                       (b) The species authorized for taking                (a) Pre-Activity Monitoring
                                               been solicited on the overall                           are humpback whale (Megaptera                           (i) Prior to the start of daily in-water
                                               improvement.                                            novaeangliae), harbor porpoise                        construction activity, or whenever a
                                                 Based on the description of the                       (Phocoena phocoena), Steller sea lion                 break in construction activity of 30
                                               specified activity, the measures                        (Eumetopias jubatus), and harbor seal                 minutes or longer occurs, the observer(s)
                                               described to minimize adverse effects                   (Phoca vitulina).                                     must observe the shutdown and
                                               on the availability of marine mammals                      (c) The taking, by Level A and Level               monitoring zones for a period of 30
                                               for subsistence purposes, and the                       B harassment, is limited to the species               minutes.
                                               proposed mitigation and monitoring                      listed in condition 3(b). See Table 9 for               (ii) The shutdown zone must be
                                               measures, NMFS has preliminarily                        numbers of take authorized.                           cleared when a marine mammal has not
                                               determined that there will not be an                       (d) For those marine mammals for                   been observed within that zone for that
                                               unmitigable adverse impact on                           which take has not been requested, in-                30-minute period.
                                               subsistence uses from the City of                       water activities must shut down                         (iii) If a marine mammal is observed
                                               Juneau’s proposed activities.                           immediately when the animals are                      within the shutdown zone, activities
                                               Endangered Species Act (ESA)                            sighted.                                              can proceed if the animal is observed
                                                                                                          (e) The taking by serious injury or                leaving the zone or has not been
                                                  Section 7(a)(2) of the Endangered                    death of any species of marine mammal                 observed for 30 minutes, even if
                                               Species Act of 1973 (ESA: 16 U.S.C.                     is prohibited and may result in the                   visibility of Level B zone is impaired.
                                               1531 et seq.) requires that each Federal                modification, suspension, or revocation                 (iv) If the Level B harassment zone
                                               agency insure that any action it                        of this IHA.                                          has been observed for 30 minutes and
                                               authorizes, funds, or carries out is not                   (f) The City of Juneau must conduct                species for which take is not authorized
                                               likely to jeopardize the continued                      briefings between construction                        are not present within the zone, in-
                                               existence of any endangered or                          supervisors and crews, marine mammal                  water construction can commence and
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                                               threatened species or result in the                     monitoring team, and the City of Juneau               work can continue even if visibility
                                               destruction or adverse modification of                  staff prior to the start construction                 becomes impaired within the Level B
                                               designated critical habitat. To ensure                  activity, and when new personnel join                 zone.
                                               ESA compliance for the issuance of                      the work, in order to explain                           (v) When a marine mammal permitted
                                               IHAs, NMFS consults internally, in this                 responsibilities, communication                       for Level B take is present in the Level
                                               case with the NMFS Alaska Regional                      procedures, marine mammal monitoring                  B harassment zone, pile removal and
                                               Office, whenever we propose to                          protocol, and operational procedures.                 dredging activities may begin and or


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                                                                               Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                                            52415

                                               continue and Level B take must be                                   monitoring This report must detail the                                     6. Fate of the animal(s); and
                                               recorded.                                                           monitoring protocol, summarize the                                         7. Photographs or video footage of the
                                                 (vi) If the entire Level B zone is not                            data recorded during monitoring, and                                     animal(s). Activities must not resume
                                               visible while work continues, exposures                             estimate the number of marine                                            until NMFS is able to review the
                                               must be recorded and extrapolated                                   mammals that may have been harassed,                                     circumstances of the prohibited take.
                                               based upon the amount of total observed                             including the total number extrapolated                                  NMFS must work with the City of
                                               exposures and the percentage of the                                 from observed animals across the                                         Juneau to determine what measures are
                                               Level B zone that was not visible.                                  entirety of relevant monitoring zones A                                  necessary to minimize the likelihood of
                                                 (b) Monitoring must be conducted by                               final report must be prepared and                                        further prohibited take and ensure
                                               qualified protected species observers                               submitted within thirty days following                                   MMPA compliance. The City of Juneau
                                               (PSOs), with minimum qualifications as                              resolution of comments on the draft                                      may not resume their activities until
                                               described previously in the Monitoring                              report from NMFS. This report must                                       notified by NMFS.
                                               and Reporting section.                                              contain the following:
                                                 (i) Two observers must be on site to                                 (i) Date and time a monitored activity                                  (ii) In the event that the City of Juneau
                                               actively observe the shutdown and                                   begins or ends;                                                          discovers an injured or dead marine
                                               monitoring zones during all pile                                       (ii) Construction activities occurring                                mammal, and the lead observer
                                               removal and dredging.                                               during each observation period;                                          determines that the cause of the injury
                                                 (ii) Observers must use their naked                                  (iii) Record of implementation of                                     or death is unknown and the death is
                                               eye with the aid of binoculars, and/or a                            shutdowns, including the distance of                                     relatively recent (e.g., in less than a
                                               spotting scope during all construction                              animals to the activity and description                                  moderate state of decomposition), the
                                               activities.                                                         of specific actions that ensued and                                      City of Juneau must immediately report
                                                 (iii) Monitoring location(s) must be                              resulting behavior of the animal, if any;                                the incident to the Office of Protected
                                               identified with the following                                          (iv) Weather parameters (e.g., percent                                Resources, NMFS, and the Alaska
                                               characteristics:                                                    cover, visibility);                                                      Regional Stranding Coordinator, NMFS.
                                                 1. Unobstructed view of activity being                               (v) Water conditions (e.g., sea state,                                The report must include the same
                                               conducted;                                                          tide state);                                                             information identified in 6(b)(i) of this
                                                 2. Unobstructed view of all water                                    (vi) Species, numbers, and, if                                        IHA. Activities may continue while
                                               within the Level A zone (if applicable)                             possible, sex and age class of marine                                    NMFS reviews the circumstances of the
                                               and as much of the Level B harassment                               mammals;                                                                 incident. NMFS must work with the
                                               zone as possible.                                                      (vii) Description of any observable                                   City of Juneau to determine whether
                                                 (c) If environmental conditions                                   marine mammal behavior patterns;                                         additional mitigation measures or
                                               restrict the PSOs ability to observe                                   (viii) Distance from construction                                     modifications to the activities are
                                               within the marine mammal shutdown                                   activities to marine mammals and                                         appropriate.
                                               zone (e.g., excessive wind or fog),                                 distance from the marine mammals to                                        (iii) In the event that the City of
                                               construction activities must cease. Work                            the observation point;                                                   Juneau discovers an injured or dead
                                               must not be initiated until the entire                                 (ix) Locations of all marine mammal                                   marine mammal, and the lead observer
                                               shutdown zone is visible.                                           observations; and                                                        determines that the injury or death is
                                                 (d) Marine mammal location must be                                   (x) Other human activity in the area;                                 not associated with or related to the
                                               determined using a rangefinder and a                                   (b) Reporting injured or dead marine
                                                                                                                                                                                            activities authorized in the IHA (e.g.,
                                               GPS or compass.                                                     mammals:
                                                                                                                                                                                            previously wounded animal, carcass
                                                 (e) Ongoing in-water work may be                                     (i) In the unanticipated event that the
                                                                                                                                                                                            with moderate to advanced
                                               continued during periods when                                       specified activity clearly causes the take
                                                                                                                                                                                            decomposition, or scavenger damage),
                                               conditions such as low light, darkness,                             of a marine mammal in a manner
                                                                                                                                                                                            the City of Juneau must report the
                                               high sea state, fog, ice, rain, glare, or                           prohibited by this IHA, such as a serious
                                                                                                                                                                                            incident to the Office of Protected
                                               other conditions prevent effective                                  injury or mortality, The City of Juneau
                                                                                                                                                                                            Resources, NMFS, and the Alaska
                                               marine mammal monitoring of the                                     must immediately cease the specified
                                                                                                                                                                                            Regional Stranding Coordinator, NMFS,
                                               entire Level B harassment zone. PSOs                                activities and report the incident to the
                                                                                                                                                                                            within 24 hours of the discovery. The
                                               would continue to monitor the visible                               Office of Protected Resources, NMFS,
                                                                                                                                                                                            City of Juneau must provide
                                               portion of the Level B harassment zone                              and the Alaska Regional Stranding
                                                                                                                                                                                            photographs, video footage, or other
                                               throughout the duration of construction                             Coordinator, NMFS. The report must
                                                                                                                                                                                            documentation of the stranded animal
                                               activities.                                                         include the following information:
                                                                                                                                                                                            sighting to NMFS.
                                                 (f) Post-activity monitoring must be                                 1. Time and date of the incident;
                                               conducted for 30 minutes beyond the                                    2. Description of the incident;                                       7. Authorization
                                               cessation of construction activities at                                3. Environmental conditions (e.g.,
                                               end of day.                                                         wind speed and direction, Beaufort sea                                      This Authorization may be modified,
                                                 6. Reporting                                                      state, cloud cover, and visibility);                                     suspended or withdrawn if the holder
                                                 The holder of this Authorization is                                  4. Description of all marine mammal                                   fails to abide by the conditions
                                               required to:                                                        observations and active sound source                                     prescribed herein, or if NMFS
                                                 (a) Submit a draft report on all                                  use in the 24 hours preceding the                                        determines the authorized taking is
                                               monitoring conducted under the IHA                                  incident;                                                                having more than a negligible impact on
                                               within ninety calendar days of the                                     5. Species identification or                                          the species or stock of affected marine
                                               completion of marine mammal                                         description of the animal(s) involved;                                   mammals.
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                                                                                                TABLE 9—AUTHORIZED TAKE NUMBERS, BY SPECIES/STOCKS
                                                                  Species                                                                        DPS/Stock                                                       Level A takes   Level B takes

                                               Steller sea lion .................................   Eastern DPS ..............................................................................................              20           3,930
                                                                                                    Western DPS .............................................................................................                0              80



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                                               52416                             Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                                                                        TABLE 9—AUTHORIZED TAKE NUMBERS, BY SPECIES/STOCKS—Continued
                                                                   Species                                                                                DPS/Stock                                                               Level A takes      Level B takes

                                               Harbor seal ......................................        Lynn Canal ................................................................................................                            22            1,794
                                               Harbor porpoise ...............................           Southeast Alaska ......................................................................................                                 4               68
                                               Humpback whale .............................              Hawaii DPS/Central North Pacific Stock ...................................................                                              0               24

                                                     Total ..........................................    ....................................................................................................................                   46            5,897


                                                                                                                 TABLE 10—MONITORING ZONES IN METERS (M)
                                                                                                                                                                 Monitoring zones                                                                 Shutdown zones
                                                                     Source                                    High frequency                     Low frequency                           Phocid                                Otariid              All species
                                                                                                                  cetacean                          cetacean

                                               Vibratory Removal—Steel ...................                 1,820 m ................           1,820 m ................           1,820 m ................          1,820 m ................     10   m
                                               Vibratory Removal—Timber ................                   1,360 m ................           1,360 m ................           1,360 m ................          1,360 m ................     10   m
                                               Dredging ..............................................     110 m ...................          110 m ...................          110 m ...................         110 m ...................    10   m
                                               Blasting (PTS) .....................................        160 m ...................          180 m ...................          80 m .....................        10 m .....................   10   m
                                               Blasting (TTS) .....................................        340 m ...................          990 m ...................          410 m ...................         60 m .....................   10   m



                                               Request for Public Comments                                               not previously analyzed or authorized;                                          DATES: Written comments must be
                                                                                                                         and                                                                             submitted on or before December 17,
                                                  We request comment on our analyses,                                                                                                                    2018.
                                               the proposed authorization, and any                                         • Upon review of the request for
                                               other aspect of this Notice of Proposed                                   renewal, the status of the affected                                             ADDRESSES: Direct all written comments
                                               IHA for the proposed harbor                                               species or stocks, and any other                                                to Jennifer Jessup, Departmental
                                               improvement activities. We also request                                   pertinent information, NMFS                                                     Paperwork Clearance Officer,
                                               comment on the potential for renewal of                                   determines that there are no more than                                          Department of Commerce, Room 6616,
                                               this proposed IHA as described in the                                     minor changes in the activities, the                                            14th and Constitution Avenue NW,
                                               paragraph below. Please include with                                      mitigation and monitoring measures                                              Washington, DC 20230 (or via the
                                               your comments any supporting data or                                      remain the same and appropriate, and                                            internet at pracomments@doc.gov).
                                               literature citations to help inform our                                   the original findings remain valid.                                             FOR FURTHER INFORMATION CONTACT:
                                               final decision on the request for MMPA                                      Dated: October 11, 2018.                                                      Requests for additional information or
                                               authorization.                                                            Donna S. Wieting,
                                                                                                                                                                                                         copies of the information collection
                                                  On a case-by-case basis, NMFS may                                                                                                                      instrument and instructions should be
                                                                                                                         Director, Office of Protected Resources,
                                               issue a second one-year IHA without                                                                                                                       directed to Amy Freitag at 443–258–
                                                                                                                         National Marine Fisheries Service.
                                               additional notice when (1) another year                                                                                                                   6066 or amy.freitag@noaa.gov.
                                                                                                                         [FR Doc. 2018–22604 Filed 10–16–18; 8:45 am]
                                               of identical or nearly identical activities                                                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                                         BILLING CODE 3510–22–P
                                               as described in the Specified Activities                                                                                                                  I. Abstract
                                               section is planned or (2) the activities
                                               would not be completed by the time the                                                                                                                       The National Ocean Service (NOS)
                                                                                                                         DEPARTMENT OF COMMERCE                                                          proposed a new collection in order to
                                               IHA expires and a second IHA would
                                               allow for completion of the activities                                                                                                                    pursue three of the strategic goals of the
                                                                                                                         National Oceanic and Atmospheric
                                               beyond that described in the Dates and                                                                                                                    NOAA Office of Aquaculture: To
                                                                                                                         Administration
                                               Duration section, provided all of the                                                                                                                     advance understanding of the
                                               following conditions are met:                                             Proposed Information Collection;                                                interactions of aquaculture and the
                                                  • A request for renewal is received no                                 Comment Request; Estimating                                                     environment; to increase the supply of
                                               later than 60 days prior to expiration of                                 Economic Burden of Vibrio                                                       nutritious, safe, high-quality domestic
                                               the current IHA;                                                          parahaemolyticus in Washington State                                            seafood; develop and use socioeconomic
                                                                                                                                                                                                         and business research to advance
                                                  • The request for renewal must                                         Aquaculture
                                                                                                                                                                                                         domestic aquaculture. NOS proposes to
                                               include the following:                                                                                                                                    estimate the costs associated with
                                                                                                                         AGENCY:National Oceanic and
                                                  (1) An explanation that the activities                                                                                                                 reported Vibrio illnesses, which is a
                                                                                                                         Atmospheric Administration (NOAA),
                                               to be conducted beyond the initial dates                                                                                                                  demand expressed in a number of
                                                                                                                         Commerce.
                                               either are identical to the previously                                                                                                                    industry settings. Washington State
                                               analyzed activities or include changes                                    ACTION:        Notice.                                                          Department of Health expressed desire
                                               so minor (e.g., reduction in pile size)                                                                                                                   for this information in order to more
                                               that the changes do not affect the                                        SUMMARY:    The Department of                                                   accurately plan their budgets.
                                               previous analyses, take estimates, or                                     Commerce, as part of its continuing                                                Management agency staff, restaurant
daltland on DSKBBV9HB2PROD with NOTICES




                                               mitigation and monitoring                                                 effort to reduce paperwork and                                                  staff, and oyster farm staff will be asked
                                               requirements; and                                                         respondent burden, invites the general                                          to help develop a model of what kind
                                                  (2) A preliminary monitoring report                                    public and other Federal agencies to                                            of expenditures accrue during a
                                               showing the results of the required                                       take this opportunity to comment on                                             response to a reported Vibrio illness and
                                               monitoring to date and an explanation                                     proposed and/or continuing information                                          estimate the value of those
                                               showing that the monitoring results do                                    collections, as required by the                                                 expenditures. The results of the project
                                               not indicate impacts of a scale or nature                                 Paperwork Reduction Act of 1995.                                                will be used to develop a model to


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Document Created: 2018-10-17 01:48:06
Document Modified: 2018-10-17 01:48:06
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 November 16, 2018.
ContactSara Young, 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 52394 
RIN Number0648-XG50

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