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DEPARTMENT OF COMMERCE submit confidential business Categorical Exclusion B4 (IHAs with no information or otherwise sensitive or anticipated serious injury or mortality) National Oceanic and Atmospheric protected information. of the Companion Manual for NOAA Administration FOR FURTHER INFORMATION CONTACT: Administrative Order 216–6A, which do not individually or cumulatively have [RTID 0648–XA569] Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. the potential for significant impacts on Takes of Marine Mammals Incidental to Electronic copies of the application and the quality of the human environment Specified Activities; Taking Marine supporting documents, as well as a list and for which we have not identified Mammals Incidental to the Berth III of the references cited in this document, any extraordinary circumstances that New Mooring Dolphins Project in may be obtained online at: https:// would preclude this categorical Ketchikan, Alaska www.fisheries.noaa.gov/permit/ exclusion. Accordingly, NMFS has incidental-take-authorizations-under- preliminarily determined that the AGENCY: National Marine Fisheries marine-mammal-protection-act. In case issuance of the proposed IHA qualifies Service (NMFS), National Oceanic and of problems accessing these documents, to be categorically excluded from Atmospheric Administration (NOAA), please call the contact listed above. further NEPA review. Commerce. We will review all comments SUPPLEMENTARY INFORMATION: ACTION: Notice; proposed incidental submitted in response to this notice harassment authorization. Background prior to concluding our NEPA process The MMPA prohibits the ‘‘take’’ of or making a final decision on the IHA SUMMARY: NMFS has received a request marine mammals, with certain request. from the City of Ketchikan, Alaska exceptions. sections 101(a)(5)(A) and (D) (COK) for authorization to take marine Summary of Request of the MMPA (16 U.S.C. 1361 et seq.) mammals incidental to the Berth III On May 14, 2020, NMFS received a direct the Secretary of Commerce (as New Mooring Dolphins Project in request from COK for an IHA to take delegated to NMFS) to allow, upon Ketchikan, AK. Pursuant to the Marine marine mammals incidental to request, the incidental, but not Mammal Protection Act (MMPA), NMFS construction activities associated with intentional, taking of small numbers of is requesting comments on its proposal the Berth III Mooring Dolphin Project in marine mammals by U.S. citizens who to issue an incidental harassment Ketchikan, Alaska. After several engage in a specified activity (other than authorization (IHA) to incidentally take revisions, the application was deemed commercial fishing) within a specified marine mammals during the specified adequate and complete on September geographical region if certain findings activities. NMFS is also requesting 22, 2021. COK’s request is for take of are made and either regulations are comments on a possible one-time, one- nine species of marine mammals by issued or, if the taking is limited to year renewal that could be issued under Level B harassment, including Level A harassment, a notice of a proposed certain circumstances and if all harassment of three of these species. incidental take authorization may be requirements are met, as described in Neither COK nor NMFS expects serious provided to the public for review. Request for Public Comments at the end injury or mortality to result from this Authorization for incidental takings of this notice. NMFS will consider activity and, therefore, an IHA is shall be granted if NMFS finds that the public comments prior to making any appropriate. taking will have a negligible impact on final decision on the issuance of the the species or stock(s) and will not have Description of Proposed Activity requested MMPA authorizations and an unmitigable adverse impact on the agency responses will be summarized in Overview availability of the species or stock(s) for the final notice of our decision. taking for subsistence uses (where COK is proposing improvements to DATES: Comments and information must relevant). Further, NMFS must prescribe Berth III, in order to accommodate a be received no later than December 10, the permissible methods of taking and new fleet of large cruise ships (i.e. Bliss 2020. other ‘‘means of effecting the least class) and to meet the needs of the ADDRESSES: Comments should be practicable adverse impact’’ on the growing cruise ship industry and its addressed to Jolie Harrison, Chief, affected species or stocks and their vessels in Southeast Alaska. Expansion Permits and Conservation Division, habitat, paying particular attention to activities would include vibratory pile Office of Protected Resources, National rookeries, mating grounds, and areas of removal, vibratory pile driving, impact Marine Fisheries Service. Written similar significance, and on the pile driving and down-the-hole (DTH) comments should be submitted via availability of the species or stocks for pile installation. Underwater sound email to [email protected]. taking for certain subsistence uses generated by these in-water activities Instructions: NMFS is not responsible (referred to in shorthand as may result in harassment including for comments sent by any other method, ‘‘mitigation’’); and requirements Level B harassment and Level A to any other address or individual, or pertaining to the mitigation, monitoring harassment of marine mammal species. received after the end of the comment and reporting of the takings are set forth. In-water work is proposed to occur on period. Comments, including all approximately 120 days between attachments, must not exceed a 25- National Environmental Policy Act October 1, 2021 and March 13, 2022 megabyte file size. All comments To comply with the National although the IHA would be effective received are a part of the public record Environmental Policy Act of 1969 until September 30, 2022. and will generally be posted online at (NEPA; 42 U.S.C. 4321 et seq.) and While Bliss class vessels started www.fisheries.noaa.gov/permit/ NOAA Administrative Order (NAO) calling to Ketchikan during the 2018 incidental-take-authorizations-under- 216–6A, NMFS must review our cruise ship season and were able to marine-mammal-protection-act without proposed action (i.e., the issuance of an moor at Berth III, operational wind change. All personal identifying IHA) with respect to potential impacts speed restrictions were established to information (e.g., name, address) on the human environment. safely moor the vessel to prevent voluntarily submitted by the commenter This action is consistent with damage to Berth III structures. To safely may be publicly accessible. Do not categories of activities identified in moor a Bliss class vessel, additional tie

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up locations are needed to the north and generate in-water noise. Work may not Islands that consists of a long narrow south ends of the berth. Without the begin without sufficient daylight to water body approximately 11 miles proposed improvements, vessels may be conduct pre-activity monitoring, and (17.7 kilometers) in length (See Figure unable to safely moor at Berth III. may extend into twilight hours as 1). The berth is part of the Port of needed to embed the pile far enough to Ketchikan, an active marine commercial Dates and Duration safely leave piles in place until and industrial area. Construction is expected to take place installation can resume. This is because, At the project site where piles will be over a 200-day period between October during the winter, the shortest days are 1, 2021 and May 1, 2022. Actual in- driven, water depths range between approximately 7 hours of daylight; approximately 60 feet (18.3 meters) to water work is estimated to take a total however, a portion of the daylight hours of 4 months, 120 days or 17 weeks and 160 feet (48.8 meters) (PND 2006). Tidal consists of civil twilight and it can get currents generally range from 0.3 to 1.6 is expected to be completed by March darker earlier due to the tall mountains 13, 2022. In case of unanticipated miles per hour during flood and ebb surrounding Ketchikan and the frequent tides (PND 2006). delays, the effective dates of the cloudy conditions. proposed IHA are from October 1, 2021, The tide range in Ketchikan is to September 30, 2022. The daily Specific Geographic Region significant, with highest observed tides duration of construction activities will COK is located in Southeast Alaska on of 21.4 feet (6.5 meters) and lowest vary based on the daylight hours the western coast of Revillagigedo observed tides of –5.2 feet (-6.5 meters) available. In winter months, shorter 7- Island, near the southernmost boundary based on a mean lower low water hour to 10-hour workdays in available of Alaska. Ketchikan encompasses an (MLLW) elevation of 0.0. Water depths daylight are anticipated and in the early area of approximately 3 square miles of in the area of Tongass Narrows that will fall and early spring longer daylight land and 1 square mile of water. The be ensonified are generally 160 feet or workdays of up to 14-hour days are site is located on the east side of shallower, but get deeper past the anticipated. While COK may work these Tongass Narrows, a marine channel in- southern end of Pennock Island hours, not all activity in a workday will between Revillagigedo and Gravina reaching depths up to 625 feet.

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Detailed Description of Specific Activity be removed as shown in Table 1. Pile anchored up to 10 or more feet into the The proposed project would install driving will be conducted from an solid rock. Tension anchoring involves three new mooring dolphins (MD) with anchored barge, utilizing vibratory and creating an anchor hole that is smaller one at the north end of Berth III (MD#2) impact hammers to install and remove in diameter than the pile. The holes and two at the south end (MD#3 & piles and DTH pile installation to extend 10 to 20 feet or more below the MD#4) as shown in Figure 2 in COK’s position rock sockets and tension bottom of the pile. A steel bar or other IHA application (available online at: anchors. Rock socketing is a process anchoring structure (e.g., rebar frame) is https://www.fisheries.noaa.gov/ where a pile is driven by conventional then grouted or cemented in place from national/marine-mammal-protection/ vibratory and impact hammers until the bottom of the anchor hole and incidental-take-authorizations- reaching solid bedrock. If at that point extending up to the top of the pile. construction-activities). A total of 20 the pile cannot support the needed load, Attaching the anchor bar or frame to the piles will be installed. Eight of the piles a hole can be drilled into the rock with pile then helps anchor the pile in place are temporary template piles and would a DTH system to allow the pile to be to support the required project loads.

TABLE 1—PROJECT PILE TYPES AND QUANTITIES

Location Item Size and type Qty

MD#2 ...... Dolphin and Fender Piles ...... 48-inch (1.22 m) steel pipe piles ...... 6 Temporary Template Piles ...... 30-inch (0.76 m) steel pipe piles ...... 8 MD#3 ...... Dolphin Piles ...... 36-inch (0.9 m) steel pipe piles ...... 3 MD#4 ...... Dolphin Piles ...... 36-inch (0.9 m) steel pipe piles ...... 3

MD#2 will require six 48-inch deep will be hammered through the pile impact hammer advancing the tip 1 to diameter steel pipe piles up to 180 feet shaft to the width of the associated pile. 2 feet into fractured bedrock. Once a in length each. MD#3 and MD#4 will COK will then socket hammer the pile pile has been seated into bedrock with each require three 36-inch diameter up to 20 feet into bedrock. The pile will an impact hammer, COK may elect to steel pipe piles up to 180 feet in length be drawn into the hammered socket socket hammer the pile up to 10 feet each. These piles will be installed in through the hammering action. Finally, into bedrock. COK will use the vibratory water depths up to 110 feet deep and on 4 of the 6 piles, a smaller 12-inch hammer to remove the temporary will be driven through approximately 10 diameter DTH device will be used to template piles at the MD#2 after the feet of loose overburden substrate. drill a rock anchor hole into bedrock 60- permanent piles have been installed. Due to the nature of deep-water pile feet past the pile tip. A 14-inch casing Installation of permanent piles at both installation in loose sediment, a variety will be inserted into the pile and a 12- MD#3 and MD#4 is identical to that of means and methods are required to inch hole will be hammered up to 60 described for installation of permanent install a single pile. Each pile will be feet in depth from the base of the rock piles MD#2. Although additional installed using a combination of socket. The 12-inch hole for the rock construction actions will be required, installation methods: vibratory hammer, anchor is hammered beneath the pile tip the final installation of piles at MD#3 impact hammer, and DTH pile from within the hollow pipe pile. Three and MD#4 represents the end of all in- installation. COK may alternate between anchor rods will be inserted inside the water construction activities. installation methods depending on the casing; extending all the way from the Proposed mitigation, monitoring, and conditions encountered. Only one top of pile to the tip of the hammered reporting measures are described in installation method will occur at a time. 12-inch hole. The hammered 12-inch detail later in this document (please see COK may also be required to splice on hole and casing will be filled with grout Proposed Mitigation and Proposed additional lengths of pile (i.e. weld piles after component installation. Monitoring and Reporting). together to make them longer) with up Description of Marine Mammals in the to three splices expected per pile. Piles Temporary template piles will be Area of Specified Activities will be initially driven with a vibratory required for installation of the hammer from a barge-based crane. permanent piles at MD#2 and will be Sections 3 and 4 of the application Following vibratory driving, an impact removed after permanent dolphin piles summarize available information hammer will be used to seat the piles have been installed. Template piles are regarding status and trends, distribution firmly into bedrock. not necessary at the MD#3 and MD#4 and habitat preferences, and behavior COK will initially vibratory drive all because the dock structure can be used and life history, of the potentially permanent piles to first refusal which in lieu of temporary template piles. affected species. Additional information occurs when they are unable to advance Temporary template piles will include regarding population trends and threats the pile tip any further with a vibratory up to eight 30-inch (0.76 m) diameter may be found in NMFS’s Stock hammer. This will likely occur at piles or smaller. Once installed, each Assessment Reports (SARs; https:// bedrock elevation. COK will seat (or temporary template pile will measure www.fisheries.noaa.gov/national/ secure) tip of pile into bedrock with an around 150-feet (46 m) in length and marine-mammal-protection/marine- impact hammer usually to a depth of 1 will consist of up to two sections that mammal-stock-assessments) and more to 2 feet info fractured bedrock. Once will be spliced together as they are general information about these species the pile has been seated (or secured) installed. Installation methods for the (e.g., physical and behavioral into bedrock with the impact hammer, temporary template piles will be similar descriptions) may be found on NMFS’s DTH equipment will be employed to to those applied for installation of website (https:// create hammered rock sockets. Due to permanent dolphin piles. COK will www.fisheries.noaa.gov/find-species). limited overburden, all piles will initially vibratory drive all temporary Table 2 lists all species or stocks for require hammered rock sockets using piles to first refusal. COK will then seat which take is expected and proposed to DTH equipment. Sockets up to 20 feet the tip of pile into bedrock with an be authorized for this action, and

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summarizes information related to the described in NMFS’s SARs). While no abundance estimates for most species population or stock, including mortality is anticipated or authorized represent the total estimate of regulatory status under the MMPA and here, PBR and annual serious injury and individuals within the geographic area, Endangered Species Act (ESA) and mortality from anthropogenic sources if known, that comprises that stock. For potential biological removal (PBR), are included here as gross indicators of some species, this geographic area may where known. For taxonomy, we follow the status of the species and other extend beyond U.S. waters. All managed Committee on Taxonomy (2020). PBR is threats. stocks in this region are assessed in defined by the MMPA as the maximum Marine mammal abundance estimates NMFS’s U.S. Alaska SARs (Muto et al. number of animals, not including presented in this document represent 2020). All values presented in Table 2 natural mortalities, that may be removed the total number of individuals that are the most recent available at the time from a marine mammal stock while make up a given stock or the total of publication and are available in the allowing that stock to reach or maintain number estimated within a particular 2019 SARs (Muto et al., 2020). its optimum sustainable population (as study or survey area. NMFS’s stock TABLE 2—MARINE MAMMALS THAT COULD OCCUR IN THE PROPOSED PROJECT AREA

ESA/ MMPA Stock abundance Nbest, Annual Common name Scientific name MMPA stock status; (CV, N , most recent PBR 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, 801 139 2016). Family Balaenidae: Humpback whale ...... Megaptera novaeangliae ...... Central North Pacific ...... -, -,Y 10,103 (0.3; 7,891; 2006) 83 25 Minke whale ...... Balaenoptera acutorostrata ...... Alaska ...... -, -, N N.A...... N.A. 0

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

Family Delphinidae: Killer whale ...... Orcinus orca ...... Alaska Resident ...... -, -, N 2,347 (N.A.; 2,347; 2012) 24 1 West Coast Transient ...... -, -, N 243 (N.A, 243, 2009) ...... 2.4 0 Northern Resident ...... -, -, N 302 (N.A.; 302, 2018) ..... 2.2 0.2 Gulf of Alaska, Aleutian Islands, -, -, N 587 (N.A.;587; 2012 ...... 5.87 1 and Bering Sea Transient. Pacific white-sided dolphin Lagenorhynchus obliquidens .... North Pacific ...... -, -, N 26,880 (N.A.; N.A.; 1990) N.A. 0 Family Phocoenidae: Harbor porpoise ...... Phocoena phocoena ...... Southeast Alaska ...... -, -, Y 1,354 (0.10; 896; 2012) .. 8.95 34 Dall’s porpoise ...... Phocoenoides dalli ...... Alaska ...... -, -, N 83,400 (0.097; N.A.; N.A. 38 1991.

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... -, -, N 43,201 (N.A.; 43,201; 2,592 112 2017). Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina richardii ...... Clarence Strait ...... -, -, N 27,659 (N.A.; 24,854; 746 40 2015). 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (N.A.). 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.

As indicated above, all nine species California, Mexico to the arctic waters of (Sitkiewicz 2020). However a gray (with 12 managed stocks) in Table 2 the Bering and Chukchi Seas. Gray whale could migrate through or near the temporally and spatially co-occur with whales are generally solitary creatures Dixon Entrance during November, and the activity to the degree that take is and travel together alone or in small possibly travel up the Nichols Channel reasonably likely to occur, and we have groups (NMFS 2020f). into the action area as it extends into the proposed authorizing it. Gray whales are rare in the action area Revillagigedo Channel. Gray Whale and unlikely to occur in Tongass Humpback Whale Narrows. They were not observed Gray whales are distributed during the Dahlheim et al. (2009) The humpback whale is distributed throughout the North Pacific Ocean and surveys of Alaska’s inland waters with worldwide in all ocean basins. are found primarily in shallow coastal surveys conducted in the spring, Relatively high densities of humpback waters (NMFS 2020f; Muto et al. 2020). summer and fall months. No gray whales are found in feeding grounds in Gray whales in the Eastern North Pacific whales were reported during the COK Southeast Alaska and northern British stock range from the southern Gulf of Rock Pinnacle Blasting Project Columbia, particularly during summer

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months. Based on extensive photo Southeast Alaska is considered a frequency of killer whales passing identification data. biologically important area (BIA) for through the action area is estimated to Humpbacks migrate to Alaska to feed feeding humpback whales between be once per month (Frietag 2017). after months of fasting in low latitude March and May (Ferguson et al., 2015). Killer whales occurring near breeding grounds. The timing of Most humpback whales migrate to other Ketchikan could belong to one of four migration varies among individuals: regions during the winter to breed, but different stocks: Eastern North Pacific Most humpbacks begin returning to rare events of over-wintering Alaska resident stock (Alaska residents); Alaska in spring and most depart Alaska humpbacks have been noted (Straley Eastern North Pacific Northern resident for southern breeding grounds in fall or 1990). It is thought that those stock (Northern residents); Gulf of winter. Peak numbers of humpbacks in humpbacks that remain in Southeast Alaska, Aleutian Islands, and Bering Sea Southeast Alaska occur during late Alaska do so in response to the transient stock (Gulf of Alaska summer to early fall, but because there availability of winter schools of fish transients); or West Coast transient stock is significant overlap between departing prey (Straley 1990).Critical habitat was (Muto et al., 2020). The Northern and returning whales, humpbacks can proposed for designation on October 9, resident stock is a transboundary stock, be found in Alaska feeding grounds in 2019 by NMFS (84 FR 54354). A final and includes killer whales that frequent every month of the year (Baker et al. determination was not issued at the British Columbia, Canada, and 1985, Straley 1990, Witteveen and time of this writing. Proposed Critical southeastern Alaska (Muto et al., 2018). Wynne 2009). There is also an apparent Habitat Unit 10 Southeast Alaska In recent years, a small number of the increase in the number of humpbacks encompasses the action area; however, Gulf of Alaska transients (identified by overwintering in feeding grounds in the Department of Defense petitioned genetics and association) have been seen Alaska, including reports in Ketchikan for an exclusion of a portion of the Unit in southeastern Alaska; previously only during some years in the winter (Straley 10 due to national security reasons. As West Coast transients had been seen in et al. 2017, Liddle 2015, 84 FR 36891; a result, the boundary of Unit 10 was southeastern Alaska (Muto et al., 2020). July 30, 2019). redefined to exclude Tongass Narrows Therefore, the Gulf of Alaska transient In 2016 NMFS revised the ESA listing and vicinity from the proposed critical stock occupies a range that includes of humpback whales (81 FR 62259; habitat designation, including the southeastern Alaska. The West Coast September 8, 2016). NMFS is in the proposed action area. transient stock includes animals that process of reviewing humpback whale occur in California, Oregon, stock structure and abundance under Minke Whale Washington, British Columbia and the MMPA in light of the ESA revisions. Minke whales are widely distributed southeastern (Muto et al., 2020). The MMPA stock in southeast Alaska is throughout the northern hemisphere Despite being rare in occurrence considered to be the Central North and are found in both the Pacific and during the proposed time of Pacific stock. Humpbacks from 2 of the Atlantic oceans. Minke whales in construction (pods expected to absent 14 newly identified Distinct Population Alaska are considered migratory. During more often than present), it must be Segments (DPSs) occur in the project summer months are typically found in acknowledged that killer whales often area: The Mexico DPS, which is a the Arctic and during winter months travel in pods and would occur as such threatened species; and the Hawaii DPS, found near the equator (NMFS 2020e). if they were to occur at all in the project which is not listed under the ESA. There are no known occurrences of area. While killer whales can be NMFS considers humpback whales in minke whales within the action area. common, they are not known to linger Southeast Alaska to be 94 percent Since their ranges extend into the in Tongass Narrows or other similar comprised of the Hawaii DPS and 6 project area and they have been environments. During the COK’s percent of the Mexico DPS (Wade et al., observed in southeast Alaska, including monitoring for the Rock Pinnacle 2016). Humpback whales occur in Clarence Strait (Dahlheim et al. Removal project in December 2019 and frequently in Tongass Narrows and the 2009), it is possible the species could January 2020, no killer whales were adjacent Clarence Strait during summer occur near the project area. During the observed. and fall months to feed. Data on the surveys by Dalheim et al. (2009), all but distribution suggests that both the one encounter was with a single whale Pacific White-Sided Dolphin Mexico and Hawaii Distinct Population and, although infrequent, minke whales There are three stocks of the Pacific Segments (DPS) of humpback whales were observed during all seasons white-sided dolphin in U.S. waters. may be present in the Tongass Narrows surveyed (spring, summer and fall). No Only the North Pacific stock is found area. The Alaska Department of Fish minke whales where reported during within the action area. The Pacific and Game reports that humpback the COK Rock Pinnacle Blasting Project white-sided dolphin is distributed whales occur in Clarence Strait year- (Sitkiewicz 2020). throughout the temperate north Pacific round, with numbers peaking in May Ocean, north of Baja California to and June and falling off from July to Killer Whale Alaska’s southern coastline and September (ADF&G 2020). Local No systematic studies of killer whales Aleutian Islands. The North Pacific anecdotal reports indicate that have been conducted in or around Stock ranges from Canada into Alaska humpback whales are becoming more Tongass Narrows. Killer whales have (Muto et al. 2019). common and abundant in Tongass been observed in Tongass Narrows year- Dalheim et al. (2009) frequently Narrows during August and September, round and are most common during the encountered Pacific white-sided which is consistent with research in summer Chinook salmon run (May- dolphin in Clarence Strait with Southeast Alaska. July). During the Chinook salmon run, significant differences in mean group The COK Rock Pinnacle project Ketchikan residents have reported pods size and rare enough encounters to limit reported one humpback whale sighting of 20–30 whales and during the 2016/ the seasonality investigation to a of one individual during the project 2017 winter a pod of 5 whales was qualitative note that spring featured the (December 2019 through January 2020). observed in Tongass Narrows (84 FR highest number of animals observed. The sighting was 55 minutes post-blast 36891; July 30, 2019). Typical pod sizes These observations were noted most and not recorded as a take (Sitkiewicz observed within the project vicinity typically in open strait environments, 2020). range from 1 to 10 animals and the near the open ocean. Mean group size

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was over 20, with no recorded winter mean group size of Dall’s porpoise in harbor seal haulouts within the project observations nor observations made in Southeast Alaska is estimated at area. According to the list of harbor seal the Nichols Passage or Behm Canal, approximately three individuals haulout locations, the closest listed located on either side of the Tongass (Dahlheim et al., 2009; Jefferson et al., haulouts are located off the tip of Narrows. Though generally preferring 2019). However, in the Ketchikan Gravina Island, approximately 8 more pelagic, open-water environments, vicinity, Dall’s porpoises are reported to kilometers (5 miles) northwest of Ward Pacific white-sided dolphin could be typically occur in groups of 10–15 Cove (AFSC 2018). present within the action area during animals, with an estimated maximum Steller Sea Lion the construction period. group size of 20 animals (Freitag 2017). There were no sightings of Pacific Jefferson et al. (2019) presents historical The Steller sea lion is the largest of white-sided dolphins during the COK survey data showing few sightings in the eared seals, ranging along the North Rock Pinnacle Blasting Project during the Ketchikan area, and based on these Pacific Rim from northern Japan to monitoring surveys conducted in occurrence patterns, concludes that California, with centers of abundance December 2019 and January 2020 Dall’s porpoise rarely come into narrow and distribution in the Gulf of Alaska (Sitkiewicz 2020). waterways, like Tongass Narrows. and Aleutian Islands. They are common Anecdotal reports suggest that Dall’s throughout the inside waters of Harbor Porpoise porpoises are found northwest of southeast Alaska and reside in areas In the eastern North Pacific Ocean, Ketchikan near the Guard Islands, nearby Tongass Narrows, but are not the harbor porpoise ranges from Point where waters are deeper, as well as in commonly observed in Tongass Narrows Barrow, along the Alaska coast, and deeper waters to the southeast of outside of the Chinook salmon run. down the west coast of North America Tongass Narrows. Overall, sightings of There are several mapped and to Point Conception, California. The Dall’s porpoise are infrequent near regularly monitored long-term Steller Southeast Alaska stock ranges from Ketchikan, but they could be present on sea lion haulouts surrounding Cape Suckling to the Canadian border any given day during the construction Ketchikan, such as Grindall island (Muto et al. 2019). Harbor porpoises period. (approximately 20 miles (58 km) from frequent primarily coastal waters in Ketchikan), West Rocks (36 miles/58 Southeast Alaska (Dahlheim et al. 2009) Harbor Seal km), or Nose Point (37 miles/60 km), but and occur most frequently in waters less Harbor seals inhabit coastal and none within Tongass Narrows (Fritz et than 100 meters (328 feet) deep estuarine waters off Alaska. They haul al., 2015). Sea lions are rarely observed (Dahlheim et al. 2015). The mean group out on rocks, reefs, beaches, and drifting in the Tongass narrows during the size of harbor porpoise in Southeast glacial ice. They are opportunistic winter. Fritz et al. (2015) reported adult Alaska is estimated at two individuals feeders and often adjust their counts at Grindall Island, located (Dahlheim et al., 2009). They tend to distribution to take advantage of locally approximately 20 miles (32 km) away avoid areas with elevated levels of and seasonally abundant prey (Womble from the project area, averaged about vessel activity and noise such as et al., 2009, Allen and Angliss, 2015). 190 between 2002 and 2015. No pups Tongass Narrows. Harbor seals occurring in the project were recorded during this timeframe. Studies of harbor porpoises reported area belong to the Clarence Strait stock. West Rock averaged over 650 adults no evidence of seasonal changes in Distribution of the Clarence Strait stock with 0 to 3 pups observed over the same distribution for the inland waters of ranges from the east coast of Prince of timeframe. These long-term and Southeast Alaska (Dahlheim et al. 2009). Wales Island from Cape Chacon north seasonal haulouts are important habitat Ketchikan area densities are expected to through Clarence Strait to Point Baker for Steller sea lions, but all are outside be low. While less common within the and along the east coast of Mitkof and of the action area. However, due to the Tongass Narrows than nearby areas, Kupreanof Islands north to Bay Point, proximity of the Grindall Island haulout harbor porpoise could potentially pass including Ernest Sound, Behm Canal, and the possibility of Steller sea lion through the area and/or occupy the and Pearse Canal (Muto et al. 2020). The movement around this haulout, they are Revillagigedo Channel year-round. Note latest stock assessment analysis potentially present year-round within that their small overall size, lack of a indicates that the current 8-year the action area. estimate of the Clarence Strait visible blow, low dorsal fins and overall Marine Mammal Hearing low profile, and short surfacing time population trend is +138 seals per year, make them difficult to spot (Dahlheim et with a probability that the stock is Hearing is the most important sensory al. 2015). decreasing of 0.413 (Muto et al., 2020). modality for marine mammals Marine mammal monitoring In the project area, they tend to be more underwater, and exposure to associated with the COK Rock Pinnacle abundant during spring, summer and anthropogenic sound can have Removal project did not observe any fall months when salmon are present in deleterious effects. To appropriately harbor porpoise during surveys Ward Creek. Anecdotal evidence assess the potential effects of exposure conducted in December 2019 and indicates that harbor seals typically to sound, it is necessary to understand January 2020 (Sitkiewicz 2020). occur in groups of 1–3 animals in Ward the frequency ranges marine mammals Cove (Spokely 2019). They were not are able to hear. Current data indicate Dall’s Porpoise observed in Tongass Narrows during a that not all marine mammal species Dall’s porpoises are found throughout combined 63.5 hours of marine mammal have equal hearing capabilities (e.g., the North Pacific, from southern Japan monitoring that took place in 2001 and Richardson et al., 1995; Wartzok and to southern California north to the 2016 (OSSA 2001, Turnagain 2016). The Ketten, 1999; Au and Hastings, 2008). Bering Sea. All Dall’s porpoises in COK conducted pinnacle rock blasting To reflect this, Southall et al., (2007) Alaska are members of the Alaska stock. in December 2019 and January 2020 recommended that marine mammals be This species can be found in offshore, near the vicinity of the proposed project divided into functional hearing groups inshore, and nearshore habitat. and recorded a total of 21 harbor seal based on directly measured or estimated Jefferson et al. (2019) presents sightings of 24 individuals over 76.2 hearing ranges based on available historical survey data showing few hours of pre- and post-blast monitoring behavioral response data, audiograms sightings in the Ketchikan area. The (Sitkiewicz 2020). There are no known derived using auditory evoked potential

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techniques, anatomical modeling, and these marine mammal hearing groups. bound was deemed to be biologically other data. Note that no direct Generalized hearing ranges were chosen implausible and the lower bound from measurements of hearing ability have based on the approximately 65 decibel Southall et al., (2007) retained. Marine been successfully completed for (dB) threshold from the normalized mammal hearing groups and their mysticetes (i.e., low-frequency composite audiograms, with the associated hearing ranges are provided cetaceans). Subsequently, NMFS (2018) exception for lower limits for low- in Table 3. described generalized hearing ranges for frequency cetaceans where the lower

TABLE 3—MARINE MAMMAL HEARING GROUPS (NMFS, 2018)

Generalized hearing Hearing group range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz 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 to impact marine mammal species or the local environment or could form a group was modified from Southall et al. stocks. distinctive signal that may affect marine (2007) on the basis of data indicating mammals. Description of Sound Sources that phocid species have consistently In-water construction activities demonstrated an extended frequency The marine soundscape is comprised associated with the project would range of hearing compared to otariids, of both ambient and anthropogenic include vibratory pile driving and pile especially in the higher frequency range sounds. Ambient sound is defined as removal, impact pile driving, and DTH (Hemila¨ et al., 2006; Kastelein et al., the all-encompassing sound in a given pile installation. The sounds produced 2009; Reichmuth and Holt, 2013). place and is usually a composite of by these activities fall into one of two For more detail concerning these sound from many sources both near and general sound types: Impulsive and groups and associated frequency ranges, far. The sound level of an area is non-impulsive. Impulsive sounds (e.g., please see NMFS (2018) for a review of defined by the total acoustical energy explosions, gunshots, sonic booms, available information. Nine mammal being generated by known and impact pile driving) are typically species (seven cetacean and two unknown sources. These sources may transient, brief (less than one second), pinniped (one otariid and one phocid) include physical (e.g., waves, wind, broadband, and consist of high peak species) have the reasonable potential to precipitation, earthquakes, ice, sound pressure with rapid rise time and co-occur with the proposed survey atmospheric sound), biological (e.g., rapid decay (ANSI 1986; NIOSH 1998; activities. Please refer to Table 2. Of the sounds produced by marine mammals, ANSI 2005; NMFS, 2018). Non- cetacean species that may be present, fish, and invertebrates), and impulsive sounds (e.g., aircraft, three are classified as low-frequency anthropogenic sound (e.g., vessels, machinery operations such as drilling or cetaceans (i.e., all mysticete species), dredging, aircraft, construction). dredging, vibratory pile driving, and two are classified as mid-frequency The sum of the various natural and active sonar systems) can be broadband, cetaceans (i.e., all delphinid and ziphiid anthropogenic sound sources at any narrowband or tonal, brief or prolonged species and the sperm whale), and two given location and time—which (continuous or intermittent), and are classified as high-frequency comprise ‘‘ambient’’ or ‘‘background’’ typically do not have the high peak cetaceans (i.e., porpoise and Kogia spp.). sound—depends not only on the source sound pressure with raid rise/decay levels (as determined by current time that impulsive sounds do (ANSI Potential Effects of Specified Activities weather conditions and levels of 1995; NIOSH 1998; NMFS 2018). The on Marine Mammals and Their Habitat biological and shipping activity) but distinction between these two sound This section includes a summary and also on the ability of sound to propagate types is important because they have discussion of the ways that components through the environment. In turn, sound differing potential to cause physical of the specified activity may impact propagation is dependent on the effects, particularly with regard to marine mammals and their habitat. The spatially and temporally varying hearing (e.g., Ward 1997 in Southall et Estimated Take section later in this properties of the water column and sea al., 2007). document includes a quantitative floor, and is frequency-dependent. As a Impact hammers operate by analysis of the number of individuals result of the dependence on a large repeatedly dropping a heavy piston onto that are expected to be taken by this number of varying factors, ambient a pile to drive the pile into the substrate. activity. The Negligible Impact Analysis sound levels can be expected to vary Sound generated by impact hammers is and Determination section considers the widely over both coarse and fine spatial characterized by rapid rise times and content of this section, the Estimated and temporal scales. Sound levels at a high peak levels, a potentially injurious Take section, and the Proposed given frequency and location can vary combination (Hastings and Popper, Mitigation section, to draw conclusions by 10–20 dB from day to day 2005). Vibratory hammers install piles regarding the likely impacts of these (Richardson et al., 1995). The result is by vibrating them and allowing the activities on the reproductive success or that, depending on the source type and weight of the hammer to push them into survivorship of individuals and how its intensity, sound from the specified the sediment. Vibratory hammers those impacts on individuals are likely activity may be a negligible addition to produce significantly less sound than

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impact hammers. Peak sound pressure noise in a marine mammal’s habitat can that, for various ethical reasons, levels (SPLs) may be 180 dB or greater, mask acoustic cues used by marine experiments involving anthropogenic but are generally 10 to 20 dB lower than mammals to carry out daily functions noise exposure at levels inducing PTS SPLs generated during impact pile such as communication and predator are not typically pursued or authorized driving of the same-sized pile (Oestman and prey detection. The effects of pile (NMFS 2018). et al., 2009). Rise time is slower, driving and removal noise on marine Temporary Threshold Shift (TTS)—A reducing the probability and severity of mammals are dependent on several temporary, reversible increase in the injury, and sound energy is distributed factors, including, but not limited to, threshold of audibility at a specified over a greater amount of time (Nedwell sound type (e.g., impulsive vs. non- frequency or portion of an individual’s and Edwards 2002; Carlson et al., 2005). impulsive), the species, age and sex hearing range above a previously A DTH hammer is used to place hollow class (e.g., adult male vs. mom with established reference level (NMFS, steel piles or casings by drilling. A DTH calf), duration of exposure, the distance 2018). Based on data from cetacean TTS hammer is a drill bit that drills through between the pile and the animal, measurements (see Southall et al., the bedrock using a pulse mechanism received levels, behavior at time of 2007), a TTS of 6 dB is considered the that functions at the bottom of the hole. exposure, and previous history with minimum threshold shift clearly larger This pulsing bit breaks up rock to allow exposure (Wartzok et al., 2004; Southall than any day-to-day or session-to- removal of debris and insertion of the et al., 2007). Here we discuss physical session variation in a subject’s normal pile. The head extends so that the auditory effects (threshold shifts) hearing ability (Schlundt et al., 2000; drilling takes place below the pile. The followed by behavioral effects and Finneran et al., 2000, 2002). As sounds produced by DTH hammers potential impacts on habitat. described in Finneran (2015), marine were previously thought to be NMFS defines a noise-induced mammal studies have shown the continuous. However, recent sound threshold shift (TS) as a change, usually amount of TTS increases with source verification (SSV) monitoring has an increase, in the threshold of cumulative sound exposure level shown that DTH hammer can create audibility at a specified frequency or (SELcum) in an accelerating fashion: At sound that can be considered impulsive portion of an individual’s hearing range low exposures with lower SELcum, the (Denes et al. 2019). Since sound from above a previously established reference amount of TTS is typically small and DTH activities has both impulsive and level (NMFS 2018). The amount of the growth curves have shallow slopes. continuous components, NMFS threshold shift is customarily expressed At exposures with higher SELcum, the characterizes sound from DTH pile in dB. A TS can be permanent or growth curves become steeper and installation as being impulsive when temporary. As described in NMFS approach linear relationships with the evaluating potential Level A harassment (2018), there are numerous factors to noise sound exposure level (SEL). (i.e., injury) impacts and as being non- consider when examining the Depending on the degree (elevation of impulsive when assessing potential consequence of TS, including, but not threshold in dB), duration (i.e., recovery Level B harassment (i.e. behavior) limited to, the signal temporal pattern time), and frequency range of TTS, and effects. (e.g., impulsive or non-impulsive), the context in which it is experienced, The likely or possible impacts of likelihood an individual would be TTS can have effects on marine COK’s proposed activity on marine exposed for a long enough duration or mammals ranging from discountable to mammals could involve both non- 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 include the signal’s frequency spectrum (i.e., through the open ocean, where ambient effects of heavy equipment operation how an 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. Kastelein et al., 2014), and the overlap Alternatively, a larger amount and Acoustic Impacts 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 COK’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). In indicate that a 40 dB threshold shift some degree, though likely not without general, 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 al., Currently, TTS data only exist for four in auditory threshold shifts and 1966; Miller 1974; Ahroon et al., 1996; species of cetaceans (bottlenose dolphin behavioral reactions (e.g., avoidance, Henderson et al., 2008). PTS levels for (Tursiops truncatus), beluga whale temporary cessation of foraging and marine mammals are estimates, as with (Delphinapterus leucas), harbor vocalizing, changes in dive behavior). the exception of a single study porpoise, and Yangtze finless porpoise Exposure to anthropogenic noise can unintentionally inducing PTS in a (Neophocoena asiaeorientalis)) and five also lead to non-observable harbor seal (Kastak et al., 2008), there species of pinnipeds exposed to a physiological responses such an are no empirical data measuring PTS in limited number of sound sources (i.e., increase in stress hormones. Additional marine mammals largely due to the fact mostly tones and octave-band noise) in

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laboratory settings (Finneran 2015). TTS individuals but also within an disturbance behaviors. Fifteen killer was not observed in trained spotted individual, depending on previous whales and three harbor porpoise were (Phoca largha) and ringed (Pusa experience with a sound source, also observed within the Level B hispida) seals exposed to impulsive context, and numerous other factors harassment zone during pile driving. noise at levels matching previous (Ellison et al., 2012), and can vary The killer whales were travelling or predictions of TTS onset (Reichmuth et depending on characteristics associated milling while all harbor porpoises were al., 2016). In general, harbor seals and with the sound source (e.g., whether it travelling. No signs of disturbance were harbor porpoises have a lower TTS is moving or stationary, number of noted for either of these species. Given onset than other measured pinniped or sources, distance from the source). In the similarities in activities and habitat cetacean species (Finneran 2015). general, pinnipeds seem more tolerant and the fact that many of the same Additionally, the existing marine of, or at least habituate more quickly to, species are involved, we expect similar mammal TTS data come from a limited potentially disturbing underwater sound behavioral responses of marine number of individuals within these than do cetaceans, and generally seem mammals to COK’s specified activity. species. No data are available on noise- to be less responsive to exposure to That is, disturbance, if any, is likely to induced hearing loss for mysticetes. For industrial sound than most cetaceans. be temporary and localized (e.g., small summaries of data on TTS in marine Please see Appendices B–C of Southall area movements). Monitoring reports mammals or for further discussion of et al., (2007) for a review of studies from other recent pile driving and DTH TTS onset thresholds, please see involving marine mammal behavioral drilling projects in Alaska have Southall et al., (2007), Finneran and responses to sound. observed similar behaviors (for example, Jenkins (2012), Finneran (2015), and Disruption of feeding behavior can be the Biorka Island Dock Replacement Table 5 in NMFS (2018). difficult to correlate with anthropogenic Project; see https:// Behavioral Harassment—Exposure to sound exposure, so it is usually inferred www.fisheries.noaa.gov/action/ noise from pile driving and removal also by observed displacement from known incidental-take-authorization-faa- has the potential to behaviorally disturb foraging areas, the appearance of biorka-island-dock-replacement-project- marine mammals. Available studies secondary indicators (e.g., bubble nets sitka-ak). show wide variation in response to or sediment plumes), or changes in dive Masking—Sound can disrupt behavior underwater sound; therefore, it is behavior. As for other types of through masking, or interfering with, an difficult to predict specifically how any behavioral response, the frequency, animal’s ability to detect, recognize, or given sound in a particular instance duration, and temporal pattern of signal might affect marine mammals presentation, as well as differences in discriminate between acoustic signals of perceiving the signal. If a marine species sensitivity, are likely interest (e.g., those used for intraspecific mammal does react briefly to an contributing factors to differences in communication and social interactions, underwater sound by changing its response in any given circumstance prey detection, predator avoidance, behavior or moving a small distance, the (e.g., Croll et al., 2001; Nowacek et al., navigation) (Richardson et al., 1995). impacts of the change are unlikely to be 2004; Madsen et al., 2006; Yazvenko et Masking occurs when the receipt of a significant to the individual, let alone al., 2007). A determination of whether sound is interfered with by another the stock or population. However, if a foraging disruptions incur fitness coincident sound at similar frequencies sound source displaces marine consequences would require and at similar or higher intensity, and mammals from an important feeding or information on or estimates of the may occur whether the sound is natural breeding area for a prolonged period, energetic requirements of the affected (e.g., snapping shrimp, wind, waves, impacts on individuals and populations individuals and the relationship precipitation) or anthropogenic (e.g., could be significant (e.g., Lusseau and between prey availability, foraging effort pile driving, shipping, sonar, seismic Bejder 2007; Weilgart 2007; NRC 2005). and success, and the life history stage of exploration) in origin. The ability of a Disturbance may result in changing the animal. noise source to mask biologically durations of surfacing and dives, In 2016, the Alaska Department of important sounds depends on the number of blows per surfacing, or Transportation and Public Facilities characteristics of both the noise source moving direction and/or speed; (ADOT&PF) documented observations and the signal of interest (e.g., signal-to- reduced/increased vocal activities; of marine mammals during construction noise ratio, temporal variability, changing/cessation of certain behavioral activities (i.e., pile driving and DTH direction), in relation to each other and activities (such as socializing or drilling) at the Kodiak Ferry Dock (see to an animal’s hearing abilities (e.g., feeding); visible startle response or 80 FR 60636; October 7, 2015). In the sensitivity, frequency range, critical aggressive behavior (such as tail/fluke marine mammal monitoring report for ratios, frequency discrimination, slapping or jaw clapping); avoidance of that project (ABR 2016), 1,281 Steller directional discrimination, age or TTS areas where sound sources are located. sea lions were observed within the hearing loss), and existing ambient Pinnipeds may increase their haul out Level B disturbance zone during pile noise and propagation conditions. time, possibly to avoid in-water driving or drilling (i.e., documented as Masking of natural sounds can result disturbance (Thorson and Reyff 2006). Level B harassment take). Of these, 19 when human activities produce high Behavioral responses to sound are individuals demonstrated an alert levels of background sound at highly variable and context-specific and behavior, 7 were fleeing, and 19 swam frequencies important to marine any reactions depend on numerous away from the project site. All other mammals. Conversely, if the intrinsic and extrinsic factors (e.g., animals (98 percent) were engaged in background level of underwater sound species, state of maturity, experience, activities such as milling, foraging, or is high (e.g. on a day with strong wind current activity, reproductive state, fighting and did not change their and high waves), an anthropogenic auditory sensitivity, time of day), as behavior. In addition, two sea lions sound source would not be detectable as well as the interplay between factors approached within 20 meters of active far away as would be possible under (e.g., Richardson et al., 1995; Wartzok et vibratory pile driving activities. Three quieter conditions and would itself be al., 2003; Southall et al., 2007; Weilgart harbor seals were observed within the masked. The Ketchikan area contains 2007; Archer et al., 2010). Behavioral disturbance zone during pile driving active commercial shipping, cruise ship reactions can vary not only among activities; none of them displayed and ferry operations, as well as

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numerous recreational and other expected to result in long-term effects to In-Water Construction Effects on commercial vessels; therefore, the individuals or populations. Potential Prey (Fish) background sound levels in the area are In-water pile driving, pile removal, Construction activities would produce already elevated. and DTH pile installation activities continuous (i.e., vibratory pile driving Airborne Acoustic Effects—Pinnipeds would also cause short-term effects on and DTH pile installation) and pulsed that occur near the project site could be water quality due to increased turbidity. (i.e. impact driving, DTH pile exposed to airborne sounds associated Local strong currents are anticipated to installation) sounds. Fish react to with pile driving, pile removal and DTH disburse suspended sediments sounds that are especially strong and/or pile installation that have the potential produced by project activities at intermittent low-frequency sounds. to cause behavioral harassment, moderate to rapid rates depending on Short duration, sharp sounds can cause depending on their distance from pile tidal stage. COK would employ other overt or subtle changes in fish behavior driving activities. Cetaceans are not standard construction best management and local distribution. Hastings and expected to be exposed to airborne practices, thereby reducing any impacts. Popper (2005) identified several studies sounds that would result in harassment Therefore, the impact from increased that suggest fish may relocate to avoid as defined under the MMPA. turbidity levels is expected to be certain areas of sound energy. Airborne noise would primarily be an discountable. issue for pinnipeds that are swimming Additional studies have documented or hauled out near the project site In-Water Construction Effects on effects of pile driving on fish, although within the range of noise levels Potential Foraging Habitat several are based on studies in support exceeding the acoustic thresholds. We The area likely impacted by the of large, multiyear bridge construction recognize that pinnipeds in the water project is relatively small compared to projects (e.g., Scholik and Yan, 2001, could be exposed to airborne sound that the available habitat (e.g., most of the 2002; Popper and Hastings, 2009). may result in behavioral harassment impacted area is limited to Tongass Sound pulses at received levels of 160 when looking with their heads above Narrows) and does not contain habitat dB may cause subtle changes in fish water. Most likely, airborne sound of known importance, other than being behavior. SPLs of 180 dB may cause would cause behavioral responses designated as a feeding BIA for noticeable changes in behavior (Pearson similar to those discussed above in humpback whales during the spring. et al., 1992; Skalski et al., 1992). SPLs relation to underwater sound. For However, the entirety of southeast of sufficient strength have been known instance, anthropogenic sound could Alaska is considered a feeding BIA for to cause injury to fish and fish cause hauled-out pinnipeds to exhibit humpback whales of which Tongass mortality. changes in their normal behavior, such Narrows represents only a small The most likely impact to fish from as reduction in vocalizations, or cause segment. Additionally, the project area pile driving and drilling activities at the them to temporarily abandon the area is highly influenced by anthropogenic project area would be temporary and move further from the source. activities. behavioral avoidance of the area. The However, these animals would Pile installation/removal and drilling duration of fish avoidance of this area previously have been taken by Level B may temporarily increase turbidity after pile driving stops is unknown, but harassment because of exposure to resulting from suspended sediments. a rapid return to normal recruitment, underwater sound above the behavioral Any increases would be temporary, distribution and behavior is anticipated. harassment thresholds, which are, in all localized, and minimal. COK must There are times of known seasonal cases, larger than those associated with comply with state water quality marine mammal foraging in Tongass airborne sound. Therefore, we do not standards during these operations by Narrows around fish processing/ believe that authorization of incidental using silt curtains and removing all hatchery infrastructure or when fish are take resulting from airborne sound for sediments captured as drill cutting congregating, but the impacted areas of pinnipeds is warranted, and airborne discharge to upland disposal sites. In Tongass Narrows are a small portion of sound is not discussed further here. general, turbidity associated with pile the total foraging habitat available in the installation is localized to about a 25- region. In general, impacts to marine Marine Mammal Habitat Effects foot (7.6 m) radius around the pile mammal prey species are expected to be COK’s construction activities could (Everitt et al., 1980). Any pinnipeds minor and temporary due to the short have localized, temporary impacts on would be transiting the area and could timeframe of the project and the small marine mammal habitat by increasing avoid localized areas of turbidity. project footprint. in-water sound pressure levels and Therefore, the impact from increased Construction activities, in the form of slightly decreasing water quality. turbidity levels is expected to be increased turbidity, have the potential Construction activities are of short discountable to marine mammals. to adversely affect forage fish and duration and would likely have Furthermore, pile driving and removal juvenile salmonid outmigratory routes temporary impacts on marine mammal at the project site would not obstruct in the project area. Both herring and habitat through increases in underwater movements or migration of marine salmon form a significant prey base for sound. Increased noise levels may affect mammals. Steller sea lions, herring is a primary acoustic habitat (see masking discussion Avoidance by potential prey (i.e., fish) prey species of humpback whales, and above) and adversely affect marine of the immediate area due to the both herring and salmon are mammal prey in the vicinity of the temporary loss of this foraging habitat is components of the diet of many other project area (see discussion below). also possible. The duration of fish marine mammal species that occur in During pile driving, elevated levels of avoidance of this area after pile driving the project area. Increased turbidity is underwater noise would ensonify the stops is unknown, but a rapid return to expected to occur in the immediate area where both fish and mammals may normal recruitment, distribution and vicinity (on the order of 25 feet (7.6 m) occur and could affect foraging success. behavior is anticipated. Any behavioral or less) of construction activities. Additionally, marine mammals may avoidance by fish of the disturbed area However, suspended sediments and avoid the area during construction, would still leave significantly large particulates are expected to dissipate however, displacement due to noise is areas of fish and marine mammal quickly within a single tidal cycle. expected to be temporary and is not foraging habitat in the nearby vicinity. Given the limited area affected and high

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tidal dilution rates any effects on forage acoustic sources (i.e., vibratory or source (e.g., frequency, predictability, fish and salmon are expected to be impact pile driving or DTH pile duty cycle), the environment (e.g., minor or negligible. In addition, best installation) has the potential to result bathymetry), and the receiving animals management practices would be in in disruption of behavioral patterns for (e.g., hearing, motivation, experience, effect, which would limit the extent of individual marine mammals. There is demography, behavioral context) and turbidity to the immediate project area. also some potential for auditory injury can be difficult to predict (Southall et Finally, exposure to turbid waters from (Level A harassment) to result, primarily al., 2007, Ellison et al., 2012). Based on construction activities is not expected to for high frequency cetacean species and what the available science indicates and be different from the current exposure; phocid pinnipeds. Auditory injury is the practical need to use a threshold fish and marine mammals in the unlikely to occur in low-frequency and based on a factor that is both predictable Tongass Narrows region are routinely mid-frequency cetacean species and and measurable for most activities, exposed to substantial levels of otariid pinnipeds. The proposed NMFS uses a generalized acoustic suspended sediment from glacial mitigation and monitoring measures are threshold based on received level to sources. expected to minimize the severity of the estimate the onset of behavioral In summary, given the temporary taking to the extent practicable. harassment. NMFS predicts that marine nature of the construction project and As described previously, no mortality mammals are likely to be behaviorally relatively small areas being affected, is anticipated or proposed to be harassed in a manner we consider Level pile driving and removal activities authorized for this activity. Below we B harassment when exposed to associated with the proposed action are describe how the take is estimated. underwater anthropogenic noise above not likely to have a permanent, adverse Generally speaking, we estimate take received levels of 120 dB re 1 mPa (rms) effect on any fish habitat, or populations by considering: (1) Acoustic thresholds for continuous (e.g., vibratory pile- of fish species. Thus, we conclude that above which NMFS believes the best driving, drilling) and above 160 dB re 1 impacts of the specified activity are not available science indicates marine mPa (rms) for non-explosive impulsive likely to have more than short-term mammals will be behaviorally harassed (e.g., seismic airguns) or intermittent adverse effects on any prey habitat or or incur some degree of permanent (e.g., scientific sonar) sources. populations of prey species. Further, hearing impairment; (2) the area or COK’s proposed activity includes the any impacts to marine mammal habitat volume of water that will be ensonified use of continuous (vibratory pile are not expected to result in significant above these levels in a day; (3) the driving, DTH pile installation) and or long-term consequences for density or occurrence of marine impulsive (impact pile driving), sources, individual marine mammals, or to mammals within these ensonified areas; and therefore the 120 and 160 dB re 1 contribute to adverse impacts on their and, (4) and the number of days of mPa (rms) criteria are applicable. populations. activities. We note that while these basic factors can contribute to a basic Level A harassment for non-explosive Estimated Take calculation to provide an initial sources—NMFS’ Technical Guidance This section provides an estimate of prediction of takes, additional for Assessing the Effects of the number of incidental takes proposed information that can qualitatively Anthropogenic Sound on Marine for authorization through this IHA, inform take estimates is also sometimes Mammal Hearing (Version 2.0) which will inform both NMFS’ available (e.g., previous monitoring (Technical Guidance, 2018) identifies consideration of ‘‘small numbers’’ and results or average group size). Below, we dual criteria to assess auditory injury the negligible impact determination. describe the factors considered here in (Level A harassment) to five different Harassment is the only type of take more detail and present the proposed marine mammal groups (based on expected to result from these activities. take estimate. hearing sensitivity) as a result of Except with respect to certain activities exposure to noise from two different not pertinent here, section 3(18) of the Acoustic Thresholds types of sources (impulsive or non- MMPA defines ‘‘harassment’’ as any act NMFS recommends the use of impulsive). COK’s proposed activity of pursuit, torment, or annoyance, acoustic thresholds that identify the includes the use of impulsive (impact which (i) has the potential to injure a received level of underwater sound pile driving, DTH pile installation) and marine mammal or marine mammal above which exposed marine mammals non-impulsive (vibratory pile driving/ stock in the wild (Level A harassment); would be reasonably expected to be removal, DTH pile installation) sources. or (ii) has the potential to disturb a behaviorally harassed (equated to Level These thresholds are provided in marine mammal or marine mammal B harassment) or to incur PTS of some Table 4. The references, analysis, and stock in the wild by causing disruption degree (equated to Level A harassment). methodology used in the development of behavioral patterns, including, but Level B Harassment for non-explosive of the thresholds are described in NMFS not limited to, migration, breathing, sources—Though significantly driven by 2018 Technical Guidance, which may nursing, breeding, feeding, or sheltering received level, the onset of behavioral be accessed at https:// (Level B harassment). disturbance from anthropogenic noise www.fisheries.noaa.gov/national/ Authorized takes would primarily be exposure is also informed to varying marine-mammal-protection/marine- by Level B harassment, as use of the degrees by other factors related to the mammal-acoustic-technical-guidance.

TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

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

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB: LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB: LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB: LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB: LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB.

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TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT—Continued

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

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

Ensonified Area of representative source levels (see al. 2019; Reyff and Heyvaert 2019). DTH Here, we describe operational and Table 5). pile installation was initially thought be Sound source levels for vibratory environmental parameters of the activity a primarily non-impulsive noise source. installation of 30-inch steel piles were that will feed into identifying the area However, Denes et al.(2019) concluded obtained by Denes et al. (2016) during ensonified above the acoustic from their study in Virginia that DTH the installation of 30-inch steel pipe thresholds, which include source levels should be characterized as impulsive piles at the Ketchikan Ferry Terminal. based on a >3 dB difference in sound and transmission loss coefficient. Vibratory removal of 30-inch piles is The sound field in the project area is pressure level in a 0.035-second expected to be quieter than installation, window (Southall et al. 2007) compared the existing background noise plus so this value is used as a proxy. Sound additional construction noise from the to a 1-second window. Therefore, DTH levels for vibratory installation of 48- pile installation is treated as both an proposed project. Marine mammals are inch steel piles were obtained by Austin expected to be affected via sound impulsive and non-impulsive noise et al. (2016) during the installation of source. In order to evaluate Level A generated by the primary components of test piles at the Port of Anchorage. The the project (i.e., vibratory pile driving, harassment, DTH pile installation applicant elected to conservatively activities are evaluated according to the vibratory pile removal, impact pile employ sound source levels for the 48- driving, and DTH pile installation). impulsive criteria and the User inch piles as a proxy to calculate Spreadsheet may be employed. Level B Vibratory hammers produce constant harassment isopleths for 36-inch piles. harassment isopleths are determined by sound when operating, and produce Sound levels for impact installation of applying non-impulsive criteria and vibrations that liquefy the sediment 30-inch steel piles were taken from using the 120 dB threshold which is surrounding the pile, allowing it to Denes et al. (2016) during the also used for vibratory driving. This penetrate to the required seating depth. installation of piles at the Ketchikan approach ensures that the largest ranges An impact hammer would then Ferry Terminal. Sound levels for impact to effect for both Level A and Level B generally be used to place the pile at its installation of 48-inch steel piles were harassment are accounted for in the take intended depth through rock or harder obtained by Austin et al. (2016) during estimation process. substrates. An impact hammer is a steel the installation of test piles at the Port device that works like a piston, of Anchorage. Overall median levels The source level employed to derive producing a series of independent were not reported for peak and single Level B harassment isopleths for DTH strikes to drive the pile. Impact strike SEL values. Therefore, the highest pile installation (both socketing and hammering typically generates the values reported for peak and single anchoring) of all pile sizes was derived loudest noise associated with pile strike SEL were used. The highest levels from the Denes et al. (2016) study at installation. The actual durations of reported were a peak of 213.2 dB re: 1 Kodiak, Alaska. The reported median each installation method vary mPa at 14 m and a single strike SEL of source value for drilling was determined depending on the type of pile, size of 186.7 dB re: 1 mPa2–sec on pile IP5 at to be 166.2 dB RMS. the pile, and substrate characteristics 11 m (Austin et al. 2016). Sound source For DTH anchoring of 12-inch holes, (e.g., bedrock). levels for 48-inch piles are used as a COK used a sound source level from In order to calculate distances to the proxy to calculate harassment isopleths Guan and Miner (2020) of 146 dB SEL Level A harassment and Level B for 36-inch piles. for Level A harassment calculations. For harassment sound thresholds for piles of DTH pile installation includes drilling DTH installation of 30 and 36-inch various sizes being used in this project, (non-impulsive sound) and hammering sockets, source levels from Reyff & NMFS used acoustic monitoring data (impulsive sound) to penetrate rocky Heyvaert (2019), Reyff (2020), and from other locations to inform selection substrates (Denes et al. 2016; Denes et Denes et al. (2019) were employed.

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TABLE 5—ESTIMATES OF MEAN UNDERWATER SOUND LEVELS GENERATED DURING VIBRATORY PILE REMOVAL, VIBRATORY PILE INSTALLATION, IMPACT PILE INSTALLATION, AND DTH PILE INSTALLATION

Sound source level at 10 meters Method and pile type Literature source SPL rms SPLPK SSSEL

Vibratory Hammer

30-inch steel piles ...... 161.9 ...... Denes et al. 2016. 36- and 48-inch steel piles ...... 168.2 ...... Austin et al. 2016.

Impact Hammer

30-inch diameters ...... 195 208.5 180.7 Austin et al. 2016. 36- and 48-inch ...... 198.6 1 213.2 2 186.7 Austin et al. 2016.

DTH Pile Installation

DTH Sockets (48-inch) ...... 166.2 ...... 168 Extrapolated from DTH SSV studies listed below; Denes et al. (2016). DTH Sockets (30-, 36-inch) ...... 166.2 194 164 Reyff & Heyvaert (2019); Reyff (2020); Denes et al. (2019); Denes et al. (2016). DTH Anchors (12-inch) ...... 166.2 172 146 Guan and Miner (2020); Denes et al. (2016). 1 Represents maximum value measured at 14 m. 2 Represents maximum value measured at 11 m. SSSEL = single strike sound exposure level; dB peak = peak sound level; rms = root mean square.

Level A Harassment Zones take. However, these tools offer the best harassment thresholds for impulsive When the NMFS Technical Guidance way to predict appropriate isopleths sound sources (impact pile driving, (2016) was published, in recognition of when more sophisticated 3D modeling DTH pile installation) are defined for the fact that ensonified area/volume methods are not available, and NMFS both SELcum and Peak SPL, with the could be more technically challenging continues to develop ways to threshold that results in the largest to predict because of the duration quantitatively refine these tools, and modeled isopleth for each marine component in the new thresholds, we will qualitatively address the output mammal hearing group used to establish developed a User Spreadsheet that where appropriate. For stationary the effective Level A harassment includes tools to help predict a simple sources such as impact driving, isopleth. Note that the peak SPL for isopleth that can be used in conjunction vibratory driving and DTH pile DTH installation of 48-in piles is with marine mammal density or installation example from project, unknown as no sound source occurrence to help predict takes. We NMFS User Spreadsheet predicts the verification testing has been conducted note that because of some of the distance at which, if a marine mammal on piles of that size. The single strike assumptions included in the methods remained at that distance the whole SEL was extrapolated using data points used for these tools, we anticipate that duration of the activity, it would incur measured for smaller piles during DTH isopleths produced are typically going PTS. installation. In this project, Level A to be overestimates of some degree, Inputs used in the User Spreadsheet harassment isopleths based on SELcum which may result in some degree of (Table 6) and the resulting isopleths are were always larger than those based on overestimate of Level A harassment reported below (Table 7). Level A Peak SPL. TABLE 6—PARAMETERS OF PILE DRIVING AND DRILLING ACTIVITY USED IN USER SPREADSHEET

Vibratory pile driv- Vibratory pile driv- DTH sockets er (Installation/re- er (Installation of Impact pile driver Impact pile driver DTH anchor Equipment type moval of 30-in 36- and 48-in (30-in steel piles) (36- and 48-in (12-in steel piles) steel piles) steel piles) steel piles) 30-, 36-in 48-in

Spreadsheet Tab Non-impulsive, Non-impulsive, Impulsive, Non- Impulsive, Non- Impulsive, Non-continuous Impulsive, Non- Used. continuous. continuous. continuous. continuous. continuous.

Source Level ...... 161.9 RMS ...... 168.2 RMS ...... 180.7 SS SEL ..... 186.7 SS SEL ..... 164 SS SEL/194 168 SS SEL ...... 146 SS SEL/172 SPLpk. SPLpk.

Weighting Factor 2.5 ...... 2.5 ...... 2 ...... 2 ...... 2 2. Adjustment (kHz).

(a) Activity duration (a) Up to 6 hrs (a) Up to 6 hrs (a) 1–10 minutes (a) 1–10 minutes (a) Up to 3 hrs (a) Up to 2 hrs (a) Up to 6 hrs (time) within 24 OR >6–8 hrs. OR >6–8 hrs. (b) Up to 500 (b) Up to 500 OR >3–6 hrs. OR >2–3 hrs OR >6–8 hrs hours. (c) 1 ...... (c) 1 ...... strikes. strikes. (c) 1 ...... OR >3–4 hrs. (c) 1. (c) 1 ...... (c) 1 ...... (c) 1 ...... (b) Number of (a) 11–20 minutes (a) 11–20 minutes strikes per pile (b) 501–1,000 (b) 501–1,000 (impact). strikes. strikes. (c) 1 ...... (c) 1..

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TABLE 6—PARAMETERS OF PILE DRIVING AND DRILLING ACTIVITY USED IN USER SPREADSHEET—Continued

Vibratory pile driv- Vibratory pile driv- DTH sockets er (Installation/re- er (Installation of Impact pile driver Impact pile driver DTH anchor Equipment type moval of 30-in 36- and 48-in (30-in steel piles) (36- and 48-in (12-in steel piles) steel piles) steel piles) steel piles) 30-, 36-in 48-in

(c) Number of piles (a) 21–30 minutes (a) 21–30 minutes per day. (b) 1,001–1,500 (b) 1,001–1,500 strikes. strikes. (c) 1 ...... (c) 1..

Propagation 15 ...... 15 ...... 15 ...... 15 ...... 15 15. (xLogR). Distance of source 10 ...... 10 ...... 10 ...... 10 ...... 10 10. level measure- ment (meters).

TABLE 7—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS (m) DURING VIBRATORY PILE INSTALLATION/ REMOVAL, IMPACT INSTALLATION AND DTH PILE INSTALLATION FOR EACH HEARING GROUP

PTS onset isopleth (m)

Source Daily duration Cetaceans Pinnipeds Low- Mid- High- frequency frequency frequency Phocid Otariid

30-inch Vibratory (Installa- Up to 6 hours ...... 25.9 2.3 38.3 15.7 1.1 tion or Removal). 7 to 8 hours ...... 31.4 2.8 46.4 19.1 1.3 36- and 48-inch Vibratory ... Up to 6 hours ...... 68.1 6 100.7 41.4 2.9 7 to 8 hours ...... 82.5 7.3 122 50.1 3.5 Down-the-Hole Socket (30-, Up to 3 hours ...... 1,225.6 43.6 1,459.9 655.9 47.8 36-inch). 4 to 6 hours ...... 1,945.5 69.3 2,317.4 1,041.2 75.8 Down-the-Hole Socket (48- Up to 2 ...... 1,728.3 61.5 2,058.7 924.9 67.3 inch). >2 to 3 hours ...... 2,264.8 80.5 2,697.7 1,212 88.2 >3 to 4 hours ...... 2,743.6 97.6 3,268 1,468.2 106.9 Down the Hole Anchor (12- Up to 6 hours ...... 122.8 4.4 146.2 65.7 4.8 inch). 7 to 8 hours ...... 148.7 5.3 177.1 79.6 5.8 30-inch Diesel Impact ...... Up to 500 strikes (1–10 442 15.7 526.4 236.5 17.2 minutes). 501–1,000 strikes (11–20 701.6 25 835.7 375.4 27.3 minutes). 1,001–1,500 strikes (21–30 919.3 32.7 1,095 492 35.8 minutes). 36- and 48-inch Diesel Im- Up to 500 strikes (1–10 1,221 43 1,455 654 48 pact. minutes). 501–1,000 strikes (11–20 1,938.5 68.9 2,309 1,037.4 75.5 minutes). 1,001–1,500 strikes (21–30 2,540.1 90.3 3,025.7 1,359.4 99 minutes).

Level B Harassment Zones the driven pile, and of 16,343 m for vibratory pile driving of R2 = the distance from the driven pile of the 36 and 48-inch diameter piles. Other Transmission loss (TL) is the decrease initial measurement in acoustic intensity as an acoustic activities, including rock anchoring and pressure wave propagates out from a The recommended TL coefficient for impact pile driving, have smaller Level source. TL parameters vary with most nearshore environments is the B harassment zones. All Level B frequency, temperature, sea conditions, practical spreading value of 15. This harassment isopleths are reported in current, source and receiver depth, value results in an expected propagation Table 8 below. It should be noted that water depth, water chemistry, and environment that would lie between based on the geography of Tongass bottom composition and topography. spherical and cylindrical spreading loss Narrows and the surrounding islands, The general formula for underwater TL conditions, which is the most sound will not reach the full distance of is: appropriate assumption for COK’s the Level B harassment isopleth. The TL = B * Log10 (R1/R2), proposed activity. largest Level B Harassment isopleth will Where Using the practical spreading model, be truncated by land masses at approximately 12,500 meters to the TL = transmission loss in dB COK determined underwater noise B = transmission loss coefficient; for practical would fall below the behavioral effects southeast and approximately 3,590 spreading equals 15 threshold of 120 dB rms for marine meters northwest of the project area. R1 = the distance of the modeled SPL from mammals at a maximum radial distance Constraining land masses include

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Revillagigedo Island, Gravina Island, during winter and spring. The average and fish processing facilities in the Pennock Island and Spire Island. group size during the fall surveys was vicinity. two whales according to Dalheim et al. Group sizes are generally 6 to 10 TABLE 8—CALCULATED LEVEL B (2009). Local reports of humpback individuals (Freitag 2017) but have been HARASSMENT ISOPLETHS whale group size in Tongass Narrows reported to reach 80 animals (Freitag are similar, with the typical size being 2017). COK assumed one large group of Behavioral between 1 and 3. During the spring 10 individuals could be present each disturbance Source isopleth months, humpback whales tend to day in the project vicinity based on HDR (m) congregate in areas outside of the (2019) and Freitag (2017) (as cited in 83 120 dB Ketchikan area, such as Lynn Canal and FR 22009; May 11, 2018). NMFS agrees 30-inch Vibratory (Installation or Re- Fredrick Sound. Therefore, it is that this daily estimate is appropriate moval) ...... 6,213 assumed that the occurrence of and therefore proposes to authorize up 36- and 48-inch Vibratory ...... 16,343 humpback whales in the project area is to 1,200 takes by Level B harassment. DTH installation (Socket, Anchor) ...... 11,660 Take by Level A harassment is not 30-inch Diesel Impact ...... 2,154 two individuals twice per week 36- and 48-inch Diesel Impact ...... 3,744 throughout the project. A group size of expected for Steller sea lions because of two was also assumed in the Biological the relatively small Level A harassment Marine Mammal Occurrence and Take Opinion provided to the U.S. Army zones for otariids (Table 7) and the Calculation and Estimation Corp of Engineers (USACE) for the expected effectiveness of the monitoring Alaska Department of Transportation & and mitigation measures discussed In this section we provide the below. information about the presence, density, Public Ferries (ADOT&PF) Berth or group dynamics of marine mammals improvement project in Tongass Harbor Seal Narrows (NMFS 2019). that will inform the take calculations. Harbor seal densities in the Tongass Note that there is no density data for Therefore, it is estimated that up to 2 Narrows area are not well known. No any of the species near the Berth III individuals could be exposed to systematic studies of harbor seals have mooring dolphin project area, therefore underwater noise twice a week during been conducted in or near Tongass the take estimate is informed by the 17 weeks of the project’s in-water Narrows. Seals are known to occur year- qualitative data. work, for a total of 68 incidents of take round with little seasonal variation in The number of marine mammals that from the Central North Pacific stock. abundance (Freitag 2017) and local may be exposed to harassment Given that 6.1 percent of all humpback experts estimate that there are about 1 thresholds is calculated by estimating whales in Southeast Alaska and to 3 harbor seals in Tongass Narrows the likelihood of a marine mammal northern British Columbia are assumed every day, in addition to those that being present within a harassment zone to be members of the Mexico DPS, while congregate near the seafood processing during the associated activities. all others are assumed to be members of plants and fish hatcheries. COK Estimated marine mammal abundance is the Hawaii DPS (Wade et al. 2016), conducted pinnacle rock blasting in determined by reviewing local and NMFS proposes to authorize 68 December 2019 and January 2020 near regional reports, surveys, permits and incidents of take by Level B harassment the vicinity of the proposed project and observations of abundance and with 64 instances from the Hawaii DPS recorded a total of 21 harbor seal frequency near the proposed project and 4 instances from the endangered sightings of 24 individuals over 76.2 action. For example, for species that are Mexico DPS. hours of pre- and post-blast monitoring common with the potential to occur Take by Level A harassment is not (Sitkiewicz 2020). Harbor seals were daily, the take calculations are based on expected for humpback whales because observed in groups ranging from 1–3 the group size multiplied by the of the expected effectiveness of the animals throughout the 0.70-mile (1.12- projected number of days of underwater monitoring and mitigation measures. kilometer) observation zone. Based on noise activities. For species that are less While calculated Level A harassment this knowledge, COK assumed an common, take estimates are based on zones are up to 2,800 m, multiple average group size in Tongass Narrows group size multiplied by the frequency protected species observers (PSOs) will of three individuals. They anticipated (e.g., weekly, monthly). The estimated monitoring Tongass Narrows which is < that three groups of 3 harbor seals per number of takes are based upon less than 600 m in width and represents group could be exposed to project- reasonable ranges from the best a much smaller effective Level A related underwater noise each day for information currently available for these harassment zone. Humpbacks are 120 days of in-water work. Given that species near the project area. usually readily visible, therefore, harbor seals are known to follow fishing Authorization of Level A harassment shutdown measures can be vessels into the marina and may be takes was requested by COK for harbor implemented prior to any humpback difficult to detect, COK assumed that seal, harbor porpoise, and Dall’s whales incurring PTS within Level A one group of three seals could be taken porpoise. Harbor seals are habituated to harassment zones. by Level A harassment daily, resulting fishing vessels and may follow vessels Steller Sea Lion in 360 Level A harassment takes. NMFS that enter the marina. Dall’s and harbor agreed with these assumptions and, porpoises’ small size and speed make it Steller sea lion abundance in the therefore, proposes to authorize 720 possible that these animals could occur Tongass Narrows area is not well known takes by Level B harassment and 360 within the Level A harassment zones and no systematic studies of Steller sea takes by Level A harassment. and potentially incur injury prior to lions have been conducted in or near detection. the Tongass Narrows area. However, sea Dall’s Porpoise lions are known to occur in the Tongass The mean group size of Dall’s Humpback Whale Narrows area throughout the year with porpoise in Southeast Alaska is Humpback whales occur frequently in peak numbers March through estimated at approximately three Tongass Narrows and the adjacent September (ADOT 2019). Sea lions may individuals (Dahlheim et al., 2009; Clarence Strait during summer and fall be present during salmon and herring Jefferson et al., 2019). However, in the months to feed, but are less common runs and are known to visit hatcheries Ketchikan vicinity, Dall’s porpoises are

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reported to typically occur in groups of Given that harbor porpoises are Minke Whale 10–15 animals, with an estimated stealthy, having no visible blow and a There are no known occurrences of maximum group size of 20 animals low profile in the water making the minke whales within the project area (Freitag 2017, as cited in 83 FR 22009, species difficult for monitors to detect although they may be present in May 11, 2018). Overall, sightings of (Dahlheim et al. 2015), COK requested Tongass Narrows and Clarence Strait Dall’s porpoise are infrequent near that a total of 10 takes of harbor year-round. Their abundance Ketchikan, but they could be present on porpoises by Level A harassment be throughout Southeast Alaska is low. any given day during the construction authorized. Therefore, NMFS proposes However, minke whales are distributed period. to authorize 10 takes of harbor porpoise COK assumed that a maximum group throughout a wide variety of habitats by Level A harassment and 30 takes by and could occur near the project area. size of 20 Dall’s porpoise could occur in Level B harassment. the project area each month. NMFS Minke whales are generally sighted as concurs with this assessment and Killer Whale individuals (Dahlheim et al. 2009). Therefore, NMFS proposes to proposes to authorize 80 takes of Dall’s Typical pod sizes observed within the porpoise over the anticipated four- authorize two takes of minke whale by project vicinity range from 1 to 10 Level B harassment. No Level A month project duration. animals. COK assumed that the Given the large size of the Level A harassment takes of minke whales are frequency of killer whales passing anticipated due to the very limited harassment zone associated with impact through the action area is estimated to pile driving for high-frequency occurrence of minke whales and the be once per month and also ability to shut down pile driving cetaceans, it is possible Dall’s porpoises conservatively assumed a pod size of 10. may enter the Level A harassment zone activities prior to a whale entering the Therefore NMFS proposes to undetected. Therefore, NMFs proposes Level A harassment zone. authorize 40 takes of killer whales by to authorize a total of 60 takes of Dall’s Level B harassment. Pacific White-Sided Dolphin porpoise by Level B harassment and 20 takes by Level A harassment over the Take by Level A harassment is not Pacific white-sided dolphins have not course of the project. expected for killer whales because of the been reported within the Tongass small Level A harassment zones for Narrows; however, the dolphin is Harbor Porpoise mid-frequency cetaceans and the within its range and thus its presence Harbor porpoises are non-migratory; expected effectiveness of the monitoring cannot be discounted. Pacific white- therefore, occurrence estimates are not and mitigation measures discussed sided dolphin group sizes generally dependent on season. Freitag (2017 as below. range from between 20 and 164 animals. cited in 83 FR 37473; August 1, 2018) Gray Whale For the purposes of this assessment, observed harbor porpoises in Tongass COK assumed one group of 30 dolphins Narrows zero to one time per month. Gray whales have not been reported may be present within the Level B Harbor porpoises observed in the project within the Tongass Narrows; however, harassment zone every tenth day, or vicinity typically occur in groups of one their presence cannot be entirely about every other week, similar to what to five animals with an estimated discounted. Since the largest Level B was estimated for a prior IHA (84 FR maximum group size of eight animals harassment zone extends beyond 36891; July 30, 2019). Therefore, NMFS (83 FR 37473, August 1, 2018, Solstice Tongass Narrows, COK assumed that up proposes to authorize 360 takes of 2018). Based on this previous to two gray whales may be taken per Pacific white-sided dolphin by Level B information from the Ketchikan Berth IV month. Therefore, NMFS proposes to harassment. Expansion project and the AKDOT authorize take by Level B harassment of No Level A takes are expected due to Tongass Narrows project, COK up to 8 gray whales. the relatively small size of Level A estimated that two groups of five harbor Due to the unlikely occurrence of gray harassment zone for mid-frequency porpoise may enter the Tongass whales and the ability to shut down pile cetaceans which can be readily Narrows twice per month. NMFS agrees driving activities prior to a whale monitored. with this estimate and, therefore, entering the Level A harassment zone, Table 9 below summarizes the proposes to authorize take of 40 harbor no Level A harassment takes of gray proposed authorized take for all the porpoises during the duration of the whales were requested or are proposed species described above as a percentage project. for authorization. of stock abundance.

TABLE 9—PROPOSED TAKE BY LEVEL A AND B HARASSMENT AND AS A PERCENTAGE OF STOCK ABUNDANCE

Stock Percent of Species Level B takes Level A takes abundance stock

Humpback whale 1 ...... 68 N/A 10,103 0.67 Steller sea lion eDPS ...... 1,200 N/A 43,201 2.8 Harbor seal ...... 720 360 27,659 3.9 Dall’s porpoise ...... 60 20 83,400 0.09 Harbor porpoise ...... 30 10 1,354 2.9 Killer whale: 2 AK resident ...... 40 N/A 2,347 1.7 West coast transient ...... 243 16.46 Northern resident ...... 302 13.25 Gulf of Alaska, Aleutian Islands, and Bering Sea transient ...... 587 6.81 Gray whale ...... 8 N/A 26,960 0.03 Pacific white-sided Dolphin ...... 360 N/A 26,880 1.34

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TABLE 9—PROPOSED TAKE BY LEVEL A AND B HARASSMENT AND AS A PERCENTAGE OF STOCK ABUNDANCE—Continued

Stock Percent of Species Level B takes Level A takes abundance stock

Minke whale ...... 2 N/A N/A N/A 1 Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016). Distribution of proposed take by ESA status is 64 Level B takes for Hawaii DPS and 4 Level B take for Mexico DPS. 2 These percentages assume all takes come from the same killer whale stock, thus the percentage should be adjusted down if multiple stocks are actually affected.

Proposed Mitigation • For in-water heavy machinery work strikes required for pile installation or In order to issue an IHA under section other than pile driving, if a marine removal. During vibratory driving/ 101(a)(5)(D) of the MMPA, NMFS must mammal comes within 10 m, operations removal and DTH pile installation, the set forth the permissible methods of shall cease and vessels shall reduce shutdown zone size will initially be set taking pursuant to the activity, and speed to the minimum level required to at the lowest tier, which represents the other means of effecting the least maintain steerage and safe working least amount of active installation/ practicable impact on the species or conditions. This type of work could removal time. Shutdown zones will be stock and its habitat, paying particular include the following activities: (1) expanded to the next largest zone after attention to rookeries, mating grounds, Movement of the barge to the pile Tier 1 time period has elapsed. For and areas of similar significance, and on location; or (2) positioning of the pile on those activities with three specified tiers the availability of the species or stock the substrate via a crane (i.e., stabbing (i.e., impact driving, DTH socketing), for taking for certain subsistence uses. the pile); the shutdown zone will be expanded to • NMFS regulations require applicants for Briefings must be conducted the largest isopleths identified in Tier 3 incidental take authorizations to include between construction supervisors and if the activity extends beyond the Tier information about the availability and crews and the marine mammal 2 active time period. During impact feasibility (economic and technological) monitoring team prior to the start of all driving, the shutdown zones associated of equipment, methods, and manner of pile driving activity and when new with 0–500 strikes will be monitored conducting the activity or other means personnel join the work, to explain until 500 strikes have occurred. The of effecting the least practicable adverse responsibilities, communication shutdown zones will increase to the impact upon the affected species or procedures, marine mammal monitoring next tier between 501–1,000 strikes. stocks and their habitat (50 CFR protocol, and operational procedures; After 1,000 strikes the shutdown zones • 216.104(a)(11)). For those marine mammals for will subsequently be increased to the In evaluating how mitigation may or which take has not been authorized, in- largest zone sizes. • may not be appropriate to ensure the water pile installation/removal will shut If a marine mammal is entering or least practicable adverse impact on down immediately if such species are is observed within an established species or stocks and their habitat, as observed within or entering the Level B shutdown zone, pile driving must be well as subsistence uses where harassment zone; and halted or delayed. Pile driving may not • applicable, we carefully consider two If take reaches the authorized limit commence or resume until either the primary factors: for an authorized species, pile animal has voluntarily left and been (1) The manner in which, and the installation will be stopped as these visually confirmed beyond the degree to which, the successful species approach the harassment zone shutdown zone or 15 minutes have implementation of the measure(s) is to avoid additional take. passed without subsequent detections of expected to reduce impacts to marine The following mitigation measures marine mammals. mammals, marine mammal species or would apply to COK’s in-water • The placement of PSOs during all stocks, and their habitat, as well as construction activities. pile driving and removal activities subsistence uses. This considers the • Establishment of Shutdown (described in detail in the Proposed nature of the potential adverse impact Zones—COK will establish shutdown Monitoring and Reporting section) will being mitigated (likelihood, scope, zones for all pile driving and removal ensure that the entire shutdown zone is range). It further considers the activities. The purpose of a shutdown visible during pile installation. Should likelihood that the measure will be zone is generally to define an area environmental conditions deteriorate effective if implemented (probability of within which shutdown of the activity such that marine mammals within the accomplishing the mitigating result if would occur upon sighting of a marine entire shutdown zone would not be implemented as planned), the mammal (or in anticipation of an animal visible (e.g., fog, heavy rain), pile likelihood of effective implementation entering the defined area). Shutdown driving and removal must be delayed (probability implemented as planned), zones will vary based on the activity until the PSO is confident marine and; type and marine mammal hearing group mammals within the shutdown zone (2) The practicability of the measures (Table 10). Due to sediment could be detected. for applicant implementation, which characteristics and variation in pile • PSOs—COK will employ PSOs who may consider such things as cost, sizes, COK does not know how much will be able to fully monitor Level A impact on operations, and, in the case time will be required for vibratory harassment zones. Placement of PSOs of a military readiness activity, driving/removal and DTH installation at will allow observation of marine personnel safety, practicality of each pile or how many strikes will be mammals within the large segments of implementation, and impact on the required for impact installation. Given the Level B harassment zones. However, effectiveness of the military readiness this uncertainty, COK will utilize a due to the large size of some of the Level activity. tiered system to identify and monitor B harassment zones (Table 8), PSOs will The following mitigation measures are appropriate shutdown zones based on not be able to effectively observe the proposed for this IHA: activity duration or the number of entire zone.

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• Pre-activity Monitoring—Prior to the harassment zone, activities may will be implemented at the start of each the start of daily in-water construction begin. If work ceases for more than 30 day’s impact pile driving and at any activity, or whenever a break in pile minutes, the pre-activity monitoring of time following cessation of impact pile driving/removal of 30 minutes or longer the shutdown zones will commence. driving for a period of thirty minutes or • occurs, PSOs will observe the shutdown Soft Start—Soft-start procedures are longer. and monitoring zones for a period of 30 believed to provide additional • protection to marine mammals by Scheduling—Pile driving or minutes. The shutdown zone will be removal activities must occur during considered cleared when a marine providing warning and/or giving marine mammals a chance to leave the area daylight hours. If poor environmental mammal has not been observed within prior to the hammer operating at full conditions restrict visibility of the the zone for that 30-minute period. If a capacity. For impact pile driving, COK shutdown zones (e.g., from excessive marine mammal is observed within the will be required to provide an initial set wind or fog, high Beaufort state), pile shutdown zone, a soft-start cannot of three strikes from the hammer at installation may not be initiated. Work proceed until the animal has left the reduced energy, followed by a thirty- that has begun with a fully cleared Level zone or has not been observed for 15 second waiting period. This procedure B harassment zone may continue during minutes. When a marine mammal for will be conducted three times before inclement weather (e.g., fog, heavy rain) which take is authorized is present in impact pile driving begins. Soft start or periods of limited visibility.

TABLE 10—SHUTDOWN AND MONITORING ZONES FOR EACH DRIVING/REMOVAL ACTIVITY

High Otariid Low Mid frequency Phocid shutdown area pinniped pinniped Level B frequency frequency (m) shutdown area harassment Pile size cetacean cetacean shutdown area (m) zone shutdown area shutdown area (harbor (m) porpoise, (harbor seal) (steller sea (m) (m) (m) dall’s lion) porpoise) 1

Vibratory Pile Driving/Removal

30-inch piles up to 6 hrs ...... 40 10 50 10 6,300 30-inch piles 7 hrs–8 hrs. 36- and 48- inch piles up to 6 hrs ...... 90 10 50 10 1 12,500 36- and 48- inch piles 7 hrs–8 hrs.

Impact Pile Driving

30-inch piles up to 500 strikes ...... 500 30-inch piles 501 to 1,000 strikes ...... 700 40 50 10 40 2,200 30-inch piles 1,001 to 1,500 strikes ...... 1,000 36- and 48- inch piles up to 500 strikes .. 1,300 50 ...... 50 36- and 48- inch piles 501 to 1,000 strikes ...... 2,000 70 50 10 ...... 3,800 36- and 48- inch piles 1,001 to 1,500 strikes ...... 2,600 90 ...... 100

DTH Socket

30-, 36-inch piles up to 3 hrs ...... 1,300 50 50 10 50 11,700 30-, 36-inch piles 4 hrs–6 hrs ...... 2,000 70 48-inch piles up to 2 hours ...... 1,750 65 ...... 70 ...... 48-inch piles >2 to 3 hrs ...... 2,300 85 ...... 100 ...... 48-inch piles >3 to 4 hours ...... 2,750 100 ...... 110 ......

DTH Anchor

12-inch hole up to 6 hours ...... 150 10 50 10 6,350 12-inch hole 7hrs–8hrs. 1 Represents largest Level B Harassment isopleth. Note that isopleth is truncated by land masses at 12,500 meters.

To minimize impacts to marine as other measures considered by NMFS, Proposed Monitoring and Reporting mammals and their prey vibratory NMFS has preliminarily determined In order to issue an IHA for an installation and/or hammering will be that the proposed mitigation measures activity, section 101(a)(5)(D) of the used as the primary methods of pile provide the means effecting the least MMPA states that NMFS must set forth installation. Impact driving will be practicable impact on the affected requirements pertaining to the minimized and used only as needed to species or stocks and their habitat, monitoring and reporting of such taking. seat the pile in its final position or to paying particular attention to rookeries, The MMPA implementing regulations at penetrate material that is too dense for mating grounds, and areas of similar 50 CFR 216.104 (a)(13) indicate that a vibratory hammer. significance. requests for authorizations must include Based on our evaluation of the the suggested means of accomplishing applicant’s proposed measures, as well the necessary monitoring and reporting

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that will result in increased knowledge • At least one PSO must have prior the distance to each sighting from the of the species and of the level of taking experience performing the duties of a project site. or impacts on populations of marine PSO during construction activity Monitoring will be conducted 30 mammals that are expected to be pursuant to a NMFS-issued incidental minutes before, during, and 30 minutes present in the proposed action area. take authorization. after pile driving/removal activities. In Effective reporting is critical both to • Other PSOs may substitute addition, observers shall record all compliance as well as ensuring that the education (degree in biological science incidents of marine mammal most value is obtained from the required or related field) or training for occurrence, regardless of distance from monitoring. experience; and activity, and shall document any Monitoring and reporting • Where a team of three or more PSOs behavioral reactions in concert with requirements prescribed by NMFS are required, a lead observer or distance from piles being driven or should contribute to improved monitoring coordinator must be removed. Pile driving activities include understanding of one or more of the designated. The lead observer must have the time to install or remove a single following: prior experience working as a marine pile or series of piles, as long as the time • mammal observer during construction; elapsed between uses of the pile driving Occurrence of marine mammal • species or stocks in the area in which COK must submit PSO Curriculum equipment is no more than 30 minutes. Vitae for approval by NMFS prior to the take is anticipated (e.g., presence, Reporting abundance, distribution, density). onset of pile driving. • Nature, scope, or context of likely PSOs should have the following A draft marine mammal monitoring marine mammal exposure to potential additional qualifications: report would be submitted to NMFS • Ability to conduct field stressors/impacts (individual or within 90 days after the completion of observations and collect data according cumulative, acute or chronic), through pile driving and removal activities, or to assigned protocols; 60 days prior to a requested date of better understanding of: (1) Action or • Experience or training in the field issuance of any future IHAs for projects environment (e.g., source identification of marine mammals, characterization, propagation, ambient at the same location, whichever comes including the identification of first. It will include an overall noise); (2) affected species (e.g., life behaviors; history, dive patterns); (3) co-occurrence • description of work completed, a Sufficient training, orientation, or narrative regarding marine mammal of marine mammal species with the experience with the construction action; or (4) biological or behavioral sightings, and associated marine operation to provide for personal safety mammal observation data sheets. context of exposure (e.g., age, calving or during observations; feeding areas). • Specifically, the report must include: Writing skills sufficient to prepare a • Dates and times (begin and end) of • Individual marine mammal report of observations including but not responses (behavioral or physiological) all marine mammal monitoring; limited to the number and species of • Construction activities occurring to acoustic stressors (acute, chronic, or marine mammals observed; dates and during each daily observation period, cumulative), other stressors, or times when in-water construction including how many and what type of cumulative impacts from multiple activities were conducted; dates, times, piles were driven or removed and by stressors. and reason for implementation of • what method (i.e., impact or vibratory); How anticipated responses to mitigation (or why mitigation was not • Weather parameters and water stressors impact either: (1) Long-term implemented when required); and conditions during each monitoring fitness and survival of individual marine mammal behavior; and period (e.g., wind speed, percent cover, • marine mammals; or (2) populations, Ability to communicate orally, by visibility, sea state) and estimated species, or stocks. radio or in person, with project • observable distance (if less than the Effects on marine mammal habitat personnel to provide real-time harassment zone distance). (e.g., marine mammal prey species, information on marine mammals • The number of marine mammals acoustic habitat, or other important observed in the area as necessary. observed, by species, relative to the pile physical components of marine A minimum of three onshore location and if pile driving or removal mammal habitat). observers will be stationed along was occurring at time of sighting; • Mitigation and monitoring Tongass Narrows at locations that • Age and sex class, if possible, of all effectiveness. provide optimal visual coverage for marine mammals observed; shutdown and monitoring zones (see • Visual Monitoring PSO locations during marine Figures 3 in COK’s Marine Mammal mammal monitoring; Monitoring must be conducted 30 Monitoring Plan). To maximize the • Distances and bearings of each minutes before, during, and 30 minutes visual coverage of shutdown and marine mammal observed to the pile after pile driving and removal activities. monitoring zones, observers will use being driven or removed for each In addition, observers shall record all elevated platforms at observation points sighting (if pile driving or removal was incidents of marine mammal to the extent practicable. Observers will occurring at time of sighting); occurrence, regardless of distance from be in contact with each other via two- • Description of any marine mammal activity, and shall document any way radio and with a cellular phone behavior patterns during observation, behavioral reactions in concert with used as back-up communications. The including direction of travel and distance from piles being driven or primary purpose of this observer is to estimated time spent within the Level A removed. Marine mammal monitoring implement the shutdown zones and and Level B harassment zones while the during pile driving and removal must be monitor the Level B harassment zones. source was active; conducted by NMFS-approved PSOs in PSOs must be positioned in order to • Number of individuals of each a manner consistent with the following: focus on monitoring these zones. PSOs species (differentiated by month as • Independent PSOs (i.e., not would scan the waters using binoculars, appropriate) detected within the construction personnel) who have no and/or spotting scopes, and would use harassment zones; other assigned tasks during monitoring a handheld global positioning system • Detailed information about any periods must be used; (GPS) or range-finder device to verify implementation of any mitigation

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triggered (e.g., shutdowns and delays), a (50 CFR 216.103). A negligible impact site, if any, are expected to be mild and description of specific actions that finding is based on the lack of likely temporary. Given that the installation of ensued, and resulting behavior of the adverse effects on annual rates of 12 permanent piles and 8 temporary animal, if any; recruitment or survival (i.e., population- piles would occur over 4 months, any • Description of attempts to level effects). An estimate of the number harassment would be temporary and distinguish between the number of of takes alone is not enough information intermittent. Effects on individuals that individual animals taken and the on which to base an impact are taken by Level B harassment, on the number of incidences of take, such as determination. In addition to basis of reports in the literature as well ability to track groups or individuals; considering estimates of the number of as monitoring from other similar and marine mammals that might be ‘‘taken’’ activities, will likely be limited to • Submit all PSO datasheets and/or through harassment, NMFS considers reactions such as increased swimming raw sighting data (in a separate file from other factors, such as the likely nature speeds, increased surfacing time, or the Final Report referenced immediately of any responses (e.g., intensity, decreased foraging (if such activity were above). duration), the context of any responses occurring) (Southall et al. 2007, ABR If no comments are received from (e.g., critical reproductive time or 2016). Most likely, individuals will NMFS within 30 days, the draft final location, migration), as well as effects simply move away from the sound report will constitute the final report. If on habitat, and the likely effectiveness source and be temporarily displaced comments are received, a final report of the mitigation. We also assess the from the areas of pile driving. These addressing NMFS comments must be number, intensity, and context of reactions and behavioral changes are submitted within 30 days after receipt of estimated takes by evaluating this expected to subside quickly when the comments. information relative to population exposures cease. status. Consistent with the 1989 The potential for harassment is Reporting Injured or Dead Marine preamble for NMFS’s implementing minimized through the implementation Mammals regulations (54 FR 40338; September 29, of the proposed mitigation measures. In the event that personnel involved 1989), the impacts from other past and During all impact driving, in the construction activities discover ongoing anthropogenic activities are implementation of soft start procedures an injured or dead marine mammal, the incorporated into this analysis via their and monitoring of established shutdown IHA-holder shall report the incident to impacts on the environmental baseline zones shall be required, significantly the Office of Protected Resources (OPR) (e.g., as reflected in the regulatory status reducing any possibility of injury. Given (301–427–8401), NMFS and to the of the species, population size and sufficient notice through use of soft start Alaska regional stranding coordinator growth rate where known, ongoing (for impact driving), marine mammals (907–586–7209) as soon as feasible. If sources of human-caused mortality, or are expected to move away from an the death or injury was clearly caused ambient noise levels). irritating sound source prior to it by the specified activity, the IHA-holder Vibratory pile removal, vibratory pile becoming potentially injurious. To must immediately cease the specified driving, impact pile driving, and DTH reduce the severity of in-water noise, activities until NMFS is able to review pile installation have the potential to vibratory pile driving will be the the circumstances of the incident and disturb or displace marine mammals. primary installation method for the determine what, if any, additional Specifically, these proposed project project and impact hammers will only measures are appropriate to ensure activities may result in take, in the form be used to seat pile tips into fractured compliance with the terms of the IHA. of Level A harassment and Level B bedrock ahead of the hammering The IHA-holder must not resume their harassment. Potential takes could occur operations or if material is encountered activities until notified by NMFS. if individuals are present in the that is too dense to penetrate with a The report must include the following ensonified zone when these activities vibratory hammer. information: are underway. No mortality is The proposed project is located • Time, date, and location (latitude/ anticipated given the nature of the within an active marine commercial and longitude) of the first discovery (and activity and measures designed to industrial area with no known pinniped updated location information if known minimize the possibility of injury to haulouts or rookeries near the project and applicable); marine mammals. area. While construction of mooring • Species identification (if known) or The Level A harassment zones dolphins at Berth III would have some description of the animal(s) involved; identified in Table 7 are based upon an permanent removal of habitat available • Condition of the animal(s) animal exposed to vibratory pile to marine mammals, the area lost is (including carcass condition if the driving, impact pile driving, and DTH relatively small and not of particular animal is dead); pile installation for periods of time importance to any marine mammals. • Observed behaviors of the ranging from 30 minutes for impact Any impacts on prey that would animal(s), if alive; driving, up to 8 hours for vibratory occur during in-water construction • If available, photographs or video driving, up to 6 hours for DTH socketing would have at most short-terms effects footage of the animal(s); and and 8 hours for DTH anchoring. on foraging of individual marine • General circumstances under which Exposures of this length are unlikely for mammals, and likely no effect on the the animal was discovered. vibratory driving/removal and DTH pile populations of marine mammals as a installation scenarios given marine whole. Therefore, effects on marine Negligible Impact Analysis and mammal movement throughout the area. mammal prey during the construction Determination Even during impact driving scenarios, are expected to be minimal and, NMFS has defined negligible impact an animal exposed to the accumulated therefore, are unlikely to cause as an impact resulting from the sound energy would likely only substantial effects on marine mammals specified activity that cannot be experience only limited PTS at the at the individual or population level. reasonably expected to, and is not lower frequencies where pile driving In addition, it is unlikely that minor reasonably likely to, adversely affect the energy is concentrated. noise effects in a small, localized area of species or stock through effects on Behavioral responses of marine habitat would have any effect on the annual rates of recruitment or survival mammals to pile driving at the project stocks’ ability to recover. In

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combination, we believe that these the MMPA for specified activities other Unmitigable Adverse Impact Analysis factors, as well as the available body of than military readiness activities. The and Determination evidence from other similar activities, MMPA does not define small numbers In order to issue an IHA, NMFS must demonstrate that the potential effects of and so, in practice, where estimated find that the specified activity will not the specified activities will have only numbers are available, NMFS compares have an ‘‘unmitigable adverse impact’’ minor, short-term effects on individuals. the number of individuals taken to the on the subsistence uses of the affected The specified activities are not expected most appropriate estimation of marine mammal species or stocks by to impact rates of recruitment or abundance of the relevant species or Alaskan Natives. NMFS has defined survival and will therefore not result in stock in our determination of whether ‘‘unmitigable adverse impact’’ in 50 CFR population-level impacts. an authorization is limited to small 216.103 as an impact resulting from the For all species except humpback numbers of marine mammals. When the specified activity: (1) That is likely to whales, there are no known BIAs near predicted number of individuals to be reduce the availability of the species to the project zone that would be impacted taken is fewer than one third of the a level insufficient for a harvest to meet by COK’s proposed activities. For species or stock abundance, the take is subsistence needs by: (i) Causing the humpback whales, the whole of considered to be of small numbers. marine mammals to abandon or avoid Southeast Alaska is a seasonal BIA from Additionally, other qualitative factors hunting areas; (ii) Directly displacing spring through late fall (Ferguson et al., may be considered in the analysis, such subsistence users; or (iii) Placing 2015). However, Tongass Narrows and as the temporal or spatial scale of the physical barriers between the marine Clarence Strait are not important activities. mammals and the subsistence hunters; portions of this habitat due to and (2) That cannot be sufficiently development and human presence. The number of instances of take for each species or stock proposed to be mitigated by other measures to increase Tongass Narrows is also a small the availability of marine mammals to passageway and represents a very small taken as a result of this project is included in Table 9. Our analysis shows allow subsistence needs to be met. portion of the total available habitat for Alaska Native hunters in the that less than one-third of the best humpback whales. Finally, there is no Ketchikan vicinity do not traditionally available population abundance ESA-designated critical habitat for harvest cetaceans (Muto et al. 2019). humpback whales. estimate of each species or stock could Harbor seals are the most commonly In summary and as described above, be taken by harassment. The number of targeted marine mammal that is hunted the following factors primarily support animals proposed to be taken for each by Alaska Native subsistence hunters our preliminary determination that the authorized stock would be considered within the Ketchikan area. In 2012 an impacts resulting from this activity are small relative to the relevant stock’s estimated 595 harbor seals were taken not expected to adversely affect the abundances even if each estimated for subsistence uses, with 22 of those species or stock through effects on taking occurred to a new individual, occurring in Ketchikan (Wolfe et al. annual rates of recruitment or survival: which is an unlikely scenario. 2012). This is the most recent data • No mortality is anticipated or The west coast transient stock of killer available. The harbor seal harvest per authorized; whales represents the highest capita in both communities was low, at • Authorized Level A harassment percentage of a single stock (<17 0.02 for Ketchikan. ADF&G subsistence would be limited and of low degree; • Mitigation measures such as percent) that is proposed for authorized data for Southeast Alaska shows that employing vibratory driving to the take. This take percentage also assumes from 1992 through 2008, plus 2012, maximum extent practicable, soft-starts, that all authorized killer whale takes from zero to 19 Steller sea lions were and shut downs will be implemented; would be from this stock, which is taken by Alaska Native hunters per year • Impacts to marine mammal habitat highly unlikely given the expansive with typical harvest years ranging from are anticipated to be minimal; range of the stock. zero to five animals (Wolfe et al. 2013). • The project area is located in an A lack of an accepted stock In 2012, it is estimated nine sea lions industrialized and commercial marina; abundance value for the Alaska stock of were taken in all of Southeast Alaska • The project area does not include minke whale did not allow for the and only from Hoonah and Sitka. There any rookeries, or known areas or calculation of an expected percentage of are no known haulout locations in the features of special significance for the population that would be affected. project area. Both the harbor seal and the Steller sea lion may be temporarily foraging or reproduction; and The most relevant estimate of partial • displaced from the action area. The anticipated incidents of Level B stock abundance is 1,232 minke whales However, neither the local population harassment consist of, at worst, in coastal waters of the Alaska nor any individual pinnipeds are likely temporary modifications in behavior. Peninsula and Aleutian Islands (Zerbini to be adversely impacted by the Based on the analysis contained et al., 2006). Given that two takes by proposed action beyond noise-induced herein of the likely effects of the Level B harassment are proposed for the harassment or slight injury. The specified activity on marine mammals stock, comparison to the best estimate of proposed project is anticipated to have and their habitat, and taking into stock abundance shows less than 0.2 no long-term impact on Steller sea lion consideration the implementation of the percent of the stock is expected to be or harbor seal populations, or their proposed monitoring and mitigation impacted. measures, NMFS preliminarily finds habitat no long term impacts on the that the total marine mammal take from Based on the analysis contained availability of marine mammals for the proposed activity will have a herein of the proposed activity subsistence uses is anticipated. negligible impact on all affected marine (including the proposed mitigation and Based on the description of the mammal species or stocks. monitoring measures) and the specified activity, the measures anticipated take of marine mammals, described to minimize adverse effects Small Numbers NMFS preliminarily finds that small on the availability of marine mammals As noted above, only small numbers numbers of marine mammals will be for subsistence purposes, and the of incidental take may be authorized taken relative to the population size of proposed mitigation and monitoring under sections 101(a)(5)(A) and (D) of the affected species or stocks. measures, NMFS has preliminarily

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determined that there will not be an of identical or nearly identical, or nearly ACTION: Notice; receipt of application. unmitigable adverse impact on identical, activities as described in the subsistence uses from COK’s proposed Description of Proposed Activity section SUMMARY: Notice is hereby given that activities. of this notice is planned or (2) the Colleen Reichmuth, Ph.D., Long Marine activities as described in the Description Laboratory, Institute of Marine Sciences Endangered Species Act of Proposed Activity section of this Address at the University of California Section 7(a)(2) of the Endangered notice would not be completed by the at Santa Cruz, 115 McAllister Way, Species Act of 1973 (ESA: 16 U.S.C. time the IHA expires and a Renewal Santa Cruz, CA 95060, has applied in 1531 et seq.) requires that each Federal would allow for completion of the due form for a permit to conduct agency insure that any action it activities beyond that described in the research on pinnipeds in captivity. authorizes, funds, or carries out is not Dates and Duration section of this DATES: Written, telefaxed, or email likely to jeopardize the continued notice, provided all of the following comments must be received on or before existence of any endangered or conditions are met: December 10, 2020. • threatened species or result in the A request for renewal is received no ADDRESSES: The application and related destruction or adverse modification of later than 60 days prior to the needed documents are available for review by designated critical habitat. To ensure Renewal IHA effective date (recognizing selecting ‘‘Records Open for Public ESA compliance for the issuance of that the Renewal IHA expiration date Comment’’ from the ‘‘Features’’ box on IHAs, NMFS Office of Protected cannot extend beyond one year from the Applications and Permits for Resources consults internally whenever expiration of the initial IHA). • Protected Species (APPS) home page, we propose to authorize take for The request for renewal must https://apps.nmfs.noaa.gov, and then endangered or threatened species, in include the following: selecting File No. 23554 from the list of this case with the NMFS Alaska (1) An explanation that the activities available applications. These documents Regional Office. to be conducted under the requested are also available upon written request NMFS is proposing to authorize take Renewal IHA are identical to the via email to NMFS.Pr1Comments@ activities analyzed under the initial of the Mexico DPS of humpback whales, noaa.gov. which are listed under the ESA. IHA, are a subset of the activities, or Written comments on this application The NMFS Office of Protected include changes so minor (e.g., should be submitted via email to Resources has requested initiation of reduction in pile size) that the changes [email protected]. Please do not affect the previous analyses, Section 7 consultation with the NMFS include File No. 23554 in the subject mitigation and monitoring Alaska Regional Office for the issuance line of the email comment. of this IHA. NMFS will conclude the requirements, or take estimates (with Those individuals requesting a public ESA consultation prior to reaching a the exception of reducing the type or hearing should submit a written request determination regarding the proposed amount of take). via email to NMFS.Pr1Comments@ (2) A preliminary monitoring report issuance of the authorization. noaa.gov. The request should set forth showing the results of the required the specific reasons why a hearing on Proposed Authorization monitoring to date and an explanation this application would be appropriate. As a result of these preliminary showing that the monitoring results do determinations, NMFS proposes to issue not indicate impacts of a scale or nature FOR FURTHER INFORMATION CONTACT: Sara an IHA to the City of Ketchikan for not previously analyzed or authorized. Young or Jennifer Skidmore, (301) 427– conducting in-water construction Upon review of the request for 8401. activities as part of the Berth III Renewal, the status of the affected SUPPLEMENTARY INFORMATION: The Expansion Project in Ketchikan between species or stocks, and any other subject permit is requested under the October 1, 2021 and May 1, 2022, pertinent information, NMFS authority of the Marine Mammal provided the previously mentioned determines that there are no more than Protection Act of 1972, as amended mitigation, monitoring, and reporting minor changes in the activities, the (MMPA; 16 U.S.C. 1361 et seq.), the requirements are incorporated. A draft mitigation and monitoring measures regulations governing the taking and of the proposed IHA can be found at will remain the same and appropriate, importing of marine mammals (50 CFR https://www.fisheries.noaa.gov/permit/ and the findings in the initial IHA part 216), the Endangered Species Act of incidental-take-authorizations-under- remain valid. 1973, as amended (ESA; 16 U.S.C. 1531 marine-mammal-protection-act. Dated: November 4, 2020. et seq.), and the regulations governing the taking, importing, and exporting of Donna S. Wieting, Request for Public Comments endangered and threatened species (50 Director, Office of Protected Resources, CFR parts 222–226). We request comment on our analyses, National Marine Fisheries Service. the proposed authorization, and any The applicant proposes to conduct other aspect of this notice of proposed [FR Doc. 2020–24871 Filed 11–9–20; 8:45 am] comparative psychological and IHA for the proposed Berth III New BILLING CODE 3510–22–P physiological studies with captive Mooring Dolphins Project. We also California sea lions (Zalophus request at this time comment on the DEPARTMENT OF COMMERCE californianus), harbor seals (Phoca potential Renewal of this proposed IHA vitulina), spotted seals (Phoca largha), as described in the paragraph below. National Oceanic and Atmospheric ringed seals (Pusa hispida), bearded Please include with your comments any Administration seals (Erignathus barbatus), and supporting data or literature citations to Hawaiian monk seals (Neomonachus help inform decisions on the request for [RTID 0648–XA606] schauinslandi) at Long Marine this IHA or a subsequent Renewal IHA. Marine Mammals; File No. 23554 Laboratory (Santa Cruz, CA) and the On a case-by-case basis, NMFS may Alaska SeaLife Center (Seward, AK). Up issue a one-time, one-year Renewal IHA AGENCY: National Marine Fisheries to four individuals per species may be following notice to the public providing Service (NMFS), National Oceanic and studied at both facilities at any given an additional 15 days for public Atmospheric Administration (NOAA), time over the duration of the permit, comments when (1) up to another year Commerce. with the exception of the Hawaiian

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