Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices 41215

ADDRESSES: If you wish to comment on including severe and routine weather ACTION: Notice; Issuance of an Incidental the Draft PEA, please send comments forecasting; improved coastal ocean Harassment Authorization. via email to Joe Swaykos, NDBC Chief circulation models; commercial and Scientist, at [email protected]. recreational marine transportation and SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: Joe fishing; and regulations implementing the Marine Swaykos, National Data Buoy Center, and research. The societal benefits of Protection Act (MMPA) as Bldg 3205, Stennis Space Center, MS ocean observations are interconnected at amended, notification is hereby given 39529; phone (228) 688–4766; fax local, regional, national, and that NMFS has issued an incidental (228)688–1364; email joe.swaykos@ international scales. The National Plan harassment authorization (IHA) to the noaa.gov. for Civil Earth Observations and the San Francisco Emergency National Strategy for Sustained Network Transportation Authority (WETA) to SUPPLEMENTARY INFORMATION: The of Coastal Moorings identify the Societal incidentally harass, by Level A and National Oceanic and Atmospheric Level B harassment, marine Administration (NOAA) National Data Benefit Areas (SBAs) supported by NDBC ocean observations. These SBAs during in-water construction activities Buoy Center (NDBC), a part of the associated with the Central Bay National Weather Service (NWS), include scientific research, economic activities, and environmental and social Operations and Maintenance Facility designs, develops, operates, and Project in Alameda, CA. maintains a network of moored buoys domains. Many involve critical DATES: This Authorization is valid from and coastal stations throughout the government functions, such as the August 1, 2017 through July 31, 2018. world’s oceans, seas, and lakes for the protection of life and property (NSTC purpose of civil earth marine 2014). The nine SBAs that are FOR FURTHER INFORMATION CONTACT: observations. NDBC has prepared a applicable to NDBC are: Climate; Laura McCue, Office of Protected Programmatic Environmental Coastal and Marine Hazards and Resources, NMFS, (301) 427–8401. Assessment (PEA) to analyze the Disasters; Ocean and Coastal Energy and Electronic copies of the applications continued operational activities of its Mineral Resources; Human Health; and supporting documents, as well as a network of moored buoys and coastal Ocean and Coastal Resources and list of the references cited in this stations. Ecosystems; Marine Transportation; document, may be obtained online at: NDBC provides high quality ocean Water Resources; Coastal and Marine www.nmfs.noaa.gov/pr/permits/ and coastal observations for public Weather; and Reference Measurements. incidental/construction.htm. In case of safety use in direct support of short Ocean observations are an problems accessing these documents, range and extended range NWS indispensable component to measure please call the contact listed above. forecasts, warnings, and watches. NDBC and monitor our progress towards SUPPLEMENTARY INFORMATION: addressing societal challenges. Among provides essential real-time Background oceanographic and meteorological the diverse sources of ocean observation data to stakeholders in key observations, data buoys provide unique Sections 101(a)(5)(A) and (D) of the U.S. Economic Sectors, such as, Trade and invaluable information to support MMPA (16 U.S.C. 1361 et seq.) direct and Retail (i.e., maritime transportation) critical government functions, such as the Secretary of Commerce (as delegated and Commercial sectors (i.e., energy, the protection of life and property. to NMFS) to allow, upon request, the fishing, and agriculture). This valuable NDBC data are accessed on a daily basis, incidental, but not intentional, taking of data provides users with up to the by millions of national and international small numbers of marine mammals by minute decision-making observations stakeholders and assimilated into a U.S. citizens who engage in a specified needed for safe commercial and marine myriad products and services. activity (other than commercial fishing) recreation activities. Dated: August 22, 2017. within a specified geographical region if certain findings are made and either NDBC operates a network composed David Holst, of four formal NOAA Observing regulations are issued or, if the taking is Acting Chief Financial Officer/CAO, Office limited to harassment, a notice of a Systems of Record: (1) Coastal Weather of Oceanic and Atmospheric Research, Buoys (CWB); (2) the land-based National Oceanic and Atmospheric proposed authorization is provided to Coastal-Marine Automated Network (C– Administration. the public for review. MAN); (3) Tropical Atmosphere Ocean [FR Doc. 2017–18415 Filed 8–29–17; 8:45 am] An authorization for incidental takings shall be granted if NMFS finds Array (TAO) and (4) Deep-ocean BILLING CODE 3510–KD–P Assessment and Reporting of Tsunamis that the taking will have a negligible (DART). Currently, NDBC’s network impact on the species or stock(s), will consists of 200 buoys and 46 C–MAN DEPARTMENT OF COMMERCE not have an unmitigable adverse impact stations that transmit observations and on the availability of the species or data (i.e., wind speed and direction, National Oceanic and Atmospheric stock(s) for subsistence uses (where barometric pressure, air temperature; Administration relevant), and if the permissible sea surface temperatures, wave height methods of taking and requirements and period, water currents, and RIN 0648–XF457 pertaining to the mitigation, monitoring conductivity) via satellite that are and reporting of such takings are set processed and quality-controlled, and Takes of Marine Mammals Incidental to forth. then disseminated for public release in Specified Activities; Taking Marine NMFS has defined ‘‘negligible near real-time. Mammals Incidental to the Central Bay impact’’ in 50 CFR 216.103 as an impact In-situ real-time oceanographic and Operations and Maintenance Facility resulting from the specified activity that meteorological observations are critical Project cannot be reasonably expected to, and is to a wide variety of users such as not reasonably likely to, adversely affect federal, state, academic, and private AGENCY: National Marine Fisheries the species or stock through effects on industry stakeholders. These Service (NMFS), National Oceanic and annual rates of recruitment or survival. observations add value to a diverse Atmospheric Administration (NOAA), The MMPA states that the term ‘‘take’’ spectrum of civil use applications Commerce. means to harass, hunt, capture, kill or

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attempt to harass, hunt, capture, or kill February 25, 2015). In addition, similar Comment 1: The group of private any . construction and pile driving activities citizens recommend reviewing the Except with respect to certain in have been construction process to ensure the activities not pertinent here, the MMPA authorized by NMFS in the past. These maximum number of pilings is installed defines ‘‘harassment’’ as: Any act of projects include construction activities each day. pursuit, torment, or annoyance which (i) at the San Francisco Ferry Terminal (81 Response: NMFS has reviewed the has the potential to injure a marine FR 43993, July 6, 2016); Exploratorium number of pilings that were proposed by mammal or marine mammal stock in the (75 FR 66065, October 27, 2010); Pier 36 WETA and while the goal is to install wild (Level A harassment); or (ii) has (77 FR 20361, April 4, 2012); and the as many piles per day as possible, it was the potential to disturb a marine San Francisco-Oakland Bay Bridge (71 determined that the duration and mammal or marine mammal stock in the FR 26750, May 8, 2006; 72 FR 25748, number of piles were the most realistic wild by causing disruption of behavioral August 9, 2007; 74 FR 41684, August 18, scenario for this project. A total of 22 patterns, including, but not limited to, 2009; 76 FR 7156, February 9, 2011; 78 days of construction is expected, which migration, breathing, nursing, breeding, FR 2371, January 11, 2013; 79 FR 2421, NMFS considers to be short and will not feeding, or sheltering (Level B January 14, 2014; and 80 FR 43710, July have excessive impacts to marine harassment). 23, 2015). This IHA is valid from August mammals. 1, 2017, through July 31, 2018. Comment 2: The group of private National Environmental Policy Act citizens recommend that NMFS conduct To comply with the National Description of the Specified Activity more primary research on TTS and PTS Environmental Policy Act of 1969 thresholds in marine mammals using a Overview (NEPA; 42 U.S.C. 4321 et seq.) and study design that NMFS finds NOAA Administrative Order (NAO) WETA is constructing a Central Bay appropriate. 216–6A, NMFS must review our Operations and Maintenance Facility to Response: As required, NMFS used proposed action (i.e., the issuance of an serve as the central San Francisco Bay the best available science available incidental harassment authorization) base for WETA’s ferry fleet, Operations when determining acoustic impacts to with respect to environmental Control Center (OCC), and Emergency marine mammals from WETA’s consequences on the human Operations Center (EOC). The Project construction project. Any new research environment. will provide maintenance services such on marine mammal TTS and PTS This action is consistent with as fueling, engine oil changes, thresholds will be considered in future categories of activities identified in CE concession supply, and light repair authorizations. B4 of the Companion Manual for NOAA work for WETA ferry boats operating in Comment 3: The group of private Administrative Order 216–6A, which do the central San Francisco Bay. In citizens recommend that NMFS require not individually or cumulatively have addition, the project will be the location enhanced and continued monitoring the potential for significant impacts on for operational activities of WETA, even after pier construction and into the quality of the human environment including day-to-day management and ferry operations and further recommend and for which we have not identified oversight of services, crew, and that NMFS encourage WETA to install any extraordinary circumstances that facilities. In the event of a regional a second floating platform for harbor would preclude this categorical disaster, the facility will also function as seals. Response: NMFS believes that the exclusion. Accordingly, NMFS has an EOC, serving passengers and monitoring proposed by WETA is determined that the issuance of the IHA sustaining water transit service for sufficient to not only document take, qualifies to be categorically excluded emergency response and recovery. A but to also increase our knowledge of from further NEPA review and signed a detailed description of the planned the species during project activities. Categorical Exclusion memo in August construction project is provided in the Additional research on use 2017. Federal Register notice for the proposed of the haul out or associated harbor seal IHA (82 FR 29486; June 29, 2017). Since Summary of Request activities, or construction of a second is that time, no changes have been made On May 3, 2017, NMFS received a not required for the WETA Central Bay to the planned activities. Therefore, a request from WETA for an IHA to take project. marine mammals incidental to pile detailed description is not provided driving and removal in association with here. Please refer to that Federal Description of Marine Mammals in the the Central Bay Operations and Register notice for the description of the Area of the Specified Activity Maintenance Facility Project (Project) in specific activity. There are seven marine mammal Alameda, . WETA’s request is Comments and Responses species that may inhabit or may likely for take of seven species by Level A and transit through the nearby the Level B harassment. Neither WETA nor A notice of NMFS’s proposal to issue project area, and are expected to NMFS expect mortality to result from an IHA to WETA was published in the potentially be taken by the specified this activity and, therefore, an IHA is Federal Register on 82 FR 29486; June activity. These include the Pacific appropriate. 29, 2017). That notice described, in harbor seal (Phoca vitulina), California This is the second year of a 2-year detail, WETA’s activity, the marine sea lion (Zalophus californianus), project. In-water work associated with mammal species that may be affected by northern elephant seal (Mirounga the second year of construction is the activity, and the anticipated effects angustirostris), northern fur seal expected to be completed within 22 on marine mammals. During the 30-day (Callorhinus ursinus), harbor porpoise days. This proposed IHA is for the public comment period, NMFS received (Phocoena phocoena), gray whale second phase of construction activities a letter from the Marine Mammal (Eschrichtius robustus), and bottlenose (August 1, 2017 through November 30, Commission and a group of private dolphin (Tursiops truncatus). Multiple 2017). WETA received authorization for citizens. The Marine Mammal additional marine mammal species may take of marine mammals incidental to Commission noted they look forward to occasionally enter the activity area in these same activities for the first phase working with NMFS regarding rounding San Francisco Bay but would not be of construction in 2016 (80 FR 10060; in take estimation. expected to occur in shallow nearshore

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waters of the action area. Guadalupe fur Table 1 lists all species with expected were provided in the Federal Register seals (Arctocephalus philippii potential for occurrence in San notice for the proposed IHA (82 FR townsendi) generally do not occur in Francisco Bay near Alameda Point and 29486; June 29, 2017); since that time, San Francisco Bay, however, there have summarizes information related to the we are not aware of any changes in the been recent sightings of this species due population or stock, including potential status of these species and stocks; to an El Nin˜ o event. Only single biological removal (PBR), where known. therefore, detailed descriptions are not individuals of this species have For taxonomy, we follow Committee on provided here. Please refer to that occasionally been sighted inside San Taxonomy (2016). PBR is defined by the Federal Register notice for these Francisco Bay, and their presence near MMPA as the maximum number of descriptions. Please also refer to NMFS’ the action area is considered unlikely. animals, not including natural Web site (www.nmfs.noaa.gov/pr/ No takes are requested for this species, mortalities, that may be removed from a species/mammals/) for generalized marine mammal stock while allowing and a shutdown zone will be in effect species accounts. that stock to reach or maintain its for this species if observed approaching optimum sustainable population (as Species that could potentially occur the Level B harassment zone. Although described in NMFS’s SARs). While no in the proposed survey areas, but are not it is possible that a mortality is anticipated or authorized expected to have reasonable potential to (Megaptera novaeangliae) may enter here, PBR and annual serious injury and be harassed by in-water construction, San Francisco Bay and find its way into mortality are included here as gross include extralimital species, which are the project area during construction indicators of the status of the species species that do not normally occur in a activities, their occurrence is unlikely, and other threats. given area but for which there are one since humpback whales very rarely A detailed description of the of the or more occurrence records that are enter the . No species likely to be affected by WETA’s considered beyond the normal range of takes are requested for this species, and project, including brief introductions to the species (e.g., humpback whales and a delay and shutdown procedure will be the species and relevant stocks as well Guadalupe fur seal). All other species in in effect for this species if observed as available information regarding Table 1 may occur in the project area approaching the Level B harassment population trends and threats, and and we therefore have authorized take zone. information regarding local occurrence, for them.

TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF ALAMEDA POINT

ESA/ Stock abundance MMPA (CV, N , Relative occurrence in San Species Stock status; min PBR 3 Francisco Bay; season of strategic most recent occurrence abundance survey) 2 (Y/N) 1

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

Family Phocoenidae (porpoises)

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

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

Family Delphinidae (dolphins)

Bottlenose dolphin 4 California coastal ...... -; N 453 (0.06; 346; 2011) ...... 2.4 Rare. (Tursiops truncatus).

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

Family Eschrichtiidae

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenopteridae

Humpback whale (Megaptera California/Oregon/Wash- 5 T; S 1,918 (0.05; 1,876; 2014) .... 11 Unlikely. novaeangliae). ington stock..

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions)

California sea lion (Zalophus U.S...... -; N 296,750 (n/a; 153,337; 9,200 Common. californianus). 2011). Guadalupe fur seal 5 Mexico to California ...... T; S 20,000 (n/a; 15,830; 2010) .. 91 Unlikely. (Arctocephalus philippii townsendi).

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TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF ALAMEDA POINT—Continued

ESA/ MMPA Stock abundance Relative occurrence in San (CV, Nmin, 3 Species Stock status; most recent PBR Francisco Bay; season of strategic occurrence abundance survey) 2 (Y/N) 1

Northern fur seal (Callorhinus California stock ...... -;N 14,050 (n/a; 7,524; 2013) .... 451 Unlikely. ursinus).

Family Phocidae (earless seals)

Harbor seal (Phoca vitulina) California ...... -; N 30,968 (n/a; 27,348; 2012) .. 1,641 Common; Year-round resi- dent. Northern elephant seal California breeding stock ..... -; N 179,000 (n/a; 81,368; 2010) 4,882 Rare. (Mirounga angustirostris). 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality ex- ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe- cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re- moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 Abundance estimates for these stocks are greater than eight years old and are, therefore, not considered current. PBR is considered unde- termined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates and PBR values, as these represent the best available information for use in this document. 5 The humpback whales considered under the MMPA to be part of this stock could be from any of three different DPSs. In CA, it would be ex- pected to primarily be whales from the Mexico DPS but could also be whales from the Central America DPS.

Potential Effects of the Specified wild by causing disruption of behavioral detail and present the proposed take Activity on Marine Mammals and Their patterns, including, but not limited to, estimate. Habitat migration, breathing, nursing, breeding, Acoustic Thresholds feeding, or sheltering (Level B The effects of underwater noise from harassment). Using the best available science, WETA’s pile driving and removal Authorized takes are by Level A and NMFS has developed acoustic activities for the Central Bay Operations Level B harassment, in the form of thresholds that identify the received and Maintenance Project have the disruption of behavioral patterns for level of underwater sound above which potential to result in behavioral individual marine mammals resulting exposed marine mammals would be harassment of marine mammals in the from exposure to vibratory and impact reasonably expected to be behaviorally vicinity of the action area. The Federal pile driving and removal, and potential harassed (equated to Level B Register notice for the proposed IHA (82 permanent threshold shift (PTS) for harassment) or to incur PTS of some FR 29486; June 29, 2017) included a harbor seals that may transit through the degree (equated to Level A harassment). discussion of the effects of Level A zone to their haulout. Based on Level B Harassment for non-explosive anthropogenic noise on marine the nature of the activity and the sources—Though significantly driven by mammals, therefore that information is anticipated effectiveness of the received level, the onset of behavioral not repeated here; please refer to that mitigation measures (i.e., bubble disturbance from anthropogenic noise Federal Register notice for that curtain, soft start, etc.—discussed in exposure is also informed to varying information. detail below in Mitigation section), degrees by other factors related to the Estimated Take by Incidental Level A harassment is neither source (e.g., frequency, predictability, Harassment anticipated nor proposed to be duty cycle), the environment (e.g., authorized for all other species. bathymetry), and the receiving animals This section provides an estimate of As described previously, no mortality (hearing, motivation, experience, the number of incidental takes is anticipated or authorized for this demography, behavioral context) and authorized through this IHA, which activity. Below we describe how the can be difficult to predict (Southall et informed both NMFS’ consideration of take is estimated. al., 2007, Ellison et al., 2011). Based on whether the number of takes is ‘‘small’’ Described in the most basic way, we what the available science indicates and and the negligible impact estimate take by considering: (1) the practical need to use a threshold determination. Acoustic thresholds above which NMFS based on a factor that is both predictable Harassment is the only type of take believes the best available science and measurable for most activities, expected to result from these activities. indicates marine mammals will be NMFS uses a generalized acoustic Except with respect to certain activities behaviorally harassed or incur some threshold based on received level to not pertinent here, section 3(18) of the degree of permanent hearing estimate the onset of behavioral MMPA defines ‘‘harassment’’ as any act impairment; (2) the area or volume of harassment. NMFS predicts that marine of pursuit, torment, or annoyance which water that will be ensonified above mammals are likely to be behaviorally (i) has the potential to injure a marine these levels in a day; (3) the density or harassed in a manner we consider Level mammal or marine mammal stock in the occurrence of marine mammals within B harassment when exposed to wild (Level A harassment); or (ii) has these ensonified areas; and, (4) and the underwater anthropogenic noise above the potential to disturb a marine number of days of activities. Below, we received levels of 120 decibels (dB) re mammal or marine mammal stock in the describe these components in more 1 microPascal (mPa) (root mean square

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(rms)) for continuous (e.g., vibratory for Assessing the Effects of These thresholds were developed by pile-driving, drilling) and above 160 dB Anthropogenic Sound on Marine compiling and synthesizing the best re 1 mPa (rms) for non-explosive Mammal Hearing (Technical Guidance available science and soliciting input impulsive (e.g., seismic airguns) or 2016) identifies dual criteria to assess multiple times from both the public and intermittent (e.g., scientific sonar) auditory injury (Level A harassment) to peer reviewers to inform the final sources. five different marine mammal groups product, and are provided in the table WETA’s proposed activities include (based on hearing sensitivity) as a result below. The references, analysis, and the use of continuous (vibratory pile of exposure to noise from two different methodology used in the development driving) and impulsive (impact pile types of sources (impulsive or non- of the thresholds are described in NMFS driving) sources, and therefore the 120 impulsive). WETA’s proposed activity 2016 Technical Guidance, which may and 160 dB re 1 mPa (rms) are includes the use of impulsive (impact be accessed at http:// applicable. Level A harassment for non-explosive pile driving) and non-impulsive www.nmfs.noaa.gov/pr/acoustics/ sources—NMFS’ Technical Guidance (vibratory pile driving) sources. guidelines.htm.

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-frequency cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-frequency cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-frequency cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (underwaters) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. 1 NMFS 2016.

Ensonified Area or water surface, resulting in a 6 dB we considered existing measurements reduction in sound level for each from similar physical environments Here, we describe operational and doubling of distance from the source (e.g., substrate of bay and water environmental parameters of the activity (20*log[range]). Cylindrical spreading that will feed into identifying the area depths ranging from 14 to 38 feet). occurs in an environment in which ensonified above the acoustic sound propagation is bounded by the Level A Isopleths (Table 3) thresholds. water surface and sea bottom, resulting The values used to calculate distances Pile driving and removal generates in a reduction of 3 dB in sound level for at which sound would be expected to underwater noise that can potentially each doubling of distance from the result in disturbance to marine source (10*log[range]). A practical exceed the Level A thresholds for mammals in the project area. spreading value of 15 is often used impact driving of and 36-inch (in) and Transmission loss (TL) is the decrease under conditions, such as at the Central 42-in piles include peak values of 210 in acoustic intensity as an acoustic Bay operations and maintenance dB and anticipated SELs for pressure wave propagates out from a facility, where water increases with unattenuated impact pile-driving of 183 source. TL parameters vary with depth as the receiver moves away from dB, and peak values of 203 dB and SEL frequency, temperature, sea conditions, the shoreline, resulting in an expected values of 177 for 24-in piles (Caltrans current, source and receiver depth, propagation environment that would lie 2015a). Bubble curtains will be used water depth, water chemistry, and between spherical and cylindrical during the installation of these piles, bottom composition and topography. spreading loss conditions. Practical which is expected to reduce noise levels The general formula for underwater TL spreading loss (4.5 dB reduction in by about 10 dB rms (Caltrans 2015a), is: sound level for each doubling of which are the values used in Table 3. TL = B * log10(R1/R2), where distance) is assumed here. Vibratory driving source levels include R1 = the distance of the modeled sound Underwater Sound—The intensity of 175 dB RMS for 42-in piles, 170 dB pressure level (SPL) from the driven pile, pile driving and removal sounds is RMS for 36-in piles, 160 dB RMS for 24- and greatly influenced by factors such as the in piles, and 150 dB RMS for 14-in H R2 = the distance from the driven pile of the type of piles, hammers, and the physical initial measurement. piles (Caltrans 2015a). The inputs for environment in which the activity takes the user spreadsheet from NMFS’ This formula neglects loss due to place. A number of studies, primarily on Guidance are as follows: For impact scattering and absorption, which is the west coast, have measured sound driving, 450 strikes per pile with 3 piles assumed to be zero here. The degree to produced during underwater pile per day for 24-in piles, and 600 strikes which underwater sound propagates driving projects. These data are largely per pile with 2 piles per day for 36-in away from a sound source is dependent for impact driving of steel pipe piles and 42-in piles. The total duration for and concrete piles as well as vibratory on a variety of factors, most notably the vibratory driving of 14-in, 24-in, 36-in, water bathymetry and presence or driving of steel pipe piles. and 42-in piles were all approximately absence of reflective or absorptive In order to determine reasonable 10 minutes (0.166666, 0.1708333 hours, conditions including in-water structures source levels and their associated effects and . Spherical spreading on marine mammals that are likely to 0.16666 hours, and 0.177777 hours, occurs in a perfectly unobstructed (free- result from vibratory or impact pile respectively). field) environment not limited by depth driving or removal at the Project area,

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TABLE 3—EXPECTED PILE-DRIVING NOISE LEVELS AND DISTANCES OF LEVEL A THRESHOLD EXCEEDANCE WITH IMPACT AND VIBRATORY DRIVER

Source levels at 10 meters (dB) Distance to Level A threshold in meters Project element requiring pile installation LF * MF * HF * Peak SEL RMS Phocids Otariids cetaceans cetaceans cetaceans

42-in steel piles—Vibratory Driver ...... - - 175 11.3 0.8 18.5 1.6 27.4 42-in steel piles—Impact Driver (BCA)1 ...... 200 173 - 130 9.5 243 8.6 289.4 36-in Steel Piles—Vibratory Driver ...... - - 170 5 0.4 8.2 0.7 12.2 36-in Steel Piles—Impact Driver (BCA)1 ...... 200 173 ...... 130 9.5 243 8.6 289.4 24-in Steel Piles—Vibratory Driver ...... - - 160 1.1 0.1 1.8 0.2 2.7 24-in Steel Piles—Impact Driver (BCA) 1 ...... 193 167 - 56 4.1 104.6 3.7 124.6 14-in H-piles—Vibratory Driver ...... - - 150 0.2 0 0.4 0 0.6 14-in H-piles—Vibratory Extraction ...... - - 150 0.2 0 0.4 0 0.6 * Low frequency (LF) cetaceans, Mid frequency (MF) cetaceans, High frequency (HF) cetaceans. 1Bubble curtain attenuation (BCA). A bubble curtain will be used for impact driving and is assumed to reduce the source level by 10 dB. Therefore, source levels were reduced by this amount for take calculations.

Level B Isopleths (Table 4) pile size during vibratory driving came isopleth that can be used in conjunction Approximately 15 steel piles, 42-in in from the Caltrans table for the Trinidad with marine mammal density or diameter, will be installed, with Pier Reconstruction project (Caltrans occurrence to help predict takes. We approximately 2 installed per day over 2015a). note that because of some of the 8 days. The source level for this pile Approximately 20 14-in H piles (10 assumptions included in the methods size during impact driving came from temporary and 10 permanent), with used for these tools, we anticipate that the Caltrans summary table (Caltrans approximately 5 installed or removed isopleths produced are typically going 2015a) for ‘‘loudest’’ values for 36 in per day over 8 days. The source level for to be overestimates of some degree, piles at approximately 10 m depth. this pile size during impact and which will result in some degree of Approximately 6 steel piles, 36-in in vibratory driving came from the Caltrans overestimate of Level A take. However, diameter, will be installed, with summary table (Caltrans 2015a) for 10 in these tools offer the best way to predict approximately 2 installed per day over H piles. appropriate isopleths when more 3 days. The source level for this pile Tables 3 and 4 show the expected sophisticated 3D-modeling methods are size during impact driving came from underwater sound levels for pile driving not available, and NMFS continues to the Caltrans summary table (Caltrans activities and the estimated distances to develop ways to quantitatively refine 2015a) for ‘‘typical’’ values for 36 in the Level A (Table 3) and Level B (Table these tools, and will qualitatively piles at approximately 10 m depth. 4) thresholds. address the output where appropriate. Approximately 8 steel piles, 24-in in When NMFS Technical Guidance For stationary sources (such as WETA’s diameter, will be installed, with (2016) was published, in recognition of Project), NMFS User Spreadsheet approximately 3 installed per day over the fact that ensonified area/volume predicts the closest distance at which, if 3 days. The source level for this pile could be more technically challenging a marine mammal remained at that size during impact driving came from to predict because of the duration distance the whole duration of the the Caltrans summary table (Caltrans component in the new thresholds, we activity, it would not incur PTS. Inputs 2015a) for 24 in piles at approximately developed a User Spreadsheet that used in the User Spreadsheet, and the 5 meter depth. The source level for this includes tools to help predict a simple resulting isopleths are reported below.

TABLE 4—EXPECTED PILE-DRIVING NOISE LEVELS AND DISTANCES OF LEVEL B THRESHOLD EXCEEDANCE WITH IMPACT AND VIBRATORY DRIVER

Distance to Area of Level B potential Source levels threshold, in Level B Project element requiring pile installation at 10 m meters threshold (dB rms) 160/120 dB exceedance RMS in square kilometers) 1 (Level B) 1

42-in steel piles—Vibratory Driver ...... 175 46,416 12.97 42-in steel piles—Impact Driver (BCA) 1 ...... 2 183 341 0.27 36-in Steel Piles—Vibratory Driver ...... 170 21,544 12.97 36-in Steel Piles—Impact Driver (BCA) 2 ...... 2 183 341 0.27 24-in Steel Piles—Vibratory Driver ...... 160 4,642 4.92 24-in Steel Piles—Impact Driver (BCA) 2 ...... 2 180 215 0.13 14-in H Piles—Vibratory Driver ...... 150 1,000 1.01 14-in H Piles—Vibratory Extraction ...... 150 1,000 1.01 1 For underwater noise, the Level B harassment (disturbance) threshold is 160 dB for impulsive noise and 120 dB for continuous noise. 2 Bubble curtain attenuation (BCA). A bubble curtain will be used for impact driving and is expected to reduce the source level by 10 dB.

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Marine Mammal Occurrence activity ranges in amount of days of stationary activities such as pile needed to be completed. driving and in areas where resident In this section we provide the • In the absence of site specific animals may be present, this number information about the presence, density, underwater acoustic propagation represents the number of instances of or group dynamics of marine mammals modeling, the practical spreading loss take that may accrue to a smaller that will inform the take calculations. model was used to determine the ZOI. number of individuals, with some At-sea densities for marine mammal • All marine mammal individuals number of animals being exposed more species have been determined for harbor potentially available are assumed to be than once per individual. While pile seals and California sea lions in San present within the relevant area, and driving and removal can occur any day Francisco Bay based on marine mammal thus incidentally taken; throughout the in-water work window, monitoring by Caltrans for the San • An individual can only be taken and the analysis is conducted on a per Francisco-Oakland Bay Bridge Project once during a 24-hour period; and, day basis, only a fraction of that time • from 2000 to 2015 (Caltrans 2016); all Exposures to sound levels at or (typically a matter of hours on any given other estimates here are determined by above the relevant thresholds equate to day) is actually spent pile driving/ using observational data taken during take, as defined by the MMPA. removal. The potential effectiveness of marine mammal monitoring associated The estimation of marine mammal mitigation measures in reducing the with the Richmond-San Rafael Bridge takes typically uses the following number of takes is typically not retrofit project, the San Francisco- calculation: quantified in the take estimation Oakland Bay Bridge (SFOBB), which For California sea lions: Level B process. For these reasons, these take has been ongoing for the past 15 years, exposure estimate = D (density) * Area estimates may be conservative, and anecdotal observational reports of ensonification * Number of days of especially if each take is considered a from local entities. noise generating activities. separate individual animal, and For harbor seals: Level B exposure especially for pinnipeds. Take Calculation and Estimation estimate = ((D * area of ensonification) Here we describe how the information + 15) * number of days of noise Description of Marine Mammals in the provided above is brought together to generating activities. Area of the Specified Activity produce a quantitative take estimate. For all other marine mammal species: Harbor Seals Level B exposure estimate = N (number All estimates are conservative and of animals) in the area * Number of days Monitoring of marine mammals in the include the following assumptions: of noise generating activities. vicinity of the SFOBB has been ongoing • All pilings installed at each site To account for the increase in for 15 years; from those data, Caltrans would have an underwater noise California sea lion density due to El has produced at-sea density estimates disturbance equal to the piling that Nin˜ o, the daily take estimated from the for Pacific harbor seal of 0.83 animals causes the greatest noise disturbance observed density has been increased by per square kilometer for the fall season (i.e., the piling farthest from shore) a factor of 10 for each day that pile (Caltrans 2016). Since the construction installed with the method that has the driving or removal occurs. of the new pier that is currently being largest zone of influence (ZOI). The There are a number of reasons why used as a haul out for harbor seals, there largest underwater disturbance (Level B) estimates of potential instances of take are additional seals that need to be ZOI would be produced by vibratory may be overestimates of the number of taken into account for the take driving steel piles; therefore take individuals taken, assuming that calculation. The average number of seals estimates were calculated using the available density or abundance that use the haulout at any given time vibratory pile-driving ZOIs. The ZOIs estimates and estimated ZOI areas are is 15 animals; therefore, we would add for each threshold are not spherical and accurate. We assume, in the absence of an additional 15 seals per day. Using are truncated by land masses on either information supporting a more refined this density and the additional 15 side of the project area, which would conclusion, that the output of the animals per day, the potential average dissipate sound pressure waves. calculation represents the number of daily take for the areas over which the • Exposures were based on an individuals that may be taken by the Level B harassment thresholds may be estimated total of 22 work days. Each specified activity. In fact, in the context exceeded are estimated in Table 5.

TABLE 5—TAKE CALCULATION FOR HARBOR SEAL

Number of Area Take Activity Pile type Density 2 days of (km ) activity estimate

Vibratory driving ...... 36-in and 42-in steel pile ...... 0.83 animal/km2 ...... 12.97 3; 8 77; 206 Vibratory driving ...... 24-in steel pile ...... 0.83 animal/km2 ...... 4.92 3 57 Vibratory driving and removal 14-in steel H piles ...... 0.83 animal/km2 ...... 1.01 8 127

A total of 467 harbor seal takes are day over 11 days of impact driving of observers (MMO) monitoring the zone estimated for 2017 (Table 7). Because 36-in and 42-in piles may enter the zone in the most advantageous locations to seals may traverse the Level A zone (see the Description of Marine Mammals spot marine mammals to initiate a when going to and from the haul out in the Area of the Specified Activity for shutdown to avoid take by Level A that is approximately 300 m from the information on seal occurrence per day). harassment. project area, it would not be practicable If the 18 Level A takes have been met, California Sea Lion to shutdown every time. Therefore 18 WETA will then shutdown for all harbor Level A takes are requested for this seals within the Level A zones (Table 8). Monitoring of marine mammals in the species by assuming 1.6 harbor seals per There will be two marine mammal vicinity of the SFOBB has been ongoing

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for 15 years; from those data, Caltrans square kilometer for the post-breeding for the areas over which the Level B has produced at-sea density estimates season (Caltrans 2016). Using this harassment thresholds may be exceeded for California sea lion of 0.09 animal per density, the potential average daily take is estimated in Table 6.

TABLE 6—TAKE CALCULATION FOR CALIFORNIA SEA LION

Area Number of Take Activity Pile type Density 2 days of ∧ (km ) activity estimate

Vibratory driving ...... 36-in and 42-in steel pile ...... 0.09 animal/km2 ...... 12.97 3; 8 35; 93 Vibratory driving ...... 24-in steel pile ...... 0.09 animal/km2 ...... 4.92 3 13 Vibratory driving ...... 14-in steel H piles ...... 0.09 animal/km2 ...... 1.01 8 7 * All California sea lion estimates were multiplied by 10 to account for the increased occurrence of this species due to El Nin˜o. ∧ Total take number is 149, not 148 because we round at the end, whereas here, it shows rounding per day.

All California sea lion estimates were species and are rarely seen near the Alcatraz and west of Treasure Island multiplied by 10 to account for the shore away from breeding areas. (Keener 2011). Harbor porpoise increased occurrence of this species due Juveniles of this species occasionally generally travel individually or in small to El Nin˜ o. A total of 149 California sea strand in San Francisco Bay, groups of two or three (Sekiguchi 1995). lion takes is estimated for 2017 (Table particularly during El Nin˜ o events, for Monitoring of marine mammals in the 7). Level A take is not expected for example, during the 2006 El Nin˜ o event, vicinity of the SFOBB has been ongoing California sea lion based on area of 33 fur seals were admitted to the Marine for 15 years; from those data, Caltrans ensonification and density of the Mammal Center (TMMC 2016). Some of has produced an estimated at-sea animals in that area. these stranded animals were collected density for harbor porpoise of 0.021 from shorelines in San Francisco Bay. animal per square kilometer (Caltrans Northern Elephant Seal Due to the recent El Nin˜ o event, 2016). However, this estimate would be Monitoring of marine mammals in the northern fur seals were observed in San an overestimate of what would actually vicinity of the SFOBB has been ongoing Francisco bay more frequently, as well be seen in the project area since it is a for 15 years; from those data, Caltrans as strandings all along the California smaller area than the monitoring area of has produced an estimated at-sea coast and inside San Francisco Bay SFOBB. In order to estimate a more density for northern elephant seal of (TMMC, personal communication); a realistic take number, we assume it is 0.03 animal per square kilometer trend that may continue this summer possible that a small group of (Caltrans 2016). Most sightings of through winter if El Nin˜ o conditions individuals (five harbor porpoises) may northern elephant seal in San Francisco occur. Because sightings are normally enter the Level B harassment area on as Bay occur in spring or early summer, rare; instances recently have been many as two days of pile driving or and are less likely to occur during the observed, but are not common, and removal, for a total of ten harbor periods of in-water work for this project based on estimates from local porpoise takes per year (Table 7). It is (June through November). As a result, observations (TMMC, personal possible that harbor porpoise may enter densities during pile driving and communication), it is estimated that ten the Level A harassment zone for high removal for the proposed action would northern fur seals will be taken in 2017 frequency cetaceans; however, 2 MMOs be much lower. Therefore, we estimate (Table 7). Level A take is not requested will be monitoring the area and WETA that it is possible that a lone northern or authorized for this species. would implement a shutdown for the elephant seal may enter the Level B entire zone if a harbor porpoise (or any harassment area once per week during Harbor Porpoise other marine mammal) approaches the pile driving or removal, for a total of 18 In the last six decades, harbor Level A zone; therefore Level A take is takes in 2017 (Table 7). Level A take of porpoises were observed outside of San not being requested, nor authorized for Northern elephant seal is not requested, Francisco Bay. The few harbor this species. nor is it authorized because although porpoises that entered were not sighted Gray Whale one animal may approach the large past central Bay close to the Golden Level B zones, it is not expected that it Gate Bridge. In recent years, however, Historically, gray whales were not will continue in the area of there have been increasingly common common in San Francisco Bay. The ensonification into the Level A zone. observations of harbor porpoises in Oceanic Society has tracked gray whale Further, if the animal does approach the central, north, and south San Francisco sightings since they began returning to Level A zone, construction will be shut Bay. Porpoise activity inside San San Francisco Bay regularly in the late down. Francisco Bay is thought to be related to 1990s. The Oceanic Society data show foraging and mating behaviors (Keener that all age classes of gray whales are Northern Fur Seal 2011; Duffy 2015). According to entering San Francisco Bay, and that During the breeding season, the observations by the Golden Gate they enter as singles or in groups of up majority of the worldwide population is Cetacean Research team as part of their to five individuals. However, the data found on the Pribilof Islands in the multi-year assessment, over 100 do not distinguish between sightings of southern Bering Sea, with the remaining porpoises may be seen at one time gray whales and number of individual animals spread throughout the North entering San Francisco Bay; and over whales (Winning 2008). Caltrans Pacific Ocean. On the coast of 600 individual animals are documented Richmond-San Rafael Bridge project California, small breeding colonies are in a photo-ID database. However, monitors recorded 12 living and two present at San Miguel Island off sightings are concentrated in the dead gray whales in the surveys southern California, and the Farallon vicinity of the Golden Gate Bridge and performed in 2012. All sightings were in Islands off central California (Carretta et Angel Island, north of the project area, either the central or north Bay; and all al., 2014). Northern fur seal are a pelagic with lesser numbers sighted south of but two sightings occurred during the

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months of April and May. One gray 2008). The northern limit of their groups of five individuals may enter San whale was sighted in June, and one in regular range is currently the Pacific Francisco Bay approximately three October (the specific years were coast off San Francisco and Marin times during the construction activities, unreported). It is estimated that two to County, and they occasionally enter San and may enter the ensonified area once six gray whales enter San Francisco Bay Francisco Bay, sometimes foraging for per week over the two-week stint, for a in any given year. Because construction in Fort Point Cove, just east of the total of 30 takes of bottlenose dolphins. activities are only occurring during a Golden Gate Bridge. Members of this Additionally, in the summer of 2015, a maximum of 22 days in 2017, it is stock are transient and make movements lone bottlenose dolphin was seen estimated that two gray whales may up and down the coast, and into some swimming in the Oyster Point area of , throughout the year. potentially enter the area during the South San Francisco (GGCR 2016). We Bottlenose dolphins are being observed construction period, for a total of 2 gray estimate that this lone bottlenose in San Francisco bay more frequently in whale takes in 2017 (Table 7). dolphin may be present in the project recent years (TMMC, personal Bottlenose Dolphin communication). Groups with an area each day of construction, an Since the 1982–83 El Nin˜ o, which average group size of five animals enter additional 22 takes. The 30 takes for a increased water temperatures off the bay and occur near Yerba Buena small group, and the 22 takes for the California, bottlenose dolphins have Island once per week for a two week lone bottlenose dolphin equate to 52 been consistently sighted along the stint and then depart the bay (TMMC, bottlenose dolphin takes for 2017 (Table central California coast (Carretta et al., personal communication). Assuming 7). TABLE 7—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION

Estimated take by Level B harassment Pile- Number of Pile type driver driving Northern Harbor Gray Northern Bottlenose type days Harbor CA elephant seal sea lion 1 porpoise 2 whale 2 fur seal 2 dolphin seal 2

42-in steel pile ...... Vibratory 3 ...... 8 77 35 NA NA NA NA 8 36-in steel ...... Vibratory 3 ...... 3 206 93 NA NA NA NA 3 24-in steel piles ...... Vibratory 3 ...... 3 57 13 NA NA NA NA 3 14-in steel H pile ...... Vibratory ...... 8 127 7 NA NA NA NA 8

Project Total (2017) ...... 22 467 ∧ 149 218 210 22 210 * 52 1 To account for potential El Nin˜o conditions, take calculated from at-sea densities for California sea lion has been increased by a factor of 10. 2 Take is not calculated by activity type for these species with a low potential to occur, only a yearly total is given. 3 Piles of this type may also be installed with an impact hammer, which would reduce the estimated take. * Total take includes an additional 30 takes to account for a transitory group of dolphins that may occur in the project area over the course of the project. ∧ Total take number is 149, not 148 because we round at the end, whereas here, it shows rounding per day.

Mitigation Measures (1) The manner in which, and the pile to prevent Level A harassment to degree to which, the successful marine mammals, while providing In order to issue an IHA under section implementation of the measure(s) is estimates of the areas within which 101(a)(5)(D) of the MMPA, NMFS must expected to reduce impacts to marine Level B harassment might occur. In set forth the permissible methods of mammals, marine mammal species or addition to the specific measures taking pursuant to such activity, and stocks, and their habitat—which described later in this section, WETA other means of effecting the least considers the nature of the potential would conduct briefings between practicable impact on such species or adverse impact being mitigated construction supervisors and crews, stock and its habitat, paying particular (likelihood, scope, range), as well as the marine mammal monitoring team, and attention to rookeries, mating grounds, likelihood that the measure will be WETA staff prior to the start of all pile and areas of similar significance, and on effective if implemented; and the driving activity, and when new the availability of such species or stock likelihood of effective implementation, personnel join the work, in order to for taking for certain subsistence uses and; explain responsibilities, communication (latter not applicable for this action). (2) The practicability of the measures procedures, marine mammal monitoring NMFS regulations require applicants for for applicant implementation, which protocol, and operational procedures. incidental take authorizations to include may consider such things as cost, impact on operations, and, in the case Monitoring and Shutdown for information about the availability and Construction Activities feasibility (economic and technological) of a military readiness activity, of equipment, methods, and manner of personnel safety, practicality of The following measures would apply conducting such activity or other means implementation, and impact on the to WETA’s mitigation through of effecting the least practicable adverse effectiveness of the military readiness shutdown and disturbance zones: Shutdown Zone—For all pile driving impact upon the affected species or activity. Measurements from similar pile activities, WETA will establish a stocks and their habitat (50 CFR driving events were coupled with shutdown zone intended to contain the 216.104(a)(11)). practical spreading loss to estimate area in which SPLs equal or exceed the In evaluating how mitigation may or zones of influence (ZOI; see Estimated auditory injury criteria for cetaceans may not be appropriate to ensure the Take by Incidental Harassment); these and pinnipeds. The purpose of a least practicable adverse impact on values were used to develop mitigation shutdown zone is to define an area species or stocks and their habitat, as measures for pile driving and removal within which shutdown of activity well as subsistence uses where activities at the Project area. The ZOIs would occur upon sighting of a marine applicable, we carefully balance two effectively represent the mitigation zone mammal (or in anticipation of an animal primary factors: that would be established around each entering the defined area), thus

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preventing injury of marine mammals death are unlikely outcomes even in the a minimum shutdown zone of 30 meters (as described previously under Potential absence of mitigation measures). will be established during all pile Effects of the Specified Activity on Modeled radial distances for shutdown driving activities, regardless of the Marine Mammals, serious injury or zones are shown in Table 8. However, estimated zone.

TABLE 8—SHUTDOWN ZONES FOR IMPACT AND VIBRATORY PILE DRIVING

Impact pile Vibratory pile driving shutdown driving Hearing group distance shutdown distance (meters) (meters)

Phocid (Harbor seal) 1 ...... 1 30 30 Phocid (Northern elephant seal) ...... 130 30 Otariids and MFC * ...... 30 30 LFC and HFC * ...... 300 30 1 A minimum shut down zone of 30 meters is established for Pacific harbor seal, in the event that all Level A take authorized for this species is used (18), an exclusion zone of 130 meters for 42- and 36-in piles, and an exclusion zone of 60 meters for 24-in piles will be used for the re- mainder of impact pile driving. * MFC = Mid-frequency cetacean, LFC = Low-frequency cetacean, HFC = High-frequency cetacean.

Disturbance Zone—Disturbance zones precise accounting of observed activities. MMO requirements for are the areas in which SPLs equal or incidences of harassment created. This construction actions are as follows: exceed 160 and 120 dB rms (for impulse information may then be used to (a) Independent observers (i.e., not and continuous sound, respectively). extrapolate observed takes to reach an construction personnel) are required; Disturbance zones provide utility for approximate understanding of actual (b) At least one observer must have monitoring conducted for mitigation total takes. prior experience working as an observer; purposes (i.e., shutdown zone (c) Other observers (that do not have Monitoring Protocols—Monitoring prior experience) may substitute monitoring) by establishing monitoring would be conducted before, during, and protocols for areas adjacent to the education (undergraduate degree in after pile driving and vibratory removal biological science or related field) or shutdown zones. Monitoring of activities. In addition, observers shall disturbance zones enables observers to training for experience; record all instances of marine mammal (d) Where a team of three or more be aware of and communicate the occurrence, regardless of distance from presence of marine mammals in the observers are required, one observer activity, and shall document any should be designated as lead observer or project area but outside the shutdown behavioral reactions in concert with zone and thus prepare for potential monitoring coordinator. The lead distance from piles being driven. observer must have prior experience shutdowns of activity. However, the Observations made outside the primary purpose of disturbance zone working as an observer; and shutdown zone will not result in (e) NMFS will require submission and monitoring is for documenting instances shutdown; that pile segment would be approval of observer CVs. of Level B harassment; disturbance zone completed without cessation, unless the (2) Qualified MMOs are trained monitoring is discussed in greater detail animal approaches or enters the biologists, and need the following later (see Monitoring and Reporting). shutdown zone, at which point all pile additional minimum qualifications: Nominal radial distances for driving activities would be halted. (a) Visual acuity in both eyes disturbance zones are shown in Table 4. Monitoring will take place from 30 (correction is permissible) sufficient for Given the size of the disturbance zone minutes prior to initiation through discernment of moving targets at the for vibratory pile driving, it is thirty minutes post-completion of pile water’s surface with ability to estimate impossible to guarantee that all animals driving and removal activities. Pile target size and distance; use of would be observed or to make driving activities include the time to binoculars may be necessary to correctly comprehensive observations of fine- install or remove a single pile or series identify the target; scale behavioral reactions to sound, and of piles, as long as the time elapsed (b) Ability to conduct field only a portion of the zone (e.g., what between uses of the pile driving observations and collect data according may be reasonably observed by visual equipment is no more than 30 minutes. to assigned protocols; observers stationed within the bay) Please see the Monitoring Plan (c) Experience or training in the field would be observed. In order to (www.nmfs.noaa.gov/pr/permits/ identification of marine mammals, document observed instances of incidental/construction.htm), developed including the identification of harassment, monitors record all marine by WETA in agreement with NMFS, for behaviors; mammal observations, regardless of full details of the monitoring protocols. (d) Sufficient training, orientation, or location. The observer’s location, as experience with the construction well as the location of the pile being The following additional measures operation to provide for personal safety driven, is known from a GPS. The apply to visual monitoring: during observations; location of the animal is estimated as a (1) Monitoring will be conducted by (e) Writing skills sufficient to prepare distance from the observer, which is qualified observers, who will be placed a report of observations including but then compared to the location from the at the best vantage point(s) practicable not limited to the number and species pile. It may then be estimated whether to monitor for marine mammals and of marine mammals observed; dates and the animal was exposed to sound levels implement shutdown/delay procedures times when in-water construction constituting incidental harassment on when applicable by calling for the activities were conducted; dates and the basis of predicted distances to shutdown to the hammer operator. A times when in-water construction relevant thresholds in post-processing of minimum of two observers will be activities were suspended to avoid observational and acoustic data, and a required for all pile driving/removal potential incidental injury from

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construction sound of marine mammals operating the hammer at less than full passage to or from biologically observed within a defined shutdown power results in ‘‘bouncing’’ of the important areas, permanent destruction zone; and marine mammal behavior; hammer as it strikes the pile, resulting of habitat, or temporary disturbance of and in multiple ‘‘strikes.’’ For impact habitat during a biologically important (f) Ability to communicate orally, by driving, we require an initial set of three time; and radio or in person, with project strikes from the impact hammer at (6) For monitoring directly related to personnel to provide real-time reduced energy, followed by a 30- mitigation, an increase in the information on marine mammals second waiting period, then 2 probability of detecting marine observed in the area as necessary. subsequent 3-strike sets. Soft start will mammals, thus allowing for more (3) Prior to the start of pile driving be required at the beginning of each effective implementation of the activity, the shutdown zone will be day’s impact pile driving work and at mitigation. monitored for thirty minutes to ensure any time following a cessation of impact Based on our evaluation of WETA’s that it is clear of marine mammals. Pile pile driving of 30 minutes or longer. planned measures, as well as any other driving will only commence once potential measures considered by observers have declared the shutdown Sound Attenuation Devices NMFS, NMFS has determined that the zone clear of marine mammals; animals Two types of sound attenuation planned mitigation measures provide will be allowed to remain in the devices will be used during impact pile- the means of effecting the least shutdown zone (i.e., must leave of their driving: Bubble curtains and pile practicable impact on marine mammal own volition) and their behavior will be cushions. WETA will employ the use of species or stocks and their habitat, monitored and documented. The a bubble curtain during impact pile- paying particular attention to rookeries, shutdown zone may only be declared driving, which is assumed to reduce the mating grounds, and areas of similar clear, and pile driving started, when the source level by 10 dB. WETA will also significance. entire shutdown zone is visible (i.e., employ the use of 12-in-thick wood Monitoring and Reporting when not obscured by dark, rain, fog, cushion block on impact hammers to etc.). In addition, if such conditions attenuate underwater sound levels. In order to issue an IHA for an should arise during impact pile driving We have carefully evaluated WETA’s activity, section 101(a)(5)(D) of the that is already underway, the activity planned mitigation measures and MMPA states that NMFS must set forth would be halted. considered their effectiveness in past requirements pertaining to the (4) If a marine mammal approaches or implementation to determine whether monitoring and reporting of such taking. enters the shutdown zone during the they are likely to effect the least The MMPA implementing regulations at course of pile driving operations, practicable impact on the affected 50 CFR 216.104 (a)(13) indicate that activity will be halted and delayed until marine mammal species and stocks and requests for authorizations must include either the animal has voluntarily left their habitat. the suggested means of accomplishing and been visually confirmed beyond the Any mitigation measure(s) we the necessary monitoring and reporting shutdown zone or fifteen minutes have prescribe should be able to accomplish, that will result in increased knowledge passed without re-detection of small have a reasonable likelihood of of the species and of the level of taking cetaceans and pinnipeds, and thirty accomplishing (based on current or impacts on populations of marine minutes for gray whales. Monitoring science), or contribute to the mammals that are expected to be will be conducted throughout the time accomplishment of one or more of the present in the action area. Effective required to drive a pile. general goals listed below: reporting is critical to both compliance (5) Using delay and shut-down (1) Avoidance or minimization of and ensuring that the most value is procedures, if a species for which injury or death of marine mammals obtained from the required monitoring. authorization has not been granted wherever possible (goals 2, 3, and 4 may Monitoring and reporting (including but not limited to Guadalupe contribute to this goal); requirements prescribed by NMFS fur seals and humpback whales) or if a (2) A reduction in the number (total should contribute to improved species for which authorization has number or number at biologically understanding of one or more of the been granted but the authorized takes important time or location) of following: are met, approaches or is observed individual marine mammals exposed to • Occurrence of marine mammal within the Level B harassment zone, stimuli expected to result in incidental species in action area (e.g., presence, activities will shut down immediately take (this goal may contribute to 1, abundance, distribution, density); and not restart until the animals have above, or to reducing takes by • Nature, scope, or context of likely been confirmed to have left the area. behavioral harassment only); marine mammal exposure to potential (3) A reduction in the number (total stressors/impacts (individual or Soft Start number or number at biologically cumulative, acute or chronic), through The use of a soft start procedure is important time or location) of times any better understanding of: (1) Action or believed to provide additional individual marine mammal would be environment (e.g., source protection to marine mammals by exposed to stimuli expected to result in characterization, propagation, ambient warning or providing a chance to leave incidental take (this goal may contribute noise); (2) affected species (e.g., life the area prior to the hammer operating to 1, above, or to reducing takes by history, dive patterns); (3) co-occurrence at full capacity, and typically involves behavioral harassment only); of marine mammal species with the a requirement to initiate sound from the (4) A reduction in the intensity of action; or (4) biological or behavioral hammer at reduced energy followed by exposure to stimuli expected to result in context of exposure (e.g., age, calving or a waiting period. This procedure is incidental take (this goal may contribute feeding areas); repeated two additional times. It is to 1, above, or to reducing the severity • Individual marine mammal difficult to specify the reduction in of behavioral harassment only); responses (behavioral or physiological) energy for any given hammer because of (5) Avoidance or minimization of to acoustic stressors (acute, chronic, or variation across drivers and, for impact adverse effects to marine mammal cumulative), other stressors, or hammers, the actual number of strikes at habitat, paying particular attention to cumulative impacts from multiple reduced energy will vary because the prey base, blockage or limitation of stressors;

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• How anticipated responses to B harassment zones (areas within WETA’s application for more stressors impact either: (1) Long-term approximately 2,000 feet of the pile- information on this Plan, including the fitness and survival of individual driving area observable from the shore) methodology, equipment, and reporting marine mammals; or (2) population, on 2 separate days—no earlier than 7 information). The monitoring is based species, or stock; days before the first day of on dual metric criteria that will include • Effects on marine mammal habitat construction—to establish baseline the following: (e.g., marine mammal prey species, observations. Special attention will be • Establish the distance to the 206-dB acoustic habitat, or other important given to the harbor seal haul-out sites in peak sound pressure criteria; physical components of marine proximity to the project (i.e., the harbor • Verify the extent of Level A mammal habitat); and seal platform and Breakwater Island). harassment zones for marine mammals; • Mitigation and monitoring Monitoring will be timed to occur • Verify the attenuation provided by effectiveness. during various tides (preferably low and bubble curtains; and WETA’s monitoring and reporting is high tides) during daylight hours from • Provide all monitoring data to also described in their Marine Mammal locations that provide the best vantage NMFS. The reports will be submitted bi- Monitoring Plan, online at point available, including the pier, weekly, unless WETA proposes to www.nmfs.noaa.gov/pr/permits/ breakwater, and adjacent docks within modify the zones based on the incidental/construction.htm. the harbor. The information collected hydroacoustic measurement, in which case WETA would report those data Visual Marine Mammal Observations from baseline monitoring will be used for comparison with results of before zone modification. The reports WETA will collect sighting data and monitoring during pile-driving would include the following behavioral responses to construction for activities. information: marine mammal species observed in the 1. Size and type of piles; region of activity during the period of Data Collection 2. A detailed description of the noise activity. All MMOs will be trained in We require that observers use attenuation device, including design marine mammal identification and approved data forms. Among other specifications; behaviors and are required to have no pieces of information, WETA will 3. The impact hammer energy rating other construction-related tasks while record detailed information about any used to drive the piles, and the make conducting monitoring. A minimum of implementation of shutdowns, and model of the hammer and the two MMOs will be required for all pile including the distance of animals to the output energy; driving/removal activities. WETA will pile and description of specific actions 4. The physical characteristics of the monitor the shutdown zone and that ensued and resulting behavior of bottom substrate into which the piles disturbance zone before, during, and the animal, if any. In addition, WETA were driven; after pile driving, with observers located will attempt to distinguish between the 5. The depth of water in which the at the best practicable vantage points. number of individual animals taken and pile was driven; Based on our requirements, WETA will the number of incidences of take. We 6. The depth into the substrate that implement the following procedures for require that, at a minimum, the the pile was driven; pile driving and removal: following information be collected on 7. A description of the sound • MMOs will be located at the best the sighting forms: monitoring equipment; vantage point(s) in order to properly see • Date and time that monitored 8. The distance between hydrophones the entire shutdown zone and as much activity begins or ends; and pile; of the disturbance zone as possible; • Construction activities occurring 9. The depth of the hydrophones and • During all observation periods, during each observation period; depth of water at hydrophone locations; observers will use binoculars and the • Weather parameters (e.g., percent 10. The distance from the pile to the naked eye to search continuously for cover, visibility); water’s edge; marine mammals; • Water conditions (e.g., sea state, 11. The total number of strikes to • If the shutdown zones are obscured tide state); drive each pile and for all piles driven by fog or poor lighting conditions, pile • Species, numbers, and, if possible, during a 24-hour period; driving at that location will not be sex and age class of marine mammals; 12. The results of the hydroacoustic initiated until that zone is visible. • Description of any observable monitoring, as described under Signal Should such conditions arise while marine mammal behavior patterns, Processing; impact driving is underway, the activity including bearing and direction of 13. The distance at which peak, would be halted; and travel, and if possible, the correlation to cumulative SEL, and RMS values • The shutdown and disturbance SPLs; exceed the respective threshold values; zones around the pile will be monitored • Distance from pile driving or 14. The 30 second average for the for the presence of marine mammals removal activities to marine mammals duration of each pile; before, during, and after any pile driving and distance from the marine mammals 15. The spectra graphs for each pile or removal activity. to the observation point; type; and Individuals implementing the • Description of implementation of 16. A description of any observable monitoring protocol will assess its mitigation measures (e.g., shutdown or fish, marine mammal, or bird behavior effectiveness using an adaptive delay); in the immediate area and, if possible, approach. The monitoring biologists • Locations of all marine mammal correlation to underwater sound levels will use their best professional observations; and occurring at that time. judgment throughout implementation • Other human activity in the area. A minimum of five piles of each size and seek improvements to these and type of piles to be impact driven methods when deemed appropriate. Hydroacousting Monitoring will be monitored, including five of the Any modifications to protocol will be The monitoring will be done in 36-in-diameter donut piles, five of the coordinated between NMFS and WETA. accordance with the methodology 42-in-diameter guide piles; and five of In addition, the MMO(s) will survey outlined in this Hydroacoustic the 24-in-diameter dolphin piles; and the potential Level A and nearby Level Monitoring Plan (see Appendix B of two piles of the 42-in steel piles and 14-

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in H piles to be vibratory driven will be adverse effects on annual rates of injurious. WETA will also employ the monitored. Piles chosen to be monitored recruitment or survival (i.e., population- use of 12-in-thick wood cushion block will be representative of the different level effects). An estimate of the number on impact hammers, and a bubble sizes and range of typical water depths of takes alone is not enough information curtain as sound attenuation devices. at the project location where piles will on which to base an impact Environmental conditions at Alameda be driven with an impact or vibratory determination. In addition to Point mean that marine mammal hammer. considering estimates of the number of detection ability by trained observers is One hydrophone will be placed at marine mammals that might be ‘‘taken’’ high, enabling a high rate of success in mid-water depth at the nearest distance, through harassment, NMFS considers implementation of shutdowns to avoid approximately 10 meters, from each pile other factors, such as the likely nature injury. being monitored. An additional of any responses (e.g., intensity, WETA’s planned activities are hydrophone will be placed at mid-water duration), the context of any responses localized and of relatively short depth at a distance of 20 to 50 meters (e.g., critical reproductive time or duration (a maximum of 22 days for pile from the pile to provide two sound-level location, migration), as well as effects driving and removal). The entire project readings during ambient and pile on habitat, and the likely effectiveness area is limited to the Central Bay driving conditions. A third hydrophone of the mitigation. We also assess the operations and maintenance facility area may be deployed at a greater distance number, intensity, and context of and its immediate surroundings. These (e.g., 100 meters or further) for the estimated takes by evaluating this localized and short-term noise purpose of better defining the long- information relative to population exposures may cause short-term distance sound propagation. status. Consistent with the 1989 behavioral modifications in harbor Underwater sound levels will be preamble for NMFS’s implementing seals, northern fur seals, northern continuously monitored during the regulations (54 FR 40338; September 29, elephant seals, California sea lions, entire duration of each pile being 1989), the impacts from other past and harbor porpoises, bottlenose dolphins, driven. The peak, rms (impulse level), ongoing anthropogenic activities are and gray whales. Moreover, the and SEL level of each strike will be incorporated into this analysis via their mitigation and monitoring measures are monitored in real time. The cSEL will impacts on the environmental baseline expected to reduce the likelihood of also be monitored live, assuming no (e.g., as reflected in the regulatory status injury and behavior exposures. contamination from other noise sources. of the species, population size and Additionally, no important feeding and/ Sound levels will be measured in dB re: growth rate where known, ongoing or reproductive areas for marine 1 mPa. For more details on the sources of human-caused mortality, or mammals are known to be within the methodology of WETA’s hydroacoustic ambient noise levels). ensonified area during the construction monitoring, please see Appendix B of Pile driving and removal activities time frame. their application. associated with the facility construction The project also is not expected to project, as outlined previously, have the have significant adverse effects on Reporting potential to disturb or displace marine affected marine mammals’ habitat. The A draft report will be submitted to mammals. Specifically, the specified project activities would not modify NMFS within 90 days of the completion activities may result in take, in the form existing marine mammal habitat for a of marine mammal monitoring, or 60 of Level A and Level B harassment (PTS significant amount of time. The days prior to the requested date of and behavioral disturbance, activities may cause some fish to leave issuance of any future IHA for projects respectively), from underwater sounds the area of disturbance, thus temporarily at the same location, whichever comes generated from pile driving and impacting marine mammals’ foraging first. The report will include marine removal. Potential takes could occur if opportunities in a limited portion of the mammal observations pre-activity, individuals of these species are present foraging range. However, because of the during-activity, and post-activity during in the ensonified zone when pile short duration of the activities and the pile driving and removal days, and will driving and removal occurs. relatively small area of the habitat that also provide descriptions of any No injury, serious injury, or mortality may be affected, the impacts to marine behavioral responses to construction is anticipated given the nature of the mammal habitat are not expected to activities by marine mammals and a activities and measures designed to cause significant or long-term negative complete description of all mitigation minimize the possibility of injury to consequences. shutdowns and the results of those marine mammals. The potential for Effects on individuals that are taken actions and an extrapolated total take these outcomes is minimized through by Level B harassment, on the basis of estimate based on the number of marine the construction method and the reports in the literature as well as mammals observed during the course of implementation of the planned monitoring from other similar activities, construction. A final report must be mitigation measures. Specifically, will likely be limited to reactions such submitted within 30 days following vibratory hammers will be the primary as increased swimming speeds, resolution of comments on the draft method of installation (impact driving is increased surfacing time, or decreased report. included only as a contingency). Impact foraging (if such activity were occurring) pile driving produces short, sharp (e.g., Thorson and Reyff 2006; Lerma Negligible Impact Analysis and pulses with higher peak levels and 2014). Most likely, individuals will Determinations much sharper rise time to reach those simply move away from the sound NMFS has defined negligible impact peaks. If impact driving is necessary, source and be temporarily displaced as an impact resulting from the implementation of soft start and from the areas of pile driving, although specified activity that cannot be shutdown zones significantly reduces even this reaction has been observed reasonably expected to, and is not any possibility of injury. Given primarily only in association with reasonably likely to, adversely affect the sufficient ‘‘notice’’ through use of soft impact pile driving. Thus, even repeated species or stock through effects on start (for impact driving), marine Level B harassment of some small annual rates of recruitment or survival mammals are expected to move away subset of the overall stock is unlikely to (50 CFR 216.103). A negligible impact from a sound source that is annoying result in any significant realized finding is based on the lack of likely prior to it becoming potentially decrease in fitness for the affected

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individuals, and thus would not result • The small percentage of the stock Table 9 details the number of in any adverse impact to the stock as a that may be affected by project activities instances that animals could be exposed whole. For harbor seals that may transit (<11.479 percent for all species). to received noise levels that could cause through the ensonified area to get to Based on the analysis contained Level A and Level B behavioral their haul out located approximately herein of the likely effects of the harassment for the proposed work at the 300 m from the project area, Level A specified activity on marine mammals project site relative to the total stock harassment may occur. However, harbor and their habitat, and taking into abundance. The numbers of animals seals are not expected to be in the consideration the implementation of the authorized to be taken for all species would be considered small relative to injurious ensonified area for long monitoring and mitigation measures, the relevant stocks or populations even periods of time; therefore, the potential NMFS finds that the total marine if each estimated instance of take for those seals to actually have PTS is mammal take from WETA’s occurred to a new individual—an considered unlikely and any PTS they construction activities will have a extremely unlikely scenario. The total may incur would likely be of a low negligible impact on the affected marine percent of the population (if each level. mammal species or stocks. instance was a separate individual) for In summary and as described above, Small Numbers which take is requested is the following factors primarily support approximately 1.56 percent for harbor our determination that the impacts As noted above, only small numbers seals, approximately 11 percent for resulting from this activity are not of incidental take may be authorized bottlenose dolphins, and less than 1 expected to adversely affect the species under Section 101(a)(5)(D) of the MMPA percent for all other species (Table 9). or stock through effects on annual rates for specified activities other than For pinnipeds, especially harbor seals of recruitment or survival: military readiness activities. The MMPA occurring in the vicinity of the project • No mortality or serious injury is does not define small numbers and so, area, there will almost certainly be some anticipated or authorized; in practice, where estimated numbers overlap in individuals present day-to- • Level B harassment may consist of, are available, NMFS compares the day, and the number of individuals at worst, temporary modifications in number of individuals taken to the most taken is expected to be notably lower. behavior (e.g., temporary avoidance of appropriate estimation of abundance of Based on the analysis contained habitat or changes in behavior); the relevant species or stock in our herein of the proposed activity determination of whether an • (including the proposed mitigation and Mitigation is expected to minimize authorization is limited to small monitoring measures) and the the likelihood and severity of the level numbers of marine mammals. anticipated take of marine mammals, of harassment; Additionally, other qualitative factors NMFS preliminarily finds that small • The lack of important feeding, may be considered in the analysis, such numbers of marine mammals will be pupping, or other areas in the action as the temporal or spatial scale of the taken relative to the population size of area; and activities. the affected species or stocks.

TABLE 9—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT TAKEN

Authorized Authorized Stock(s) Percentage of Species Level B Level A abundance total stock takes takes estimate 1

Harbor Seal (Phoca vitulina) California stock ...... 467 18 30,968 1.56 California sea lion (Zalophus californianus) U.S. Stock ...... 149 0 296,750 0.05 Northern elephant seal (Mirounga angustirostris) California breeding stock .. 18 0 179,000 0.010 Northern fur seal (Callorhinus ursinus) California stock ...... 10 0 14,050 0.071 Harbor Porpoise (Phocoena phocoena) San Francisco-Russian River Stock 10 0 9,886 0.101 Gray whale (Eschrichtius robustus) Eastern North Pacific stock ...... 2 0 20,990 0.009 Bottlenose dolphin (Tursiops truncatus) California coastal stock ...... 52 0 453 11.479 1 All stock abundance estimates presented here are from the 2015 Pacific Stock Assessment Report.

Unmitigable Adverse Impact Analysis authorizes, funds, or carries out is not formal consultation under section 7 of and Determination likely to jeopardize the continued the ESA is not required for this action. existence of any endangered or There are no relevant subsistence uses Authorization of the affected marine mammal stocks or threatened species or result in the species implicated by this action. destruction or adverse modification of NMFS has issued an IHA to WETA for Therefore, NMFS has determined that designated critical habitat. To ensure the potential harassment of small the total taking of affected species or ESA compliance for the issuance of numbers of seven species of marine stocks would not have an unmitigable IHAs, NMFS consults internally, in this mammals incidental to the Central Bay adverse impact on the availability of case with the West Coast regional Operations and Maintenance Facility such species or stocks for taking for Protected Resources Division Office, Project in Alameda, CA, provided the subsistence purposes. whenever we propose to authorize take previously mentioned mitigation, for endangered or threatened species. Endangered Species Act (ESA) monitoring, and reporting. No incidental take of ESA-listed Section 7(a)(2) of the Endangered marine mammal species is authorized or Species Act of 1973 (ESA: 16 U.S.C. expected to result from these activities. 1531 et seq.) requires that each Federal Therefore, NMFS has determined that agency insure that any action it

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Dated: August 24, 2017. file formats only. All comments mammal or marine mammal stock in the Donna Wieting, received are a part of the public record wild (Level A harassment); or (ii) has Director, Office of Protected Resources, and will generally be posted online at the potential to disturb a marine National Marine Fisheries Service. www.nmfs.noaa.gov/pr/permits/ mammal or marine mammal stock in the [FR Doc. 2017–18349 Filed 8–25–17; 4:15 pm] incidental/construction.html without wild by causing disruption of behavioral BILLING CODE 3510–22–P change. All personal identifying patterns, including, but not limited to, information (e.g., name, address) migration, breathing, nursing, breeding, voluntarily submitted by the commenter feeding, or sheltering (Level B DEPARTMENT OF COMMERCE may be publicly accessible. Do not harassment). submit confidential business National Environmental Policy Act National Oceanic and Atmospheric information or otherwise sensitive or Administration protected information. To comply with the National RIN 0648–XF540 FOR FURTHER INFORMATION CONTACT: Environmental Policy Act (NEPA) of Laura McCue, Office of Protected 1969 (NEPA; 42 U.S.C. 4321 et seq.) and Takes of Marine Mammals Incidental to Resources, NMFS, (301) 427–8401. NOAA Administrative Order (NAO) Specified Activities; Taking Marine Electronic copies of the applications 216–6A, NMFS must review our Mammals Incidental to the Biorka and supporting documents, as well as a proposed action (i.e., the issuance of an Island Dock Replacement Project list of the references cited in this incidental harassment authorization) with respect to environmental AGENCY: National Marine Fisheries document, may be obtained online at: consequences on the human Service (NMFS), National Oceanic and www.nmfs.noaa.gov/pr/permits/ environment. Atmospheric Administration (NOAA), incidental/construction.htm. In case of This action is consistent with Commerce. problems accessing these documents, please call the contact listed above. categories of activities identified in CE ACTION: Notice; proposed incidental B4 of the Companion Manual for NOAA SUPPLEMENTARY INFORMATION: harassment authorization; request for Administrative Order 216–6A, which do comments. Background not individually or cumulatively have SUMMARY: NMFS has received a request Sections 101(a)(5)(A) and (D) of the the potential for significant impacts on from the Federal Aviation MMPA (16 U.S.C. 1361 et seq.) direct the quality of the human environment Administration (FAA) for authorization the Secretary of Commerce (as delegated and for which we have not identified to take marine mammals incidental to to NMFS) to allow, upon request, the any extraordinary circumstances that construction activities as part of its incidental, but not intentional, taking of would preclude this categorical Biorka Island Dock Replacement Project. small numbers of marine mammals by exclusion. Accordingly, NMFS has Pursuant to the Marine Mammal U.S. citizens who engage in a specified preliminarily determined that the Protection Act (MMPA), NMFS is activity (other than commercial fishing) issuance of the proposed IHA qualifies requesting public comment on its within a specified geographical region if to be categorically excluded from proposal to issue an incidental certain findings are made and either further NEPA review. harassment authorization (IHA) to the regulations are issued or, if the taking is We will review all comments FAA to incidentally take marine limited to harassment, a notice of a submitted in response to this notice mammals, by Level A and Level B proposed authorization is provided to prior to concluding our NEPA process harassment, during the specified the public for review. or making a final decision on the IHA activity. NMFS will consider public An Incidental Take Authorization request. comments prior to making any final (ITA) shall be granted if NMFS finds Summary of Request decision on the issuance of the that the taking will have a negligible requested MMPA authorizations and impact on the species or stock(s), will On March 31, 2017, NMFS received a agency responses will be summarized in not have an unmitigable adverse impact request from the FAA for an IHA to take the final notice of our decision. on the availability of the species or marine mammals incidental to pile DATES: Comments and information must stock(s) for subsistence uses (where driving and removal and down the hole be received no later than September 29, relevant), and if the permissible (DTH) drilling in association with the 2017. methods of taking and requirements Biorka Island Dock Replacement Project (Project) in Symonds Bay, Alaska. The ADDRESSES: Comments on this proposal pertaining to the mitigation, monitoring FAA’s request is for take of five species should be addressed to Jolie Harrison, and reporting of such takings are set by Level A and Level B harassment. Chief, Permits and Conservation forth. Neither the FAA nor NMFS expect Division, Office of Protected Resources, NMFS has defined ‘‘negligible mortality to result from this activity National Marine Fisheries Service. impact’’ in 50 CFR 216.103 as an impact and, therefore, an IHA is appropriate. Physical comments should be sent to resulting from the specified activity that In-water work associated with the in- 1315 East-West Highway, Silver Spring, cannot be reasonably expected to, and is water construction is expected to be MD 20910, and electronic comments not reasonably likely to, adversely affect completed within 70 days. This should be sent to [email protected]. the species or stock through effects on Instructions: NMFS is not responsible annual rates of recruitment or survival. proposed IHA is for the 2018 for comments sent by any other method, The MMPA states that the term ‘‘take’’ construction window (May 1, 2018 to any other address or individual, or means to harass, hunt, capture, kill or through September 30, 2018). This IHA received after the end of the comment attempt to harass, hunt, capture, or kill would be valid from May 1, 2018, period. Comments received any marine mammal. through April 30, 2019. electronically, including all Except with respect to certain Description of the Specified Activity attachments, must not exceed a 25- activities not pertinent here, the MMPA megabyte file size. Attachments to defines ‘‘harassment’’ as any act of Overview electronic comments will be accepted in pursuit, torment, or annoyance which (i) The FAA is constructing a Microsoft Word or Excel or Adobe PDF has the potential to injure a marine replacement dock on Biorka Island in

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