[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36527-36532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14494]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC172
Taking of Marine Mammals Incidental to Specified Activities;
Construction at Bremerton Ferry Terminal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the Washington State
Department of Transportation (WSDOT) to take, by harassment, small
numbers of six species of marine mammals incidental to vibratory pile
driving and pile removal activities at the Bremerton Ferry Terminal in
Washington State between September 2013 and August 2014.
DATES: Effective September 1, 2013, through August 31, 2014.
ADDRESSES: Requests for information on the incidental take
authorization should be addressed to P. Michael Payne, Chief, Permits
and Conservation Division, Office of Protected Resources, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910. A copy of the application containing a list of the references
used in this document, NMFS' Environmental Assessment (EA), Finding of
No Significant Impact (FONSI), and the IHA may be obtained by writing
to the address specified above or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for a one-year authorization to
incidentally take small numbers of marine mammals by harassment,
provided that there is no potential for serious injury or mortality to
result from the activity. Section 101(a)(5)(D) establishes a 45-day
time limit for NMFS review of an application followed by a 30-day
public notice and comment period on any proposed authorizations for the
incidental harassment of marine mammals. Within 45 days of the close of
the comment period, NMFS must either issue or deny the authorization.
Summary of Request
On August 14, 2012, WSDOT submitted a request to NOAA requesting an
IHA for the possible harassment of small numbers of six marine mammal
species incidental to construction associated with the replacement of
wingwalls at the Bremerton Ferry Terminal in Washington State. On
December 4, 2012, WSDOT submitted a revised IHA application. The action
discussed in this document is based on WSDOT's December 4, 2012, IHA
application.
Description of the Specified Activity
Detailed description of the WSDOT's wingwalls replacement work at
the Bremerton Ferry Terminal is provided in the Federal Register notice
for the proposed IHA (78 FR 11844; February 20, 2013). Since that time,
no changes have been made to the wingwalls replacement project at the
Bremerton Ferry Terminal, except that WSDOT requested the incidental
take coverage to be extended from February 28, 2014, through August 31,
2014, in case the project may be postponed. Nevertheless, the amount of
activity and the duration of actual in-water construction has not
changed. The potential change in work season will not affect marine
mammal take estimates since the actual construction duration will not
change and the initial calculation relied on marine mammal presence in
the project area on annual basis.
The details of WSDOT's wingwalls replacement work at Bremerton
Ferry Terminal are provided in the Federal Register notice for the
proposed IHA (78 FR 11844; February 20, 2013). Please refer to that
Federal Register notice for the description of the specific activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to WSDOT was published
in the Federal Register on February 20, 2013 (78 FR 11844). That notice
described, in detail, WSDOT's activity, the marine mammal species that
may be affected by the activity, and the anticipated effects on marine
mammals. During the 30-day public comment period, NMFS received
comments from the Marine Mammal Commission (Commission). The Commission
recommends NMFS issue the IHA to WSDOT, but has asked NMFS to condition
the IHA in certain respects. Specific comments and responses are
provided below.
Comment 1: The Commission requests that NMFS justify its conclusion
that the taking will involve only a small number of southern resident
killer whales (SRKWs) and work with the Fish and Wildlife Service and
the Commission to develop a policy that sets forth the criteria and/or
thresholds for determining what constitutes ``small numbers'' and
``negligible impact'' for the purpose of authorizing incidental takes
of marine mammals
Response: As stated in the Federal Register for the proposed IHA,
WSDOT is required to implement shutdown measures if the combined Level
B takes of SRKWs reach to a total of 16 at the Bremerton Ferry
Terminal, which is equivalent to approximately 19% of the SRKW
population. Subsequently, NMFS
[[Page 36528]]
worked with WSDOT on a possible solution to further reduce takes of
SRKWs. WSDOT agreed that it will take all practical steps to avoid
exposing SRKWs to sound levels that may result in harassment by
implementing shutdown measures whenever a SRKW is sighted in the
vicinity of the project area. In the event a SRKW is not detected
before entering the zone of influence, NMFS has authorized the take of
no more than four SRKW, which represents 5% of the existing population.
As we have done in the past, NMFS will continue to collaborate with the
Commission and Fish and Wildlife Service on a variety of MMPA issues,
including small numbers and negligible impact, to strengthen our
collective understanding of how activities affect marine mammal species
and stocks.
Comment 2: The Commission requests NMFS require WSDOT to monitor
the Level B harassment zone at least 30 minutes before, during, and 30
minutes after the pile-removal and -driving activities to ensure that
those activities are not having an unintended effect on marine mammals
in or near the zone.
Response: NMFS agrees with the Commission and will require the
WSDOT to monitor the Level B harassment zone for 30 minutes before,
during, and 30 minutes after the pile driving and pile removal
activities.
Comment 3: The Commission requests NMFS specify in its
authorization that, after a delay, power down, or shutdown, the Ferries
Division would not resume activities until the marine mammal (1) is
observed to have left the Level B harassment zone or (2) has not been
seen or otherwise detected within the Level B harassment zone for 15
minutes for small odontocetes and 30 minutes for mysticetes and large
odontocetes, including killer whales.
Response: As described in detail in the Federal Register notice for
the proposed IHA, WSDOT's wingwalls replacement project at the
Bremerton Ferry Terminal will only use vibratory pile hammer for pile
driving. Marine mammals are not expected to be injured (Level A
harassment) by WSDOT's use of vibratory pile hammers, thereby obviating
the need for an exclusion zone for this activity. Nevertheless, for
initiation of pile driving and pile removal activities, WSDOT is
required to monitor the Level B harassment zone for 30 minutes before,
during, and 30 minutes after in-water construction, and to ramp up
vibratory hammer for pile removal and pile driving, which will
effectively reduce any startle behavior of marine mammals in the
vicinity at the commencement of the piling activity.
However, WSDOT is required to shutdown when a SRKW is sighted in
the vicinity of the project area, or the potential takes of any SRKW is
approaching the allotted take limit. Therefore, under such
circumstances, NMFS will require that WSDOT not resume activities until
the killer whale under the above condition (1) is observed to have left
the Level B harassment zone or (2) has not been seen or otherwise
detected within the Level B harassment zone 30 minutes after a
shutdown.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species under NMFS jurisdiction most likely to
occur in the construction area include Pacific harbor seal (Phoca
vitulina richardsi), California sea lion (Zalophus californianus),
Steller sea lion (Eumetopias jubatus), killer whale (Orcinus orca),
gray whale (Eschrichtius robustus), and humpback whale (Megaptera
novaeangliae).
General information on the marine mammal species found in
California waters can be found in Caretta et al. (2011), which is
available at the following URL: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf. Specific information concerning these species in the
vicinity of the action area is provided in the Federal Register notice
for the proposed IHA and in WSDOT's IHA application. Therefore, it is
not repeated here.
Potential Effects of the Specified Activity on Marine Mammals
The effects of underwater noise from in-water vibratory pile
driving and pile removal associated with the construction activities at
the Bremerton Ferry Terminal has the potential to result in behavioral
harassment of marine mammal species and stocks in the vicinity of the
action area. The Notice of Proposed IHA included a discussion of the
effects of anthropogenic noise on marine mammals, which is not repeated
here. No instances of hearing threshold shifts, injury, serious injury,
or mortality are expected as a result of WSDOT's activities given the
strong likelihood that marine mammals would avoid the immediate
vicinity of the pile driving area.
Potential Effects on Marine Mammal Habitat
The primary potential impacts to marine mammals and other marine
species are associated with elevated sound levels, but the project may
also result in additional effects to marine mammal prey species and
short-term local water turbidity caused by in-water construction due to
pile removal and pile driving. These potential effects are discussed in
detail in the Federal Register notice for the proposed IHA and are not
repeated here.
Potential Impacts on Availability of Affected Species or Stocks for
Taking for Subsistence Uses
No subsistence harvest of marine mammals occurs in the action area.
Mitigation Measures
In order to issue an incidental take authorization under Section
101(a)(5)(D) of the MMPA, NMFS must prescribe, where applicable, the
permissible methods of taking pursuant to such activity, and other
means of effecting the least practicable adverse impact on such species
or stock and its habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance, and on the
availability of such species or stock for taking for certain
subsistence uses.
For WSDOT's wingwalls replacement work at the Bremerton Ferry
Terminal, NMFS is requiring WSDOT to implement the following mitigation
measures to minimize the potential impacts to marine mammals in the
project vicinity as a result of the in-water construction activities.
Since the measured source levels (at 10 and 16 m) of the vibratory
hammer involved in pile removal and pile driving are below NMFS'
current thresholds for Level A takes, i.e., below 180 dB (rms) re 1
[mu]Pa, no exclusion zone will be established, and there will be no
required shutdown measures except when take of SRKWs approaches the
authorized limit (see below). Instead, WSDOT is required to establish
and monitor the 120 dB (rms) re 1 [mu]Pa zone of influence (ZOI, see
below Monitoring and Reporting section).
One significant mitigation measure for WSDOT's pile removal and
pile driving activities is ramping up, or soft start, of vibratory pile
hammers. The purpose of this procedure is to prevent the startling
behavior of marine mammals in the vicinity of the construction activity
from sudden loud noise.
Soft start requires contractors to initiate the vibratory hammer at
reduced power for 15 seconds with a 1 minute interval, and repeat such
procedures for an additional two times.
In addition, monitoring for marine mammal presence will take place
30 minutes before, during and 30 minutes after pile driving to document
marine mammal occurrence and responses before, during and after the
pile driving
[[Page 36529]]
and pile removal activities (see Monitoring and Reporting section
below).
In addition, WSDOT will implement shutdown measures whenever
Southern Resident killer whales (SRKWs) are present in the vicinity of
the project area and take all practical steps to avoid exposing SRKWs
to sound levels that result in harassment. If it is unknown whether it
is a SRKW or a transient killer whale, it shall be assumed to be a SRKW
appropriate mitigation measures shall be implemented.
Further, if the number of any allotted marine mammal takes reaches
the limit under the IHA, WSDOT will implement shutdown measures if such
species/stock of animal approaches the 120 dB Level B harassment zone.
Finally, to avoid exceeding its SRKW take limit, NMFS has required
WSDOT to not resume activities until any SRKW (1) is observed to have
left the Level B harassment zone or (2) has not been seen or otherwise
detected within the Level B harassment zone 30 minutes.
Mitigation Conclusions
Based on our evaluation of the prescribed mitigation measures, NMFS
has determined the measures provide the means of effecting the least
practicable impact on marine mammal species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
Monitoring and Reporting
Monitoring Measures
Any ITA issued under Section 101(a)(5)(D) of the MMPA is required
to prescribe, where applicable, ``requirements pertaining to the
monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) state that requests for ITAs must
include the suggested means of accomplishing the necessary monitoring
and reporting that will result in increased knowledge of the species
and of the level of taking or impacts on populations of marine mammals
that are expected to be present in the action area.
(1) Protected Species Observers (PSOs)
WSDOT will employ qualified protected species observers (PSOs) to
monitor the 120 dB re 1 [mu]Pa (rms) for marine mammals. Qualifications
for marine mammal observers include:
Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance. Use of binoculars is
necessary to correctly identify the target.
Advanced education (at least some college level courses)
in biological science, wildlife management, mammalogy or related fields
(Bachelor's degree or higher is preferred), but not required.
Experience or training in the field identification of
marine mammals (cetaceans and pinnipeds).
Sufficient training, orientation or experience with the
construction operation to provide for personal safety during
observations.
Ability to communicate orally, by radio or in person, with
project personnel to provide real time information on marine mammals
observed in the area as necessary.
Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience).
Writing skills sufficient to prepare a report of
observations that would include such information as the number and type
of marine mammals observed; the behavior of marine mammals in the
project area during construction, dates and times when observations
were conducted; dates and times when in-water construction activities
were conducted; and dates and times when marine mammals were present at
or within the defined ZOI.
(2) Monitoring Protocols
PSOs will be present on site at all times during pile removal and
driving. Marine mammal behavior, overall numbers of individuals
observed, frequency of observation, and the time corresponding to the
daily tidal cycle will be recorded.
The following protocols will be used for marine mammal monitoring
during the Bremerton Ferry Terminal construction work:
A range finder or hand-held global positioning system
device will be used to ensure that the 120 dB re 1 [mu]Pa (rms) Level B
behavioral harassment ZOI is monitored.
A 20-minute pre-construction marine mammal monitoring
period will be required before the first pile driving or pile removal
of the day. A 30-minute post-construction marine mammal monitoring
period will be required after the last pile driving or pile removal of
the day. If the construction personnel take a break between subsequent
pile driving or pile removal for more than 30 minutes, then additional
pre-construction marine mammal monitoring will be required before the
next start-up of pile driving or pile removal.
If marine mammals are observed, the following information
will be document:
[ssquf] Species of observed marine mammals;
[ssquf] Number of observed marine mammal individuals;
[ssquf] Behavioral of observed marine mammals;
[ssquf] Location within the ZOI; and
[ssquf] Animals' reaction (if any) to pile-driving activities.
During vibratory pile removal and driving, one land-based
biologist will monitor the area from the terminal work site, and one
boat with a qualified PSO shall navigate the ZOI in a circular path.
All PSOs shall use binoculars to conducting monitoring.
In addition, WSDOT will contact the Orca Network and/or
Center for Whale Research to determine the location of the nearest
marine mammal sightings. Sightings are called or emailed into the Orca
Network and immediately distributed to other sighting networks
including: The Northwest Fisheries Science Center of NOAA Fisheries,
the Center for Whale Research, Cascadia Research, the Whale Museum
Hotline, and the British Columbia Sightings Network.
Marine mammal occurrence information collected by the Orca
Network also includes detection by the following hydrophone systems:
(1) The SeaSound Remote Sensing Network, a system of interconnected
hydrophones installed in the marine environment of Haro Strait (west
side of San Juan Island) to study killer whale communication,
underwater noise, bottomfish ecology, and local climatic conditions,
and (2) A hydrophone at the Port Townsend Marine Science Center that
measures average underwater sound levels and automatically detects
unusual sounds.
NMFS has determined that these monitoring measures are adequate,
particularly as it relates to assessing the level of taking or impacts
to affected species. The land-based PSO is expected to be positioned in
a location that will maximize his/her ability to detect marine mammals
and will also be required to utilize binoculars to improve detection
rates. In addition, the boat-based PSO will cruise within the 120 dB
ZOI, which is not a particularly large zone, thereby allowing him/her
to conduct additional monitoring with binoculars. With respect to
prevent takes of SRKW, NMFS considers WSDOT's visual and acoustic
monitoring is adequate because (1) killer whales have large dorsal fins
and can be easily spotted from great distances; (2) SRKWs typically
move in groups which
[[Page 36530]]
makes visual detection much easier; and (3) resident killer whales are
very vocal, which makes them relatively easier for acoustic detection.
Reporting Measures
WSDOT will provide NMFS with a draft monitoring report within 90
days of the conclusion of the construction work. This report will
detail the monitoring protocol, summarize the data recorded during
monitoring, and estimate the number of marine mammals that may have
been harassed.
If comments are received from the NMFS Northwest Regional
Administrator or NMFS Office of Protected Resources on the draft
report, a final report will be submitted to NMFS within 30 days
thereafter. If no comments are received from NMFS, the draft report
will be considered to be the final report.
Notification of Injured or Dead Marine Mammals
In addition to the reporting measures listed above, NMFS will
require that WSDOT notify NMFS' Office of Protected Resources and NMFS'
Stranding Network of sighting an injured or dead marine mammal in the
vicinity of marine operations. Depending on the circumstance of the
incident, WSDOT shall take one of the following reporting protocols
when an injured or dead marine mammal is discovered in the vicinity of
the action area.
(a) In the unanticipated event that the construction activities
clearly cause the take of a marine mammal in a manner prohibited by
this Authorization, such as an injury, serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), WSDOT shall
immediately cease all operations and immediately report the incident to
the Supervisor of Incidental Take Program, Permits and Conservation
Division, Office of Protected Resources, NMFS, and the Northwest
Regional Stranding Coordinators. The report must include the following
information:
(i) time, date, and location (latitude/longitude) of the incident;
(ii) description of the incident;
(iii) status of all sound source use in the 24 hours preceding the
incident;
(iv) environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility, and water depth);
(v) description of marine mammal observations in the 24 hours
preceding the incident;
(vi) species identification or description of the animal(s)
involved;
(vii) the fate of the animal(s); and
(viii) photographs or video footage of the animal (if equipment is
available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with WSDOT to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. WSDOT may not resume their
activities until notified by NMFS via letter, email, or telephone.
(b) In the event that WSDOT discovers an injured or dead marine
mammal, and the lead PSO determines that the cause of the injury or
death is unknown and the death is relatively recent (i.e., in less than
a moderate state of decomposition as described in the next paragraph),
WSDOT will immediately report the incident to the Supervisor of the
Incidental Take Program, Permits and Conservation Division, Office of
Protected Resources, NMFS, and the Northwest Regional Stranding
Coordinators. The report must include the same information identified
above. Activities may continue while NMFS reviews the circumstances of
the incident. NMFS will work with WSDOT to determine whether
modifications in the activities are appropriate.
(c) In the event that WSDOT discovers an injured or dead marine
mammal, and the lead PSO determines that the injury or death is not
associated with or related to the activities authorized in the IHA
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), WSDOT shall report the incident to
the Supervisor of the Incidental Take Program, Permits and Conservation
Division, Office of Protected Resources, NMFS, and the Northwest
Regional Stranding Coordinators, within 24 hours of the discovery.
WSDOT shall provide photographs or video footage (if available) or
other documentation of the stranded animal sighting to NMFS and the
Marine Mammal Stranding Network. WSDOT can continue its operations
under such a case.
Estimated Take by Incidental Harassment
As mentioned in the Federal Register notice for the proposed IHA, a
worst-case scenario for the Bremerton Ferry Terminal project assumes
that it may take four days to remove the existing piles and seven days
to install the new piles. The maximum total number of hours of pile
removal activity is about 28 hours, and pile-driving activity is about
6.75 hours (averaging about 3.2 hours of active pile removal/driving
for each construction day).
Also, as described in the Federal Register notice for the proposed
IHA, for non-impulse noise, NMFS uses 120 dB (rms) re 1 [mu]Pa as the
threshold for Level B behavioral harassment. The distance to the 120 dB
contour Level B acoustical harassment threshold due to vibratory pile
driving for the Bremerton ferry terminal project extends a maximum of
4.7 km (2.9 miles) before land is intersected. The ZOI would be
monitored during construction to estimate actual harassment take of
marine mammals.
Airborne noises can affect pinnipeds, especially resting seals
hauled out on rocks or sand spits. The airborne 90 dB Level B threshold
for hauled out harbor seals was estimated at 37 m, and the airborne 100
dB Level B threshold for all other pinnipeds is estimated at 12 m.
The nearest known harbor seal haulout site to the Bremerton ferry
terminal is 8.5 km north and west (shoreline distance). The nearest
documented California and Steller sea lion haulout sites to the
Bremerton ferry terminal are navigation buoys in Rich Passage,
approximately 9 and 10 km east of the terminal. The Puget Sound Naval
Shipyard security barrier California sea lion haulout is located
approximately 435 m SW of the ferry terminal.
In-air noise from this project will not reach any haulout sites,
but harbor seals swimming on the surface through the 37 m zone, and
other pinnipeds swimming on the surface through the 12 m zone during
vibratory pile removal or driving may be temporarily disturbed.
Incidental take is estimated for each species by estimating the
likelihood of a marine mammal being present within a ZOI during active
pile removal or driving. Expected marine mammal presence is determined
by past observations and general abundance near the Bremerton Ferry
Terminal during the construction window. Typically, potential take is
estimated by multiplying the area of the ZOI by the local animal
density. This provides an estimate of the number of animals that might
occupy the ZOI at any given moment. However, there are no density
estimates for any Puget Sound population of marine mammal. As a result,
the take requests were estimated using local marine mammal data sets
(e.g., Orca Network, state and federal agencies), opinions from state
and federal agencies, and observations from Navy biologists.
Based on the estimates, approximately 649 Pacific harbor seals,
1,584 California sea lions, 66 Steller sea lions, 28 killer whales (24
transient, 4 Southern Resident killer whales), 8 gray
[[Page 36531]]
whales, and 8 humpback whales could be exposed to received sound levels
at or above 120 dB re 1 [mu]Pa (rms) from the proposed Bremerton Ferry
Terminal wingwalls replacement work. A summary of the estimated takes
is presented in Table 3.
Table 3--Estimated Numbers of Marine Mammals That May Be Exposed to
Received Pile Driving and Pile Removal Levels Above 120 dB re 1 [mu]Pa
(rms)
------------------------------------------------------------------------
Estimated
Species marine mammal Percentage
takes
------------------------------------------------------------------------
Pacific harbor seal..................... 649 4.4
California sea lion..................... 1,584 0.53
Steller sea lion........................ 66 0.11
Killer whale, transient................. 24 6.8
Killer whale, Southern Resident......... 4 5
Gray whale.............................. 8 0.03
Humpback whale.......................... 8 0.7
------------------------------------------------------------------------
The requested takes represent 4.4% of the Inland Washington stock
harbor seals (estimated at 14,612), 0.53% of the U.S. stock California
sea lion (estimated at 296,750), 0.11% of the eastern stock Steller sea
lion (estimated at 58,334), 6.8% of the West Coast transient killer
whale (estimated at 354), 5% of Southern Resident killer whale
(estimated at 85), 0.03% of the Eastern North Pacific stock gray whale
(estimated at 26,000), and 0.7% of the Eastern North Pacific stock
humpback whale (estimated at 1,100), all of which are small relative to
their population or stock size.
Negligible Impact and Small Numbers Analyses and Determinations
As a preliminary matter, we typically include our negligible impact
and small numbers analyses and determinations under the same section
heading of our Federal Register Notices. Despite co-locating these
terms, we acknowledge that negligible impact and small numbers are
distinct standards under the MMPA and treat them as such. The analyses
presented below do not conflate the two standards; instead, each
standard has been considered independently and we have applied the
relevant factors to inform our negligible impact and small numbers
determinations.
Pursuant to NMFS' regulations implementing the MMPA, an applicant
is required to estimate the number of animals that will be ``taken'' by
the specified activities (i.e., takes by harassment only, or takes by
harassment, injury, and/or death). This estimate informs the analysis
that NMFS must perform to determine whether the activity will have a
``negligible impact'' on the species or stock. Level B (behavioral)
harassment occurs at the level of the individual(s) and does not assume
any resulting population-level consequences, though there are known
avenues through which behavioral disturbance of individuals can result
in population-level effects. A negligible impact finding is based on
the lack of likely adverse effects on annual rates of recruitment or
survival (i.e., population-level effects). An estimate of the number of
Level B harassment takes alone is not enough information on which to
base an impact determination.
In addition to considering estimates of the number of marine
mammals that might be ``taken'' through behavioral harassment, NMFS
considers other factors, such as the likely nature of any responses
(their intensity, duration, etc.), the context of any responses
(critical reproductive time or location, migration, etc.), as well as
the number and nature of estimated Level A takes, the number of
estimated mortalities, and effects on habitat.
The WSDOT's proposed Bremerton Ferry Terminal construction project
would conduct vibratory pile removal and pile driving to replace
wingwall structures. Elevated underwater noises are expected to be
generated as a result of pile removal and pile driving activities.
However, noise levels from the machinery and activities are not
expected to reach to the level that may cause TTS, injury (PTS
included), or mortality to marine mammals. Therefore, NMFS does not
expect that any animals would experience Level A harassment or Level B
harassment in the form of TTS from being exposed to in-water pile
driving and pile removal associated with WSDOT construction project.
Based on long-term marine mammal monitoring and studies in the
vicinity of the proposed construction areas, it is estimated that
approximately 649 Pacific harbor seals, 1,584 California sea lions, 66
Steller sea lions, 40 killer whales (24 transient, 16 Southern Resident
killer whales), 8 gray whales, and 8 humpback whales could be exposed
to received noise levels above 120 dBrms re 1 [mu]Pa from
the proposed construction work at the Bremerton Ferry Terminal. These
numbers represent approximately 0.03%-6.8% of the stocks and
populations of these species could be affected by Level B behavioral
harassment. As mentioned earlier in this document, the worst case
scenario for the proposed construction work would only take a total of
34.75 hours (28 hours for pile removal and 6.75 hours for pile
driving).
In addition, these low intensity, localized, and short-term noise
exposures may cause brief startle reactions or short-term behavioral
modification by the animals. These reactions and behavioral changes are
expected to subside quickly when the exposures cease. In addition, no
important feeding and/or reproductive areas of marine mammals is known
to be near the proposed action area. Therefore, the take resulting from
the proposed Bremerton Ferry Terminal construction projects is not
reasonably expected to, and is not reasonably likely to, adversely
affect the marine mammal species or stocks through effects on annual
rates of recruitment or survival. The maximum estimated 120 dB
isopleths from vibratory pile driving is approximately 4.7 km from the
pile before being blocked by landmass.
The closest documented California sea lion haulout site to the
Bremerton Ferry Terminal is the Puget Sound Naval Shipyard security
barrier, located approximately 435 m SW of the ferry terminal. The next
closest documented California sea lion haulout sites to the Bremerton
Ferry Terminal are navigation buoys and net pens in Rich Passage,
approximately nine and ten km east of the terminal, respectively.
However, it is estimated that airborne noise from vibratory pile
driving a 30-in steel pile would fall below 90 dB and 100 dB re 1 20
[mu]Pa at 37 m and 12 m
[[Page 36532]]
from the pile, respectively. No other pinniped haulout site exists in
the vicinity of the proposed project area. Therefore, pinnipeds hauled
out at the Puget Sound Naval Shipyard security barrier will not be
affected.
For the reasons discussed in this document, NMFS has determined
that the impact of vibratory pile removal and pile driving associated
with wingwall replacements at Bremerton Ferry Terminal would result, at
worst, in the Level B harassment of small numbers of six marine mammals
that inhabit or visit the area. While behavioral modifications,
including temporarily vacating the area around the construction site,
may be made by these species to avoid the resultant visual and acoustic
disturbance, the availability of alternate areas within Washington
coastal waters and haul-out sites has led NMFS to determine that this
action will have a negligible impact on these species in the vicinity
of the proposed construction area.
In addition, no take by TTS, Level A harassment or death is
anticipated and harassment takes should be at the lowest level
practicable due to incorporation of the mitigation and monitoring
measures mentioned previously in this document.
National Environmental Policy Act (NEPA)
NMFS prepared an Environmental Assessment (EA) and analyzed the
potential impacts to marine mammals that would result from WSDOT's
wingwalls replacement work at the Bremerton Ferry Terminal. A Finding
of No Significant Impact (FONSI) was signed on June 10, 2013. A copy of
the EA and FONSI is available upon request (see ADDRESSES).
Endangered Species Act (ESA)
The humpback whale, Southern Resident stock of killer whale, and
the eastern population of Steller sea lions, are the only marine mammal
species currently listed under the ESA that could occur in the vicinity
of WSDOT's construction projects. NMFS' Permits and Conservation
Division consulted with NMFS' Northwest Regional Office Division of
Protected Resources under section 7 of the ESA on the issuance of an
IHA to WSDOT under section 101(a)(5)(D) of the MMPA for this activity.
A Biological Opinion was issued on February 19, 2013, which concludes
that issuance of the IHA is not likely to jeopardize the continued
existence of the ESA-listed marine mammal species. NMFS will issue an
Incidental Take Statement under this Biological Opinion which contains
reasonable and prudent measures with implementing terms and conditions
to minimize the effects of take of listed species.
Authorization
NMFS has issued an IHA to WSDOT for the potential harassment of
small numbers of six marine mammal species incidental to wingwalls
replacement construction activities at the Bremerton Ferry Terminal in
Washington State, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated.
Dated: June 12, 2013.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2013-14494 Filed 6-17-13; 8:45 am]
BILLING CODE 3510-22-P