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activities in the vicinity of the North monitoring measures, remain proposed action (i.e., the modification Atlantic right whale Mid-Atlantic SMA unchanged from those stated in the of an IHA) with respect to potential near Norfolk and the mouth of the initial IHA, notwithstanding the impacts on the human environment. Chesapeake Bay. Activities conducted increase to the authorized amount of This action is consistent with prior to May 1 must comply with the spotted dolphin take. Specifically, the categories of activities identified in seasonal mandatory speed restriction Level B harassment authorized for Categorical Exclusion B4 (IHAs with no period for this SMA (November 1 spotted dolphins is expected to be of anticipated serious injury or mortality) through April 30) for any survey work low severity, predominantly in the form of the Companion Manual for NOAA or transit within this area. of avoidance of the sound source and Administrative Order 216–6A, which do Throughout all phases of the survey potential occasional interruption of not individually or cumulatively have activities, Dominion must monitor foraging. With approximately 120 the potential for significant impacts on NOAA Fisheries North Atlantic right survey days remaining, NMFS has the quality of the human environment whale reporting systems for the increased authorized spotted dolphin and for which we have not identified establishment of a DMA. If NMFS take by Level B harassment to 2,427. any extraordinary circumstances that establishes a DMA in the Lease Area or Even in consideration of the increased would preclude this categorical cable route corridor being surveyed, estimated numbers of take by Level B exclusion. Accordingly, NMFS has within 24 hours of the establishment of harassment, the impacts of these lower determined that the issuance of the the DMA, Dominion is required to work severity exposures are not expected to modified IHA qualifies to be with NMFS to shut down and/or alter accrue to the degree that the fitness of categorically excluded from further activities to avoid the DMA. any individuals is impacted, and, NEPA review. Training—Project-specific training is therefore no impacts on annual rates of Authorization required for all vessel crew prior to the recruitment or survival will result. start of survey activities. Confirmation Further, and separately, the authorized NMFS has issued a modified IHA to of the training and understanding of the take amount of spotted dolphin would Dominion for conducting marine site requirements must be documented on a be of small numbers of spotted dolphins characterization surveys in the areas of training course log sheet. Signing the log relative to the population size (less than the Commercial Lease of Submerged sheet will certify that the crew members 5 percent), as take that is less than one Lands for Renewable Energy understand and will comply with the third of the species or stock abundance Development on the Outer Continental necessary requirements throughout the is considered by NMFS to be small Shelf Offshore Virginia (Lease No. OCS– survey activities. numbers. In conclusion, there is no new A–0483) as well as in coastal waters Reporting—PSOs must record specific information suggesting that our effects where an export cable corridor will be information on the sighting forms as analysis or negligible impact finding for established in support of the CVOW described in the Federal Register notice Atlantic spotted dolphins should Commercial Project effective from the of the issuance of the initial IHA (85 FR change. date of issuance until August 27, 2021. 55415; September 8, 2020). Within 90 Based on the information contained Dated: December 14, 2020. days after completion of survey here and in the referenced documents, Donna S. Wieting, activities, Dominion must provide NMFS has reaffirmed the following: (1) Director, Office of Protected Resources, NMFS with a monitoring report which The required mitigation measures will National Marine Fisheries Service. includes summaries of recorded takes effect the least practicable impact on [FR Doc. 2020–27761 Filed 12–16–20; 8:45 am] and estimates of the number of marine marine mammal species or stocks and mammals that may have been harassed. their habitat; (2) the authorized takes BILLING CODE 3510–22–P In the event of a ship strike or will have a negligible impact on the discovery of an injured or dead marine affected marine mammal species or DEPARTMENT OF COMMERCE mammal, Dominion must report the stocks; (3) the authorized takes incident to the Office of Protected represent small numbers of marine National Oceanic and Atmospheric Resources, NMFS and to the New mammals relative to the affected stock Administration England/Mid-Atlantic Regional abundances; (4) Dominion’s activities [RTID 0648–XA694] Stranding Coordinator as soon as will not have an unmitigable adverse feasible. The report must include the impact on taking for subsistence Takes of Marine Mammals Incidental information listed in the Federal purposes as no relevant subsistence uses To Specified Activities; Taking Marine Register notice of the issuance of the of marine mammals are implicated by Mammals Incidental to Washington initial IHA (85 FR 55415; September 8, this action, and (5) appropriate State Department of Transportation 2020). monitoring and reporting requirements Purdy Bridge Rehabilitation Project, Based on our evaluation of the are included. Pierce County, WA applicant’s measures in consideration of the increased estimated take for spotted Endangered Species Act (ESA) AGENCY: National Marine Fisheries dolphins, NMFS has re-affirmed the No incidental take of ESA-listed Service (NMFS), National Oceanic and determination that the required species is authorized or expected to Atmospheric Administration (NOAA), mitigation measures provide the means result from this activity. Therefore, Commerce. effecting the least practicable impact on NMFS has determined that formal ACTION: Notice; proposed incidental spotted dolphins and their habitat. consultation under section 7 of the ESA harassment authorization; request for is not required for this action. Determinations comments on proposed authorization and possible renewal. Dominion’s HRG survey activities and National Environmental Policy Act the mitigation, monitoring, and To comply with the National SUMMARY: NMFS has received a request reporting requirements are unchanged Environmental Policy Act of 1969 from the Washington State Department from those covered in the initial IHA. (NEPA; 42 U.S.C. 4321 et seq.) and of Transportation (WADOT) for The effects of the activity, taking into NOAA Administrative Order (NAO) authorization to take marine mammals consideration the mitigation and related 216–6A, NMFS must review our incidental to the Purdy Bridge

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Rehabilitation Project in Pierce County, Background to be categorically excluded from WA. Pursuant to the Marine Mammal further NEPA review. Protection Act (MMPA), NMFS is The MMPA prohibits the ‘‘take’’ of We will review all comments requesting comments on its proposal to marine mammals, with certain submitted in response to this notice issue an incidental harassment exceptions. Sections 101(a)(5)(A) and prior to concluding our NEPA process authorization (IHA) to incidentally take (D) of the MMPA (16 U.S.C. 1361 et or making a final decision on the IHA marine mammals during the specified seq.) direct the Secretary of Commerce request. (as delegated to NMFS) to allow, upon activities. NMFS is also requesting Summary of Request comments on a possible one-year request, the incidental, but not renewal that could be issued under intentional, taking of small numbers of On July 27, 2020, NMFS received an certain circumstances and if all marine mammals by U.S. citizens who application from WADOT requesting an requirements are met, as described in engage in a specified activity (other than IHA to take small numbers of six species Request for Public Comments at the end commercial fishing) within a specified of marine mammals incidental to pile of this notice. NMFS will consider geographical region if certain findings driving and removal associated with the public comments prior to making any are made and either regulations are Purdy Bridge Rehabilitation Project. The final decision on the issuance of the issued or, if the taking is limited to application was deemed adequate and requested MMPA authorizations and harassment, a notice of a proposed complete on December 1, 2020. agency responses will be summarized in incidental take authorization may be WADOT’s request is for take of a small the final notice of our decision. provided to the public for review. number of each species by Level B Authorization for incidental takings harassment. Neither WADOT nor NMFS DATES: Comments and information must shall be granted if NMFS finds that the expects serious injury or mortality to be received no later than January 19, taking will have a negligible impact on result from this activity and, therefore, 2021. the species or stock(s) and will not have an IHA is appropriate. ADDRESSES: Comments should be an unmitigable adverse impact on the Description of Proposed Activity availability of the species or stock(s) for addressed to Jolie Harrison, Chief, Overview Permits and Conservation Division, taking for subsistence uses (where Office of Protected Resources, National relevant). Further, NMFS must prescribe The purpose of the project is to Marine Fisheries Service. Electronic the permissible methods of taking and rehabilitate the two in-water support comments should be sent to other ‘‘means of effecting the least piers of the State Route 302 Purdy [email protected]. practicable adverse impact’’ on the Bridge by removing the top 3 inches (7.5 affected species or stocks and their centimeter (cm)) of decaying concrete Instructions: NMFS is not responsible habitat, paying particular attention to on each support pier and replacing with for comments sent by any other method, rookeries, mating grounds, and areas of fiberglass reinforced concrete. Twenty to any other address or individual, or similar significance, and on the steel H piles and 44 sheetpiles will be received after the end of the comment availability of the species or stocks for driven to create a caisson-like period. Comments received taking for certain subsistence uses dewatered structures around the bridge electronically, including all (referred to in shorthand as piers to allow the work to be completed. attachments, must not exceed a 25- ‘‘mitigation’’); and requirements Once the work on the piers is completed megabyte file size. Attachments to pertaining to the mitigation, monitoring the piles will be removed. A needle gun electronic comments will be accepted in and reporting of the takings are set forth. will be used to remove 3 inches (7.5 cm) Microsoft Word or Excel or Adobe PDF The definitions of all applicable of decayed concrete from the two in- file formats only. All comments water bridge piers. Pile driving/removal received are a part of the public record MMPA statutory terms cited above are included in the relevant sections below. and concrete removal is expected to take and will generally be posted online at no more than 20 days. Pile driving/ https://www.fisheries.noaa.gov/permit/ National Environmental Policy Act removal would be by vibratory pile incidental-take-authorizations-under- To comply with the National driving. marine-mammal-protection-act without The pile driving/removal can result in change. All personal identifying Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and take of marine mammals from sound in information (e.g., name, address) the water which results in behavioral voluntarily submitted by the commenter NOAA Administrative Order (NAO) 216–6A, NMFS must review our harassment or auditory injury. Needle may be publicly accessible. Do not gun scraping from sound in the air may submit confidential business proposed action (i.e., the issuance of an IHA) with respect to potential impacts result in behavioral harassment of information or otherwise sensitive or pinnipeds. protected information. on the human environment. This action is consistent with Dates and Duration FOR FURTHER INFORMATION CONTACT: categories of activities identified in The work described here is scheduled Dwayne Meadows, Ph.D., Office of Categorical Exclusion B4 (IHAs with no Protected Resources, NMFS, (301) 427– for July 16, 2021 through February 15, anticipated serious injury or mortality) 2022 as it is limited to this work 8401. Electronic copies of the of the Companion Manual for NOAA application and supporting documents, window because of restrictions to Administrative Order 216–6A, which do protect ESA-listed salmonids. In-water as well as a list of the references cited not individually or cumulatively have in this document, may be obtained activities will occur during daylight the potential for significant impacts on hours only. online at: https:// the quality of the human environment www.fisheries.noaa.gov/permit/ and for which we have not identified Specific Geographic Region incidental-take-authorizations-under- any extraordinary circumstances that The activities would occur in marine-mammal-protection-act. In case would preclude this categorical Henderson Bay, a small isolated bat of of problems accessing these documents, exclusion. Accordingly, NMFS has south Puget Sound near the please call the contact listed above. preliminarily determined that the unincorporated community of Purdy, SUPPLEMENTARY INFORMATION: issuance of the proposed IHA qualifies WA, north of the city of Gig Harbor, WA

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(Figure 1). The Bay is oriented basically (MLLW) to intertidal. Water depths near two piers are 190 feet apart and north-south with the Purdy Bridge the bridge vary from exposed substrate seriously decayed. The purpose of the spanning the bay where a sand spit at low tides to 5 m (15 ft) at high tide. project is to rehabilitate the two in- narrows the width of the bay near its The substrate in the area is gravels in a water support piers by removing the top northern limit. North of the bridge is the sand matrix which do not require 3 inches (7.5 cm) of decaying concrete Burley Lagoon, a 1.45 square kilometer impact pile driving. on each support pier and replacing with (km2) (0.56 square miles (mi2)) shallow Detailed Description of Specific Activity fiberglass reinforced concrete. Twenty water lagoon with significant acreage steel H piles and 44 sheetpiles will be Purdy Bridge is a continuous hollow- used for commercial shellfishing. The box girder bridge that is 170 m (550 ft) driven with a vibratory hammer to width of Henderson Bay ranges from 0.3 long and was built in 1937. It is two create a caisson-like dewatered to 5.8 kilometer (km) (0.2 to 3.6 miles lanes wide and supported by four piers, structures around the bridge piers to (mi)), and depths range from 23 meter two of which are in the water and will allow the work to be completed. (m) (74 feet (ft)) Mean Lower Low Water be repaired as part of this project. These BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C wall to isolate the work area from the encapsulate the fiberglass Areas immediately surrounding the surrounding water. reinforcement. A pigmented sealer will pier footings will be excavated to expose Once these structures are in place, the then be applied to all surfaces of the the footings and provide a stable base rest of the containment system will be pier columns. Once the pier columns for any cofferdam system that may be installed prior to removing marine are repaired, the containment system required. The excavated area will be growth and preparing the piers for will be removed, including vibratory approximately 40 square m (430 square repair. The pier columns will then be pile removal to remove the H piles and ft) for each pier column, based on a 1.5 pressure washed to remove all existing sheetpiles. The earth removed around m (5 ft) pad around the pier footing. marine growth. Next, the exposed each column will be allowed to fill back Around each pier, 10 12-inch steel H concrete surface of each pier will be naturally as part of the tidal process. piles will be installed with a vibratory prepared by removing approximately 3 Pile driving/removal is expected to hammer. Additional H piles will then be inches (7.5 cm) of the concrete on all take no more than 14 days total; 9 days four sides of the columns with a needle to install the containment system at the tacked horizontally (not hammered) gun. Any potentially contaminated beginning of the project and 5 days for onto the vertical H piles above the water water from these procedures will be pile removal at the end (Table 1). level to create a flat supportive surface removed from the containment system Needle gun use will be for no more than template to align the sheet piles. Using and treated. Finally, the columns will be 4 hours per day over a maximum of 6 this template as a guide, 22 48-inch repaired with the placement of days. sheet piles will be driven with a corrosion resistant fiberglass The pile driving equipment will be vibratory hammer into the substrate reinforcement. Forms will be installed deployed and operated from barges, on immediately adjacent to each pier to and approximately 6 inches (15 cm) of water. Materials will be delivered on form a temporary interlocked sheet pile concrete or grout will be placed to barges.

TABLE 1—SUMMARY OF PILE DRIVING ACTIVITIES

Number Minutes Piles Duration Method Pile type of piles per pile per day (days)

Vibratory Driving ...... Sheet ...... 44 30 8 6 Vibratory Driving ...... H pile ...... 20 30 8 3 Vibratory Removal ...... Sheet ...... 44 15 16 3 Vibratory Removal ...... H pile ...... 20 15 16 2

Proposed mitigation, monitoring, and (e.g., physical and behavioral or authorized here, PBR and annual reporting measures are described in descriptions) may be found on NMFS’s serious injury and mortality from detail later in this document (please see website (https://www.fisheries.noaa. anthropogenic sources are included here Proposed Mitigation and Proposed gov/find-species). as gross indicators of the status of the Monitoring and Reporting). Table 2 lists all species with expected species and other threats. potential for occurrence in the project Marine mammal abundance estimates Description of Marine Mammals in the area and summarizes information presented in this document represent Area of Specified Activities related to the population or stock, the total number of individuals that Sections 3 and 4 of the application including regulatory status under the make up a given stock or the total summarize available information MMPA and Endangered Species Act number estimated within a particular regarding status and trends, distribution (ESA) and potential biological removal study or survey area. NMFS’s stock and habitat preferences, and behavior (PBR), where known. For taxonomy, we abundance estimates for most species and life history, of the potentially follow Committee on Taxonomy (2020). represent the total estimate of affected species. Additional information PBR is defined by the MMPA as the individuals within the geographic area, regarding population trends and threats maximum number of animals, not if known, that comprises that stock. For may be found in NMFS’s Stock including natural mortalities, that may some species, this geographic area may Assessment Reports (SARs; https:// be removed from a marine mammal extend beyond U.S. waters. All managed www.fisheries.noaa.gov/national/ stock while allowing that stock to reach stocks in this region are assessed in marine-mammal-protection/marine- or maintain its optimum sustainable NMFS’s U.S. Pacific or Alaska SARs mammal-stock-assessments) and more population (as described in NMFS’s (e.g., Caretta et al., 2020; Muto et al., general information about these species SARs). While no mortality is anticipated 2020). TABLE 2—SPECIES THAT SPATIALLY CO-OCCUR WITH THE ACTIVITY TO THE DEGREE THAT TAKE IS REASONABLY LIKELY TO OCCUR

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray Whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -, -, N 26,960 (0.05, 25,849, 801 138 2016).

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TABLE 2—SPECIES THAT SPATIALLY CO-OCCUR WITH THE ACTIVITY TO THE DEGREE THAT TAKE IS REASONABLY LIKELY TO OCCUR—Continued

ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 strategic abundance survey) 2 (Y/N) 1

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

Family Delphinidae: Short-beaked Common Dol- Delphinus delphis ...... California/Oregon/Washington .. -, -, N 969,861 (0.17, 839,325, 8,393 >40 phin. 2014). Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Washington Inland Waters ...... -, -, N 11,233 (0.37, 8,308, 66 ≥7.2 2015).

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California Sea Lion ...... Zalophus californianus ...... United States ...... -, -, N 257,606 (N/A, 233,515, 14,011 >321 2014). Steller Sea Lion ...... Eumetopias jubatus ...... Eastern DPS ...... -, -, N 43,201a (see SAR, 2,592 112 43,201, 2017). Family Phocidae (earless seals): Harbor Seal ...... Phoca vitulina ...... Southern Puget Sound ...... -, -, N UNK (UNK, UNK, 1999) UND 3.4 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. UNK—Unknown, UND—Undetermined. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

Harbor seal, California sea lion, and spend the winter in their breeding and dolphins in the area near the project, Harbor porpoise spatially co-occur with calving areas off the coast of Baja mostly in 2016 and 2017 (TWM, 2020). the activity to the degree that take is California, Mexico. From mid-February Short-beaked common dolphins travel reasonably likely to occur, and we have to May, the Eastern North Pacific stock in large social pods and are generally proposed authorizing take of these of gray whales can be seen migrating associated with oceanic and offshore species. For gray whale, Steller sea lion, northward with newborn calves along waters, prey-rich ocean upwellings, and and short-beaked common dolphin, the west coast of the U.S. During these underwater landscape features such as occurrence is such that take is possible, migrations, gray whales will seamounts, continental shelves, and and we have proposed authorizing take occasionally enter rivers and bays oceanic ridges. They largely forage on of these species also. All species that (including Puget Sound) along the coast schooling fish and squid. Calving takes could potentially occur in the proposed but not in high numbers. place in winter months. Abundance of survey areas are included in WADOT’s An exception to this is a few hundred the CA/OR/WA stock short-beaked IHA application (see application, Table common dolphins has increased since 3–1). whales that summer and feed along the Pacific coast between Kodiak Island, large-scale surveys began in 1991. Transient killer whales (Orcinus orca) Alaska and northern California, referred Harbor Porpoise spatially co-occur with the activity to to as the ‘‘Pacific Coast Feeding Group’’. the degree that take is possible, while A subset of this group can often be Harbor porpoise occur along the US Southern Resident killer whales and found throughout Puget Sound west coast from southern California to humpback whales (Megaptera (Calambokidis et al., 2017). One the Bering Sea (Carretta et al., 2020). novaeangliae) are very rare visitors to They rarely occur in waters warmer individual was observed near the Purdy the area. Work will be shutdown if any than 62.6 degrees Fahrenheit (17 Bridge in June 2013 (TWM, 2020). of these species approach the Level B degrees Celsius; Read, 1990). The harassment zone, so take is not Short-Beaked Common Dolphin Washington Inland Waters stock is requested for these species and they are found from Cape Flattery throughout not further discussed. Northern Common dolphins occur in temperate Puget Sound and the Salish Sea region. elephant seals (Mirounga angustirostris) and tropical waters globally. They are In southern Puget Sound, harbor have been observed in Puget Sound but abundant off California but the porpoise were common in the 1940s, are not anticipated to occur in the distribution of short-beaked common but marine mammal surveys, stranding project area and no take of this species dolphins throughout the project region records since the early 1970s, and is anticipated or requested. is highly variable and generally rare, harbor porpoise surveys in the early apparently in response to oceanographic Gray Whale 1990’s indicated that harbor porpoise changes on both seasonal and abundance had declined in southern In the fall, gray whales migrate from interannual time scales (Heyning and Puget Sound (Carretta et al., 2020). their summer feeding grounds in the Perrin 1994; Forney 1997; Forney and Annual winter aerial surveys conducted North Pacific and Arctic, heading south Barlow 1998). The Whale Museum by the Washington Department of Fish along the coast of North America to database has some sightings of common and Wildlife from 1995 to 2015 revealed

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an increasing trend in harbor porpoise until the late spring (May) when most exhibit strong site fidelity within season in Washington inland waters, including return to breeding rookeries in and across years, generally forage close the return of harbor porpoise to Puget California and Mexico (Jeffries et al., to haulout sites, and repeatedly visit Sound (Carretta et al., 2020). Seasonal 2000). Peak counts of over 1,000 specific foraging areas (Grigg et al., surveys conducted in spring, summer, animals have been made in Puget Sound 2012; Suryan and Harvey, 1998; and fall 2013–2015 in Puget Sound and (Jeffries et al., 2000). The nearest Thompson et al., 1998). Harbor seals in Hood Canal documented substantial documented California sea lion haul out San Francisco Bay forage mainly within numbers of harbor porpoise in Puget site to the project site are on the Toliva 7 mi (10 km) of their primary haulout Sound. Observed porpoise numbers Shoals Buoys, approximately 26 km (16 site (Grigg et al., 2012), and often within were twice as high in spring as in fall water miles) to the south (Jeffries et al., just 1–3 mi (1–5 km; Torok, 1994). or summer, indicating a seasonal shift in 2000). This haul out typically is used by Depth, bottom relief, and prey distribution. less than 10 individuals at any one time. abundance also influence foraging In most areas, harbor porpoise occur location (Grigg et al., 2012). in small groups of just a few Steller Sea Lion Harbor seals molt from May through individuals. Harbor porpoise must Steller sea lions range along the North June. Peak numbers of harbor seals haul forage nearly continuously to meet their Pacific Rim from northern Japan to out during late May to early June, which high metabolic needs (Wisniewska et California, with centers of abundance coincides with the peak molt. During al., 2016). They consume up to 550 and distribution in the Gulf of Alaska both pupping and molting seasons, the small fish (1.2–3.9 inches [3–10 cm]; and Aleutian Islands. Large numbers of number of seals and the length of time e.g., anchovies) per hour at a nearly 90 individuals widely disperse when not hauled out per day increase, from an percent capture success rate breeding (late May to early July) to average of 7 hours per day to 10–12 (Wisniewska et al., 2016). access seasonally important prey hours (Harvey and Goley, 2011; Huber resources (Muto et al., 2019). They were et al., 2001; Stewart and Yochem, 1994). California Sea Lion listed as threatened range-wide under Harbor seals tend to forage at night California sea lions occur from the ESA on November 26, 1990 (55 FR and haul out during the day with a peak Vancouver Island, British Columbia, to 49204). Steller sea lions were in the afternoon between 1 p.m. and 4 the southern tip of Baja California. They subsequently partitioned into the p.m. (Grigg et al., 2012; London et al., breed on the offshore islands of western and eastern Distinct Population 2001; Stewart and Yochem, 1994; southern and central California from Segments (DPSs; western and eastern Yochem et al., 1987). Tide levels affect May through July (Heath and Perrin, stocks) in 1997 (62 FR 24345, May 5, the maximum number of seals hauled 2008). During the non-breeding season, 1997). The western DPS breeds on out, with the largest number of seals adult and subadult males and juveniles rookeries located west of 144° W in hauled out at low tide, but time of day migrate northward along the coast to Alaska and Russia, whereas the eastern and season have the greatest influence central and northern California, Oregon, DPS breeds on rookeries in southeast on haul out behavior (Manugian et al., Washington, and Vancouver Island Alaska through California. The eastern 2017; Patterson and Acevedo-Gutie´rrez, (Jefferson et al., 1993). They return DPS was delisted in 2013. 2008; Stewart and Yochem, 1994). south the following spring (Heath and The eastern DPS is the only The closest haulout to the project area Perrin 2008, Lowry and Forney, 2005). population of Steller’s sea lions thought is the Rosedale Beach floats located 5.8 Females and some juveniles tend to to occur in the project area. In km (3.6 miles) to the southwest, but not remain closer to rookeries (Antonelis et Washington waters, numbers decline in direct line-of-sight contact with the al., 1990; Melin et al., 2008). during the summer months, which project location (see application Figure Pupping occurs primarily on the correspond to the breeding season at 3–1). California Channel Islands from late Oregon and British Columbia rookeries Marine Mammal Hearing May until the end of June (Peterson and (approximately late May to early June) Bartholomew 1967). Weaning and and peak during the fall and winter Hearing is the most important sensory mating occur in late spring and summer months. Steller sea lion abundances modality for marine mammals during the peak upwelling period vary seasonally with a minimum underwater, and exposure to (Bograd et al., 2009). After the mating estimate of 1,000 to 2,000 individuals anthropogenic sound can have season, adult males migrate northward present or passing through the Strait of deleterious effects. To appropriately to feeding areas as far away as the Gulf Juan de Fuca in fall and winter months assess the potential effects of exposure of Alaska (Lowry et al., 1992), and they (Jeffries, et al. 2000). The nearest to sound, it is necessary to understand remain away until spring (March–May), documented haul out site is also on the the frequency ranges marine mammals when they migrate back. Adult females Toliva Shoals Buoys. are able to hear. Current data indicate generally remain south of Monterey Bay, that not all marine mammal species California throughout the year, feeding Harbor Seal have equal hearing capabilities (e.g., in coastal waters in the summer and Harbor seals are found from Baja Richardson et al., 1995; Wartzok and offshore waters in the winter, California to the eastern Aleutian Ketten, 1999; Au and Hastings, 2008). alternating between foraging and Islands of Alaska (Harvey and Goley, To reflect this, Southall et al. (2007) nursing their pups on shore until the 2011). The animals in the project area recommended that marine mammals be next pupping/breeding season (Melin are part of the Southern Puget Sound divided into functional hearing groups and DeLong, 2000; Melin et al., 2008). stock. Harbor seals are the most based on directly measured or estimated California sea lions regularly occur on common marine mammal species hearing ranges on the basis of available rocks, buoys and other structures. observed in the project area and are the behavioral response data, audiograms Occurrence in the project area is only one that breeds and remains in the derived using auditory evoked potential expected to be common. Some 3,000 to inland marine waters of Washington techniques, anatomical modeling, and 5,000 animals are estimated to move year-round (Calambokidis and Baird, other data. Note that no direct into Pacific Northwest waters of 1994). measurements of hearing ability have Washington and British Columbia Harbor seals are central-place foragers been successfully completed for during the fall (September) and remain (Orians and Pearson, 1979) and tend to mysticetes (i.e., low-frequency

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cetaceans). Subsequently, NMFS (2018) (dB) threshold from the normalized implausible and the lower bound from described generalized hearing ranges for composite audiograms, with the Southall et al. (2007) retained. Marine these marine mammal hearing groups. exception for lower limits for low- mammal hearing groups and their Generalized hearing ranges were chosen frequency cetaceans where the lower associated hearing ranges are provided based on the approximately 65 decibel bound was deemed to be biologically in Table 3.

TABLE 3—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Hearing group Generalized hearing 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 275 Hz to 160 kHz. cruciger & 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).

The pinniped functional hearing potential to result in Level A or Level (Richardson et al., 1995). The result is group was modified from Southall et al. B harassment of marine mammals in the that, depending on the source type and (2007) on the basis of data indicating action area. The effects of in-air noise its intensity, sound from the specified that phocid species have consistently from WADOT’s proposed needle gun activity may be a negligible addition to demonstrated an extended frequency use have the potential to result in Level the local environment or could form a range of hearing compared to otariids, B harassment of pinnipeds in the action distinctive signal that may affect marine especially in the higher frequency range area. mammals. (Hemila¨ et al., 2006; Kastelein et al., Description of Sound Sources Construction activities associated 2009; Reichmuth and Holt, 2013). with the project would include For more detail concerning these The marine soundscape is comprised vibratory pile driving, vibratory pile groups and associated frequency ranges, of both ambient and anthropogenic removal and needle guns. The sounds please see NMFS (2018) for a review of sounds. Ambient sound is defined as produced by these activities fall into available information. Gray whales are the all-encompassing sound in a given one of two general sound types: low frequency cetaceans, short-beaked place and is usually a composite of impulsive and non-impulsive. common dolphins are mid-frequency sound from many sources both near and Impulsive sounds (e.g., explosions, cetaceans, harbor porpoises are far (ANSI 1995). The sound level of an gunshots, sonic booms, impact pile classified as high-frequency cetaceans, area is defined by the total acoustical driving) are typically transient, brief Harbor seals are in the phocid group, energy being generated by known and (less than 1 second), broadband, and and Steller sea lions and California sea unknown sources. These sources may consist of high peak sound pressure lions are otariids. include physical (e.g., waves, wind, with rapid rise time and rapid decay Potential Effects of Specified Activities precipitation, earthquakes, ice, (ANSI, 1986; NIOSH, 1998; ANSI, 2005; on Marine Mammals and Their Habitat atmospheric sound), biological (e.g., NMFS, 2018). Non-impulsive sounds sounds produced by marine mammals, This section includes a summary and (e.g., machinery operations such as discussion of the ways that components fish, and invertebrates), and drilling or dredging, vibratory pile of the specified activity may impact anthropogenic sound (e.g., vessels, driving, needle guns, and active sonar marine mammals and their habitat. The dredging, aircraft, construction). systems) can be broadband, narrowband Estimated Take section later in this The sum of the various natural and or tonal, brief or prolonged (continuous document includes a quantitative anthropogenic sound sources at any or intermittent), and typically do not analysis of the number of individuals given location and time—which have the high peak sound pressure with that are expected to be taken by this comprise ‘‘ambient’’ or ‘‘background’’ raid rise/decay time that impulsive activity. The Negligible Impact Analysis sound—depends not only on the source sounds do (ANSI 1995; NIOSH 1998; and Determination section considers the levels (as determined by current NMFS 2018). The distinction between content of this section, the Estimated weather conditions and levels of these two sound types is important Take section, and the Proposed biological and shipping activity) but because they have differing potential to Mitigation section, to draw conclusions also on the ability of sound to propagate cause physical effects, particularly with regarding the likely impacts of these through the environment. In turn, sound regard to hearing (e.g., Ward 1997 in activities on the reproductive success or propagation is dependent on the Southall et al., 2007). survivorship of individuals and how spatially and temporally varying Vibratory pile hammers would be those impacts on individuals are likely properties of the water column and sea used on this project. Vibratory hammers to impact marine mammal species or floor, and is frequency-dependent. As a install piles by vibrating them and stocks. result of the dependence on a large allowing the weight of the hammer to Acoustic effects on marine mammals number of varying factors, ambient push them into the sediment. Vibratory during the specified activity can occur sound levels can be expected to vary hammers produce significantly less from vibratory pile driving and widely over both coarse and fine spatial sound than impact hammers. Peak potentially from needle gun use. The and temporal scales. Sound levels at a Sound Pressure Levels (SPLs) may be effects of underwater noise from given frequency and location can vary 180 dB or greater, but are generally 10 WADOT’s proposed activities have the by 10–20 dB from day to day to 20 dB lower than SPLs generated

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during impact pile driving of the same- followed by behavioral effects and Finneran et al., 2000, 2002). As sized pile (Oestman et al., 2009). Rise potential impacts on habitat. described in Finneran (2016), marine time is slower, reducing the probability NMFS defines a noise-induced mammal studies have shown the and severity of injury, and sound energy threshold shift (TS) as a change, usually amount of TTS increases with is distributed over a greater amount of an increase, in the threshold of cumulative sound exposure level time (Nedwell and Edwards, 2002; audibility at a specified frequency or (SELcum) in an accelerating fashion: At Carlson et al., 2005). portion of an individual’s hearing range low exposures with lower SELcum, the Needle guns are a drill like tool that above a previously established reference amount of TTS is typically small and use a series of strong elongate metal level (NMFS, 2018). The amount of the growth curves have shallow slopes. chisels or ‘‘bristles’’ to scrape away threshold shift is customarily expressed At exposures with higher SELcum, the material using high speed rotation up to in dB. A TS can be permanent or growth curves become steeper and 5000 revolution per minute. Sounds are temporary. As described in NMFS approach linear relationships with the produced by the tool motor as well as (2018), there are numerous factors to noise SEL. the scraping action of the tool on consider when examining the Depending on the degree (elevation of concrete. Peak SPLs are up to 112 dBA consequence of TS, including, but not threshold in dB), duration (i.e., recovery (OSHA, 2020). limited to, the signal temporal pattern time), and frequency range of TTS, and The likely or possible impacts of (e.g., impulsive or non-impulsive), the context in which it is experienced, WADOT’s proposed activity on marine likelihood an individual would be TTS can have effects on marine exposed for a long enough duration or mammals could involve both non- mammals ranging from discountable to to a high enough level to induce a TS, serious (similar to those discussed in acoustic and acoustic stressors. the magnitude of the TS, time to auditory masking, below). For example, Potential non-acoustic stressors could recovery (seconds to minutes or hours to a marine mammal may be able to readily result from the physical presence of the days), the frequency range of the compensate for a brief, relatively small equipment and personnel; however, any exposure (i.e., spectral content), the amount of TTS in a non-critical impacts to marine mammals are hearing and vocalization frequency frequency range that takes place during expected to primarily be acoustic in range of the exposed species relative to a time when the animal is traveling nature. Acoustic stressors also include the signal’s frequency spectrum (i.e., through the open ocean, where ambient effects of heavy equipment operation how animal uses sound within the noise is lower and there are not as many during pile installation and removal. frequency band of the signal; e.g., competing sounds present. Acoustic Impacts Kastelein et al., 2014), and the overlap Alternatively, a larger amount and between the animal and the source (e.g., longer duration of TTS sustained during The introduction of anthropogenic spatial, temporal, and spectral). time when communication is critical for noise into the aquatic environment from Permanent Threshold Shift (PTS)— successful mother/calf interactions pile driving and removal is the primary NMFS defines PTS as a permanent, could have more serious impacts. We means by which marine mammals may irreversible increase in the threshold of note that reduced hearing sensitivity as be harassed from WADOT’s specified audibility at a specified frequency or a simple function of aging has been activity. In general, animals exposed to portion of an individual’s hearing range observed in marine mammals, as well as natural or anthropogenic sound may above a previously established reference humans and other taxa (Southall et al., experience physical and psychological level (NMFS 2018). Available data from 2007), so we can infer that strategies effects, ranging in magnitude from none humans and other terrestrial mammals exist for coping with this condition to to severe (Southall et al., 2007). indicate that a 40 dB threshold shift some degree, though likely not without Generally, exposure to pile driving and approximates PTS onset (see Ward et cost. removal noise has the potential to result al., 1958, 1959; Ward, 1960; Kryter et Currently, TTS data only exist for four in auditory threshold shifts and al., 1966; Miller, 1974; Ahroon et al., species of cetaceans (bottlenose behavioral reactions (e.g., avoidance, 1996; Henderson et al., 2008). PTS dolphin, beluga whale (Delphinapterus temporary cessation of foraging and levels for marine mammals are leucas), harbor porpoise, and Yangtze vocalizing, changes in dive behavior). estimates, with the exception of a single finless porpoise (Neophocoena Exposure to anthropogenic noise can study unintentionally inducing PTS in a asiaeorientalis)) and five species of also lead to non-observable harbor seal (Kastak et al., 2008), there pinnipeds exposed to a limited number physiological responses such an are no empirical data measuring PTS in of sound sources (i.e., mostly tones and increase in stress hormones. Additional marine mammals, largely due to the fact octave-band noise) in laboratory settings noise in a marine mammal’s habitat can that, for various ethical reasons, (Finneran, 2015). TTS was not observed mask acoustic cues used by marine experiments involving anthropogenic in trained spotted (Phoca largha) and mammals to carry out daily functions noise exposure at levels inducing PTS ringed (Pusa hispida) seals exposed to such as communication and predator are not typically pursued or authorized impulsive noise at levels matching and prey detection. The effects of pile (NMFS, 2018). previous predictions of TTS onset driving noise on marine mammals are Temporary Threshold Shift (TTS)—A (Reichmuth et al., 2016). In general, dependent on several factors, including, temporary, reversible increase in the harbor seals and harbor porpoises have but not limited to, sound type (e.g., threshold of audibility at a specified a lower TTS onset than other measured impulsive vs. non-impulsive), the frequency or portion of an individual’s pinniped or cetacean species (Finneran, species, age and sex class (e.g., adult hearing range above a previously 2015). The potential for TTS from male vs. mom with calf), duration of established reference level (NMFS, impact pile driving exists. After exposure, the distance between the pile 2018). Based on data from cetacean TTS exposure to playbacks of impact pile and the animal, received levels, measurements (see Southall et al., driving sounds (rate 2760 strikes/hour) behavior at time of exposure, and 2007), a TTS of 6 dB is considered the in captivity, mean TTS increased from previous history with exposure minimum threshold shift clearly larger 0 dB after 15 minute exposure to 5 dB (Wartzok et al., 2003; Southall et al., than any day-to-day or session-to- after 360 minute exposure; recovery 2007). Here we discuss physical session variation in a subject’s normal occurred within 60 minutes (Kastelein auditory effects (threshold shifts) hearing ability (Schlundt et al., 2000; et al., 2016). Additionally, the existing

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marine mammal TTS data come from a context, and numerous other factors The killer whales were travelling or limited number of individuals within (Ellison et al., 2012), and can vary milling while all harbor porpoises were these species. No data are available on depending on characteristics associated travelling. No signs of disturbance were noise-induced hearing loss for with the sound source (e.g., whether it noted for either of these species. Given mysticetes. For summaries of data on is moving or stationary, number of the similarities in activities and habitat, TTS in marine mammals or for further sources, distance from the source). In we expect similar behavioral responses discussion of TTS onset thresholds, general, pinnipeds seem more tolerant of marine mammals to WADOT’s please see Southall et al. (2007), of, or at least habituate more quickly to, specified activity. That is, disturbance, Finneran and Jenkins (2012), Finneran potentially disturbing underwater sound if any, is likely to be temporary and (2015), and Table 5 in NMFS (2018). than do cetaceans, and generally seem localized (e.g., small area movements). For this project, there would likely be to be less responsive to exposure to Stress responses—An animal’s pauses in activities producing the sound industrial sound than most cetaceans. perception of a threat may be sufficient during each day. Given these pauses Please see Appendices B and C of to trigger stress responses consisting of and that many marine mammals are Southall et al. (2007) for a review of some combination of behavioral likely moving through the action area studies involving marine mammal responses, autonomic nervous system and not remaining for extended periods behavioral responses to sound. responses, neuroendocrine responses, or of time, the potential for TS declines. Disruption of feeding behavior can be immune responses (e.g., Selye 1950; Behavioral Harassment—Exposure to difficult to correlate with anthropogenic Moberg 2000). In many cases, an noise from pile driving and removal and sound exposure, so it is usually inferred animal’s first and sometimes most needle gun use also has the potential to by observed displacement from known economical (in terms of energetic costs) behaviorally disturb marine mammals. foraging areas, the appearance of response is behavioral avoidance of the Available studies show wide variation secondary indicators (e.g., bubble nets potential stressor. Autonomic nervous in response to underwater sound; or sediment plumes), or changes in dive system responses to stress typically therefore, it is difficult to predict behavior. As for other types of involve changes in heart rate, blood specifically how any given sound in a behavioral response, the frequency, pressure, and gastrointestinal activity. particular instance might affect marine duration, and temporal pattern of signal These responses have a relatively short mammals perceiving the signal. If a presentation, as well as differences in duration and may or may not have a marine mammal does react briefly to an species sensitivity, are likely significant long-term effect on an underwater sound by changing its contributing factors to differences in animal’s fitness. behavior or moving a small distance, the response in any given circumstance Neuroendocrine stress responses often impacts of the change are unlikely to be (e.g., Croll et al., 2001; Nowacek et al., involve the hypothalamus-pituitary- significant to the individual, let alone 2004; Madsen et al., 2006; Yazvenko et adrenal system. Virtually all the stock or population. However, if a al., 2007). Whether or not foraging neuroendocrine functions that are sound source displaces marine disruptions have the potential to incur affected by stress—including immune mammals from an important feeding or fitness consequences is dependent upon competence, reproduction, metabolism, breeding area for a prolonged period, the intensity and duration of the and behavior—are regulated by pituitary impacts on individuals and populations disturbance, the energetic requirements hormones. Stress-induced changes in could be significant (e.g., Lusseau and of the affected individuals, and the the secretion of pituitary hormones have Bejder, 2007; Weilgart, 2007; NRC, relationship between prey availability, been implicated in failed reproduction, 2005). foraging effort and success, and the life altered metabolism, reduced immune Disturbance may result in changing history stage of the animal. competence, and behavioral disturbance durations of surfacing and dives, In 2016, the Alaska Department of (e.g., Moberg 1987; Blecha 2000). number of blows per surfacing, or Transportation and Public Facilities Increases in the circulation of moving direction and/or speed; (ADOT&PF) documented observations glucocorticoids are also equated with reduced/increased vocal activities; of marine mammals during construction stress (Romano et al., 2004). changing/cessation of certain behavioral activities (i.e., pile driving) at the The primary distinction between activities (such as socializing or Kodiak Ferry Dock (80 FR 60636, stress (which is adaptive and does not feeding); visible startle response or October 7, 2015). In the marine mammal normally place an animal at risk) and aggressive behavior (such as tail/fluke monitoring report for that project (ABR ‘‘distress’’ is the cost of the response. slapping or jaw clapping); avoidance of 2016), 1,281 Steller sea lions were During a stress response, an animal uses areas where sound sources are located. observed within the Level B harassment glycogen stores that can be quickly Pinnipeds may increase their haul out zone during pile driving or drilling (i.e., replenished once the stress is alleviated. time, possibly to avoid in-water documented as Level B harassment In such circumstances, the cost of the disturbance (Thorson and Reyff, 2006). take). Of these, 19 individuals stress response would not pose serious Behavioral responses to sound are demonstrated an alert behavior, 7 fled, fitness consequences. However, when highly variable and context-specific and and 19 swam away from the project site. an animal does not have sufficient any reactions depend on numerous All other animals (98 percent) were energy reserves to satisfy the energetic intrinsic and extrinsic factors (e.g., engaged in activities such as milling, costs of a stress response, energy species, state of maturity, experience, foraging, or fighting and did not change resources must be diverted from other current activity, reproductive state, their behavior. In addition, two sea lions functions. This state of distress will last auditory sensitivity, time of day), as approached within 20 meters of active until the animal replenishes its well as the interplay between factors vibratory pile driving activities. Three energetic reserves sufficient to restore (e.g., Richardson et al., 1995; Wartzok et harbor seals were observed within the normal function. al., 2003; Southall et al., 2007; Weilgart, disturbance zone during pile driving Relationships between these 2007; Archer et al., 2010). Behavioral activities; none of them displayed physiological mechanisms, animal reactions can vary not only among disturbance behaviors. Fifteen killer behavior, and the costs of stress individuals but also within an whales and three harbor porpoise were responses are well-studied through individual, depending on previous also observed within the Level B controlled experiments and for both experience with a sound source, harassment zone during pile driving. laboratory and free-ranging animals

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(e.g., Holberton et al., 1996; Hood et al., masked. The Henderson Bay area Additionally, marine mammals may 1998; Jessop et al., 2003; Krausman et contains mostly small recreational and avoid the area during construction, al., 2004; Lankford et al., 2005). Stress commercial vessel traffic and however, displacement due to noise is responses due to exposure to background sound levels in the area are expected to be temporary and is not anthropogenic sounds or other stressors not excessively elevated. expected to result in long-term effects to and their effects on marine mammals Airborne Acoustic Effects—Pinnipeds the individuals or populations. have also been reviewed (Fair and that occur near the project site could be Construction activities are of short Becker 2000; Romano et al., 2002b) and, exposed to airborne sounds associated duration and would likely have more rarely, studied in wild populations with pile driving and removal and temporary impacts on marine mammal (e.g., Romano et al., 2002a). For needle gun use that have the potential habitat through increases in underwater example, Rolland et al. (2012) found to cause behavioral harassment, and airborne sound. that noise reduction from reduced ship depending on their distance from pile A temporary and localized increase in traffic in the Bay of Fundy was driving activities. Cetaceans are not turbidity near the seafloor would occur associated with decreased stress in expected to be exposed to airborne in the immediate area surrounding the North Atlantic right whales. These and sounds that would result in harassment area where piles are installed or other studies lead to a reasonable as defined under the MMPA. removed. In general, turbidity expectation that some marine mammals Airborne noise would primarily be an associated with pile installation is will experience physiological stress issue for pinnipeds that are swimming localized to about a 25-foot (7.6-meter) responses upon exposure to acoustic or hauled out near the project site radius around the pile (Everitt et al. stressors and that it is possible that within the range of noise levels elevated 1980). The sediments of the project site some of these would be classified as above the acoustic criteria. We will settle out rapidly when disturbed. ‘‘distress.’’ In addition, any animal recognize that pinnipeds in the water Cetaceans are not expected to be close experiencing TTS would likely also could be exposed to airborne sound that enough to the pile driving areas to experience stress responses (NRC, may result in behavioral harassment experience effects of turbidity, and any 2003), however distress is an unlikely when looking with their heads above pinnipeds could avoid localized areas of result of this project based on water. Most likely, airborne sound turbidity. Local strong currents are observations of marine mammals during would cause behavioral responses anticipated to disburse any additional previous, similar projects in the area. similar to those discussed above in suspended sediments produced by relation to underwater sound. For project activities at moderate to rapid Masking—Sound can disrupt behavior instance, anthropogenic sound could rates depending on tidal stage. through masking, or interfering with, an cause hauled-out pinnipeds to exhibit Therefore, we expect the impact from animal’s ability to detect, recognize, or changes in their normal behavior, such increased turbidity levels to be discriminate between acoustic signals of as reduction in vocalizations, or cause discountable to marine mammals and interest (e.g., those used for intraspecific them to temporarily abandon the area do not discuss it further. communication and social interactions, and move further from the source. prey detection, predator avoidance, However, for pile-driving/removal these In-Water Construction Effects on navigation) (Richardson et al., 1995). animals would previously have been Potential Foraging Habitat Masking occurs when the receipt of a ‘taken’ because of exposure to The area likely impacted by the sound is interfered with by another underwater sound above the behavioral project is relatively small compared to coincident sound at similar frequencies harassment thresholds, which are in all the available habitat (e.g., the impacted and at similar or higher intensity, and cases larger than those associated with area is in the north of the bay only) of may occur whether the sound is natural airborne sound. Thus, the behavioral Henderson Bay and does not include (e.g., snapping shrimp, wind, waves, harassment of these animals is already any Biologically Important Areas or precipitation) or anthropogenic (e.g., accounted for in the in-water estimates other habitat of known importance. The pile driving, shipping, sonar, seismic of potential take. Therefore, we do not area is highly influenced by exploration) in origin. The ability of a believe that authorization of incidental anthropogenic activities. The total noise source to mask biologically take resulting from airborne sound from seafloor area affected by pile installation important sounds depends on the pile driving for pinnipeds is warranted. and removal is a very small area characteristics of both the noise source Since the needle gun will be used on compared to the vast foraging area and the signal of interest (e.g., signal-to- days when there is no pile driving, available to marine mammals in the noise ratio, temporal variability, behavioral harassment from its use Henderson Bay and Puget Sound. At direction), in relation to each other and could occur and is discussed below. best, the impact area provides marginal to an animal’s hearing abilities (e.g., foraging habitat for marine mammals sensitivity, frequency range, critical Marine Mammal Habitat Effects and fishes. Furthermore, pile driving ratios, frequency discrimination, WADOT’s construction activities and removal at the project site would directional discrimination, age or TTS could have localized, temporary impacts not obstruct movements or migration of hearing loss), and existing ambient on marine mammal habitat and their marine mammals. noise and propagation conditions. prey by increasing in-water sound Avoidance by potential prey (i.e., fish) Masking of natural sounds can result pressure levels and slightly decreasing of the immediate area due to the when human activities produce high water quality. Increased noise levels temporary loss of this foraging habitat is levels of background sound at may affect acoustic habitat (see Masking also possible. The duration of fish frequencies important to marine above) and adversely affect marine avoidance of this area after pile driving mammals. Conversely, if the mammal prey in the vicinity of the stops is unknown, but a rapid return to background level of underwater sound project area (see discussion below). normal recruitment, distribution and is high (e.g., on a day with strong wind During vibratory pile driving or behavior is anticipated. Any behavioral and high waves), an anthropogenic removal, elevated levels of underwater avoidance by fish of the disturbed area sound source would not be detectable as noise would ensonify the project area would still leave significantly large far away as would be possible under where both fishes and mammals occur areas of fish and marine mammal quieter conditions and would itself be and could affect foraging success. foraging habitat in the nearby vicinity.

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In-water Construction Effects on species, hair cells in the ear are not expected to result in significant Potential Prey—Sound may affect continuously regenerate and loss of or long-term consequences for marine mammals through impacts on auditory function likely is restored individual marine mammals, or to the abundance, behavior, or distribution when damaged cells are replaced with contribute to adverse impacts on their of prey species (e.g., crustaceans, new cells. Halvorsen et al. (2012a) populations. cephalopods, fish, zooplankton). Marine showed that a TTS of 4–6 dB was mammal prey varies by species, season, recoverable within 24 hours for one Estimated Take and location. Here, we describe studies species. Impacts would be most severe This section provides an estimate of regarding the effects of noise on known when the individual fish is close to the the number of incidental takes proposed marine mammal prey. source and when the duration of for authorization through this IHA, Fish utilize the soundscape and exposure is long. Injury caused by which will inform both NMFS’ components of sound in their barotrauma can range from slight to consideration of ‘‘small numbers’’ and environment to perform important severe and can cause death, and is most the negligible impact determination. functions such as foraging, predator likely for fish with swim bladders. Harassment is the only type of take avoidance, mating, and spawning (e.g., Barotrauma injuries have been expected to result from these activities. Zelick and Mann, 1999; Fay, 2009). documented during controlled exposure Except with respect to certain activities Depending on their hearing anatomy to impact pile driving (Halvorsen et al., not pertinent here, section 3(18) of the and peripheral sensory structures, 2012b; Casper et al., 2013). MMPA defines ‘‘harassment’’ as any act which vary among species, fishes hear The most likely impact to fish from of pursuit, torment, or annoyance, sounds using pressure and particle pile driving and removal activities at the which (i) has the potential to injure a motion sensitivity capabilities and project area would be temporary marine mammal or marine mammal detect the motion of surrounding water behavioral avoidance of the area. The stock in the wild (Level A harassment); (Fay et al., 2008). The potential effects duration of fish avoidance of this area or (ii) has the potential to disturb a of noise on fishes depends on the after pile driving stops is unknown, but marine mammal or marine mammal overlapping frequency range, distance a rapid return to normal recruitment, stock in the wild by causing disruption from the sound source, water depth of distribution and behavior is anticipated of behavioral patterns, including, but exposure, and species-specific hearing (Hastings and Popper, 2005, Popper and not limited to, migration, breathing, sensitivity, anatomy, and physiology. Hastings, 2009). nursing, breeding, feeding, or sheltering Key impacts to fishes may include Construction activities, in the form of (Level B harassment). increased turbidity, have the potential behavioral responses, hearing damage, Authorized takes would be by Level B to adversely affect forage fish in the barotrauma (pressure-related injuries), harassment, as use of the acoustic and mortality. project area. Forage fish form a source (i.e., vibratory pile driving/ Fish react to sounds which are significant prey base for many marine removal and needle gun) has the especially strong and/or intermittent mammal species that occur in the low-frequency sounds, and behavioral project area. Increased turbidity is potential to result in disruption of responses such as flight or avoidance expected to occur in the immediate behavioral patterns for individual are the most likely effects. Short vicinity (on the order of 10 ft (3 m) or marine mammals. Based on the nature duration, sharp sounds can cause overt less) of construction activities. However, of the activity and the anticipated or subtle changes in fish behavior and suspended sediments and particulates effectiveness of the mitigation measures local distribution. The reaction of fish to are expected to dissipate quickly within (i.e., shutdown)—discussed in detail noise depends on the physiological state a single tidal cycle. Given the limited below in Proposed Mitigation section, of the fish, past exposures, motivation area affected and high tidal dilution Level A harassment is neither (e.g., feeding, spawning, migration), and rates any effects on forage fish are anticipated nor proposed to be other environmental factors. Hastings expected to be minor or negligible. authorized. and Popper (2005) identified several Finally, exposure to turbid waters from As described previously, no mortality studies that suggest fish may relocate to construction activities is not expected to is anticipated or proposed to be avoid certain areas of sound energy. be different from the current exposure; authorized for this activity. Below we Additional studies have documented fish and marine mammals in Henderson describe how the take is estimated. effects of pile driving on fish, although Bay are routinely exposed to substantial Generally speaking, we estimate take several are based on studies in support levels of suspended sediment from by considering: (1) Acoustic thresholds of large, multiyear bridge construction natural and anthropogenic sources. above which NMFS believes the best projects (e.g., Scholik and Yan, 2001, In summary, given the short daily available science indicates marine 2002; Popper and Hastings, 2009). duration of sound associated with mammals will be behaviorally harassed Several studies have demonstrated that individual pile driving events and the or incur some degree of permanent impulse sounds might affect the relatively small areas being affected, hearing impairment; (2) the area or distribution and behavior of some pile driving activities associated with volume of water that will be ensonified fishes, potentially impacting foraging the proposed action are not likely to above these levels in a day; (3) the opportunities or increasing energetic have a permanent, adverse effect on any density or occurrence of marine costs (e.g., Fewtrell and McCauley, fish habitat, or populations of fish mammals within these ensonified areas; 2012; Pearson et al., 1992; Skalski et al., species. Any behavioral avoidance by and, (4) and the number of days of 1992; Santulli et al., 1999; Paxton et al., fish of the disturbed area would still activities. We note that while these 2017). However, some studies have leave significantly large areas of fish and basic factors can contribute to a basic shown no or slight reaction to impulse marine mammal foraging habitat in the calculation to provide an initial sounds (e.g., Pena et al., 2013; Wardle nearby vicinity. Thus, we conclude that prediction of takes, additional et al., 2001; Jorgenson and Gyselman, impacts of the specified activity are not information that can qualitatively 2009; Cott et al., 2012). likely to have more than short-term inform take estimates is also sometimes SPLs of sufficient strength have been adverse effects on any prey habitat or available (e.g., previous monitoring known to cause injury to fish and fish populations of prey species. Further, results or average group size). Below, we mortality. However, in most fish any impacts to marine mammal habitat describe the factors considered here in

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more detail and present the proposed degrees by other factors related to the WADOT’s proposed activity includes take estimate. source (e.g., frequency, predictability, the use of continuous (vibratory pile- The effect of needle guns is unclear as duty cycle), the environment (e.g., driving and removal in water and we have not recently authorized take by bathymetry), and the receiving animals needle guns) in air sources, and this method in these circumstances. (hearing, motivation, experience, therefore the 120 dB re 1 mPa (rms) Given the relatively low source level for demography, behavioral context) and threshold is applicable in water and the needle guns and small ensonified areas can be difficult to predict (Southall et pinniped thresholds are applicable in discussed below, there is some al., 2007, Ellison et al., 2012). Based on air. uncertainty about whether take will what the available science indicates and Level A harassment for non-explosive occur from this activity. However, in the practical need to use a threshold consideration of the applicant’s request sources—NMFS’ Technical Guidance based on a factor that is both predictable for Assessing the Effects of and the predicted source levels, we and measurable for most activities, conservatively propose the Anthropogenic Sound on Marine NMFS uses a generalized acoustic Mammal Hearing (Version 2.0) authorization of some take for this threshold based on received level to (Technical Guidance, 2018) identifies project. estimate the onset of behavioral dual criteria to assess auditory injury Acoustic Thresholds harassment. NMFS predicts that marine (Level A harassment) to five different mammals are likely to be behaviorally NMFS recommends the use of marine mammal groups (based on harassed in a manner we consider Level acoustic thresholds that identify the hearing sensitivity) as a result of B harassment when exposed to received level of underwater sound exposure to noise from two different above which exposed marine mammals underwater anthropogenic noise above received levels of 120 dB re 1 types of sources (impulsive or non- would be reasonably expected to be impulsive). WADOT’s activity includes behaviorally harassed (equated to Level microPascal (mPa) (root mean square (rms)) for continuous (e.g., vibratory the use of non-impulsive (vibratory pile B harassment) or to incur PTS of some driving/removal) sources. degree (equated to Level A harassment). pile-driving) and above 160 dB re 1 mPa Thresholds have also been developed (rms) for non-explosive impulsive (e.g., These thresholds are provided in identifying the received level of in-air impact pile driving) or intermittent (e.g., Table 4. The references, analysis, and sound above which exposed pinnipeds scientific sonar) sources. For in-air methodology used in the development would likely be behaviorally harassed. sounds, NMFS predicts that harbor seals of the thresholds are described in NMFS Level B Harassment for non-explosive exposed above received levels of 90 dB 2018 Technical Guidance, which may sources—Though significantly driven by re 20 mPa (rms) will be behaviorally be accessed at https:// received level, the onset of behavioral harassed, and other pinnipeds will be www.fisheries.noaa.gov/national/ disturbance from anthropogenic noise harassed when exposed above 100 dB re marine-mammal-protection/marine- exposure is also informed to varying 20 mPa (rms). mammal-acoustic-technical-guidance.

TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

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

Low-Frequency (LF) Cetaceans ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 10: LE,OW,24h: 219 dB.

2 Note: Cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American Na- tional Standards Institute standards (ANSI 2013). The subscript associated with cumulative sound exposure level thresholds indicates the des- ignated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accu- mulation 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 thresh- olds will be exceeded.

Ensonified Area the project (i.e., vibratory pile driving from other locations to develop source and removal and needle guns). levels or the various pile types, sizes Here, we describe operational and Vibratory hammers produce constant and methods (see Table 5). Source levels environmental parameters of the activity sound when operating, and produce for the 48-inch sheetpiles come from the that will feed into identifying the area vibrations that liquefy the sediment Caltrans compendium (2015) ensonified above the acoustic surrounding the pile, allowing it to measurements of 24-inch steel thresholds, which include source levels penetrate to the required seating depth. sheetpiles supported by acoustic data and transmission loss coefficient. The actual durations of each installation from another project in Seattle, The sound field in the project area is method vary depending on the type and Washington that used 48-inch steel the existing background noise plus size of the pile. sheetpiles (Greenbusch Group, 2015), additional construction noise from the In order to calculate distances to the while the source data for H piles comes proposed project. Marine mammals are Level A harassment and Level B from the Caltrans (2015) compendium. expected to be affected via sound harassment sound thresholds for piles of Needle guns can produce sounds up to generated by the primary components of various sizes being used in this project, 112 dbA (OSHA, 2020) and we use that NMFS used acoustic monitoring data as the source level for that activity.

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TABLE 5—PROJECT SOUND SOURCE LEVELS

Method Pile type Estimated noise level Source

Vibratory Driving/Removal ...... 48-inch sheet ...... 165 dBRMS ...... CALTRANS 2015, Greenbusch Group 2015. Vibratory Driving/Removal ...... 12-inch H pile ...... 150 dBRMS ...... CALTRANS 2015. Note: SEL = single strike sound exposure level; dB peak = peak sound level; rms = root mean square.

Level B Harassment Zones B = transmission loss coefficient; for practical Using the equation above, underwater spreading equals 15 noise is predicted to fall below the Transmission loss (TL) is the decrease R1 = the distance of the modeled SPL from behavioral effects threshold of 120 dB in acoustic intensity as an acoustic the driven pile, and rms for marine mammals at distances of pressure wave propagates out from a R2 = the distance from the driven pile of the 1,000 or 10,000 m depending on the pile source. TL parameters vary with initial measurement type(s) and methods (Table 6). It should frequency, temperature, sea conditions, The recommended TL coefficient for current, source and receiver depth, most nearshore environments is the be noted that based on the geography of water depth, water chemistry, and practical spreading value of 15. This Henderson Bay, sound will not reach bottom composition and topography. value results in an expected propagation the full distance of the Level B The general formula for underwater TL environment that would lie between harassment isopleths in most directions. is: spherical and cylindrical spreading loss In-air needle gun noise is predicted to conditions, which is the most reach the phocid (harbor seal) threshold TL = B * Log10 (R1/R2) appropriate assumption for WADOT’s (90 dB) at 192 meters (629 feet), and the where proposed activity in the absence of otariid threshold (100 dB) at 60 meters TL = transmission loss in dB specific modelling. (200 feet).

TABLE 6—LEVEL A AND LEVEL B HARASSMENT ISOPLETHS (m) FOR EACH PILE TYPE AND HEARING GROUP

Level A harassment Level B Pile type Low Mid High harassment frequency frequency frequency Otariid Phocid

Sheet ...... 31.8 2.8 47 19.3 1.4 10,000 H pile...... 3.2 0.3 4.7 1.9 0.1 1,000

Level A Harassment Zones isopleths when more sophisticated 3D (number of piles per day times minutes When the NMFS Technical Guidance modeling methods are not available, and per pile) of pile driving is identical. (2016) was published, in recognition of NMFS continues to develop ways to Therefore Table 6 includes only a single the fact that ensonified area/volume quantitatively refine these tools, and row for each pile type. The above input could be more technically challenging will qualitatively address the output scenarios lead to PTS isopleth distances to predict because of the duration where appropriate. For stationary (Level A thresholds) of less than 1 m to component in the new thresholds, we sources such as vibratory pile driving or 47 m. developed a User Spreadsheet that removal using any of the methods The Level A harassment zones includes tools to help predict a simple discussed above, NMFS User identified in Table 6 are based upon an isopleth that can be used in conjunction Spreadsheet predicts the closest animal exposed to pile driving multiple with marine mammal density or distance at which, if a marine mammal piles per day. Considering duration of occurrence to help predict takes. We remained at that distance the whole driving or removing each pile (up to 30 note that because of some of the duration of the activity, it would not minutes) and breaks between pile assumptions included in the methods incur PTS. Inputs used in the User installations (to reset equipment and used for these tools, we anticipate that Spreadsheet are reported in Table 7 and move pile into place), this means an isopleths produced are typically going the resulting isopleths are reported in animal would have to remain within the to be overestimates of some degree, Table 6 for each of the work scenarios. small area estimated to be ensonified which may result in some degree of Note that while the inputs for driving above the Level A harassment threshold overestimate of take by Level A and removal of each type of pile are for multiple hours. This is highly harassment. However, these tools offer different, the resulting isopleths are the unlikely given marine mammal the best way to predict appropriate same because the total time per day movement throughout the area.

TABLE 7—NMFS TECHNICAL GUIDANCE USER SPREADSHEET INPUT TO CALCULATE LEVEL A ISOPLETHS FOR A COMBINATION OF PILE DRIVING

Minutes Piles Method Pile type Source level per pile per day

Vibratory Driving ...... Sheet ...... 165 db RMS ...... 30 8 Vibratory Driving ...... H pile ...... 150 db RMS ...... 30 8 Vibratory Removal ...... Sheet ...... 165 db RMS ...... 15 16

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TABLE 7—NMFS TECHNICAL GUIDANCE USER SPREADSHEET INPUT TO CALCULATE LEVEL A ISOPLETHS FOR A COMBINATION OF PILE DRIVING—Continued

Minutes Piles Method Pile type Source level per pile per day

Vibratory Removal ...... H pile ...... 150 db RMS ...... 15 16 Note: Transmission Loss for all methods is 15 LogR and the weighting factor adjustment is 2.5.

Marine Mammal Occurrence and Take used to establish baseline density when this project is scheduled to occur. Calculation and Estimation estimates for their construction and These density estimates are shown in testing and training activities in Puget Table 8. No density estimates exist for In this section we provide the Sound (U.S. Navy, 2019). The Navy the rarer short-beaked common dolphin information about the presence, density, database includes seasonal estimates of so we used more qualitative data on or group dynamics of marine mammals abundance where available and observations from The Whale Museum’s that will inform the take calculations. appropriate. Where such estimates sightings database and project specific The main source of density information existed, we used the larger density report to WADOT (TWM, 2020). for the area is the U.S. Navy’s database estimate for the fall or summer seasons,

TABLE 8—DENSITY OF MARINE MAMMALS USED TO CALCULATE EXPECTED TAKE

Species Density #/km2

Harbor seal ...... 3.91 California sea lion ...... 0.2211 Steller sea lion ...... 0.0478 Gray whale ...... 0.000086 Short-beaked common dolphin ...... (*) Harbor porpoise ...... 0.86 * See text, no density estimate exists for short-beaked common dolphins.

Here we describe how the information H piles: 0.000086/km2 * 1.36 km2 * 5 expectation of one group of five animals provided above is brought together to days = 0.0005848 in the large level B harassment zone for produce a quantitative take estimate. Sheetpiles: 0.000086/km2 * 17.9 km2 * sheetpiles per day is a reasonable Given the geography of the project area, 9 days = 0.0138546 representation of occurrence. With 9 the area ensonified when driving or Total Estimated Take = 0.014 animals days of sheetpiling maximum this 2 2 removing H piles is 1.36 km (0.53 mi ), The total represents less than one gray equates to 45 level B takes. Because of the area ensonified when driving or whale. In the event an individual enters the smaller size of the Level B 2 removing sheetpiles is 17.9 km (6.9 the area and remains for some time and harassment zones for the H-piles, we 2 mi ), and the area ensonified when is harassed on multiple days, we are expect that one group of five animals 2 using the needle gun is 0.06 km (0.023 proposing authorization for Level B over the course of the 5 work days with 2 2 mi ) for phocids and 0.01 km (0.004 harassment of 10 gray whales. Because H piles is a reasonable representation of 2 mi ) for otariids. As noted above, there the Level A harassment zones are occurrence. We are thus proposing will be a total of 5 days driving or relatively small and we believe the PSO authorization for Level B harassment of removing H piles, 9 days driving or will be able to effectively monitor the 50 short-beaked common dolphins. removing sheetpiles, and 6 days of using Level A harassment zones, we do not Because the Level A harassment zones the needle gun. For species with density anticipate or propose take by Level A are relatively small and we believe the estimates, the estimated take is harassment of gray whales. PSO will be able to effectively monitor calculated as the sum of the density the Level A harassment zones, we do times the area and days for each pile Short-Beaked Common Dolphin not anticipate or propose take by Level type/activity with the results for each As mentioned above, the Navy Marine A harassment of short-beaked common activity added to give a total estimated Species Density Database (U.S. Navy dolphins. take. Additional qualitative factors may 2019) does not provide an estimate of Harbor Porpoise be considered for species with small density of short-beaked common estimated take calculations (see below). dolphins in the Henderson Bay area. The Navy Marine Species Density Take by Level B harassment is proposed The Whale Museum data indicate that Database (U.S. Navy 2019) estimates the for authorization and summarized in common dolphins have been density of harbor porpoise in the 2 Table 9. documented in waters adjacent to the Henderson Bay area as 0.86/km . Based on this density estimate, the following Gray Whale project (TWM, 2020). Nearly all sightings were in 2016 and 2017 number of harbor porpoises may be The Navy Marine Species Density pointing out the variability and present in the Level B harassment Database (U.S. Navy 2019) estimates the uncertainty of their presence. Short- zones: density of gray whales in the Henderson beaked common dolphins often occur in H piles: 0.86/km2 * 1.36 km2 * 5 days Bay area as 0.000086/km2. Based on this groups; for the Puget Sound data groups = 5.848 density estimate, the following number consisted of no more than five Sheetpiles: 0.86/km2 * 17.9 km2 * 9 of gray whales may be present in the individuals (Orca Network. 2020). Due days = 138.546 Level B harassment zones: to the low likelihood of occurrence an Total Estimated Take = 144.4 animals

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We are proposing authorization for We are proposing authorization for We are proposing authorization for Level B harassment of 145 harbor Level B harassment of 38 California sea Level B harassment of nine Steller sea porpoises. Because the Level A lions. Because the Level A harassment lions. Because the Level A harassment harassment zones are relatively small zones are relatively small and we zones are relatively small and we and we believe the PSO will be able to believe the PSO will be able to believe the PSO will be able to effectively monitor the Level A effectively monitor the Level A effectively monitor the Level A harassment zones, we do not anticipate harassment zones, we do not anticipate harassment zones, we do not anticipate or propose take by Level A harassment or propose take by Level A harassment or propose take by Level A harassment of harbor porpoises. of California sea lions. of Steller sea lions. California Sea Lion Steller Sea Lion Harbor Seal The Navy Marine Species Density The Navy Marine Species Density The Navy Marine Species Density Database (U.S. Navy 2019) estimates the Database (U.S. Navy 2019) estimates the Database (U.S. Navy 2019) estimates the density of California sea lions in the density of Steller sea lions in the density of harbor seal in the Henderson Henderson Bay area as 0.2211/km2. Henderson Bay area as 0.0478/km2. Bay area as 3.91/km2. Based on this Based on this density estimate, the Based on this density estimate, the density estimate, the following number following number of California sea lions following number of Steller sea lions of harbor seals may be present in the may be present in the Level B may be present in the Level B Level B harassment zones: harassment zones: harassment zones: H piles: 3.91/km2 * 1.36 km2 * 5 days = 26.588 H piles: 0.2211/km2 * 1.36 km2 * 5 days H piles: 0.0478/km2 * 1.36 km2 * 5 days Sheetpiles: 3.91/km2 * 17.9 km2 * 9 = 1.503 = 0.325 days = 629.901 Sheetpiles: 0.2211/km2 * 17.9 km2 * 9 Sheetpiles: 0.0478/km2 * 17.9 km2 * 9 Needle gun: 3.91/km2 * 0.06 km2 * 6 days = 35.619 days = 7.70 days = 1.408 Needle gun: 0.2211/km2 * 0.01 km2 * 6 Needle gun: 0.0478/km2 * 0.01 km2 * 6 Total Estimated Take = 657.9 animals days = 0.013 days = 0.007 We are proposing authorization for Total Estimated Take = 37.14 animals Total Estimated Take = 8.03 animals Level B harassment of 658 harbor seals.

TABLE 9—PROPOSED AUTHORIZED AMOUNT OF TAKING, BY LEVEL A HARASSMENT AND LEVEL B HARASSMENT, BY SPECIES AND STOCK AND PERCENT OF TAKE BY STOCK

Take Percent Species request of stock

Harbor seal ...... 658 (*) California sea lion ...... 38 <0.1 Steller sea lion ...... 9 <0.1 Gray whale ...... 10 0.4 Short-beaked common dolphin ...... 50 <0.1 Harbor porpoise ...... 145 1.3 * There is no official estimate of stock size for this stock.

Proposed Mitigation least practicable adverse impact on personnel safety, practicality of species or stocks and their habitat, as implementation, and impact on the In order to issue an IHA under section well as subsistence uses where effectiveness of the military readiness 101(a)(5)(D) of the MMPA, NMFS must applicable, we carefully consider two activity. set forth the permissible methods of primary factors: The following mitigation measures are taking pursuant to the activity, and (1) The manner in which, and the proposed in the IHA: other means of effecting the least degree to which, the successful • For in-water heavy machinery work practicable impact on the species or implementation of the measure(s) is other than pile driving/removal (e.g., stock and its habitat, paying particular expected to reduce impacts to marine standard barges, etc.), and for needle attention to rookeries, mating grounds, mammals, marine mammal species or gun work, if a marine mammal comes and areas of similar significance, and on stocks, and their habitat. This considers within 10 m, operations shall cease and the availability of the species or stock the nature of the potential adverse vessels shall reduce speed to the for taking for certain subsistence uses impact being mitigated (likelihood, minimum level required to maintain (latter not applicable for this action). scope, range). It further considers the steerage and safe working conditions. NMFS regulations require applicants for likelihood that the measure will be This type of work could include the incidental take authorizations to include effective if implemented (probability of following activities: (1) Movement of the information about the availability and accomplishing the mitigating result if barge to or around the pile location; or feasibility (economic and technological) implemented as planned), the (2) positioning of the pile on the of equipment, methods, and manner of likelihood of effective implementation substrate via a crane (i.e., stabbing the conducting the activity or other means (probability implemented as planned); pile); of effecting the least practicable adverse and • Conduct briefings between impact upon the affected species or (2) The practicability of the measures construction supervisors and crews and stocks and their habitat (50 CFR for applicant implementation, which the marine mammal monitoring team 216.104(a)(11)). may consider such things as cost, prior to the start of all pile driving/ In evaluating how mitigation may or impact on operations, and, in the case removal activity and when new may not be appropriate to ensure the of a military readiness activity, personnel join the work, to explain

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responsibilities, communication Level A harassment zone within the within the Level B harassment zones procedures, marine mammal monitoring cetacean and pinniped groups, that serve as monitoring zones. protocol, and operational procedures; respecitively, with an absolute • Pre-activity Monitoring—Prior to • For those marine mammals for minimum shutdown zone size of 10 m the start of daily in-water construction which Level B harassment take has not (33 ft). activity, or whenever a break in pile been requested, in-water pile • Pile wake-up—When removing driving/removal of 30 minutes or longer installation/removal will shut down piles WADOT will shake the pile occurs, PSOs will observe the shutdown immediately if such species are slightly prior to removal to break the and monitoring zones for a period of 30 observed within or entering the Level B bond with surrounding sediment to minutes. The shutdown zone will be harassment zone; and avoid pulling out large blocks of considered cleared when a marine • If take reaches the authorized limit sediment. Piles they will also be mammal has not been observed within for an authorized species, pile removed slowly to minimize turbidity. the zone for that 30-minute period. If a installation/removal will be stopped as • The placement of Protected Species marine mammal is observed within the these species approach the Level B Observers (PSOs) during all pile driving shutdown zone, a soft-start cannot harassment zone to avoid additional and removal activities (described in proceed until the animal has left the take. detail in the Proposed Monitoring and zone or has not been observed for 15 The following mitigation measures Reporting section) will ensure that the minutes. When a marine mammal for would apply to WADOT’s in-water entire shutdown zone is visible during which Level B harassment take is construction activities. pile installation. Should environmental authorized is present in the Level B • Establishment of Shutdown conditions deteriorate such that marine harassment zone, activities may begin Zones—WADOT will establish mammals within the entire shutdown and Level B harassment take will be shutdown zones for all pile driving and zone would not be visible (e.g., fog, recorded. If the entire Level B removal activities (Table 10). The heavy rain), pile driving and removal harassment zone is not visible at the purpose of a shutdown zone is generally must be delayed until the PSO is start of construction, pile driving to define an area within which confident marine mammals within the activities can begin. If work ceases for shutdown of the activity would occur shutdown zone could be detected. more than 30 minutes, the pre-activity upon sighting of a marine mammal (or • Monitoring for Level B monitoring of the shutdown zones will in anticipation of an animal entering the Harassment—WADOT will monitor the commence. defined area). Shutdown zones typically Level A and B harassment and • Pile driving or removal must occur vary based on the activity type and shutdown zones. Monitoring zones during daylight hours. marine mammal hearing group (Table provide utility for observing by Based on our evaluation of the 4). Because the zones are small in this establishing monitoring protocols for applicant’s proposed measures, as well project, and WADOT seeks to simplify areas adjacent to the shutdown zones. as other measures considered by NMFS, their monitoring, they have requested to Monitoring zones enable observers to be NMFS has preliminarily determined establish shutdown zones of the same aware of and communicate the presence that the proposed mitigation measures size that apply separately to cetaceans of marine mammals in the project area provide the means effecting the least and pinnipeds, rather than having outside the shutdown zone and thus practicable impact on the affected multiple size zones within each of these prepare for a potential halt of activity species or stocks and their habitat, marine mammal groups corresponding should the animal enter the shutdown paying particular attention to rookeries, to each hearing group. Therefore the zone. Placement of PSOs will allow mating grounds, and areas of similar shutdown zones are based on the largest PSOs to observe marine mammals significance.

TABLE 10—SHUTDOWN ZONES (RADIUS IN METERS) BY PILE TYPE, ACTIVITY AND HEARING GROUP

Low Mid High Pile type frequency frequency frequency Otariid Phocid

Sheet ...... 50 50 50 20 20 H pile ...... 10 10 10 10 10

Proposed Monitoring and Reporting compliance as well as ensuring that the characterization, propagation, ambient most value is obtained from the required noise); (2) affected species (e.g., life In order to issue an IHA for an monitoring. history, dive patterns); (3) co-occurrence activity, section 101(a)(5)(D) of the Monitoring and reporting of marine mammal species with the MMPA states that NMFS must set forth requirements prescribed by NMFS action; or (4) biological or behavioral requirements pertaining to the should contribute to improved context of exposure (e.g., age, calving or monitoring and reporting of such taking. understanding of one or more of the feeding areas); The MMPA implementing regulations at following: • Individual marine mammal 50 CFR 216.104(a)(13) indicate that • Occurrence of marine mammal responses (behavioral or physiological) requests for authorizations must include species or stocks in the area in which to acoustic stressors (acute, chronic, or the suggested means of accomplishing take is anticipated (e.g., presence, cumulative), other stressors, or the necessary monitoring and reporting abundance, distribution, density); cumulative impacts from multiple that will result in increased knowledge • Nature, scope, or context of likely stressors; of the species and of the level of taking marine mammal exposure to potential • How anticipated responses to or impacts on populations of marine stressors/impacts (individual or stressors impact either: (1) Long-term mammals that are expected to be cumulative, acute or chronic), through fitness and survival of individual present in the proposed action area. better understanding of: (1) Action or marine mammals; or (2) populations, Effective reporting is critical both to environment (e.g., source species, or stocks;

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• Effects on marine mammal habitat (3) For the smaller Level B harassment • Age and sex class, if possible, of all (e.g., marine mammal prey species, zone associated with H pile driving/ marine mammals observed. acoustic habitat, or other important removal, an additional PSOs will be • PSO locations during marine physical components of marine located on the southeast end of the level mammal monitoring. mammal habitat); and B harassment zone (see Monitoring Plan • Distances and bearings of each • Mitigation and monitoring Figure 4); marine mammal observed to the pile effectiveness. (4) For the larger Level B harassment being driven or removed for each sighting (if pile driving or removal was Visual Monitoring zone associated with sheetpile driving/ removal PSOs will be at the pile/driving occurring at time of sighting). • Marine mammal monitoring must be removal site and Purdy Spit park as Description of any marine mammal conducted in accordance with the described above. Two additional PSOs behavior patterns during observation, Monitoring Plan and section 5 of the will be located further south in including direction of travel and IHA. Marine mammal monitoring Henderson Bay (see Monitoring Plan estimated time spent within the Level A during pile driving and removal must be Figure 2): One at Kopachuck State Park and Level B harassment zones while the conducted by NMFS-approved PSOs in source was active. to monitor the southern end of the Level • a manner consistent with the following: B harassment zone and one further Number of individuals of each • Independent PSOs (i.e., not south at Penrose Point State Park to species (differentiated by month as construction personnel) who have no monitor the approaches into Henderson appropriate) detected within the other assigned tasks during monitoring Bay, especially for killer and humpback monitoring zone, and estimates of periods must be used; number of marine mammals taken, by • whales and other large whales not Other PSOs may substitute authorized for take. species (a correction factor may be education (degree in biological science Monitoring will be conducted 30 applied to total take numbers, as or related field) or training for minutes before, during, and 30 minutes appropriate). • Detailed information about any experience; and after pile driving/removal activities. In • implementation of any mitigation WADOT must submit PSO addition, observers shall record all triggered (e.g., shutdowns and delays), a Curriculum Vitae for approval by NMFS incidents of marine mammal description of specific actions that prior to the onset of pile driving. occurrence, regardless of distance from PSOs must have the following ensued, and resulting behavior of the activity, and shall document any additional qualifications: animal, if any. behavioral reactions in concert with • Ability to conduct field • Description of attempts to distance from piles being driven or observations and collect data according distinguish between the number of removed. Pile driving activities include to assigned protocols; individual animals taken and the the time to install or remove a single • Experience or training in the field number of incidences of take, such as pile or series of piles, as long as the time identification of marine mammals, ability to track groups or individuals. including the identification of elapsed between uses of the pile driving If no comments are received from behaviors; or drilling equipment is no more than NMFS within 30 days, the draft final • Sufficient training, orientation, or 30 minutes. report will constitute the final report. If experience with the construction Reporting comments are received, a final report operation to provide for personal safety addressing NMFS comments must be A draft marine mammal monitoring during observations; submitted within 30 days after receipt of report will be submitted to NMFS • Writing skills sufficient to prepare a comments. report of observations including but not within 90 days after the completion of limited to the number and species of pile driving and removal activities, or Reporting Injured or Dead Marine marine mammals observed; dates and 60 days prior to a requested date of Mammals times when in-water construction issuance of any future IHAs for projects In the event that personnel involved activities were conducted; dates, times, at the same location, whichever comes in the construction activities discover and reason for implementation of first. The report will include an overall an injured or dead marine mammal, mitigation (or why mitigation was not description of work completed, a WADOT shall report the incident to the implemented when required); and narrative regarding marine mammal Office of Protected Resources (OPR), marine mammal behavior; and sightings, and associated PSO data NMFS and to the regional stranding • Ability to communicate orally, by sheets. Specifically, the report must coordinator as soon as feasible. If the radio or in person, with project include: death or injury was clearly caused by • personnel to provide real-time Dates and times (begin and end) of the specified activity, WADOT must information on marine mammals all marine mammal monitoring. immediately cease the specified • observed in the area as necessary. Construction activities occurring activities until NMFS is able to review Up to four PSOs will be employed. during each daily observation period, the circumstances of the incident and PSO locations will provide an including how many and what type of determine what, if any, additional unobstructed view of all water within piles were driven or removed and by measures are appropriate to ensure the shutdown zone, and as much of the what method (i.e., impact or vibratory compliance with the terms of the IHA. Level A and Level B harassment zones and if other removal methods were The IHA-holder must not resume their as possible. PSO locations are as used). activities until notified by NMFS. The follows: • Weather parameters and water report must include the following (1) At the pile driving/removal site or conditions during each monitoring information: best vantage point practicable to period (e.g., wind speed, percent cover, • Time, date, and location (latitude/ monitor the shutdown zones and the visibility, sea state). longitude) of the first discovery (and small area north into Burley Lagoon; • The number of marine mammals updated location information if known (2) At Purdy Spit Park to monitor the observed, by species, relative to the pile and applicable); Level B harassment zone near the location and if pile driving or removal • Species identification (if known) or project site in Henderson Bay; and was occurring at time of sighting. description of the animal(s) involved;

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• Condition of the animal(s) use. Potential takes could occur if impacts resulting from this activity are (including carcass condition if the individuals are present in the ensonified not expected to adversely affect the animal is dead); zone when these activities are species or stock through effects on • Observed behaviors of the underway. annual rates of recruitment or survival: animal(s), if alive; Takes by Level B harassment would • No mortality or Level A harassment • If available, photographs or video be in the form of behavioral disturbance is anticipated or authorized. footage of the animal(s); and and/or TTS. No mortality or PTS (Level • No biologically important areas • General circumstances under which A harassment) is anticipated given the have been identified within the project the animal was discovered. nature of the activity and measures area. • For all species, Henderson Bay is a Negligible Impact Analysis and designed to minimize the possibility of very small and peripheral part of their Determination injury to marine mammals. The potential for harassment is minimized range. NMFS has defined negligible impact through the construction method and • WADOT would implement as an impact resulting from the the implementation of the planned mitigation measures such as shut downs specified activity that cannot be mitigation measures (see Proposed and slow removal of piles to minimize reasonably expected to, and is not Mitigation section). turbidity and shaking the pile slightly reasonably likely to, adversely affect the The nature of the pile driving project prior to removal (wake up) to break the species or stock through effects on precludes the likelihood of serious bond with surrounding sediment to annual rates of recruitment or survival injury or mortality. Take would occur avoid pulling out large blocks of (50 CFR 216.103). A negligible impact within a limited, confined area (north- sediment. finding is based on the lack of likely central Henderson Bay) of the stock’s • Monitoring reports from similar adverse effects on annual rates of range. Level A and Level B harassment work in Puget Sound have documented recruitment or survival (i.e., population- will be reduced to the level of least little to no effect on individuals of the level effects). An estimate of the number practicable adverse impact through use same species impacted by the specified of takes alone is not enough information of mitigation measures described herein, activities. on which to base an impact and as a result, as discussed above, Based on the analysis contained determination. In addition to Level A harassment is not anticipated to herein of the likely effects of the considering estimates of the number of occur. Further the amount of take specified activity on marine mammals marine mammals that might be ‘‘taken’’ proposed to be authorized is extremely and their habitat, and taking into through harassment, NMFS considers small when compared to stock consideration the implementation of the other factors, such as the likely nature abundance. proposed monitoring and mitigation of any responses (e.g., intensity, Behavioral responses of marine measures, NMFS preliminarily finds duration), the context of any responses mammals to pile driving and needle gun that the total marine mammal take from (e.g., critical reproductive time or use at the project site, if any, are the proposed activity will have a location, migration), as well as effects expected to be mild and temporary. negligible impact on all affected marine on habitat, and the likely effectiveness Marine mammals within the Level B mammal species or stocks. of the mitigation. We also assess the harassment zone may not show any Small Numbers number, intensity, and context of visual cues they are disturbed by estimated takes by evaluating this activities (as noted during modification As noted above, only small numbers information relative to population to the Kodiak Ferry Dock) or could of incidental take may be authorized status. Consistent with the 1989 become alert, avoid the area, leave the under section 101(a)(5)(D) of the MMPA preamble for NMFS’s implementing area, or display other mild responses for specified activities other than regulations (54 FR 40338; September 29, that are not observable such as changes military readiness activities. The MMPA 1989), the impacts from other past and in vocalization patterns. Given the short does not define small numbers and so, ongoing anthropogenic activities are duration of noise-generating activities in practice, where estimated numbers incorporated into this analysis via their per day and that pile driving and are available, NMFS compares the impacts on the environmental baseline removal would occur across three number of individuals taken to the most (e.g., as reflected in the regulatory status months, any harassment would be appropriate estimation of abundance of of the species, population size and temporary. There are no other areas or the relevant species or stock in our growth rate where known, ongoing times of known biological importance determination of whether an sources of human-caused mortality, or for any of the affected species. authorization is limited to small ambient noise levels). In addition, it is unlikely that minor numbers of marine mammals. When the To avoid repetition, the discussion of noise effects in a small, localized area of predicted number of individuals to be our analyses applies to all the species habitat would have any effect on the taken is fewer than one third of the listed in Table 9, given that the fitness of any individual or the stocks’ species or stock abundance, the take is anticipated effects of this activity on ability to recover. In combination, we considered to be of small numbers. these different marine mammal stocks believe that these factors, as well as the Additionally, other qualitative factors are expected to be similar. There is little available body of evidence from other may be considered in the analysis, such information about the nature or severity similar activities, demonstrate that the as the temporal or spatial scale of the of the impacts, or the size, status, or potential effects of the specified activities. structure of any of these species or activities will have only minor, short- The amount of take NMFS proposes to stocks that would lead to a different term effects on individuals. The authorize is below one third of the analysis for this activity. Pile driving specified activities are not expected to estimated stock abundance for all activities have the potential to disturb or impact rates of recruitment or survival stocks. For harbor seals there are no displace marine mammals. Specifically, and will therefore not result in official estimates of the stock size. We the project activities may result in take, population-level impacts. do know the populations of harbor seals in the form of Level B harassment from In summary and as described above, in Puget Sound are increasing and underwater sounds generated from pile the following factors primarily support number at least 32,000 (Jeffries, 2013). driving and removal and needle gun our preliminary determination that the We also know that harbor seals do not

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generally range over large areas (see are incorporated. A draft of the pertinent information, NMFS above). Therefore, it is most likely that proposed IHA can be found at https:// determines that there are no more than the number of harbor seal takes is a www.fisheries.noaa.gov/permit/ minor changes in the activities, the small number. For all stocks, these are incidental-take-authorizations-under- mitigation and monitoring measures all likely conservative estimates of marine-mammal-protection-act. will remain the same and appropriate, percent of stock taken because they Request for Public Comments and the findings in the initial IHA assume all takes are of different remain valid. We request comment on our analyses, individual animals which is likely not Dated: December 14, 2020. the case. Some individuals may return the proposed authorization, and any Donna S. Wieting, multiple times in a day, but PSOs would other aspect of this notice of proposed count them as separate takes if they IHA for the proposed Purdy Bridge Director, Office of Protected Resources, National Marine Fisheries Service. cannot be individually identified. Rehabilitation project. We also request Based on the analysis contained at this time comment on the potential [FR Doc. 2020–27787 Filed 12–16–20; 8:45 am] herein of the proposed activity renewal of this proposed IHA as BILLING CODE 3510–22–P (including the proposed mitigation and described in the paragraph below. monitoring measures) and the Please include with your comments any DEPARTMENT OF COMMERCE anticipated take of marine mammals, supporting data or literature citations to help inform decisions on the request for NMFS preliminarily finds that small Patent and Trademark Office numbers of marine mammals will be this IHA or a subsequent Renewal IHA. taken relative to the population size of On a case-by-case basis, NMFS may Agency Information Collection the affected species or stocks. issue a one-time 1-year Renewal IHA Activities; Submission to the Office of following notice to the public providing Management and Budget (OMB) for Unmitigable Adverse Impact Analysis an additional 15 days for public and Determination Review and Approval; Comment comments when (1) up to another year Request; Patent and Trademark There are no relevant subsistence uses of identical, or nearly identical, Resource Center Metrics of the affected marine mammal stocks or activities as described in the Description species implicated by this action. of Proposed Activity section of this AGENCY: United States Patent and Therefore, NMFS has determined that notice is planned or (2) the activities as Trademark Office, Department of the total taking of affected species or described in the Description of Commerce. stocks would not have an unmitigable Proposed Activity section of this notice ACTION: Notice of information collection; adverse impact on the availability of would not be completed by the time the request for comment. such species or stocks for taking for IHA expires and a Renewal would allow for completion of the activities beyond subsistence purposes. SUMMARY: The United States Patent and that described in the Dates and Duration Trademark Office, in accordance with Endangered Species Act section of this notice, provided all of the the Paperwork Reduction Act of 1995, Section 7(a)(2) of the ESA (16 U.S.C. following conditions are met: invites comments on the extension and 1531 et seq.) requires that each Federal • A request for renewal is received no revision of an existing information agency insure that any action it later than 60 days prior to the needed collection: 0651–0068 (Patent and authorizes, funds, or carries out is not Renewal IHA effective date (recognizing Trademark Resource Center Metrics). likely to jeopardize the continued that Renewal IHA expiration date The purpose of this notice is to allow 60 existence of any endangered or cannot extend beyond one year from days for public comment preceding threatened species or result in the expiration of the initial IHA); destruction or adverse modification of • The request for renewal must submission of the information collection designated critical habitat. To ensure include the following: to OMB. ESA compliance for the issuance of (1) An explanation that the activities DATES: To ensure consideration, IHAs, NMFS consults internally, in this to be conducted under the requested comments regarding this information case with the West Coast Region Renewal IHA are identical to the collection must be received on or before Protected Resources Division Office, activities analyzed under the initial February 16, 2021. whenever we propose to authorize take IHA, are a subset of the activities, or ADDRESSES: Interested persons are for endangered or threatened species. include changes so minor (e.g., invited to submit written comments by No incidental take of ESA-listed reduction in pile size) that the changes any of the following methods. Do not species is proposed for authorization or do not affect the previous analyses, submit Confidential Business expected to result from this activity. mitigation and monitoring Information or otherwise sensitive or Therefore, NMFS has determined that requirements, or take estimates (with protected information: formal consultation under section 7 of the exception of reducing the type or • Email: InformationCollection@ the ESA is not required for this action. amount of take); and (2) A preliminary monitoring report uspto.gov. Include ‘‘0651–0068 Proposed Authorization showing the results of the required comment’’ in the subject line of the As a result of these preliminary monitoring to date and an explanation message. determinations, NMFS proposes to issue showing that the monitoring results do • Federal Register Portal: https:// an IHA to the WADOT to conduct the not indicate impacts of a scale or nature www.regulations.gov. Purdy Bridge Rehabilitation project in not previously analyzed or authorized; • Mail: Kimberly Hardy, Office of the Pierce, WA from July 16, 2021 through and Chief Administrative Officer, United September 30, 2021, provided the • Upon review of the request for States Patent and Trademark Office, previously mentioned mitigation, Renewal, the status of the affected P.O. Box 1450, Alexandria, VA 22313– monitoring, and reporting requirements species or stocks, and any other 1450.

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