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(this is not a toll-free number) or email • Change the name of Member Project (WMEP). Pursuant to the Marine at [email protected]. Paramount Farms, Inc. to Wonderful Mammal Protection Act (MMPA), NMFS SUPPLEMENTARY INFORMATION: Title III of Pistachios & Almonds, LLC is requesting comments on its proposal the Export Trading Company Act of CAEA’s proposed amendment of its to issue an IHA to Chevron to 1982 (15 U.S.C. Sections 4001–21) (‘‘the Certificate would result in the following incidentally take marine mammals Act’’) authorizes the Secretary of Members list: during the specified activity. Commerce to issue Export Trade Almonds California Pride, Inc., DATES: Comments and information must Certificates of Review. An Export Trade Caruthers, CA be received no later than April 24, 2017. Certificate of Review protects the holder Baldwin-Minkler Farms, Orland, CA ADDRESSES: Comments on the and the members identified in the Blue Diamond Growers, Sacramento, CA applications should be addressed to Certificate from State and Federal Campos Brothers, Caruthers, CA Jolie Harrison, Chief, Permits and government antitrust actions and from Chico Nut Company, Chico, CA Conservation Division, Office of private treble damage antitrust actions Del Rio Nut Company, Livingston, CA Protected Resources, National Marine for the export conduct specified in the Fair Trade Corner, Inc., Chico, CA Fisheries Service. Physical comments Certificate and carried out in Fisher Nut Company, Modesto, CA should be sent to 1315 East-West compliance with its terms and Hilltop Ranch, Inc., Ballico, CA Highway, Silver Spring, MD 20910 and conditions. Section 302(b)(1) of the Hughson Nut, Inc., Hughson, CA electronic comments should be sent to Export Trading Company Act of 1982 Mariani Nut Company, Winters, CA [email protected]. and 15 CFR 325.6(a) require the Nutco, LLC d.b.a. Spycher Brothers, Instructions: Comments sent by any Secretary to publish a notice in the Turlock, CA other method, to any other address or Federal Register identifying the P–R Farms, Inc., Clovis, CA individual, or received after the end of applicant and summarizing its Roche Brothers International Family the comment period, may not be application. Nut Co., Escalon, CA considered by NMFS. Comments Request for Public Comments RPAC, LLC, Los Banos, CA received electronically, including all attachments, must not exceed a 25- Interested parties may submit written South Valley Almond Company, LLC, Wasco, CA megabyte file size. Attachments to comments relevant to the determination electronic comments will be accepted in whether an amended Certificate should SunnyGem, LLC, Wasco, CA Western Nut Company, Chico, CA Microsoft Word or Excel or Adobe PDF be issued. If the comments include any file formats only. All comments privileged or confidential business Wonderful Pistachios & Almonds, LLC, Los Angeles, CA received are a part of the public record information, it must be clearly marked and will generally be posted for public Dated: March 21, 2017. and a nonconfidential version of the viewing on the Internet at comments (identified as such) should be Amanda Reynolds, www.nmfs.noaa.gov/pr/permits/ included. Any comments not marked as Office of Trade and Economic Analysis, incidental/construction.htm without privileged or confidential business International Trade Administration, U.S. change. All personal identifying information will be deemed to be Department of Commerce, (202) 482–5131, [email protected]. information (e.g., name, address) nonconfidential. voluntarily submitted by the commenter An original and five (5) copies, plus [FR Doc. 2017–05867 Filed 3–23–17; 8:45 am] may be publicly accessible. Do not two (2) copies of the nonconfidential BILLING CODE 3510–DR–P submit confidential business version, should be submitted no later information or otherwise sensitive or than 20 days after the date of this notice protected information. to: Export Trading Company Affairs, DEPARTMENT OF COMMERCE International Trade Administration, FOR FURTHER INFORMATION CONTACT: Rob U.S. Department of Commerce, Room National Oceanic and Atmospheric Pauline, Office of Protected Resources, 21028, Washington, DC 20230. Administration NMFS, (301) 427–8401. Electronic copies of the applications and Information submitted by any person RIN 0648–XF246 is exempt from disclosure under the supporting documents, as well as a list Freedom of Information Act (5 U.S.C. Takes of Marine Mammals Incidental to of the references cited in this document 552). However, nonconfidential versions Specified Activities; Taking Marine may be obtained online at: of the comments will be made available Mammals Incidental to the Chevron www.nmfs.noaa.gov/pr/permits/ to the applicant if necessary for Richmond Refinery Long Wharf incidental/construction.htm. In case of determining whether or not to issue the Maintenance and Efficiency Project in problems accessing these documents, amended Certificate. Comments should San Francisco Bay, California please call the contact listed above. refer to this application as ‘‘Export SUPPLEMENTARY INFORMATION: AGENCY: National Marine Fisheries Trade Certificate of Review, application Background number 99–11A05.’’ Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Sections 101(a)(5)(A) and (D) of the Summary of the Application Commerce. MMPA (16 U.S.C. 1361 et seq.) direct Applicant: CAEA, 4800 Sisk Road, ACTION: Notice; proposed incidental the Secretary of Commerce to allow, Modesto, CA 95356. harassment authorization; request for upon request by U.S. citizens who Contact: Bill Morecraft, Chairman, comments. engage in a specified activity (other than Telephone: (916) 446–8537. commercial fishing) within a specified Application No.: 99–11A05. SUMMARY: NMFS has received an area, the incidental, but not intentional, Date Deemed Submitted: March 13, application from Chevron for an taking of small numbers of marine 2017. Incidental Harassment Authorization mammals, providing that certain Proposed Amendment: CAEA seeks to (IHA) to take marine mammals, by findings are made and the necessary amend its Certificate as follows: harassment, incidental to pile driving prescriptions are established. • Remove California Gold Almonds, and removal associated with the Long The incidental taking of small LLC as a Member Wharf Maintenance and Efficiency numbers of marine mammals may be

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allowed only if NMFS (through with the WMEP in San Francisco Bay, system at Berth 2 is being updated and authority delegated by the Secretary) California. The project was delayed due the Berth 4 loading platform will be finds that the total taking by the to funding constraints. Chevron seismically retrofitted to stiffen the specified activity during the specified submitted a revised version of the structure and reduce movement of the time period will (i) have a negligible request on November 16, 2016, which Long Wharf in the event of a level 1 or impact on the species or stock(s) and (ii) was deemed adequate and complete on 2 earthquake. Safety will be improved not have an unmitigable adverse impact January 12, 2017. Chevron proposes to by replacing gangways and fire on the availability of the species or undertake the WMEP in order to comply monitors. Efficiency at the Long Wharf stock(s) for subsistence uses (where with current Marine Oil Terminal will be improved by updating the fender relevant). Further, the permissible Engineering and Maintenance Standards system configuration at Berth 4 to methods of taking, as well as the other (MOTEMS) requirements and to accommodate newer, more fuel efficient means of effecting the least practicable improve safety and efficiency at the vessels and thus reduce idling time for adverse impact on the species or stock Long Wharf. Construction would start in vessels waiting to berth. Further, and its habitat (i.e., mitigation) must be 2018, and be complete by the fourth efficiency will be improved by updating prescribed. Last, requirements quarter of 2022. Therefore, Chevron the fender system at Berth 1 to pertaining to the monitoring and expects to request additional IHAs in accommodate barges, enabling balanced reporting of such taking must be set association with this multi-year project. utilization across Berths 1, 2, and 3. forth. The effective dates for this first Dates and Duration Where there is the potential for proposed IHA would be from January 1, serious injury or death, the allowance of 2018 through December 31, 2018. The Project construction would start in incidental taking requires promulgation use of both vibratory and impact pile 2018, and be completed by the fourth of regulations under section driving during pile removal and quarter of 2022. Pile driving activities 101(a)(5)(A). Subsequently, a Letter (or installation during the four-year would be timed to occur within the Letters) of Authorization (LOA) may be construction period is expected to standard NMFS work windows for issued as governed by the prescriptions produce underwater sound at levels that listed fish species (June 1 through established in such regulations, have the potential to result in Level B November 30) in those four years. The provided that the level of taking will be (behavioral) harassment of marine effective date for the first proposed IHA consistent with the findings made for mammals. However, only impact would be from January 1, 2018 through the total taking allowable under the driving will occur during 2018 and December 31, 2018. Over the course of specific regulations. Under section would be covered under the proposed the multi-year project 249 piles of 101(a)(5)(D), NMFS may authorize IHA. Species expected to occur in the various sizes will be installed via incidental taking by harassment only area and for which authorization is impact and vibratory driving; 161 piles (i.e., no serious injury or mortality), for requested include California sea lion will be removed via vibratory removal; periods of not more than one year, (Zalophus californianus) and Pacific and 209 driving days are planned. pursuant to requirements and harbor seal (Phoca vitulina). During the first year of construction conditions contained within an IHA. covered under this proposed IHA, eight The promulgation of regulations or Description of the Specified Activity 24-inch concrete piles would be issuance of IHAs (with their associated Overview installed by impact driving over 4 prescripted mitigation, monitoring, and workdays at Berth 2. reporting) requires notice and The Chevron’s Richmond Refinery Specified Geographic Region opportunity for public comment. Long Wharf (Long Wharf) is the largest NMFS has defined ‘‘negligible marine oil terminal in California. Its The Long Wharf is located in San impact’’ in 50 CFR 216.103 as ‘‘. . . an operations are regulated primarily by Francisco Bay (the Bay) just south of the impact resulting from the specified the California State Lands Commission eastern terminus of the Richmond-San activity that cannot be reasonably (CSLC) through a State Lands lease, Rafael Bridge (RSRB) in Contra Costa expected to, and is not reasonably likely Article 5 of CSLC regulations, and County. The wharf is located in the to, adversely affect the species or stock MOTEMS (California Building Code northern portion of the Central Bay, through effects on annual rates of (CBC) Chapter 31F). The Long Wharf which is generally defined as the area recruitment or survival.’’ has existed in its current location since between the RSRB, Golden Gate Bridge, Except with respect to certain the early 1900s (Figure 1–1 in and San Francisco-Oakland Bay Bridge. activities not pertinent here, section Application). The Berth 2 fender system The South Bay is located south of the 3(18) of the MMPA defines (timber pile and whaler) was designed San Francisco-Oakland Bay Bridge. San ‘‘harassment’’ as: Any act of pursuit, and installed in 1940. Marine loading Pablo Bay extends north of the RSRB. torment, or annoyance, which (i) has the arms, gangways, and fender systems at Detailed Description of Specified potential to injure a marine mammal or Berths 1, 3 and 4 were installed in 1972. Activities marine mammal stock in the wild (Level The Berth 4 fender panels were replaced A harassment); or (ii) has the potential in 2011 and the Berth 1 fender panels The complete multi-year project to disturb a marine mammal or marine were replaced in 2012. The existing would involve modifications at four mammal stock in the wild by causing configuration of these systems have berths (Berths 1, 2, 3, and 4) as shown disruption of behavioral patterns, limitations to accepting more modern, in Figure 1–1 in the Application. including, but not limited to, migration, fuel efficient vessels with shorter Proposed modifications to the Long breathing, nursing, breeding, feeding, or parallel mid-body hulls and in some Wharf include replacing gangways and sheltering (Level B harassment). cases do not meet current MOTEMS cranes, adding new mooring hooks and requirements. standoff fenders, adding new dolphins Summary of Request The purpose of the proposed WMEP and catwalks, and modifying the fire On July 21, 2014, NMFS received a is to comply with current MOTEMS water system at Berths 1, 2, 3 and/or 4, request from Chevron for authorization requirements and to improve safety and as well as the seismic retrofit to the to take marine mammals incidental to efficiency at the Long Wharf. To meet Berth 4 loading platform. The type and pile driving and pile removal associated MOTEMS requirements, the fendering numbers of piles to be installed, as well

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as those that will be removed, are Much of this work will be above the Modifications at Berth 3 include the summarized in Table 1–1 in the water or on the deck of the terminal. following: Application and an overview of the The mooring dolphin and hook, • Install new fixed gangway to modifications at Berths 1 to 4 are shown breasting dolphin, and new gangway replace portable gangway and add a new in Figure 1–2 in the Application. will require installation of 42 new raised fire monitor. The gangway would The combined modifications to Berths 24-inch square concrete piles using be supported by four, 24-inch square 1–4 would require the installation of impact driving methods. concrete piles. This would be the only Modifications at Berth 2 include the 141 new concrete piles to support new in-water work for modifications at Berth and replacement equipment and their following: • 3. associated structures. The Berth 4 Install new gangway to replace loading platform would add eight, 60- portable gangway and add a new Modifications at Berth 4 include the elevated fire monitor. following: inch diameter steel piles as part of the • seismic retrofit. Replace one bollard with a new • Install two new 36′ × 20′ dolphins hook. The project would also add four • with standoff fenders (two per dolphin) clusters of 13 composite piles each (52 Install four new standoff fenders (to and two catwalks. total) as markers and protection of the replace timber fender pile system). • Replace existing auxiliary and hose • Seismically retrofit the Berth 4 new batter (driven at an angle) piles on cranes and vapor recovery crane to loading platform including bolstering the east side of the Berth 4 retrofit. The accommodate the new standoff fenders. and relocation of piping and electrical project would remove 106 existing • Remove the existing timber fender facilities. timber piles, two existing 18-inch and pile system along the length of the Berth The new fenders would add 44 new two existing 24-inch concrete piles. A ∼ ( 650 ft.) 24-inch square concrete piles. total of 12 24-inch temporary steel piles • Three (3) existing brace piles (22- would also be installed and removed inch square concrete jacketed timber The seismic retrofit would during the seismic retrofit of Berth 4. piles) would be removed by cutting structurally stiffen the Berth 4 Loading The modifications at each berth are below the mud line if possible. Platform under seismic loads. This will summarized below. These modifications will require the require cutting holes in the concrete Modifications at Berth 1 include the installation of 51 new 24-inch square decking and driving eight, 60-inch following: concrete piles, using impact driving diameter hollow steel batter piles, using • Replace gangway to accommodate methods, to support the gangway, impact pile driving. To accommodate barges and add a new raised fire standoff fenders, hose crane, and the new retrofit, an existing sump will monitor. auxiliary crane. To keep Berth 2 be replaced with a new sump and two, • Construct a new 24′ × 20′ mooring operational during construction, four 24-inch square concrete piles will be dolphin and hook to accommodate temporary fenders will be installed, removed or cut to the ‘‘mudline.’’ The barges. supported by 36 temporary 14-inch H- engineering team has determined that to • Construct a new 24′ × 25′ breasting piles driven using vibratory methods. It drive the 60-inch batter piles, twelve dolphin and 13′ × 26′ breasting point is expected that the H-piles would temporary steel piles, 24 inches in with standoff fenders to accommodate largely sink under their own weight and diameter, will be needed to support barges.The new breasting dolphin will would require very little driving. The H- templates for the angled piles during require removal of an existing catwalk piles and temporary fenders will be driving. Two templates are required, and two piles and moving a catwalk to removed once the permanent standoff each 24 feet by 4 feet and supported by a slightly different location to maintain fenders are complete. The auxiliary and up to six 24-inch steel pipe piles. The access to currently existing dolphins. A hose cranes are being replaced with templates will be above water. The new catwalk will be installed to provide cranes with longer reach to project would also add 4 clusters of 13 access to the new breasting dolphin. accommodate the additional distance of composite piles each (52 total composite • A portion of the existing gangway the new standoff fenders. The new piles) as markers and protection of the will be removed. The remaining portion vapor recovery crane would be mounted new batter piles on the east side of the is used for other existing services on an existing pedestal and not require retrofit. See Table 1 for pile summary located on its structure. in-water work. information.

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Note that the proposed IHA covers Description of Marine Mammals in the Pacific Harbor Seal actions occurring during 2018 only. Area of the Specified Activity These actions include only the The Pacific harbor seal is one of five installation of eight 24-inch concrete Although 35 species of marine subspecies of Phoca vitulina, or the piles by impact hammer driving over mammals can be found off the coast of common harbor seal. They are a true four workdays. These piles would California, few species venture into San seal, with a rounded head and visible replace existing auxiliary and hose Francisco Bay, and only Pacific harbor ear canal, distinct from the eared seals, cranes and vapor recovery crane at seals (Phoca vitulina), California sea or sea lions, which have a pointed head Berth 2. Impact installation would occur lions (Zalophus californianus), and and an external ear. Although generally utilizing a DelMag D62 22 or similar harbor porpoises (Phocoena phocoena) solitary in the water, harbor seals come diesel hammer, producing make the Bay a permanent home. Small ashore at ‘‘haul-outs’’—shoreline areas approximately 165,000 ft lbs maximum numbers of gray whales (Eschrichtius where pinnipeds congregate to rest, energy (may not need full energy) over robustus) are regularly sighted in the socialize, breed, and molt—that are used a duration of approximately 20 minutes Bay during their yearly migration, for resting, thermoregulation, birthing, per pile. though most sightings tend to occur in and nursing pups. Haul-out sites are the Central Bay near the Golden Gate relatively consistent from year to year Proposed mitigation, monitoring, and Bridge. Two other species that may (Kopec and Harvey 1995), and females reporting measures are described in in occasionally occur within San Francisco have been recorded returning to their detail later in the document (Mitigation Bay include the Steller sea lion own natal haul-out when breeding and Monitoring and Reporting sections). (Eumetopias jubatus) and bottlenose (Green et al., 2006). The nearest haul- dolphin (Tursiops truncatus). out site to the project site is Castro Rocks, approximately 650 meters north

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of the northernmost point on the Long 2011, Codde et al. 2012, Codde and part of their multi- year assessment, Wharf. Allen 2013). approximately 650 harbor porpoises have been observed in the San Francisco The haul-out sites at Mowry Slough California Sea Lion (∼55 km distant from project site), in the Bay, and up to 100 may occur on a South Bay, Corte Madera Marsh (∼8 km The California sea lion (Zalophus single day (Golden Gate Cetacean distant) and Castro Rocks (∼650 m californianus) belongs to the family Research 2017). In San Francisco Bay, distant), in the northern portion of the Otariidae or ‘‘eared seals,’’ referring to harbor porpoises are concentrated in the Central Bay, and Yerba Buena Island the external ear flaps not shared by vicinity of the Golden Gate Bridge (∼12 km distant) in the Central Bay, other pinniped families. While (approximately 12 km southwest of the support the largest concentrations of California sea lions forage and conduct project site) and Angel Island (5.5 km harbor seals within the San Francisco many activities within the water, they southwest), with lesser numbers sighted Bay. The California Department of also use haul-outs. California sea lions in the vicinity of Alcatraz (11 km south) Transportation (Caltrans) conducted breed in Southern California and along and west of Treasure Island (10 km marine mammal surveys before and the Channel Islands during the spring. southeast) (Keener 2011). Because this In the Bay, sea lions haul out during seismic retrofit work on the species may venture into the Bay east of primarily on floating docks at Pier 39 in RSRB in northern San Francisco Bay. Angel Island, there is a slight chance the Fisherman’s Wharf area of the San The RSRB is located north of the project that a small number of individuals Francisco Marina, approximately 12.5 site, The surveys included extensive could occur in the vicinity of the km southwest of the project site. The monitoring of marine mammals at proposed project. California sea lions usually arrive at Pier points throughout the Bay. Although the 39 in August after returning from the Gray Whale study focused on harbor seals hauled Channel Islands (Caltrans 2013). In out at Castro Rocks and Red Rock Island Gray whales (Eschrichtius robustus) addition to the Pier 39 haul-out, near the RSRB, all other observed are large baleen whales. They are one of California sea lions haul out on buoys marine mammals were recorded. the most frequently seen whales along and similar structures throughout the Monitoring took place from May 1998 to the California coast, easily recognized Bay. They are seen swimming off February 2002 (Green et al., 2002.) and by their mottled gray color and lack of mainly the San Francisco and Marin determined that at least 500 harbor seals dorsal fin. They feed in northern waters County shorelines within the Bay but populate San Francisco Bay. This primarily off the Bering, Chukchi, and may occasionally enter the project area estimate agrees with previous seal western Beaufort seas during the to forage. Over the monitoring period for counts in San Francisco Bay, which summer, before heading south to the the RSRB, monitors sighted California ranged from 524 to 641 seals from 1987 breeding and calving grounds off sea lions on 90 occasions in the to 1999 (Goals Project 2000). Mexico over the winter. Between northern portion of the Central Bay and December and January, late-stage Although births of harbor seals have at least 57 times in the Central Bay. No pregnant females, adult males, and not been observed at Corte Madera pupping activity has been observed at immature females and males will Marsh and Yerba Buena Island, a few this site or at other locations within the migrate southward. The northward pups have been seen at these sites. The San Francisco Bay (Caltrans 2012). main pupping areas in the San Although there is little information migration peaks between February and Francisco Bay are at Mowry Slough and regarding the foraging behavior of the March. During this time, recently Castro Rocks (Caltrans 2012). Seals haul California sea lion in the San Francisco pregnant females, adult males, out year-round on Castro Rocks during Bay, they have been observed foraging immature females, and females with medium to low tides; few low tide sites on a regular basis in the shipping calves move north to the feeding are available within San Francisco Bay. channel south of Yerba Buena Island. grounds (NOAA 2003). A few The seals at Castro Rocks are habituated, Because California sea lions forage over individuals will enter into the San to a degree, to some sources of human a wide range in San Francisco Bay, it is Francisco Bay during their northward disturbance such as large tanker traffic possible that a limited number of migration. and the noise from vehicle traffic on the individuals would be incidentally RSRB project monitors recorded 12 bridge, but often flush into the water harassed during construction. living and 2 dead gray whales, all in when small boats maneuver close by or either the Central Bay or San Pablo Bay, when people work on the bridge (Kopec Harbor Porpoise and all but 2sightings occurred during and Harvey 1995). Long-term The harbor porpoise (Phocoena the months of April and May (Winning monitoring studies have been conducted phocoena) is a member of the 2008). One gray whale was sighted in at the largest harbor seal colonies in Phocoenidae family. They generally June and one in October (the specific Point Reyes National Seashore (∼45 km occur in groups of two to five years were unreported). The Oceanic west of the project site on Pacific coast) individuals, and are considered to be Society has tracked gray whale sightings and Golden Gate National Recreation shy, relatively nonsocial animals. since they began returning to the Bay Area (∼15 km southwest of the project In prior years, harbor porpoises were regularly in the late 1990s. The Oceanic site) since 1976. Castro Rocks and other observed primarily outside of San Society data show that all age classes of haul-outs in San Francisco Bay are part Francisco Bay. The few harbor gray whales are entering the Bay and of the regional survey area for this study porpoises that entered did not venture that they enter as singles or in groups of and have been included in annual far into the Bay. No harbor porpoises up to five individuals. However, the survey efforts. Between 2007 and 2012, were observed during marine mammal data do not distinguish between the average number of adults observed monitoring conducted before and during sightings of gray whales and number of at Castro Rocks ranged from 126 to 166 seismic retrofit work on the RSRB. In individual whales (Winning 2008). It is during the breeding season (March recent years, there have been possible that a small number of gray through May) and from 92 to 129 during increasingly common observations of whales enter the Bay in any given year, the molting season (June through July) harbor porpoises within San Francisco typically from March to May. However, (Truchinski et al., 2008, Flynn et al., Bay. According to observations by the this is outside of the June to November 2009, Codde et al., 2010, Codde et al., Golden Gate Cetacean Research team, as window when pile driving would occur.

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Steller Sea Lion construction. As a result, this species is result, this species is not considered not considered further. further. Steller sea lions (Eumetopias jubatus) Table 2 lists the marine mammal Bottlenose Dolphin have been reported at An˜ o Nuevo Island species with the potential for between Santa Cruz and Half Moon Bay The range of the bottlenose dolphin occurrence in the vicinity of the project and at the Farallon Islands about 48 km (Tursiops truncatus) has expanded during the project timeframe and off the coast of San Francisco (Fuller northward along the Pacific Coast since summarizes key information regarding 2012). Two studies of Steller sea lion the 1982–1983 El Nin˜ o (Carretta et al., stock status and abundance. None of distribution did not detect individuals 2013; Wells and Baldridge 1990). They these species are listed as threatened or in San Francisco Bay. The SF Bay now occur as far north as the San endangered under the Endangered Subtidal Habitat Goals Report, Francisco Bay region and have been Species Act. Furthermore, they are not Appendix 2–1 contains one reference to observed along the coast in Half Moon listed as depleted or as strategic stocks Steller sea lions in the San Francisco Bay, San Mateo, Ocean Beach in San under the MMPA. Section 3 and 4 of Bay, stating that since 1989, several Francisco, and Rodeo Beach in Marin Chevron’s application contains hundred California sea lions have County. Observations indicate that summaries of marine mammal species’ congregated in the winter on docks at bottlenose dolphin occasionally enter status and trends, distribution and Pier 39, which are on rare occasions San Francisco Bay, sometimes foraging habitat preferences, behavior and life joined by a few Steller sea lions (Cohen for fish in Fort Point Cove, just east of history, and auditory capabilities. Please 2010). Over a 2-year period from 2010– the Golden Gate Bridge (Golden Gate also refer to NMFS’ Web site 2012, 16 Steller sea lions were sighted Cetacean Research 2014). While (www.nmfs.noaa.gov/pr/species/ in the Bay from land or from the Golden individuals of this species occasionally mammals/) for generalized species enter San Francisco Bay, observations accounts. NMFS’ Stock Assessment Gate Bridge (GGCR, 2012) This species indicate that they remain in proximity Reports are also available at http:// is an uncommon visitor to San to the Golden Gate near the mouth of www.nmfs.noaa.gov/pr/sars, and Francisco Bay and is not expected to the Bay and would not be within the provide more detailed accounts of these occur in the project area during project area during construction. As a stocks’ status and abundance.

TABLE 2—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF THE PROJECT 1

ESA/MMPA status; Stock abundance 4 Occurrence in/near Species Stock 3 PBR Seasonal strategic (CV/Nmin) project (Y/N) 2

Pacific harbor seal California Stock ...... -/N 30,968 (-/27,348) ...... 1,641 Common ...... Year-round. Phoca vitulina. California sea lion Eastern U.S. Stock -/N 296,750 (-/153,337) ...... 9,200 Uncommon ...... Year-round. Zalophus californianus. Harbor porpoise San Francisco-Rus- -/N 9,886 (0.51/6,625) ...... 66 Common in the vi- Year-round. Phocoena sian River Stock. cinity of the Gold- phocoena. en Gate and Rich- ardson’s Bay, Rare elsewhere. Gray whale Eastern North Pa- -/N 20,990 (0.05/20,125) ...... 624 Rare to occasional .. December–April. Eschrichtius cific Stock. robustus. 1 Source: Carretta et al. 2016. 2 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. 3 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the species’ (or similar species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore. 4 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).

Potential Effects of the Specified Determination section will consider the injure or behaviorally disturb marine Activity on Marine Mammals and Their content of this section, the Estimated mammals. In order to assess the level of Habitat Take by Incidental Harassment section, impacts of sound on marine mammals it This section includes a summary and and the Mitigation section, to draw is necessary to have a basic discussion of the ways that components conclusions regarding the likely impacts understanding of underwater sound of the specified activity may impact of these activities on the reproductive characteristics and potential effects. A marine mammals and their habitat. The success or survivorship of individuals brief overview is provided below. and how those impacts on individuals Estimated Take section later in this Description of Sound Sources document will include an analysis of are likely to impact marine mammal the number of individuals that are species or stocks. Sound travels in waves, the basic expected to be taken by this activity. Impact pile driving may create components of which are frequency, The Negligible Impact Analyses and underwater noise at levels that could wavelength, velocity, and amplitude.

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Frequency is the number of pressure environment is typically loud due to levels (as determined by current waves that pass by a reference point per ambient sound. Ambient sound is weather conditions and levels of unit of time and is measured in hertz defined as environmental background biological and shipping activity) but (Hz) or cycles per second. Wavelength is sound levels lacking a single source or also on the ability of sound to propagate the distance between two peaks of a point (Richardson et al., 1995), and the through the environment. In turn, sound sound wave; lower frequency sounds sound level of a region is defined by the propagation is dependent on the have longer wavelengths than higher total acoustical energy being generated spatially and temporally varying frequency sounds and attenuate by known and unknown sources. These properties of the water column and sea (decrease) more rapidly in shallower sources may include physical (e.g., floor, and is frequency-dependent. As a water. Amplitude is the height of the waves, earthquakes, ice, atmospheric result of the dependence on a large sound pressure wave or the ‘loudness’ sound), biological (e.g., sounds number of varying factors, ambient of a sound and is typically measured produced by marine mammals, fish, and sound levels can be expected to vary using the decibel (dB) scale. A dB is the invertebrates), and anthropogenic sound widely over both coarse and fine spatial ratio between a measured pressure (with (e.g., vessels, dredging, aircraft, and temporal scales. Sound levels at a sound) and a reference pressure (sound construction). A number of sources given frequency and location can vary at a constant pressure, established by contribute to ambient sound, including by 10–20 dB from day to day scientific standards). It is a logarithmic the following (Richardson et al., 1995): • (Richardson et al., 1995). The result is unit that accounts for large variations in Wind and waves: The complex that, depending on the source type and amplitude; therefore, relatively small interactions between wind and water its intensity, sound from the specified changes in dB ratings correspond to surface, including processes such as activity may be a negligible addition to breaking waves and wave-induced large changes in sound pressure. When the local environment or could form a bubble oscillations and cavitation, are a referring to sound pressure levels (SPLs; distinctive signal that may affect marine main source of naturally occurring the sound force per unit area), sound is mammals. referenced in the context of underwater ambient noise for frequencies between sound pressure to 1 microPascal (mPa). 200 Hz and 50 kHz (Mitson 1995). In In-water construction activities One pascal is the pressure resulting general, ambient sound levels tend to associated with the project would from a force of one newton exerted over increase with increasing wind speed include impact pile driving. Underwater an area of one square meter. The source and wave height. Surf noise becomes sounds produced by pile driving fall level (SL) represents the sound level at important near shore, with into one of two general sound types: a distance of 1 m from the source measurements collected at a distance of Impulsive and non-impulsive (defined (referenced to 1 mPa). The received level 8.5 km from shore showing an increase in the following). The distinction is the sound level at the listener’s of 10 dB in the 100 to 700 Hz band between these two sound types is position. Note that all underwater sound during heavy surf conditions. important because they have differing levels in this document are referenced • Precipitation: Sound from rain and potential to cause physical effects, to a pressure of 1 mPa. hail impacting the water surface can particularly with regard to hearing (e.g., Root mean square (rms) is the become an important component of total Ward, 1997 in Southall et al., 2007). quadratic mean sound pressure over the noise at frequencies above 500 Hz, and Please see Southall et al., (2007) for an duration of an impulse, and is possibly down to 100 Hz during quiet in-depth discussion of these concepts. calculated by squaring all of the sound times. Only impulsive sound is described as amplitudes, averaging the squares, and • Biological: Marine mammals can part of this notice of proposed IHA. contribute significantly to ambient noise then taking the square root of the Impulsive sound sources (e.g., levels, as can some fish and shrimp. The average (Urick 1983). Rms accounts for explosions, gunshots, sonic booms, frequency band for biological both positive and negative values; impact pile driving) produce signals contributions is from approximately 12 squaring the pressures makes all values that are brief (typically considered to be positive so that they may be accounted Hz to over 100 kHz. • Anthropogenic: Sources of ambient less than one second), broadband, atonal for in the summation of pressure levels transients (ANSI, 1986; Harris, 1998; (Hastings and Popper, 2005). This noise related to human activity include transportation (surface vessels and NIOSH, 1998; ISO, 2003; ANSI, 2005) measurement is often used in the and occur either as isolated events or context of discussing behavioral effects, aircraft), dredging and construction, oil and gas drilling and production, seismic repeated in some succession. Impulsive in part because behavioral effects, sounds are all characterized by a which often result from auditory cues, surveys, sonar, explosions, and ocean acoustic studies. Shipping noise relatively rapid rise from ambient may be better expressed through pressure to a maximal pressure value averaged units than by peak pressures. typically dominates the total ambient followed by a rapid decay period that When underwater objects vibrate or noise for frequencies between 20 and may include a period of diminishing, activity occurs, sound-pressure waves 300 Hz. In general, the frequencies of are created. These waves alternately anthropogenic sounds are below 1 kHz oscillating maximal and minimal compress and decompress the water as and, if higher frequency sound levels pressures, and generally have an the sound wave travels. Underwater are created, they attenuate rapidly increased capacity to induce physical sound waves radiate in all directions (Richardson et al., 1995). Sound from injury as compared with sounds that away from the source (similar to ripples identifiable anthropogenic sources other lack these features. on the surface of a pond), except in than the activity of interest (e.g., a Impact hammers used as part of the cases where the source is directional. passing vessel) is sometimes termed proposed project operate by repeatedly The compressions and decompressions background sound, as opposed to dropping a heavy piston onto a pile to associated with sound waves are ambient sound. drive the pile into the substrate. Sound detected as changes in pressure by The sum of the various natural and generated by impact hammers is aquatic life and man-made sound anthropogenic sound sources at any characterized by rapid rise times and receptors such as hydrophones. given location and time—which high peak levels, a potentially injurious Even in the absence of sound from the comprise ‘‘ambient’’ or ‘‘background’’ combination (Hastings and Popper specified activity, the underwater sound—depends not only on the source 2005).

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Marine Mammal Hearing species have equal hearing capabilities techniques, anatomical modeling, and (e.g., Richardson et al., 1995; Wartzok other data. The lower and/or upper Hearing is the most important sensory and Ketten 1999; Au and Hastings frequencies for some of these functional modality for marine mammals, and 2008). To reflect this, Southall et al., hearing groups have been modified from exposure to sound can have deleterious (2007) recommended that marine those designated by Southall et al., effects. To appropriately assess these mammals be divided into functional (2007), and the revised generalized potential effects, it is necessary to hearing groups based on measured or hearing ranges are presented in the new understand the frequency ranges marine estimated hearing ranges on the basis of Guidance. The functional hearing mammals are able to hear. Current data available behavioral data, audiograms groups and the associated frequencies indicate that not all marine mammal derived using auditory evoked potential are indicated in Table 3 below.

TABLE 3—MARINE MAMMAL HEARING GROUPS AND THEIR GENERALIZED HEARING RANGE

Generalized hearing Hearing group range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger and 275 Hz to 160 kHz. L. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al., 2007) and PW pinniped (approximation).

Acoustic Effects, Underwater equipment, which would ultimately above a previously established reference decrease the intensity of the acoustic level (NMFS 2016). Potential Effects of Pile Driving source. Marine mammals depend on acoustic Sound—The effects of sounds from pile In the absence of mitigation, impacts cues for vital biological functions (e.g., driving might result in one or more of to marine species would be expected to orientation, communication, finding the following: Temporary or permanent result from physiological and behavioral prey, avoiding predators); thus, TTS hearing impairment, non-auditory responses to both the type and strength may result in reduced fitness in survival physical or physiological effects, of the acoustic signature (Viada et al., and reproduction. However, this behavioral disturbance, and masking 2008). The type and severity of depends on the frequency and duration (Richardson et al., 1995; Gordon et al., behavioral impacts are more difficult to of TTS, as well as the biological context 2004; Nowacek et al., 2007; Southall et define due to limited studies addressing in which it occurs. TTS of limited al., 2007). The effects of pile driving on the behavioral effects of impulsive duration, occurring in a frequency range marine mammals are dependent on sounds on marine mammals. Potential that does not coincide with that used for several factors, including the size, type, effects from impulsive sound sources recognition of important acoustic cues, and depth of the animal; the depth, can range in severity from effects such would have little to no effect on an intensity, and duration of the pile as behavioral disturbance or tactile animal’s fitness. Repeated sound driving sound; the depth of the water perception to physical discomfort, slight exposure that leads to TTS could cause column; the substrate of the habitat; the injury of the internal organs and the PTS. PTS constitutes injury, but TTS standoff distance between the pile and auditory system, or mortality (Yelverton does not (Southall et al., 2007). The the animal; and the sound propagation et al., 1973). following subsections discuss in properties of the environment. Impacts Hearing Impairment and Other somewhat more detail the possibilities to marine mammals from pile driving Physical Effects—Marine mammals of TTS, PTS, and non-auditory physical activities are expected to result exposed to high intensity sound effects. primarily from acoustic pathways. As repeatedly or for prolonged periods can Temporary Threshold Shift—TTS is such, the degree of effect is intrinsically experience hearing threshold shift (TS), the mildest form of hearing impairment related to the received level and which is defined as ‘‘a change, usually that can occur during exposure to a duration of the sound exposure, which an increase, in the threshold of strong sound (Kryter 1985). While are in turn influenced by the distance audibility at a specified frequency or experiencing TTS, the hearing threshold between the animal and the source. The portion of an individual’s hearing range rises, and a sound must be stronger in further away from the source, the less above a previously established reference order to be heard. In terrestrial intense the exposure should be. The level’’ (NMFS, 2016). The amount of mammals, TTS can last from minutes or substrate and depth of the habitat affect threshold shift is customarily expressed hours to days (in cases of strong TTS). the sound propagation properties of the in decibels (ANSI 1995, Yost 2007). A For sound exposures at or somewhat environment. Shallow environments are TS can be permanent (PTS) or above the TTS threshold, hearing typically more structurally complex, temporary (TTS). PTS is a permanent, sensitivity in both terrestrial and marine which leads to rapid sound attenuation. irreversible increase in the threshold of mammals recovers rapidly after In addition, substrates that are soft (e.g., audibility at a specified frequency or exposure to the sound ends. sand) would absorb or attenuate the portion of an individual’s hearing range Marine mammal hearing plays a sound more readily than hard substrates above a previously established reference critical role in communication with (e.g., rock) which may reflect the level (NMFS 2016). TTS is a temporary, conspecifics, and interpretation of acoustic wave. Soft porous substrates reversible increase in the threshold of environmental cues for purposes such would also likely require less time to audibility at a specified frequency or as predator avoidance and prey capture. drive the pile, and possibly less forceful portion of an individual’s hearing range Depending on the degree (elevation of

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threshold in dB), duration (i.e., recovery auditory damage, but repeated or (in to experience TTS or PTS, the animals time), and frequency range of TTS, and some cases) single exposures to a level have to be close enough to be exposed the context in which it is experienced, well above that causing TTS onset might to high intensity sound levels for a TTS can have effects on marine elicit PTS. prolonged period. mammals ranging from discountable to Relationships between TTS and PTS Non-auditory Physiological Effects— serious. For example, a marine mammal thresholds have not been studied in Non-auditory physiological effects or may be able to readily compensate for marine mammals but are assumed to be injuries that theoretically might occur in a brief, relatively small amount of TTS similar to those in humans and other marine mammals exposed to strong in a non-critical frequency range that terrestrial mammals. Available data underwater sound include stress, occurs during a time where ambient from humans and other terrestrial neurological effects, bubble formation, noise is lower and there are not as many mammals indicate that a 40 dB resonance effects, and other types of competing sounds present. threshold shift approximates PTS onset organ or tissue damage (Cox et al., 2006; Alternatively, a larger amount and (see Ward et al., 1958, 1959; Ward 1960; Southall et al., 2007). Studies examining longer duration of TTS sustained during Kryter et al., 1966; Miller 1974; Ahroon such effects are limited. In general, little time when communication is critical for et al., 1996; Henderson et al., 2008). is known about the potential for pile successful mother/calf interactions PTS onset acoustic thresholds for driving to cause auditory impairment or could have more serious impacts. marine mammals have not been directly other physical effects in marine Currently, TTS data only exist for four measured and must be extrapolated mammals. Available data suggest that species of cetaceans (bottlenose dolphin from available TTS onset measurements. such effects, if they occur at all, would (Tursiops truncatus), beluga whale Thus, based on cetacean measurements presumably be limited to short distances (Delphinapterus leucas), harbor from TTS studies (see Southall et al., from the sound source and to activities porpoise (Phocoena phocoena), and 2007; Finneran, 2015; Finneran, 2016 that extend over a prolonged period. Yangtze finless porpoise (Neophocaena (found in Appendix A of the Guidance)) The available data do not allow asiaeorientalis)) and three species of a threshold shift of 6 dB is considered identification of a specific exposure pinnipeds (northern elephant seal the minimum threshold shift clearly level above which non-auditory effects (Mirounga angustirostris), harbor seal larger than any day-to-day or session-to- can be expected (Southall et al., 2007) (Phoca vitulina) and California sea lion session variation in a subject’s normal or any meaningful quantitative (Zalophus californianus)) exposed to a hearing ability and is typically the predictions of the numbers (if any) of limited number of sound sources (i.e., minimum amount of threshold shift that marine mammals that might be affected mostly tones and octave-band noise) in can be differentiated in most in those ways. Marine mammals that laboratory settings (e.g., Finneran, 2016; experimental conditions (Finneran et show behavioral avoidance of pile Finneran et al., 2002; Finneran and al., 2000; Schlundt et al., 2000; driving, including some odontocetes Schlundt, 2010, 2013; Nachtigall et al., Finneran et al., 2002). and some pinnipeds, are especially 2004; Kastaket et al., 2005; Lucke et al., Measured peak underwater source unlikely to incur auditory impairment 2009; Popov et al., 2011). In general, levels from impact pile driving can be or non-auditory physical effects. Given harbor seals and harbor porpoises have as high as 214 dB re 1 mPa (Laughlin the modest number of piles that will be a lower TTS onset than other measured 2011). Although no marine mammals driven, limited driving time per pile, pinniped or cetacean species (Kastak et have been shown to experience TTS or short duration of the project, relatively al., 2005; Kastelein et al., 2011, 2012a, PTS as a result of being exposed to pile low sound source levels, and small 2012b, 2013a, 2013b, 2014a, 2014b, driving activities, captive bottlenose Level A (injury) harassment zones, 2015a, 2015b, 2015c, 2016). dolphins and beluga whales exhibited NMFS is confident that marine Additionally, the existing marine changes in behavior when exposed to mammals would not experience mammal TTS data come from a limited strong-pulsed sounds (Finneran et al., auditory or non-acoustic physiological number of individuals within these 2000, 2002, 2005). The animals tolerated impacts. species. There are no data available on high received levels of sound before Disturbance Reactions noise-induced hearing loss for exhibiting aversive behaviors. mysticetes. For summaries of data on Experiments on a beluga whale showed Behavioral disturbance may include a TTS in marine mammals or for further that exposure to a single watergun variety of effects, including subtle discussion of TTS onset thresholds, impulse at a received level of 207 changes in behavior (e.g., minor or brief please see Southall et al., (2007), kilopascal (kPa) (30 psi) peak-to-peak avoidance of an area or changes in Finneran and Jenkins (2012), and (p-p), which is equivalent to 228 dB p- vocalizations), more conspicuous Finneran (2016). p, resulted in a 7 and 6 dB TTS in the changes in similar behavioral activities, Permanent Threshold Shift—When beluga whale at 0.4 and 30 kHz, and more sustained and/or potentially PTS occurs, there is physical damage to respectively. Thresholds returned to severe reactions, such as displacement the sound receptors in the ear. In severe within 2 dB of the pre-exposure level from or abandonment of high-quality cases, there can be total or partial within four minutes of the exposure habitat. Behavioral responses to sound deafness, while in other cases the (Finneran et al., 2002). Although the are highly variable and context-specific animal has an impaired ability to hear source level of pile driving from one and any reactions depend on numerous sounds in specific frequency ranges hammer strike is expected to be much intrinsic and extrinsic factors (e.g., (Kryter 1985). There is no specific lower than the single watergun impulse species, state of maturity, experience, evidence that exposure to pulses of cited here, animals being exposed for a current activity, reproductive state, sound can cause PTS in any marine prolonged period to repeated hammer auditory sensitivity, time of day), as mammal. However, given the possibility strikes could receive more sound well as the interplay between factors that mammals close to a sound source exposure in terms of sound exposure (e.g., Richardson et al.,1995; Wartzok et might incur TTS, there has been further level (SEL) than from the single al., 2003; Southall et al., 2007; Weilgart, speculation about the possibility that watergun impulse (estimated at 188 dB 2007; Archer et al., 2010). Behavioral some individuals might incur PTS. re 1 mPa2-s) in the aforementioned reactions can vary not only among Single or occasional occurrences of mild experiment (Finneran et al., 2002). individuals but also within an TTS are not indicative of permanent However, in order for marine mammals individual, depending on previous

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experience with a sound source, where sound sources are located; and/ neuroendocrine functions that are context, and numerous other factors or flight responses (e.g., pinnipeds affected by stress—including immune (Ellison et al., 2012), and can vary flushing into water from haul-outs or competence, reproduction, metabolism, depending on characteristics associated rookeries). Pinnipeds may increase the and behavior—are regulated by pituitary with the sound source (e.g., whether it amount of time spent hauled out, hormones. Stress-induced changes in is moving or stationary, number of possibly to avoid in-water disturbance the secretion of pituitary hormones have sources, distance from the source). (Thorson and Reyff 2006). Since pile been implicated in failed reproduction, Please see Appendices B–C of Southall driving would likely only occur for a altered metabolism, reduced immune et al., (2007) for a review of studies few hours a day, over a short period, it competence, and behavioral disturbance involving marine mammal behavioral is unlikely to result in permanent (e.g., Moberg 1987; Blecha 2000). responses to sound. displacement. Any potential impacts Increases in the circulation of Habituation can occur when an from pile driving activities could be glucocorticoids are also equated with animal’s response to a stimulus wanes experienced by individual marine stress (Romano et al., 2004). with repeated exposure, usually in the mammals, but would not be likely to The primary distinction between absence of unpleasant associated events cause population level impacts, or affect stress (which is adaptive and does not (Wartzok et al., 2003). Animals are most the long-term fitness of the species. normally place an animal at risk) and likely to habituate to sounds that are The biological significance of many of ‘‘distress’’ is the cost of the response. predictable and unvarying. It is these behavioral disturbances is difficult During a stress response, an animal uses important to note that habituation is to predict, especially if the detected glycogen stores that can be quickly appropriately considered as a disturbances appear minor. However, replenished once the stress is alleviated. ‘‘progressive reduction in response to the consequences of behavioral In such circumstances, the cost of the stimuli that are perceived as neither modification could be expected to be stress response would not pose serious aversive nor beneficial,’’ rather than as, biologically significant if the change fitness consequences. However, when more generally, moderation in response affects growth, survival, or an animal does not have sufficient to human disturbance (Bejder et al., reproduction. Significant behavioral energy reserves to satisfy the energetic 2009). The opposite process is modifications that could potentially costs of a stress response, energy sensitization, when an unpleasant lead to effects on growth, survival, or resources must be diverted from other experience leads to subsequent reproduction include: functions. This state of distress will last responses, often in the form of • Drastic changes in diving/surfacing until the animal replenishes its avoidance, at a lower level of exposure. patterns (such as those thought to cause energetic reserves sufficient to restore Behavioral state may affect the type of beaked whale stranding due to exposure normal function. response as well. For example, animals to military mid-frequency tactical Relationships between these that are resting may show greater sonar); physiological mechanisms, animal behavioral change in response to • Habitat abandonment due to loss of behavior, and the costs of stress disturbing sound levels than animals desirable acoustic environment; and responses are well-studied through that are highly motivated to remain in • Cessation of feeding or social controlled experiments and for both an area for feeding (Richardson et al., interaction. laboratory and free-ranging animals 1995; NRC, 2003; Wartzok et al., 2003). The onset of behavioral disturbance (e.g., Holberton et al., 1996; Hood et al., Controlled experiments with captive from anthropogenic sound depends on 1998; Jessop et al., 2003; Krausman et marine mammals showed pronounced both external factors (characteristics of al., 2004; Lankford et al., 2005). Stress behavioral reactions, including sound sources and their paths) and the responses due to exposure to avoidance of loud sound sources specific characteristics of the receiving anthropogenic sounds or other stressors (Ridgway et al., 1997; Finneran et al., animals (hearing, motivation, and their effects on marine mammals 2003). Observed responses of wild experience, demography) and is difficult have also been reviewed (Fair and marine mammals to loud pulsed sound to predict (Southall et al., 2007). Becker 2000; Romano et al., 2002b) and, sources (typically seismic guns or more rarely, studied in wild populations Stress Responses acoustic harassment devices, but also (e.g., Romano et al., 2002a). For including pile driving) have been varied An animal’s perception of a threat example, Rolland et al. (2012) found but often consist of avoidance behavior may be sufficient to trigger stress that noise reduction from reduced ship or other behavioral changes suggesting responses consisting of some traffic in the Bay of Fundy was discomfort (Morton and Symonds 2002; combination of behavioral responses, associated with decreased stress in Thorson and Reyff 2006; see also autonomic nervous system responses, North Atlantic right whales. These and Gordon et al., 2004; Wartzok et al., neuroendocrine responses, or immune other studies lead to a reasonable 2003; Nowacek et al., 2007). responses (e.g., Seyle 1950; Moberg expectation that some marine mammals With both types of pile driving, it is 2000). In many cases, an animal’s first will experience physiological stress likely that the onset of pile driving and sometimes most economical (in responses upon exposure to acoustic could result in temporary, short-term terms of energetic costs) response is stressors and that it is possible that changes in an animal’s typical behavior behavioral avoidance of the potential some of these would be classified as and/or avoidance of the affected area. stressor. Autonomic nervous system ‘‘distress.’’ In addition, any animal These behavioral changes may include responses to stress typically involve experiencing TTS would likely also (Richardson et al., 1995): Changing changes in heart rate, blood pressure, experience stress responses (NRC 2003). durations of surfacing and dives, and gastrointestinal activity. These number of blows per surfacing responses have a relatively short Auditory Masking (cetaceans only), or moving direction duration and may or may not have a Natural and artificial sounds can and/or speed; reduced/increased vocal significant long-term effect on an disrupt behavior by masking, or activities; changing/cessation of certain animal’s fitness. interfering with, a marine mammal’s behavioral activities (such as socializing Neuroendocrine stress responses often ability to hear other sounds. Masking or feeding); visible startle response or involve the hypothalamus-pituitary- occurs when the receipt of a sound is aggressive behavior; avoidance of areas adrenal system. Virtually all interfered with by another coincident

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sound at similar frequencies and at driving covers a broad frequency impulsive sounds. Fish react to sounds similar or higher levels. Chronic spectrum, sound from these sources that are especially strong and/or exposure to excessive, though not high- would likely be within the audible intermittent low-frequency sounds. intensity, sound could cause masking at range of marine mammals present in the Short duration, sharp sounds can cause particular frequencies for marine project area. Impact pile driving activity overt or subtle changes in fish behavior mammals that utilize sound for vital is relatively short-term, with rapid and local distribution. Hastings and biological functions. Masking can pulses occurring for approximately Popper (2005) identified several studies interfere with detection of acoustic twenty minutes per pile. that suggest fish may relocate to avoid signals such as communication calls, certain areas of sound energy. Anticipated Effects on Habitat echolocation sounds, and Additional studies have documented environmental sounds important to The proposed project would result in effects of pile driving on fish, although marine mammals. Therefore, under small net increase in bay fill of several are based on studies in support certain circumstances, marine mammals approximately 0.01 acre of benthic of large, multiyear bridge construction whose acoustical sensors or habitat due to the placement of piles. projects (e.g., Scholik and Yan, 2001, environment are being severely masked The piles would generally be placed 2002; Popper and Hastings, 2009) and could also be impaired from maximizing within the existing footprint of the Long are therefore not directly comparable their performance fitness in survival Wharf. This would not have a with the proposed project. Sound pulses and reproduction. If the coincident measurable influence on habitat for at received levels of 160 dB may cause (masking) sound were man-made, it marine mammals in the Bay. A subtle changes in fish behavior. SPLs of could be potentially harassing if it temporary, small-scale loss of foraging 180 dB may cause noticeable changes in disrupted hearing-related behavior. It is habitat may occur for marine mammals behavior (Pearson et al., 1992; Skalski et important to distinguish TTS and PTS, if marine mammals leave the area al., 1992). SPLs of sufficient strength which persist after the sound exposure, during pile driving activities. Acoustic have been known to cause injury to fish from masking, which occurs during the energy created during pile replacement and fish mortality. In general, impacts to sound exposure. Because masking work would have the potential to marine mammal prey species from the (without resulting in TS) is not disturb fish within the vicinity of the proposed project are expected to be associated with abnormal physiological pile replacement work. As a result, the minor and temporary due to the function, it is not considered a affected area could have a temporarily relatively short timeframe of four days physiological effect, but rather a decreased foraging value to marine of pile driving activities for a total of potential behavioral effect. mammals. During pile driving, high 160 minutes that would occur under the The frequency range of the potentially noise levels may exclude fish from the proposed IHA. masking sound is important in vicinity of pile driving; Hastings and The most likely impact to fish from determining any potential behavioral Popper (2005) identified several studies pile driving activities at the project area impacts. Because sound generated from that suggest fish will relocate to avoid would be temporary behavioral in-water pile driving is mostly areas of damaging noise energy. An avoidance of the area. The duration of concentrated at low frequency ranges, it analysis of potential noise output of the fish avoidance of this area after pile may affect detection of communication proposed project indicates that the driving stops is unknown, but a rapid calls and other potentially important distance from underwater pile driving at return to normal recruitment, natural sounds such as surf and prey which noise has the potential to cause distribution and behavior is anticipated. sound. It may also affect communication temporary hearing loss in fish ranges Effects on Potential Foraging signals when they occur near the sound from approximately 10 to 158 m (32 ft Habitat—San Francisco Bay is classified band and thus reduce the to 520 ft) from pile driving activity, as Essential Fish Habitat (EFH) under communication space of animals (e.g., depending on the type of pile. the Magnuson-Stevens Fisheries Clark et al., 2009) and cause increased Therefore, if fish leave the area of Conservation and Management Act, as stress levels (e.g., Foote et al., 2004; Holt disturbance, pinniped foraging habitat amended by the Sustainable Fisheries et al., 2009). may have temporarily decreased Act. The EFH provisions of the Masking has the potential to impact foraging value when piles are driven. Sustainable Fisheries Act are designed species at the population or community The duration of fish avoidance of this to protect fisheries habitat from being levels as well as at individual levels. area after pile driving stops is unknown. lost due to disturbance and degradation. Masking affects both senders and However, the affected area represents an The act requires implementation of receivers of the signals and can extremely small portion of the total area measures to conserve and enhance EFH. potentially have long-term chronic within foraging range of marine San Francisco Bay, including the area of effects on marine mammal species and mammals that may be present in the the project, is classified as EFH for 20 populations. Recent research suggests project area. species of commercially important fish that low frequency ambient sound levels As such, the main impact associated and sharks that are federally managed have increased by as much as 20 dB with the proposed activity would be under three fisheries management plans (more than three times in terms of SPL) temporarily elevated sound levels and (FMPs): Coastal Pelagic, Pacific in the world’s ocean from pre-industrial the associated direct effects on marine Groundfish, and Pacific Coast Salmon periods, and that most of these increases mammals, as discussed previously in (Table 9–1 in the Application). The are from distant shipping (Hildebrand this document. The most likely impact Pacific Coast Salmon FMP includes 2009). All anthropogenic sound sources, to marine mammal habitat occurs from Chinook salmon. such as those from vessel traffic, pile pile driving effects on likely marine In addition to EFH designations, San driving, and dredging activities, mammal prey (i.e., fish) near the project Francisco Bay is designated as a Habitat contribute to the elevated ambient location, and minor impacts to the Area of Particular Concern (HAPC) for sound levels, thus intensifying masking. immediate substrate during installation various fish species within the Pacific The most intense underwater sounds and removal of piles during the dock Groundfish and Coastal Pelagic FMPs, in the proposed action are those construction project. as this estuarine system serves as produced by impact pile driving. Given Effects on Potential Prey— breeding and rearing grounds important that the energy distribution of pile Construction activities would produce to these fish stocks. A number of these

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fish species are prey species for In order to estimate the potential establish distances to PTS and pinnipeds. incidents of take that may occur behavioral harassment isopleths, the Given the short duration of increased incidental to the specified activity, we sound source level associated with a underwater noise levels and small must first estimate the extent of the specific pile driving activity must be project footprint associated with the sound field that may be produced by the measured directly or estimated using proposed project, there is not likely to activity and then consider the sound proxy information. The intensity of pile be a permanent, adverse effect on EFH. field in combination with information driving sounds is greatly influenced by Therefore, the project is not likely to about marine mammal density or factors such as the material type and have a permanent, adverse effect on abundance in the project area. We first dimension of piles. To estimate the marine mammal foraging habitat. provide information on applicable noise effects of the 24-inch square Any behavioral avoidance by fish of sound thresholds for determining effects concrete piles proposed for use in Year the disturbed area would still leave to marine mammals before describing 1 of this project, Chevron reviewed significantly large areas of fish and the information used in estimating the sound pressure levels (SPLs) from other marine mammal foraging habitat in San sound fields, the available marine projects conducted under similar Francisco Bay. While the proposed mammal density or abundance circumstances. These projects include project would result in a small net information, and the method of the Pier 40 Berth Construction in San increase in Bay fill of approximately estimating potential incidences of take Francisco, and the Berth 22 and Berth 0.01 acre of benthic foraging habitat, Sound Thresholds—NMFS uses 32 reconstruction projects at the Port of this would not have a measurable sound exposure thresholds to determine Oakland. However, NMFS elected to use influence on habitat for marine when an activity that produces data from only the Pier 40 project since mammals in the Bay. underwater sound might result in 24-inch square concrete piles were In summary, given the short duration impacts to a marine mammal such that installed at that location. At Berth 22 of sound associated with individual pile a ‘‘take’’ by harassment might occur. On and Berth 32, 24-inch octagonal driving events and the relatively small August 4, 2016, NMFS released its concrete piles were installed. The area that would be affected, pile driving Technical Guidance for Assessing the differences in pile shape may result in activities associated with the proposed Effects of Anthropogenic Sound on varying SPLs. Impact pile driving at Pier action are not likely to have a Marine Mammal Hearing (Guidance) (81 40 resulted in measured RMS values permanent, adverse effect on any fish FR 51694) (available at http:// ranging from 162–174 dB and peak SPLs habitat, or populations of fish species. www.nmfs.noaa.gov/pr/acoustics/ from 172 to 186 dB. SEL measurements Thus, any impacts to marine mammal guidelines.htm). This new guidance were not recorded. From Pier 40, NMFS habitat are not expected to cause established new thresholds for selected a RMS value of 170 dB, which significant or long-term consequences predicting auditory injury, which was the average of the eight piles tested, for individual marine mammals or their equates to Level A harassment under the excluding 2 piles that utilized ‘‘jetting’’. populations. MMPA. As will be discussed below, Jetting consists of employing a carefully NMFS has revised PTS (and TTS) onset Estimated Take directed and pressurized flow of water acoustic thresholds for impulsive and This section includes an estimate of to assist in pile placement by liquefying non-impulsive sound as part of its new soils at the pile tip during pile the number of incidental ‘‘takes’’ acoustic guidance. The Guidance does proposed for authorization pursuant to placement. Jetting tends to increase not address Level B harassment; driving efficiency while decreasing this IHA, which will inform both NMFS’ therefore, NMFS uses the current consideration of whether the number of sound levels and will not be utilized by acoustic exposure criteria to determine Chevron during this project. NMFS used takes is ‘‘small’’ and the negligible exposure to underwater noise sound impact determination. an identical approach to arrive at an pressure levels for Level B harassment average peak value of 181 dB. Harassment is the primary means of (Table 4). take expected to result from these During the installation of piles, the Based on Pier 40 Results activities. Except with respect to certain project has the potential to increase Sound Propagation—Transmission activities not pertinent here, the MMPA airborne noise levels. Airborne pile- loss (TL) is the decrease in acoustic defines ‘‘harassment’’ as: Any act of driving RMS noise levels above the intensity as an acoustic pressure wave pursuit, torment, or annoyance which (i) NMFS airborne noise thresholds are not propagates out from a source. TL has the potential to injure a marine expected to extend to the Castro Rocks parameters vary with frequency, mammal or marine mammal stock in the haul-out site, which is located 650 m temperature, sea conditions, current, wild (Level A harassment); or (ii) has north of Long Wharf. In addition, the source and receiver depth, water depth, the potential to disturb a marine Castro Rocks haul out is subject to high water chemistry, and bottom mammal or marine mammal stock in the levels of background noise from the composition and topography. The wild by causing disruption of behavioral Richmond Bridge, ongoing vessel general formula for underwater TL is: patterns, including, but not limited to, activity at the Long Wharf, ferry traffic, migration, breathing, nursing, breeding, and other general boat traffic. Any TL = B * log10 (R1/R2), feeding, or sheltering (Level B pinnipeds that surface in the area over Where: harassment). which the airborne noise thresholds R1 = the distance of the modeled SPL from As described previously in the Effects may be exceeded would have already the driven pile, and section, Level B Harassment is expected been exposed to underwater noise levels R2 = the distance from the driven pile of the to occur and is proposed to be above the applicable thresholds and initial measurement. authorized for select species in numbers thus would not result in an additional This formula neglects loss due to identified below. Based on the nature of incidental take. Airborne noise is not scattering and absorption, which is the activity and the anticipated considered further. assumed to be zero here. The degree to effectiveness of the mitigation measures, Source Levels—Pile driving generates which underwater sound propagates Level A harassment is neither underwater noise that can potentially away from a sound source is dependent anticipated nor proposed to be result in disturbance to marine on a variety of factors, most notably the authorized. mammals in the project area. In order to water bathymetry and presence or

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absence of reflective or absorptive Appendix D of NMFS’ Guidance and the noted above were used in the conditions including in-water structures accompanying User Spreadsheet. The Spreadsheet for 24-inch square concrete and sediments. Spherical spreading Guidance provides updated PTS onset piles. It was estimated that two piles occurs in a perfectly unobstructed (free- thresholds using the cumulative SEL would be installed in one 24-hr field) environment not limited by depth (SELcum) metric, which incorporates workday with installation for each pile or water surface, resulting in a 6 dB marine mammal auditory weighting requiring approximately 300 blows. reduction in sound level for each functions, to identify the received NMFS used an RMS of 170 dB and doubling of distance from the source levels, or acoustic thresholds, at which pulse duration of 0.1 seconds. Measured (20*log(range)). Cylindrical spreading individual marine mammals are SEL values were not available for 24- occurs in an environment in which predicted to experience changes in their inch square concrete piles. sound propagation is bounded by the hearing sensitivity for acute, incidental water surface and sea bottom, resulting exposure to all underwater Utilizing the User Spreadsheet, NMFS in a reduction of 3 dB in sound level for anthropogenic sound sources. The applied the updated PTS onset each doubling of distance from the Guidance (Appendix D) and its thresholds for impulsive PK and source (10*log(range)). As is common companion User Spreadsheet provide SELcum in the new acoustic guidance to practice in coastal waters, here we alternative methodology for determine distance to the isopleths for assume practical spreading loss (4.5 dB incorporating these more complex PTS onset for impact pile driving. In reduction in sound level for each thresholds and associated weighting determining the cumulative sound doubling of distance) here. Practical functions. exposure levels, the Guidance considers spreading is a compromise that is often The User Spreadsheet accounts for the duration of the activity, the sound used under conditions where water weighting functions using Weighting exposure level produced by the source increases with depth as the receiver Factor Adjustments (WFAs), and NMFS during a 24-hr period, and the moves away from the shoreline, used the recommended values for generalized hearing range of the impact driving therein (2 kHz). Pile resulting in an expected propagation receiving species. In the case of the duel driving durations were estimated based environment that would lie between metric acoustic thresholds for impulsive spherical and cylindrical spreading loss on similar project experience. NMFS’ sound, the larger of the two isopleths for conditions. new acoustic thresholds use dual Level A Zone—Chevron’s Level A metrics of SELcum and peak sound calculating PTS onset is used. Results in harassment zone was calculated by level (PK) for impulsive sounds (e.g., Table 4 display the Level A injury zones utilizing the methods presented in impact pile driving). The noise levels for the various hearing groups.

TABLE 4—INJURY ZONES AND SHUTDOWN ZONES FOR HEARING GROUPS ASSOCIATED WITH INSTALLATION OF 24-INCH CONCRETE PILES VIA IMPACT DRIVING

Low-frequency High-frequency Hearing group cetaceans Mid-frequency cetaceans Phocid pinnipeds Otariid pinnipeds (gray whale) cetaceans (harbor porpoise) (harbor seal) (CA sea lion)

PTS Onset Acoustic Lpk,flat: 219 dB ...... Lpk,flat: 230 dB ...... Lpk,flat: 202 dB ...... Lpk,flat: 218 dB ...... Lpk,flat: 232 dB. Thresholds—Impul- LE,LF,24h: 183 dB .... LE,MF,24h: 185 dB ... LE,HF,24h: 155 dB .... LE,PW,24h: 185 dB ... LE,OW,24h: 203 dB. sive * (Received Level). PTS Isopleth to 20.8 ...... 0.7 ...... 24.8 ...... 11.1 ...... 0.8. threshold (m). * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1 μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

The zone of influence (ZOI) refers to distances to the 160 dB threshold sound exceeding the Level B 160 dB the area(s) in which SPLs equal or assume a field free of obstruction. RMS threshold over a distance of 46 exceed NMFS’ current Level B Assuming a source level of 170 dB RMS, meters (150 feet) (Table 5). harassment thresholds (160 dB for installation of the 24-inch concrete piles impulse sound). Calculated radial is expected to produce underwater

TABLE 5—ISOPLETH FOR LEVEL B HARASSMENT ASSOCIATED WITH IMPACT DRIVING OF 24-INCH CONCRETE PILES

Isopleth Criterion Definition Threshold (distance from source)

Level B harassment ...... Behavioral disruption ...... 160 dB RMS (impulse sources) ...... 46 m

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Density/Abundance—Data specifying June–July and coinciding with the of May 1998 to February 2002, a marine mammal’s density or period when piles will be driven) as California sea lions were sighted at least abundance in a given area can often be many as 129 harbor seals have been 90 times in the northern portion of the used to generate exposure estimates. observed using Castro Rocks as a haul Central Bay and at least 57 times near However, no systematic line transect out. Harbor seals are more likely to be the San Francisco-Oakland Bay Bridge surveys of marine mammals have been hauled out in the late afternoon and in the Central Bay. During monitoring performed in the San Francisco Bay evening, and are more likely to be in the for the San Francisco-Oakland Bay near the project site. Density water during the morning and early Bridge Project in the Central Bay, information for marine mammal species afternoon (Green et al., 2002). However, California sea lions were observed on 69 has been generated by Caltrans based on during the molting season, harbor seals occasions in the vicinity of the bridge 15 years (2000–2015) of observations as spend more time hauled out and tend to over a 14-year period from 2000–2014 part of the San Francisco-Oakland Bay enter the water later in the evening. (Caltrans 2015b). The limited data Bridge replacement project (Caltrans During molting, harbor seals can stay regarding these observations do not 2016). The data revealed densities of onshore resting for an average of 12 allow a quantitative assessment of 0.00004 animals/km2 for gray whale, hours per day during the molt compared potential take. Given the limited driving 0.021 animals/km2 for harbor porpoise, to around 7 hours per day outside of the time, low number of sea lions that are 0.09 animals/km2 for California sea lion, pupping/molting seasons (NPS 2014). likely to be found in the northern part and 0.17 animals/km2 for harbor seal. Tidal stage is a major controlling of the Bay, and small size of the level Utilization of these data to develop factor of haul out usage at Castro Rocks B zone, NMFS is proposing a total of 2 exposure estimates results in very small with more seals present during low California sea lion takes. exposure values. Despite the near zero tides than high tide periods (Green et Harbor Porpoise estimate provided through use of the al., 2002). Additionally, the number of Caltrans density data, local seals hauled out at Castro Rocks also A small but growing population of observational data leads us to believe varies with the time of day, with harbor porpoises utilizes San Francisco that this estimate may not be accurate in proportionally more animals hauled out Bay. Harbor porpoises are typically illustrating the potential for take at this during the nighttime hours (Green et al. spotted in the vicinity of Angel Island particular site, so we have to use other 2002). Therefore, the number of harbor and the Golden Gate Bridge (6 and 12 information. Instead, NMFS relied on seals in the water around Castro Rocks km southwest respectively) (Keener local observational data as described will vary throughout the work period. 2011), but may utilize other areas in the below. The take estimates are based on the Central Bay in low numbers, including Take Estimate—The estimated highest number of harbor seals observed the project area. The density and number of marine mammals that may be at Castro Rocks during 2007 to 2012 frequency of this usage throughout the exposed to noise at levels expected to annual surveys (approximately 129 Bay is unknown. For this proposed IHA, result in take as defined in the MMPA seals). Without site-specific data, it is NMFS is not authorizing take of any is determined by comparing the impossible to determine how many harbor porpoise since the proposed calculated areas over which the Level B hauled out seals enter the water and, of exclusion zone will be conservatively harassment threshold may be exceeded, those, how many enter into the Level B set at 50 m, which is larger than the as described above, with the expected harassment area. Given the relatively Level B zone isopleth of 46 m, and take distribution of marine mammal species small size of the Level B harassment can be avoided. within the vicinity of the proposed area compared to the large expanse of Gray Whale project. NMFS calculated take Bay water that is available to the seals, qualitatively utilizing observational data NMFS will assume that no more than 6 The only whale species that enters taken during marine mammal seals per day would enter into the Level San Francisco bay with any regularity is monitoring associated with the RSRB B harassment area during the 40 the gray whale. Gray whales retrofit project, the San Francisco- minutes of pile driving per day occasionally enter the Bay during their Oakland Bay Bridge replacement scheduled to occur over 4 days. northward migration period, and are project, and other marine mammal Therefore, NMFS proposes that up to 6 most often sighted in the Bay between observations for San Francisco Bay. As seals per day may be exposed to Level February and May. Most venture only described previously in the Effects B harassment over 4 days of impact about 2 to 3 km past the Golden Gate section, Level B Harassment is expected driving, resulting in a total of 24 takes. Bridge, but gray whales have to occur and is proposed to be occasionally been sighted as far north as California Sea Lion authorized in the numbers identified San Pablo Bay. Impact pile driving is below. Relatively few California sea lions are not expected to occur during this time, expected to be present in the project however, and gray whales are not likely Pacific Harbor Seal area during periods of pile driving, as to be present at other times of year. Castro Rocks is the largest harbor seal there are no haul-outs utilized by this Furthermore, the proposed exclusion haul out site in the northern part of San species in the vicinity. However, zone of 50 m for this species is larger Francisco Bay and is the second largest monitoring for the RSRB did observe than the Level B zone isopleth of 46 m. pupping site in the Bay (Green et al., small numbers of this species in the As such, NMFS is not proposing to 2002). The pupping season is from north and central portions of the Bay authorize any gray whale take. March to June in San Francisco Bay. during working hours. During Table 6 shows estimated Level B take During the molting season (typically monitoring that occurred over a period for authorized species.

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TABLE 6—SUMMARY OF ESTIMATED TAKE BY SPECIES [Level B Harassment]

Species Pile type Pile driver type Number of Number of piles driving days Harbor seal CA sea lion

24-inch square concrete ...... Impact ...... 8 4 24 2

Mitigation harbor porpoise; 11.1 m for harbor seal; In order to document observed Under section 101(a)(5)(D) of the 0.8 m for California sea lion, and; 20.8 incidents of harassment, monitors will MMPA, NMFS shall prescribe the m for gray whales. record all marine mammals observed ‘‘permissible methods of taking by NMFS proposes to require a 15 m within the ZOI. Due to the relatively harassment pursuant to such activity, exclusion zone for harbor seals and small ZOI and to the monitoring and other means of effecting the least California sea lions. In order to prevent locations chosen by Chevron we expect practicable impact on such species or any take of the cetacean species, a 50 m that two monitors will be able to stock and its habitat, paying particular exclusion zone is proposed for harbor observe the entire ZOI. attention to rookeries, mating grounds, porpoises and gray whales. A shutdown Ramp up/Soft-start—A ‘‘soft-start’’ and areas of similar significance, and on will occur prior to a marine mammal technique is intended to allow marine the availability of such species or stock entering the shutdown zones. Activity mammals to vacate the area before the for subsistence uses.’’ will cease until the observer is confident pile driver reaches full power. For To ensure that the ‘‘least practicable that the animal is clear of the shutdown impact driving, an initial set of three impact’’ will be achieved, NMFS zone. The animal will be considered strikes would be made by the hammer evaluates mitigation measures in clear if: at reduced energy, followed by a 30-sec consideration of the following factors in • It has been observed leaving the waiting period, then two subsequent relation to one another: The manner in shutdown zone; or three- strike sets before initiating continuous driving. Soft start will be which, and the degree to which, the • It has not been seen in the required at the beginning of each day’s successful implementation of the shutdown zone for 30 minutes for impact pile driving work and at any measure(s) is expected to reduce cetaceans and 15 minutes for pinnipeds. impacts to marine mammals, marine time following a cessation of impact pile 10-meter Shutdown Zone—During the driving of thirty minutes or longer. mammal species or stocks, their habitat, in-water operation of heavy machinery and their availability for subsistence Pile Caps/Cushions—Chevron will (e.g., barge movements), a 10-m employ the use of pile caps or cushions uses (latter where relevant); the proven shutdown zone for all marine mammals or likely efficacy of the measures; and as sound attenuation devices to reduce will be implemented. If a marine impacts from sound exposure during the practicability of the measures for mammal comes within 10 m, operations applicant implementation. impact pile driving. shall cease and vessels shall reduce Based on our evaluation of the Mitigation for Mammals and Their speed to the minimum level required to applicant’s proposed measures, as well Habitat maintain steerage and safe working as other measures considered by NMFS, conditions. The following measures would apply NMFS has preliminarily determined to Chevron’s mitigation through the Level B Harassment Zone (Zone of that the proposed mitigation measures exclusion zone and zone of influence Influence)—The ZOI refers to the area(s) provide the means effecting the least ZOI: in which SPLs equal or exceed NMFS’ practicable impact on the affected Time Restriction—For all in-water current Level B harassment thresholds species or stocks and their habitat, pile driving activities, Chevron shall (160 dB rms for pulse sources). ZOIs paying particular attention to rookeries, operate only during daylight hours provide utility for monitoring that is mating grounds, and areas of similar when visual monitoring of marine conducted for mitigation purposes (i.e., significance. exclusion zone monitoring) by mammals can be conducted. Monitoring and Reporting Seasonal Restriction—To minimize establishing monitoring protocols for impacts to listed fish species, pile- areas adjacent to the exclusion zone. In order to issue an IHA for an driving activities would occur between Monitoring of the ZOI enables observers activity, Section 101(a)(5)(D) of the June 1 and November 30. to be aware of, and communicate about, MMPA states that NMFS must set forth, Exclusion Zone—For all pile driving the presence of marine mammals within ‘‘requirements pertaining to the activities, Chevron will establish an the project area but outside the monitoring and reporting of such exclusion zone intended to contain the exclusion zone and thus prepare for taking.’’ The MMPA implementing area in which Level A harassment potential shutdowns of activity should regulations at 50 CFR 216.104 (a)(13) thresholds are exceeded. The purpose of those marine mammals approach the indicate that requests for authorizations the exclusion zone is to define an area exclusion zone. However, the primary must include the suggested means of within which shutdown of construction purpose of ZOI monitoring is to allow accomplishing the necessary monitoring activity would occur upon sighting of a documentation of incidents of Level B and reporting that will result in marine mammal within that area (or in harassment; ZOI monitoring is increased knowledge of the species and anticipation of an animal entering the discussed in greater detail later (see of the level of taking or impacts on defined area), thus preventing potential Monitoring and Reporting). The populations of marine mammals that are injury of marine mammals. The modeled radial distances for the ZOI for expected to be present in the proposed calculated distance to Level A impact pile driving of 24-inch square action area. Effective reporting is critical harassment isopleths threshold during concrete piles is 46 m. NMFS proposes both to compliance as well as ensuring impact pile driving, assuming a a 50 m Level B zone for harbor seals and that the most value is obtained from the maximum of 2 piles per day is 25 m for California sea lions. required monitoring.

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Monitoring and reporting • Writing skills sufficient to prepare a specific actions that ensued, and requirements prescribed by NMFS report of observations including but not resulting behavior of the animal, if any. should contribute to improved limited to the number and species of In addition, Chevron will attempt to understanding of one or more of the marine mammals observed; dates and distinguish between the number of following: times when in-water construction individual animals taken and the • Occurrence of marine mammal activities were conducted; dates and number of incidents of take, when species or stocks in the action area (e.g., times when in-water construction possible. We require that, at a presence, abundance, distribution, activities were suspended to avoid minimum, that the following density). potential incidental injury from information be recorded on sighting • Nature, scope, or context of likely construction sound of marine mammals forms: marine mammal exposure to potential observed within a defined shutdown • Date and time that permitted stressors/impacts (individual or zone; and marine mammal behavior; construction activity begins or ends; cumulative, acute or chronic), through • Ability to communicate orally, by • Weather parameters (e.g., percent better understanding of: (1) Action or radio or in person, with project cloud cover, percent glare, visibility) environment (e.g., source personnel to provide real-time and Beaufort sea state; characterization, propagation, ambient information on marine mammals • Species, numbers, and, if possible, noise); (2) affected species (e.g., life observed in the area as necessary; and sex and age class of observed marine history, dive patterns); (3) co-occurrence • NMFS will require submission and mammals; of marine mammal species with the approval of observer CVs. • Construction activities occurring action; or (4) biological or behavioral Chevron will monitor the exclusion during each sighting; context of exposure (e.g., age, calving or zones and Level B harassment zone • Marine mammal behavior patterns feeding areas). before, during, and after pile driving, observed, including bearing and • Individual marine mammal with at least two observers located at the direction of travel; responses (behavioral or physiological) best practicable vantage points. Based • Specific focus should be paid to to acoustic stressors (acute, chronic, or on our requirements, the Marine behavioral reactions just prior to, or cumulative), other stressors, or Mammal Monitoring Plan would during, soft-start and shutdown cumulative impacts from multiple implement the following procedures for procedures; stressors. pile driving: • Location of marine mammal, • During observation periods, • How anticipated responses to distance from observer to the marine observers will continuously scan the stressors impact either: (1) Long-term mammal, and distance from pile driving area for marine mammals using fitness and survival of individual activities to marine mammals; marine mammals; or (2) populations, binoculars and the naked eye; • • Monitoring shall begin 30 minutes Record of whether an observation species, or stocks. required the implementation of • Effects on marine mammal habitat prior to impact pile driving; • Observers will conduct mitigation measures, including (e.g., marine mammal prey species, observations, meet training shutdown procedures and the duration acoustic habitat, or other important requirements, fill out data forms, and of each shutdown; and physical components of marine • report findings in accordance with this Other human activity in the area. mammal habitat). Record the hull numbers of fishing • IHA; Mitigation and monitoring • If the exclusion zone is obscured by vessels if possible. effectiveness. fog or poor lighting conditions, pile Reporting Measures Chevron will collect sighting data and driving will not be initiated until the will record behavioral responses to exclusion zone is clearly visible. Should Chevron shall submit a draft report to construction activities for marine such conditions arise while impact NMFS within 90 days of the completion mammal species observed in the project driving is underway, the activity would of marine mammal monitoring, or 60 location during the period of activity. be halted; days prior to the issuance of any Monitoring will be conducted by • Observers will be in continuous subsequent IHA for this project (if qualified marine mammal observers contact with the construction personnel required), whichever comes first. The (MMO), who are trained biologists, with via two-way radio. A cellular phone will annual report would detail the the following minimum qualifications: be used for back-up communications monitoring protocol, summarize the • Independent observers (i.e., not and for safety purposes; data recorded during monitoring, and construction personnel) are required; • Observers will implement estimate the number of marine • At least one observer must have mitigation measures including mammals that may have been harassed. prior experience working as an observer; monitoring of the proposed shutdown If no comments are received from NMFS • Other observers may substitute and monitoring zones, clearing of the within 30 days, the draft final report education (undergraduate degree in zones, and shutdown procedures; and will become final. If comments are biological science or related field) or • At the end of the pile-driving day, received, a final report must be training for experience; post-construction monitoring will be submitted up to 30 days after receipt of • Ability to conduct field conducted for 30 minutes beyond the comments. Reports shall contain the observations and collect data according cessation of pile driving. following information: to assigned protocols; • Summaries of monitoring effort • Experience or training in the field Data Collection (e.g., total hours, total distances, and identification of marine mammals, We require that observers use marine mammal distribution through including the identification of approved data forms. Among other the study period, accounting for sea behaviors; pieces of information, chevron will state and other factors affecting • Sufficient training, orientation, or record detailed information about any visibility and detectability of marine experience with the construction implementation of shutdowns, mammals); operation to provide for personal safety including the distance of animals to the • Analyses of the effects of various during observations; pile being driven, a description of factors influencing detectability of

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marine mammals (e.g., sea state, number would work with Chevron to determine pile driving on marine mammals are of observers, and fog/glare); and whether modifications in the activities expected to be relatively similar in • Species composition, occurrence, are appropriate. nature. There is no information about and distribution of marine mammal In the event that Chevron discovers an the nature or severity of the impacts, or sightings, including date, numbers, age/ injured or dead marine mammal, and the size, status, or structure of any size/gender categories (if determinable), the lead MMO determines that the species or stock that would lead to a and group sizes. injury or death is not associated with or different analysis for this activity, or In the unanticipated event that the related to the activities authorized in the else species-specific factors would be specified activity clearly causes the take IHA (e.g., previously wounded animal, identified and analyzed. of a marine mammal in a manner carcass with moderate to advanced Impact pile driving activities prohibited by the IHA (if issued), such decomposition, or scavenger damage), associated with the proposed project, as as an injury (Level A harassment), Chevron would report the incident to outlined previously, have the potential serious injury or mortality (e.g., ship- Office of Protected Resources, NMFS, to disturb or displace marine mammals. strike, gear interaction, and/or and West Coast Regional Stranding Specifically, the specified activities may entanglement), Chevron would Coordinator, within 24 hours of the result in take, in the form of Level B immediately cease the specified discovery. Chevron would provide harassment (behavioral disturbance) activities and immediately report the photographs or video footage (if from underwater sounds generated from incident to the Office of Protected available) or other documentation of the pile driving. Potential takes could occur Resources, NMFS, and the West Coast stranded animal sighting to NMFS and if individuals of these species are Regional Stranding Coordinator. The the Marine Mammal Stranding Network. present in the ensonified zone when in- report would include the following Pile driving activities would be water construction is under way. information: permitted to continue. No marine mammal stocks for which • Time, date, and location (latitude/ incidental take authorization is Negligible Impact Analysis and proposed are listed as threatened or longitude) of the incident; Determination • Name and type of vessel involved endangered under the ESA or (if applicable); NMFS has defined negligible impact determined to be strategic or depleted • Vessel’s speed during and leading as ‘‘an impact resulting from the under the MMPA. No injuries or up to the incident (if applicable); specified activity that cannot be mortalities are anticipated to occur as a • Description of the incident; reasonably expected to, and is not result of Chevron’s impact pile driving • Status of all sound source used in reasonably likely to, adversely affect the activities. The relatively low marine the 24 hours preceding the incident; species or stock through effects on mammal density and small shutdown • Water depth; annual rates of recruitment or survival’’ zones make injury takes of marine • Environmental conditions (e.g., (50 CFR 216.103). A negligible impact mammals unlikely. In addition, the wind speed and direction, Beaufort sea finding is based on the lack of likely Level A exclusion zones would be state, cloud cover, and visibility); adverse effects on annual rates of thoroughly monitored before the • Description of all marine mammal recruitment or survival (i.e., population- proposed impact pile driving occurs and observations in the 24 hours preceding level effects). An estimate of the number driving activities would be would be the incident; of takes, alone, is not enough postponed if a marine mammal is • Species identification or information on which to base an impact sighted entering the exclusion zones. description of the animal(s) involved; determination. In addition to The likelihood that marine mammals • Fate of the animal(s); and considering the authorized number of will be detected by trained observers is • Photographs or video footage of the marine mammals that might be ‘‘taken’’ high under the environmental animal(s) (if equipment is available). through harassment, NMFS considers conditions described for the proposed Activities would not resume until other factors, such as the likely nature project. The employment of the soft- NMFS is able to review the of any responses (e.g., intensity, start mitigation measure would also circumstances of the prohibited take. duration), the context of any responses allow marine mammal in or near the NMFS would work with Chevron to (e.g., critical reproductive time or ZOI or exclusion zone to move away determine necessary actions to location, migration, etc.), as well as from the impact driving sound source. minimize the likelihood of further effects on habitat, the status of the Therefore, the proposed mitigation and prohibited take and ensure MMPA affected stocks, and the likely monitoring measures are expected to compliance. Chevron would not be able effectiveness of the mitigation. eliminate the potential for injury and to resume their activities until notified Consistent with the 1989 preamble for reduce the amount and intensity of by NMFS via letter, email, or telephone. NMFS’s implementing regulations (54 behavioral harassment. Furthermore, the In the event that Chevron discovers an FR 40338; September 29, 1989), the pile driving activities analyzed here are injured or dead marine mammal, and impacts from other past and ongoing similar to, or less impactful than, the lead MMO determines that the cause anthropogenic activities are numerous construction activities of the injury or death is unknown and incorporated into these analyses via conducted in other similar locations the death is relatively recent (i.e., in less their impacts on the environmental which have taken place with no than a moderate state of decomposition baseline (e.g., as reflected in the reported injuries or mortality to marine as described in the next paragraph), regulatory status of the species, mammals, and no known long-term Chevron would immediately report the population size and growth rate where adverse consequences from behavioral incident to the Office of Protected known, ongoing sources of human- harassment. Resources, NMFS, and the West Coast caused mortality, or ambient noise The takes that are anticipated and Regional Stranding Coordinator. The levels). authorized are expected to be limited to report would include the same To avoid repetition, this introductory short-term Level B harassment information identified in the section discussion of our analyses applies to all (behavioral and TTS) as only eight piles above. Activities would be able to the species listed in Table 7 given that will be driven over 4 days with each continue while NMFS reviews the the anticipated effects of Chevron’s pile requiring approximately 20 minutes circumstances of the incident. NMFS construction activities involving impact of driving time. Marine mammals

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present near the action area and taken because of the short duration of the and their habitat, and taking into by Level B harassment would most activities and the relatively small area of consideration the implementation of the likely show overt brief disturbance (e.g. affected habitat, the impacts to marine proposed monitoring and mitigation startle reaction) and avoidance of the mammal habitat are not expected to measures, NMFS preliminarily finds area from elevated noise level during cause significant or long-term negative that the total marine mammal take from pile driving. A few marine mammals consequences. the proposed activity will have a could experience TTS if they move into In summary, this negligible impact negligible impact on all affected marine the Level B ZOI. However, TTS is a analysis is founded on the following mammal species or stocks. temporary loss of hearing sensitivity factors: (1) The possibility of non- when exposed to loud sound, and the auditory injury, serious injury, or Small Numbers mortality may reasonably be considered hearing threshold is expected to recover As noted above, only small numbers discountable; (2) the anticipated completely within minutes to hours. of incidental take may be authorized Therefore, it is not considered an injury. incidents of Level B harassment consist under Section 101(a)(5)(D) of the MMPA Repeated exposures of individuals to of, at worst, TTS or temporary for specified activities other than levels of sound that may cause Level B modifications in behavior; (3) the short military readiness activities. The MMPA harassment are unlikely to significantly duration of in-water construction does not define small numbers and so, disrupt foraging behavior. Thus, even activities (4 days, 160 minutes total in practice, NMFS compares the number repeated Level B harassment of some driving time); (4) limited spatial impacts of individuals taken to the most small subset of the overall stock is to marine mammal habitat; and (5) the appropriate estimation of the relevant unlikely to result in any significant presumed efficacy of the proposed species or stock size in our realized decrease in fitness for the mitigation measures in reducing the determination of whether an affected individuals, and thus would effects of the specified activity to the not result in any adverse impact to the level of least practicable impact. In authorization is limited to small stock as a whole. combination, we believe that these numbers of marine mammals. The proposed project is not expected factors, as well as the available body of The numbers of animals authorized to to have significant adverse effects on evidence from other similar activities, be taken would be considered small affected marine mammals’ habitat. demonstrate that the potential effects of relative to the relevant stocks or While EFH for several species does exist the specified activity will have only populations (<0.01 percent for both in the proposed project area, the short-term effects on individuals. The species as shown in Table 7) even if proposed activities would not specified activity is not expected to each estimated taking occurred to a new permanently modify existing marine impact rates of recruitment or survival individual. However, the likelihood that mammal habitat. The activities may and will therefore not result in each take would occur to a new cause fish to leave the area temporarily. population-level impacts. individual is extremely low. Further, This could impact marine mammals’ Based on the analysis contained these takes are likely to occur only foraging opportunities in a limited herein of the likely effects of the within some small portion of the overall portion of the foraging range; but, specified activity on marine mammals regional stock.

TABLE 7—POPULATION ABUNDANCE ESTIMATES, TOTAL PROPOSED LEVEL B TAKE, AND PERCENTAGE OF POPULATION THAT MAY BE TAKEN FOR THE POTENTIALLY AFFECTED SPECIES DURING THE PROPOSED PROJECT

Percentage Species Abundance * Total proposed of stock or Level B take population

Harbor seal ...... 30,9681 24 <0.01 California sea lion (U.S. Stock) ...... 296,750 2 <0.01 * Abundance estimates are taken from the 2015 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al., 2016). 1 California stock abundance estimate

Based on the analysis contained such species or stocks for taking for the issuance of the proposed IHA is herein of the proposed activity subsistence purposes. consistent with categories of activities (including the proposed mitigation and Endangered Species Act (ESA) identified in CE B4 of the Companion monitoring measures) and the Manual for NAO 216–6A and we have anticipated take of marine mammals, Issuance of an MMPA authorization not identified any extraordinary NMFS preliminarily finds that small requires compliance with the ESA. No circumstances listed in Chapter 4 of the numbers of marine mammals will be incidental take of ESA-listed species is Companion Manual for NAO 216–6A taken relative to the population size of proposed for authorization or expected that would preclude this categorical the affected species or stocks. to result from this activity. Therefore, exclusion. If, at the close of the public NMFS has determined that consultation comment period, NMFS has not Unmitigable Adverse Impact Analysis under section 7 of the ESA is not received comments or information and Determination required for this action. contradictory to our initial CE There are no relevant subsistence uses National Environmental Policy Act determination, we will prepare a CE of the affected marine mammal stocks or (NEPA) memorandum for the record. species implicated by this action. Issuance of an MMPA authorization Proposed Authorization Therefore, NMFS has determined that requires compliance with NEPA. NMFS the total taking of affected species or will pursue categorical exclusion (CE) As a result of these preliminary stocks would not have an unmitigable status under NEPA for this action. As determinations, NMFS proposes to issue adverse impact on the availability of such, we have preliminary determined an IHA to Chevron for conducting

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impact pile driving at the MWEP in San (d) The shutdown zone and ZOI shall marine mammal monitoring, or 60 days Francisco Bay. This section contains a be monitored throughout the time prior to the issuance of any subsequent draft of the IHA itself. The wording required to install a pile. If a harbor seal IHA for this project (if required), contained in this section is proposed for or California sea lion is observed whichever comes first. inclusion in the IHA (if issued). entering the ZOI, a Level B exposure (a) Visual Marine Mammal 1. This Incidental Harassment shall be recorded and behaviors Monitoring and Observation. Authorization (IHA) is valid from documented. That pile segment shall be (i) At least two individuals meeting January 1, 2018 through December 31, completed without cessation, unless the the minimum qualifications below shall 2018. animal approaches the shutdown zone. monitor the shutdown zones and Level 2. This Authorization is valid only for Pile installation shall be halted B harassment zone from best practicable in-water construction work associated immediately before the animal enters vantage points during impact pile with the Chevron Long Wharf the Level A zone. driving, Maintenance and Efficiency Project. (e) If any marine mammal species (ii) Requirements when choosing 3. General Conditions. other than those listed in condition 3(b) MMOs as follows: (a) A copy of this IHA must be in the enters or approaches the ZOI zone all a. Independent observers (i.e., not possession of Chevron, its designees, activities shall be shut down until the construction personnel) are required. and work crew personnel operating animal is seen leaving the ZOI or it has b. At least one observer must have under the authority of this IHA. not been seen in the shutdown zone for prior experience working as an observer. (b) The species authorized for taking 30 minutes for cetaceans and 15 c. Other observers may substitute by Level B harassment include Pacific minutes for pinnipeds. education (undergraduate degree in harbor seal (Phoca vitulina) and (f) Use of Ramp Up/Soft Start. biological science or related field) or California sea lion (Zalophus (i) The project shall utilize soft start training for experience. californianus). Table 1 shows the techniques for all impact pile driving. d. Ability to conduct field number of takes permitted for each We require Chevron to implement an observations and collect data according species. initial set of three strikes would be to assigned protocols made by the hammer at reduced energy, e. Experience or training in the field TABLE 8—TOTAL PROPOSED LEVEL B followed by a 30-second waiting period, identification of marine mammals, TAKES then two subsequent three- strike sets. including the identification of (ii) Soft start shall be required at the behaviors. Total proposed beginning of each day’s impact pile f. Sufficient training, orientation, or Species Level B takes driving work and at any time following experience with the construction a cessation of pile driving of 30 minutes operation to provide for personal safety Harbor seal ...... 24 or longer. during observations. California sea lion ...... 2 (iii) If a marine mammal is present g. Writing skills sufficient to prepare within a shutdown zone, ramping up a report of observations including but (c) The taking, by Level B harassment shall be delayed until the animal(s) not limited to the number and species only, is limited to the species listed in leaves the relevant shutdown zone. of marine mammals observed; dates and condition 3(b). See Table 1 above. Activity shall begin only after the MMO times when in-water construction (d) The taking by injury (Level A has determined, through sighting, that activities were conducted; dates and harassment), serious injury, or death of the animal(s) has moved outside the times when in-water construction any of the species listed in condition relevant shutdown zone or it has not activities were suspended to avoid 3(b) or any taking of any other species been seen in the shutdown zone for 30 potential incidental injury from of marine mammal is prohibited and minutes for cetaceans and 15 minutes construction sound of marine mammals may result in the modification, for pinnipeds. observed within a defined shutdown suspension, or revocation of this IHA. (iv) If species listed in 3(b) is present zone; and marine mammal behavior. (e) Chevron shall conduct briefings in the Level B harassment zone, h. Ability to communicate orally, by between construction supervisors and ramping up shall begin and a Level B radio or in person, with project crews, marine mammal monitoring take shall be documented. Ramping up personnel to provide real-time team, and staff prior to the start of all shall occur when these species are in information on marine mammals in-water pile driving, and when new the Level B harassment zone whether observed in the area as necessary. personnel join the work. they entered the Level B zone from the i. Chevron shall submit observer CVs 4. Mitigation Measures. Level A zone, or from outside the for NMFS approval. The holder of this Authorization is project area. (iii) If the exclusion zone is obscured required to implement the following (g) Pile caps or cushions shall be used by fog or poor lighting conditions, pile mitigation measures: during all impact pile-driving activities. driving shall not be initiated until the (a) Time Restrictions: For all in-water (h) For in-water heavy machinery exclusion zone is clearly visible. Should pile driving activities, Chevron shall work other than pile driving (e.g., such conditions arise while impact operate only during daylight hours. standard barges, tug boats, barge- driving is underway, the activity shall (b) Establishment of Shutdown zone: mounted excavators, or clamshell be halted. For all pile driving activities, Chevron equipment used to place or remove (iv) At the end of the pile-driving day, shall establish shutdown zones of 50 m material), if a marine mammal comes post-construction monitoring will be for harbor porpoises and gray whales within 10 meters, operations shall cease conducted for 30 minutes beyond the and 15 m for harbor seals and California and vessels shall reduce speed to the cessation of pile driving sea lions. minimum level required to maintain (b) Data Collection. (c) Establishment of Level B steerage and safe working conditions. (i) Observers are required to use harassment zone (ZOI): For all pile 5. Monitoring and Reporting. approved data forms. Among other driving activities, Chevron shall The holder of this Authorization is pieces of information, Chevron shall establish a ZOI of 50 m for species listed required to submit a report to NMFS record detailed information about any in 3(b). within 90 days of the completion of implementation of shutdowns,

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including the distance of animals to the k. Photographs or video footage of the final decision on Chevron’s request for pile and description of specific actions animal(s) (if equipment is available). an MMPA authorization. that ensued and resulting behavior of Activities would not resume until Dated: March 17, 2017. NMFS is able to review the the animal, if any. In addition, Chevron Donna S. Wieting, shall attempt to distinguish between the circumstances of the prohibited take. NMFS would work with Chevron to Director, Office of Protected Resources, number of individual animals taken and National Marine Fisheries Service. the number of incidents of take. At a determine what is necessary to minimum, the following information minimize the likelihood of further [FR Doc. 2017–05843 Filed 3–23–17; 8:45 am] shall be collected on the sighting forms: prohibited take and ensure MMPA BILLING CODE 3510–22–P a. Date and time that monitored compliance. Chevron would not be able to resume their activities until notified activity begins or ends; DEPARTMENT OF COMMERCE b. Weather parameters (e.g., percent by NMFS via letter, email, or telephone. cloud cover, percent glare, visibility) (ii) In the event that Chevron National Oceanic and Atmospheric discovers an injured or dead marine and Beaufort sea state. Administration c. Species, numbers, and, if possible, mammal, and the lead MMO determines sex and age class of observed marine that the cause of the injury or death is Membership Solicitation for mammals; unknown and the death is relatively Hydrographic Services Review Panel d. Construction activities occurring recent (i.e., in less than a moderate state during each sighting; of decomposition as described in the AGENCY: National Ocean Service, e. Marine mammal behavior patterns next paragraph), Chevron would National Oceanic and Atmospheric observed, including bearing and immediately report the incident to the Administration (NOAA), Commerce. direction of travel; Office of Protected Resources, NMFS, ACTION: Notice. f. Specific focus should be paid to and the West Coast Regional Stranding behavioral reactions just prior to, or Coordinator. The report would include SUMMARY: In accordance with the during, soft-start and shutdown the same information identified in the Hydrographic Service Improvements procedures; paragraph above. Activities would be Act Amendments of 2002, the g. Location of marine mammal, able to continue while NMFS reviews Administrator of the National Oceanic distance from observer to the marine the circumstances of the incident. and Atmospheric Administration mammal, and distance from pile driving NMFS would work with Chevron to (NOAA) is required to solicit activities to marine mammals; determine whether modifications in the nominations for membership at least h. Record of whether an observation activities are appropriate. once a year for the Hydrographic required the implementation of (iii) In the event that Chevron Services Review Panel (HSRP). The mitigation measures, including discovers an injured or dead marine NOAA Administrator seeks and shutdown procedures and the duration mammal, and the lead MMO determines encourages individuals with expertise of each shutdown; and that the injury or death is not associated in marine navigation and technology, i. Other human activity in the area. with or related to the activities port administration, marine shipping or (c) Reporting Measures. authorized in the IHA (e.g., previously other intermodal transportation (i) In the unanticipated event that the wounded animal, carcass with moderate industries, cartography and geographic specified activity clearly causes the take to advanced decomposition, or information systems, geodesy, physical of a marine mammal in a manner scavenger damage), Chevron would oceanography, coastal resource prohibited by the IHA, such as an injury report the incident to the Office of management, including coastal (Level A harassment), serious injury or Protected Resources, NMFS, and the preparedness and emergency response, mortality (e.g., ship-strike, gear West Coast Regional Coordinator, and other related fields. interaction, and/or entanglement), within 24 hours of the discovery. DATES: Nominations are sought to fill Chevron would immediately cease the Chevron would provide photographs or five vacancies that occur on January 1, specified activities and immediately video footage (if available) or other 2018. Nominations should be submitted report the incident to the Office of documentation of the stranded animal by no later than May 30, 2017. Protected Resources, NMFS, and the sighting to NMFS and the Marine Nominations will be accepted and kept West Coast Regional Stranding Mammal Stranding Network. on file on an ongoing basis regardless of Coordinator. The report would include 6. This Authorization may be date submitted for use with current and the following information: modified, suspended or withdrawn if future vacancies. HSRP maintains a pool a. Time, date, and location (latitude/ the holder fails to abide by the of candidates and advertises once a year longitude) of the incident; conditions prescribed herein, or if to fulfill the HSIA requirements on b. Name and type of vessel involved; NMFS determines the authorized taking membership solicitation. Current c. Vessel’s speed during and leading is having more than a negligible impact members who may be eligible for a up to the incident; on the species or stock of affected second term must reapply. d. Description of the incident; marine mammals. ADDRESSES: Nominations will be e. Status of all sound source use in the Request for Public Comments accepted by email and should be sent to: 24 hours preceding the incident; [email protected] and f. Water depth; NMFS requests comment on our [email protected]. You will g. Environmental conditions (e.g., analysis, the draft authorization, and receive a confirmation response. wind speed and direction, Beaufort sea any other aspect of the Notice of state, cloud cover, and visibility); Proposed IHA for impact pile driving FOR FURTHER INFORMATION CONTACT: h. Description of all marine mammal associated with Chevron’s Long Wharf Lynne Mersfelder-Lewis, NOAA observations in the 24 hours preceding Maintenance and Efficiency Project Telephone: 301–713–2750 x166. the incident; from January 1, 2018 through December SUPPLEMENTARY INFORMATION: The i. Species identification or description 31, 2018. Please include with your HSRP, a Federal advisory committee, of the animal(s) involved; comments any supporting data or advises the Administrator on matters j. Fate of the animal(s); and literature citations to help inform our related to the responsibilities and

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