[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72643-72655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28905]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC863
Taking of Marine Mammals Incidental to Specified Activities:
Mukilteo Ferry Terminal Construction Work
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments and information.
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SUMMARY: NMFS has received a request from the Washington State
Department of Transportation (WSDOT) Ferries Division (WSF) for an
authorization to take small numbers of eight species of marine mammals,
by Level B harassment, incidental to proposed construction activities
at the Mukilteo Multimodal Ferry Terminal in Mukilteo, Snohomish
County, Washington. Pursuant to the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to issue an
authorization to WSDOT to incidentally take, by harassment, small
numbers of marine mammals for a period of 1 year.
DATES: Comments and information must be received no later than January
2, 2014.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910. The mailbox address for providing email
comments is [email protected]. NMFS is not responsible for email
comments sent to addresses other than the one provided here. Comments
sent via email, including all attachments, must not exceed a 25-
megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
A copy of the application may be obtained by writing to the address
specified above or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may also 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 30, 2013, WSF submitted a request to NOAA requesting an
IHA for the possible harassment of small numbers of eight marine mammal
species incidental to construction work associated with the Mukilteo
Ferry
[[Page 72644]]
Terminal replacement project in Mukilteo, Snohomish County, Washington.
The new terminal will be located to the east of the existing location
at the site of the former U.S. Department of Defense Fuel Supply Point
facility, known as the Tank Farm property, which includes a large pier
extending into Possession Sound (Figure 1-3 of the WSF IHA
application). Completion of the entire project will occur over 4
consecutive years. WSF plans to submit an IHA request for each
consecutive year of construction. The current IHA application is for
the first year of construction, which is limited to removing the Tank
Farm Pier.
After receiving NMFS comment, on October 17, 2013, WSF submitted a
revised IHA application. The action discussed in this document is based
on WSF's October 17, 2013, IHA application. NMFS is proposing to
authorize the Level B harassment of the following marine mammal
species: harbor seal, California sea lion, Steller sea lion, harbor
porpoise, Dall's porpoise, killer whale, gray whale, and humpback
whale.
Description of the Specified Activity
The Mukilteo Tank Farm Pier, which has not been used for fuel
transfers since the late 1970s, covers approximately 138,080 ft \2\
(3.17 acres) over-water and contains approximately 3,900 12-inch
diameter creosote-treated piles. Demolition of the pier will remove
approximately 7,300 tons of creosote-treated timber from the aquatic
environment. Demolition will take approximately ten months over two in-
water work windows. Removal of the pier will occur from land and from a
barge containing a derrick, crane and other necessary equipment.
Piles will be removed with a vibratory hammer or by direct pull
using a chain wrapped around the pile. The crane operator will take
measures to reduce turbidity, such as vibrating the pile slightly to
break the bond between the pile and surrounding soil, and removing the
pile slowly; or if using direct pull, keep the rate at which piles are
removed low enough to meet regulatory turbidity limit requirements. If
piles are so deteriorated they cannot be removed using either the
vibratory or direct pull method, the operator will use a clamshell to
pull the piles from below the mudline, or cut at or just below the
mudline (up to one foot) using a hydraulic saw.
Pile removal and demolition of creosote-treated timber elements of
the Tank Farm Pier will take place between July 15 and February 15. All
work will occur in water depths between 0 and -30 feet mean lower-low
water.
The first year of construction activities for the Mukilteo
Multimodal Project is limited to removing the Tank Farm Pier. The noise
produced by the proposed vibratory pile extraction may impact marine
mammals. Direct pull and clamshell removal are not expected to exceed
noise levels that would harm or harass marine mammals. These extraction
methods are described below.
Vibratory Hammer Removal
Vibratory hammer extraction is a common method for removing timber
piling. A vibratory hammer is suspended by cable from a crane and
derrick, and positioned on the top of a pile. The pile is then unseated
from the sediments by engaging the hammer, creating a vibration that
loosens the sediments binding the pile, and then slowly lifting up on
the hammer with the aid of the crane. Once unseated, the crane
continues to raise the hammer and pulls the pile from the sediment.
When the pile is released from the sediment, the vibratory hammer
is disengaged and the pile is pulled from the water and placed on a
barge for transfer upland. Vibratory removal will take approximately 10
to 15 minutes per pile, depending on sediment conditions.
Direct Pull and Clamshell Removal
Older timber pilings are particularly prone to breaking at the
mudline because of damage from marine borers and vessel impacts. In
some cases, removal with a vibratory hammer is not possible if the pile
is too fragile to withstand the hammer force. Broken or damaged piles
may be removed by wrapping the piles with a cable and pulling them
directly from the sediment with a crane. If the piles break below the
waterline, the pile stubs will be removed with a clamshell bucket, a
hinged steel apparatus that operates like a set of steel jaws. The
bucket will be lowered from a crane and the jaws will grasp the pile
stub as the crane pulled up. The broken piling and stubs will be loaded
onto the barge for off-site disposal. Clamshell removal will be used
only if necessary, as it will produce temporary, localized turbidity
impacts. Turbidity will be kept within required regulatory limits.
Direct pull and clamshell removal do not produce noise that could
impact marine mammals.
Underwater Noise Levels
The project includes vibratory removal of 12-inch timber piles.
Based on in-water measurements at the WSF Port Townsend Ferry Terminal
(Laughlin 2011a), removal of 12-inch timber piles generated 149 to 152
decibels (dB) root mean square (rms) in reference to 1 microPa (re 1
[mu]Pa) with an overall average rms sound pressure level (SPL) of 150
dB (rms) re 1 [mu]Pa measured at 16 meters. A worst-case noise level
for vibratory removal of 12-inch timber piles will be 152 dB (rms) re 1
[mu]Pa at 16 meters.
Under current NMFS guidelines, the ``exclusion zone'' for marine
mammal exposure to noise sources is customarily defined as the area
within which received sound levels are >=180 dB (rms) re 1 [mu]Pa for
cetaceans and >=190 dB (rms) re 1 [mu]Pa for pinnipeds. These safety
criteria are based on an assumption that SPL received at levels lower
than these will not injure these animals or impair their hearing
abilities, but that at higher levels might have some such effects.
Disturbance or behavioral effects to marine mammals from underwater
sound may occur after exposure to sound at distances greater than the
exclusion zones (Richardson et al. 1995). Currently, NMFS uses 160 dB
(rms) re 1 [mu]Pa as the threshold for Level B behavioral harassment
from impulses noise, and 120 dB (rms) re 1 [mu]Pa for Level B
behavioral harassment from non-impulse noise.
For the WSF's proposed Tank Farm Pier pile removal project, since
the source level from vibratory pile removal is estimated at 152 dB
(rms) re 1 [mu]Pa, there will be no exclusion zone for marine mammals.
The sounds generated from vibratory pile removal are non-impulse
noises, therefore the zone of influence (ZOI) for marine mammal
behavioral harassment would be where received level falls to 120 dB
(rms) re 1 [mu]Pa. However, since the ambient noise level at the
vicinity of the proposed project area is between 122 to 124 dB re 1
[mu]Pa, depending on marine mammal functional hearing groups (Laughlin
2011b), the received level of 120 dB re 1 [mu]Pa would be below the
ambient level. Therefore, for this proposed project, 122 dB re 1 [mu]Pa
is used as the threshold for Level B behavioral harassment.
Using the practical geometrical spreading loss model for underwater
sound propagation, it is estimated that the radius of the ZOI is
approximately 1,600 m from the source.
Airborne Noise Levels
No unweighted in-air source level data is available for 12-inch
timber pile removal. Unweighted in-air measurements of vibratory
driving of a 30-inch steel pile collected during the 2010 WSF
Coupeville Ferry Terminal Wingwalls Replacement Project ranged from 95-
97.8 dB (rms) re 1 20 [mu]Pa at 50
[[Page 72645]]
feet (Laughlin 2010). Removal of 12-inch timber pile will be assumed to
be the same as 30-inch pile driving.
NMFS currently considers in-air noise behavioral disturbance
thresholds of 90 dB (rms) re 20 [mu]Pa (unweighted) for harbor seals,
and 100 dB (rms) re 20 [mu]Pa (unweighted) for all other pinnipeds.
Using the measurement of 97.8 dB (rms) at 50 feet, and attenuating
at 6 dBA per doubling distance overwater, in-air noise from vibratory
pile removal will attenuate to 90 dB (rms) re 20 [mu]Pa for harbor seal
at approximately 123 ft (37 m), and to 100 dB (rms) re 20 [mu]Pa for
sea lions at approximately 39 ft (12 m).
The closest documented harbor seal haul-outs are the Naval Station
Everett floating security fence and the Port Gardner log booms (4.5
miles NE). The closest documented sea lion haul-outs are the Everett
Harbor navigation buoys (3.0/3.5 miles NE).
Dates and Duration
The daily construction window for pile removal will begin no sooner
than 30 minutes after sunrise to allow for initial marine mammal
monitoring, and will end at sunset (or soon after), when visibility
decreases to the point that effective marine mammal monitoring is not
possible.
Vibratory pile removal will take approximately 10 to 15 minutes per
pile. Assuming the worst case of 15 minutes per pile (with no direct
pull or clamshell removal), removal of 3,900 piles will take and
estimated 675-975 hours over 180 days of pile removal over two seasons.
The estimate of 180 days provides for some shorter pile pulling days
during winter, transition time to dig out broken piles, and removal of
decking. This proposed IHA would cover Year One only, with removal of
1,835 piles taking approximately 90 days. It is likely that the actual
hours of vibratory pile removal will be less, as the duration assumes
that every pile will be removed with a vibratory hammer. It is likely
that many piles will require direct pull or clamshell removal, both of
which are quicker than vibratory extraction. The construction work is
expected to occur between September 1, 2014, and August 31, 2015.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species under NMFS jurisdiction most likely to
occur in the proposed construction area include Pacific harbor seal
(Phoca vitulina richardsi), California sea lion (Zalophus
californianus), Steller sea lion (Eumetopias jubatus), harbor porpoise
(Phocoena phocoena), Dall's porpoise (P. dalli), 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. (2013), which is
available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf. Refer to that document for information on these species.
Specific information concerning these species in the vicinity of the
proposed action area is provided below.
Harbor Seal
Harbor seals are members of the true seal family (Phocidae). For
management purposes, differences in mean pupping date (Temte 1986),
movement patterns (Jeffries 1985; Brown 1988), pollutant loads
(Calambokidis et al. 1985), and fishery interactions have led to the
recognition of three separate harbor seal stocks along the west coast
of the continental U.S. (Boveng 1988). The three distinct stocks are:
(1) Inland waters of Washington State (including Hood Canal, Puget
Sound, Georgia Basin and the Strait of Juan de Fuca out to Cape
Flattery), (2) outer coast of Oregon and Washington, and (3) California
(Carretta et al. 2011).
The Washington Inland Waters stock (which includes Hood Canal,
Puget Sound, Georgia Basin and the Strait of Juan de Fuca out to Cape
Flattery) may be present near the project site. Pupping seasons vary by
geographic region. For the northern Puget Sound region, pups are born
from late June through August (WDFW 2012). After October 1 all pups in
the inland waters of Washington are weaned. Of the three pinniped
species that commonly occur within the region of activity, harbor seals
are the most numerous and the only one that breeds in the inland marine
waters of Washington (Calambokidis and Baird 1994).
In 1999, Jeffries et al. (2003) recorded a mean count of 9,550
harbor seals in Washington's inland marine waters, and estimated the
total population to be approximately 14,612 animals (including the
Strait of Juan de Fuca). There are an estimated 32,000 harbor seals in
Washington today, and their population appears to have stabilized (NMFS
2011a; Jeffries 2013).
Harbor seals are the most numerous marine mammal species in Puget
Sound. Harbor seals are non-migratory; their local movements are
associated with such factors as tides, weather, season, food
availability and reproduction (Scheffer and Slipp 1944; Fisher 1952;
Bigg 1969, 1981). They are not known to make extensive pelagic
migrations, although some long-distance movements of tagged animals in
Alaska (174 km) and along the U.S. west coast (up to 550 km) have been
recorded (Pitcher and McAllister 1981; Brown and Mate 1983; Herder
1983).
Harbor seals haul out on rocks, reefs and beaches, and feed in
marine, estuarine and occasionally fresh waters. Harbor seals display
strong fidelity for haul-out sites (Pitcher and Calkins 1979; Pitcher
and McAllister 1981). The closest documented harbor seal haul-out sites
to the Tank Farm Pier are the Naval Station Everett floating security
fence, and the Port Gardner log booms, both approximately 4.5 miles
northeast of the project site. Harbor seals may also haul-out on
undocumented sites in the area, such as beaches.
Since June 2012, Naval Station Everett personnel have been
conducting counts of the number of harbor seals that use the in-water
security fence floats as haul-outs. As of April 18, 2013, the highest
count was 343 seals observed during one day in October 2012 (U.S. Navy
2013). The average number of seals hauled out for the 8 days of
monitoring falling within the Tank Farm Pier removal work window (July
15-February 15) was 117 (U.S. Navy 2013). However, given the distance
from the haul-out to the Tank Farm Pier, the number of affected seals
would be less.
Since 2007, the Everett Community College Ocean Research College
Academy (ORCA) has conducted quarterly cruises that include monitoring
stations within the ZOI. Marine mammal sightings data were collected
during these cruises. During 24 cruises within the ZOI falling within
the Tank Farm Pier removal window (July 15-February 15), the highest
count was 13 seals observed during one day in November of 2012. The
average number of seals observed during these cruises was 2.4 (ORCA
2013).
According to the NMFS National Stranding Database (2007-2013),
there were 7 confirmed harbor seal strandings within 0.5 miles of Tank
Farm Pier (NMFS 2013b).
California Sea Lion
Washington California sea lions are part of the U.S. stock, which
begins at the U.S./Mexico border and extends northward into Canada. The
U.S. stock was estimated at 296,750 in the 2012 Stock Assessment Report
(SAR) and may be at carrying capacity, although more data are needed to
verify that determination (Carretta et al. 2013). Some 3,000 to 5,000
animals are estimated to move into northwest waters
[[Page 72646]]
(both Washington and British Columbia) during the fall (September) and
remain until the late spring (May) when most return to breeding
rookeries in California and Mexico (Jeffries et al. 2000). Peak counts
of over 1,000 animals have been made in Puget Sound (Jeffries et al.
2000).
California sea lions breed on islands off Baja Mexico and southern
California with primarily males migrating to feed in the northern
waters (Everitt et al. 1980). Females remain in the waters near their
breeding rookeries off California and Mexico. All age classes of males
are seasonally present in Washington waters (WDFW 2000).
California sea lions do not avoid areas with heavy or frequent
human activity, but rather may approach certain areas to investigate.
This species typically does not flush from a buoy or haulout if
approached.
California sea lions were unknown in Puget Sound until
approximately 1979 (Steiger and Calambokidis 1986). Everitt et al.
(1980) reported the initial occurrence of large numbers at Port
Gardner, Everett (northern Puget Sound) in the spring of 1979. The
number of California sea lions using the Everett haul-out at that time
numbered around 1,000. Similar sightings and increases in numbers were
documented throughout the region after the initial sighting in 1979
(Steiger and Calambokidis 1986), including urbanized areas such as
Elliot Bay near Seattle and heavily used areas of central Puget Sound
(Gearin et al. 1986). In Washington, California sea lions use haul-out
sites within all inland water regions (WDFW 2000). The movement of
California sea lions into Puget Sound could be an expansion in range of
a growing population (Steiger and Calambokidis 1986).
The closest documented California sea lion haul-out sites to the
Tank Farm Pier are the Everett Harbor navigation buoys (3.0/3.5 miles
NE), and the Naval Station Everett floating security fence and Port
Gardner log booms (both 4.5 miles NE).
Since June 2012, Naval Station Everett personnel have been
conducting counts of the number of sea lions that use the in-water
security fence floats as haul-outs. As of April 18, 2013, the highest
count has been 123 California sea lions observed during one day in
November 2012. The average number of California sea lions hauled out
for the 8 days of monitoring falling within the Tank Farm Pier removal
work window (July 15-February 15) is 43 (U.S. Navy 2013). However,
given the distance from the haul-out to the Tank Farm Pier, it is not
expected that the same numbers would be present in the ZOI.
Since 2007, the Everett Community College ORCA has conducted
quarterly cruises that include monitoring stations within the ZOI.
Marine mammal sightings data were collected during these cruises.
During 10 cruises within the ZOI falling within the Tank Farm Pier
removal window (July 15-February 15), the highest count was 6
California sea lions observed during one day in October of 2008. The
average number of sea lions observed during these cruises was 2.8 (ORCA
2013).
According to the NMFS National Stranding Database (2007-2013),
there was one confirmed California sea lion stranding within 0.5 miles
of the Tank Farm Pier (NMFS 2013b).
Steller Sea Lion
The Eastern stock of Steller sea lion may be present near the
project site. The eastern stock of Steller sea lions is estimated to be
52,847 individuals based on 2001 through 2009 pup counts (Allen and
Angliss 2011). For Washington inland waters, Steller sea lion
abundances vary seasonally with a minimum estimate of 1,000 to 2,000
individuals present or passing through the Strait of Juan de Fuca in
fall and winter months (WSDOT 2013).
Steller sea lion numbers in Washington State decline during the
summer months, which correspond to the breeding season at Oregon and
British Columbia rookeries (approximately late May to early June) and
peak during the fall and winter months (WDFW 2000). A few Steller sea
lions can be observed year-round in Puget Sound although most of the
breeding age animals return to rookeries in the spring and summer
(WSDOT 2013).
The Eastern Steller sea lions were listed as threatened under the
Endangered Species Act (ESA). On October 23, 2013, NMFS removed the
Eastern Steller sea lion from the ESA list as this stock is determined
to have been recovered.
Breeding rookeries for the eastern stock are located along the
California, Oregon, British Columbia, and southeast Alaska coasts, but
not along the Washington coast or in inland Washington waters (Angliss
and Outlaw 2007). Adult Steller sea lions congregate at rookeries in
Oregon, California, and British Columbia for pupping and breeding from
late May to early June (Gisiner 1985).
Steller sea lions primarily use haul-out sites on the outer coast
of Washington and in the Strait of Juan de Fuca along Vancouver Island
in British Columbia. Only sub-adults or non-breeding adults may be
found in the inland waters of Washington (Pitcher et al. 2007).
However, the number of inland waters haul-out sites has increased in
recent years.
Since June 2012, Naval Station Everett personnel have been
conducting counts of the number of sea lions that use the in-water
security fence floats as haul-outs. No Steller sea lions have been
observed using the security barrier floats haul-out to date (U.S. Navy
2013).
Since 2007, the Everett Community College ORCA has conducted
quarterly cruises that include monitoring stations within the ZOI. No
Steller sea lions have been observed in the ZOI during these cruises
(ORCA 2013).
The closest documented Steller Sea lion haul-outs to the Tank Farm
Pier are the Orchard Rocks and Rich Passage buoys near S. Bainbridge
Island (19 miles SW), and Craven Rock near Marrowstone Island (23 miles
NW). Haul-outs are generally occupied from October through May, which
overlaps with the in-water work window. Any Steller sea lions near the
Tank Farm Pier would be transiting through the area.
There is no data available on the number of Steller sea lions that
use the Orchard Rocks. Up to 12 Steller sea lions have been observed
using the Craven Rock haul-out off of Marrowstone Island in northern
Puget Sound (WSF 2010). However, given the distance from this haul-out
to the Tank Farm Pier, it is not expected that the same numbers would
be present in the ZOI.
According to the NMFS National Stranding Database (2007-2013),
there were no Steller sea lion strandings in the area of the Tank Farm
Pier (NMFS 2013b).
Harbor Porpoise
The Washington Inland Waters Stock of harbor porpoise may be found
near the project site. The Washington Inland Waters Stock occurs in
waters east of Cape Flattery (Strait of Juan de Fuca, San Juan Island
Region, and Puget Sound).
The Washington Inland Waters Stock mean abundance estimate based on
2002 and 2003 aerial surveys conducted in the Strait of Juan de Fuca,
San Juan Islands, Gulf Islands, and Strait of Georgia is 10,682 harbor
porpoises (NMFS 2011d).
No harbor porpoises were observed within Puget Sound proper during
comprehensive harbor porpoise surveys (Osmek et al. 1994) or Puget
Sound Ambient Monitoring Program (PSAMP) surveys conducted in the 1990s
(WDFW 2008). Declines were attributed to gill-net fishing, increased
vessel activity,
[[Page 72647]]
contaminants, and competition with Dall's porpoise.
However, populations appear to be rebounding with increased
sightings in central Puget Sound (Carretta et al. 2007b) and southern
Puget Sound (WDFW 2008). Recent systematic boat surveys of the main
basin indicate that at least several hundred and possibly as many as
low thousands of harbor porpoise are now present. While the reasons for
this recolonization are unclear, it is possible that changing
conditions outside of Puget Sound, as evidenced by a tripling of the
population in the adjacent waters of the Strait of Juan de Fuca and San
Juan Islands since the early 1990s, and the recent higher number of
harbor porpoise mortalities in coastal waters of Oregon and Washington,
may have played a role in encouraging harbor porpoise to explore and
shift into areas like Puget Sound (Hanson et al. 2011).
Harbor porpoises are common in the Strait of Juan de Fuca and south
into Admiralty Inlet, especially during the winter, and are becoming
more common south of Admiralty Inlet. Little information exists on
harbor porpoise movements and stock structure near the Mukilteo area,
although it is suspected that in some areas harbor porpoises migrate
(based on seasonal shifts in distribution). For instance Hall (2004)
found harbor porpoises off Canada's southern Vancouver Island to peak
during late summer, while the Washington State Department of Fish and
Wildlife's (WDFW) Puget Sound Ambient Monitoring Program (PSAMP) data
show peaks in Washington waters to occur during the winter.
Hall (2004) found that the frequency of sighting of harbor
porpoises decreased with increasing depth beyond 150 m with the highest
numbers observed at water depths ranging from 61 to 100 m. Although
harbor porpoises have been spotted in deep water, they tend to remain
in shallower shelf waters (<150 m) where they are most often observed
in small groups of one to eight animals (Baird 2003). Water depths
within the Tank Farm Pier ZOI range from 0 to 192 m.
Since 2007, the Everett Community College ORCA has conducted
quarterly cruises that include monitoring stations within the ZOI. No
harbor porpoise have been observed within the ZOI during these cruises
(ORCA 2013).
According to the NMFS National Stranding Database, there was one
confirmed harbor porpoise stranding within 0.5 miles of the Tank Farm
Pier from 2007 to 2013 (NMFS 2013b).
Dall's Porpoise
The California, Oregon, and Washington Stock of Dall's porpoise may
be found near the project site. The most recent estimate of Dall's
porpoise stock abundance is 42,000, based on 2005 and 2008 summer/
autumn vessel-based line transect surveys of California, Oregon, and
Washington waters (Carretta et al. 2011). Within the inland waters of
Washington and British Columbia, this species is most abundant in the
Strait of Juan de Fuca east to the San Juan Islands. The most recent
Washington's inland waters estimate is 900 animals (Calambokidis et al.
1997). Prior to the 1940s, Dall's porpoises were not reported in Puget
Sound.
Dall's porpoises are migratory and appear to have predictable
seasonal movements driven by changes in oceanographic conditions (Green
et al. 1992, 1993), and are most abundant in Puget Sound during the
winter (Nysewander et al. 2005; WDFW 2008). Despite their migrations,
Dall's porpoises occur in all areas of inland Washington at all times
of year (WSDOT 2013), but with different distributions throughout Puget
Sound from winter to summer. The average winter group size is three
animals (WDFW 2008).
Since 2007, the Everett Community College ORCA has conducted
quarterly cruises that include monitoring stations within the ZOI. No
Dall's porpoise have been observed within the ZOI during these cruises
(ORCA 2013).
According to the NMFS National Stranding Database (2007-2013),
there were no Dall's porpoise strandings in the area of the Tank Farm
Pier (NMFS 2013b).
Killer Whale
The Eastern North Pacific Southern Resident (SR) and West Coast
Transient stocks of killer whale may be found near the project site.
A. Southern Resident Stock
The Southern Residents live in three family groups known as the J,
K and L pods. As of July 1, 2013, the stock collectively numbers 82
individuals: J pod has 26 members, K pod has 19 members, and L pod has
37 members (CWR 2013).
Southern Residents are documented in coastal waters ranging from
central California to the Queen Charlotte Islands, British Columbia
(NMFS 2008). They occur in all inland marine waters. SR killer whales
generally spend more time in deeper water and only occasionally enter
water less than 15 feet deep (Baird 2000). Distribution is strongly
associated with areas of greatest salmon abundance, with heaviest
foraging activity occurring over deep open water and in areas
characterized by high-relief underwater topography, such as subsurface
canyons, seamounts, ridges, and steep slopes (Wiles 2004).
Sightings compiled by the Orca Network from 1990-2013 show that SR
killer whale occurs most frequently in the general area of the Tank
Farm Pier in the fall and winter, and are far less common from April
through September (Osborne 2008; Orca Network 2013). Since 2007, the
Everett Community College ORCA has conducted quarterly cruises that
include monitoring stations within the ZOI. No killer whales have been
observed within the ZOI during these cruises (ORCA 2013).
Records from 1976 through 2013 document Southern Residents in the
inland waters of Washington during the months of March through June and
October through December, with the primary area of occurrence in inland
waters north of Admiralty Inlet, located in north Puget Sound (Osborne
2008; Orca Network 2013).
Beginning in May or June and through the summer months, all three
pods (J, K, and L) of Southern Residents are most often located in the
protected inshore waters of Haro Strait (west of San Juan Island), in
the Strait of Juan de Fuca, and Georgia Strait near the Fraser River.
Historically, the J pod also occurred intermittently during this
time in Puget Sound; however, records from 1997-2007 show that J pod
did not enter Puget Sound south of the Strait of Juan de Fuca from
approximately June through August (Osborne 2008).
In fall, all three pods occur in areas where migrating salmon are
concentrated such as the mouth of the Fraser River. They may also enter
areas in Puget Sound where migrating chum and Chinook salmon are
concentrated (Osborne 1999). In the winter months, the K and L pods
spend progressively less time in inland marine waters and depart for
coastal waters in January or February. The J pod is most likely to
appear year-round near the San Juan Islands, and in the fall/winter, in
the lower Puget Sound and in Georgia Strait at the mouth of the Fraser
River.
According to the NMFS National Stranding Database (2007-2013),
there were no killer whale strandings in the area of the Tank Farm Pier
(NMFS 2013b).
The SR killer whale stock was declared ``depleted/strategic'' under
the MMPA in May 2003 (68 FR 31980). On November 18, 2005, the SR stock
was listed as ``endangered'' under the ESA (70 FR 69903). On November
29, 2006, NMFS published a final rule designating
[[Page 72648]]
critical habitat for the SR killer whale DPS. Both Puget Sound and the
San Juan Islands are designated as core areas of critical habitat under
the ESA, excluding areas less than 20 feet deep relative to extreme
high water are not designated as critical habitat (71 FR 69054). A
final recovery plan for Southern Residents was published in January of
2008 (NMFS 2008).
B. West Coast Transient Stock
Transient killer whales generally occur in smaller (less than 10
individuals), less structured pods (NMFS 2013). According to the Center
for Whale Research (CWR 2013), they tend to travel in small groups of
one to five individuals, staying close to shorelines, often near seal
rookeries when pups are being weaned.
The West Coast Transient stock, which includes individuals from
California to southeastern Alaska, is estimated to have a minimum
number of 354 (NMFS 2012b).
The West Coast Transient stock occurs in California, Oregon,
Washington, British Columbia, and southeastern Alaskan waters. Within
the inland waters, they may frequent areas near seal rookeries when
pups are weaned (Baird and Dill 1995).
Sightings compiled by the Orca Network from 1990-2013 show that
transient killer whale occurs most frequently in the general area of
the Mukilteo Tank Farm Pier in the spring and summer, and are far less
common from September through February (Orca Network 2013). However,
transient killer whale occurrence is less predictable than SR killer
whale occurrence, and they may be present at any time of the year.
Since 2007, the Everett Community College ORCA has conducted quarterly
cruises that include monitoring stations within the ZOI. No killer
whales have been observed within the ZOI during these cruises (ORCA
2013).
Gray Whale
The Eastern North Pacific stock of gray whale may be found near the
project site. The minimum population estimate of the Eastern North
Pacific stock is 18,017 (Carretta et al. 2011).
Within Washington waters, gray whale sightings reported to Cascadia
Research and the Whale Museum between 1990 and 1993 totaled over 1,100
(Calambokidis et al. 1994). Abundance estimates calculated for the
small regional area between Oregon and southern Vancouver Island,
including the San Juan Area and Puget Sound, suggest there were 137 to
153 individual gray whales from 2001 through 2003 (Calambokidis et al.
2004a). Forty-eight individual gray whales were observed in Puget Sound
and Hood Canal in 2004 and 2005 (Calambokidis 2007).
Although typically seen during their annual migrations on the outer
coast, a regular group of gray whales annually comes into the inland
waters at Saratoga Passage and Port Susan (7.5 miles north) from March
through May to feed on ghost shrimp (Weitkamp et al. 1992). During this
time frame they are also seen in the Strait of Juan de Fuca, the San
Juan Islands, and areas of Puget Sound, although the observations in
Puget Sound are highly variable between years (Calambokidis et al.
1994). The average tenure within Washington inland waters is 47 days
and the longest stay was 112 days (WSDOT 2013).
Sightings compiled by the Orca Network from 1990-2013 show that
gray whales are most frequently in the general area of the Mukilteo
Tank Farm Pier from January through May, and are far less common from
June through September (Orca Network 2013). Since 2007, the Everett
Community College ORCA has conducted quarterly cruises that include
monitoring stations within the ZOI. No gray whales have been observed
within the ZOI during these cruises (ORCA 2013).
According to the NMFS National Stranding Database (2007-2013),
there were no gray whale strandings in the area of the Tank Farm Pier
(NMFS 2013b).
Humpback Whale
The California-Oregon-Washington (CA-OR-WA) stock of humpback whale
may be found near the project site. The 2007/2008 estimate of 2,043
humpback whales is the best estimate for abundance for this stock
(Carretta et al. 2011).
Historically, humpback whales were common in inland waters of Puget
Sound and the San Juan Islands (Calambokidis et al. 2004b). In the
early part of this century, there was a productive commercial hunt for
humpbacks in Georgia Strait that was probably responsible for their
long disappearance from local waters (Osborne et al. 1988). Commercial
hunts ended in the 1960's. Since the mid-1990s, sightings in Puget
Sound have increased.
This stock calves and mates in coastal Central America and Mexico
and migrates up the coast from California to southern British Columbia
in the summer and fall to feed (NMFS 1991; Marine Mammal Commission
2003; Carretta et al. 2007). Few humpback whales are seen in Puget
Sound, but more frequent sightings occur in the Strait of Juan de Fuca
and near the San Juan Islands. Most sightings are in spring and summer.
Sightings compiled by the Orca Network from 1990-2013 show that
humpback whales are most frequently in the general area of the Tank
Farm Pier from April through June, and are far less common from July to
March (Orca Network 2013). Since 2007, the Everett Community College
ORCA has conducted quarterly cruises that include monitoring stations
within the ZOI. No humpback whales have been observed within the ZOI
during these cruises (ORCA 2013).
According to the NMFS National Stranding Database (2007-2013),
there were no humpback whale strandings in the area of the Tank Farm
Pier (NMFS 2013b).
Potential Effects of the Specified Activity on Marine Mammals
WSF and NMFS determined that open-water vibratory pile removal
during the during the Mukilteo Tank Farm Pier Removal project has the
potential to result in behavioral harassment of marine mammal species
and stocks in the vicinity of the proposed activity.
Marine mammals exposed to high intensity sound repeatedly or for
prolonged periods can experience hearing threshold shift (TS), which is
the loss of hearing sensitivity at certain frequency ranges (Kastak et
al. 1999; Schlundt et al. 2000; Finneran et al. 2002; 2005). TS can be
permanent (PTS), in which case the loss of hearing sensitivity is
unrecoverable, or temporary (TTS), in which case the animal's hearing
threshold will recover over time (Southall et al. 2007). Since marine
mammals depend on acoustic cues for vital biological functions, such as
orientation, communication, finding prey, and avoiding predators,
hearing impairment could result in the reduced ability of marine
mammals to detect or interpret important sounds. Repeated noise
exposure that leads to TTS could cause PTS.
As mentioned earlier in this document, under current NMFS
guidelines, the received exposure level for Level A harassment is
defined at >=180 dB (rms) re 1 [mu]Pa for cetaceans and >=190 dB (rms)
re 1 [mu]Pa for pinnipeds. The measured source levels from vibratory
removal of 12-inch timber piles are between 149 and 152 dB (rms) re 1
[mu]Pa at 16 m from the hammer (Laughlin 2011a). Therefore, the
proposed Mukilteo Tank Farm Pier Removal construction project is not
[[Page 72649]]
expected to cause Level A harassment or TTS to marine mammals.
In addition, chronic exposure to excessive, though not high-
intensity, noise could cause masking at particular frequencies for
marine mammals that utilize sound for vital biological functions (Clark
et al. 2009). Masking can interfere with detection of acoustic signals
such as communication calls, echolocation sounds, and environmental
sounds important to marine mammals. Therefore, under certain
circumstances, marine mammals whose acoustical sensors or environment
are being severely masked could also be impaired.
Masking occurs at the frequency band which the animals utilize.
Therefore, since noise generated from in-water vibratory pile removal
is mostly concentrated at low frequency ranges, it may have less effect
on high frequency echolocation sounds by odontocetes (toothed whales).
However, lower frequency man-made noises are more likely to affect
detection of communication calls and other potentially important
natural sounds such as surf and prey noise. It may also affect
communication signals when they occur near the noise band and thus
reduce the communication space of animals (e.g., Clark et al. 2009) and
cause increased stress levels (e.g., Foote et al. 2004; Holt et al.
2009).
Unlike TS, masking can potentially impact the species at
population, community, or even ecosystem levels, as well as individual
levels. Masking affects both senders and receivers of the signals and
could have long-term chronic effects on marine mammal species and
populations. Recent science suggests that low frequency ambient sound
levels have increased by as much as 20 dB (more than 3 times in terms
of SPL) in the world's ocean from pre-industrial periods, and most of
these increases are from distant shipping (Hildebrand 2009). All
anthropogenic noise sources, such as those from vessel traffic, pile
driving, dredging, and dismantling existing bridge by mechanic means,
contribute to the elevated ambient noise levels, thus intensify
masking.
Nevertheless, the levels of noise from the proposed WSDOT
construction activities are relatively low and are blocked by landmass
southward. Therefore, the noise generated is not expected to contribute
to increased ocean ambient noise. Due to shallow water depths near the
ferry terminals, underwater sound propagation for low-frequency sound
(which is the major noise source from pile driving) is expected to be
poor.
Finally, exposure of marine mammals to certain sounds could lead to
behavioral disturbance (Richardson et al. 1995), such as: Changing
durations of surfacing and dives, number of blows per surfacing, or
moving direction and/or speed; reduced/increased vocal activities,
changing/cessation of certain behavioral activities (such as
socializing or feeding); visible startle response or aggressive
behavior (such as tail/fluke slapping or jaw clapping), avoidance of
areas where noise sources are located, and/or flight responses (e.g.,
pinnipeds flushing into water from haulouts or rookeries).
The biological significance of many of these behavioral
disturbances is difficult to predict, especially if the detected
disturbances appear minor. However, the consequences of behavioral
modification could be expected to be biologically significant if the
change affects growth, survival, and reproduction. Some of these
significant behavioral modifications include:
Drastic change in diving/surfacing patterns (such as those
thought to be causing beaked whale stranding due to exposure to
military mid-frequency tactical sonar);
Habitat abandonment due to loss of desirable acoustic
environment; and
Cease feeding or social interaction.
The onset of behavioral disturbance from anthropogenic noise
depends on both external factors (characteristics of noise sources and
their paths) and the receiving animals (hearing, motivation,
experience, demography) and is also difficult to predict (Southall et
al. 2007).
The proposed project area is not a prime habitat for marine
mammals, nor is it considered an area frequented by marine mammals.
Therefore, behavioral disturbances that could result from anthropogenic
noise associated with WSDOT construction activities are expected to
affect only a small number of marine mammals on an infrequent basis.
Currently NMFS uses 120 dBrms re 1 [mu]Pa received level
for non-impulse noises (such as vibratory pile driving, saw cutting,
drilling, and dredging) for the onset of marine mammal Level B
behavioral harassment. However, since the ambient noise level at the
vicinity of the proposed project area is between 122 to 124 dB re 1
[mu]Pa, depending on marine mammal functional hearing groups (Laughlin
2011b), the received level of 120 dB re 1 [mu]Pa would be below the
ambient level. Therefore, for this proposed project, 122 dB re 1 [mu]Pa
is used as the threshold for Level B behavioral harassment. The
distance to the 122 dB contour Level B acoustical harassment threshold
due to vibratory pile removal extends a maximum of 1.6 km (1 mile).
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 (123 ft), and the
airborne 100 dB Level B threshold for all other pinnipeds is estimated
at 12 m (39 ft).
The closest documented harbor seal haul-out is the Naval Station
Everett floating security fence, and the Port Gardner log booms, both
approximately 4.5 miles to the northeast of the project site). The
closest documented California sea lion haul out site are the Everett
Harbor navigation buoys, located approximately 3 miles to the northeast
of the project site. Disturbance from airborne noise will be limited to
those animals moving on the surface through the immediate pier area,
within approximately 37 m (123 ft) 12 m (39 ft) of vibratory pile
removal.
Potential Effects on Marine Mammal Habitat
The primary potential impacts to marine mammal habitat are
associated with elevated sound levels produced by vibratory pile
removal in the area. However, other potential impacts to the
surrounding habitat from physical disturbance are also possible.
Potential Impacts on Prey Species
With regard to fish as a prey source for cetaceans and pinnipeds,
fish are known to hear and react to sounds and to use sound to
communicate (Tavolga et al. 1981) and possibly avoid predators (Wilson
and Dill 2002). Experiments have shown that fish can sense both the
strength and direction of sound (Hawkins 1981). Primary factors
determining whether a fish can sense a sound signal, and potentially
react to it, are the frequency of the signal and the strength of the
signal in relation to the natural background noise level.
The level of sound at which a fish will react or alter its behavior
is usually well above the detection level. Fish have been found to
react to sounds when the sound level increased to about 20 dB above the
detection level of 120 dB (Ona 1988); however, the response threshold
can depend on the time of year and the fish's physiological condition
(Engas et al. 1993). In general, fish react more strongly to pulses of
sound rather than non-pulse signals (such as noise from vessels)
(Blaxter et al. 1981), and a quicker alarm response is elicited when
the sound signal intensity rises rapidly compared to sound rising more
slowly to the same level.
[[Page 72650]]
Further, during the coastal construction only a small fraction of
the available habitat would be ensonified at any given time.
Disturbance to fish species would be short-term and fish would return
to their pre-disturbance behavior once the pile driving activity
ceases. Thus, the proposed construction would have little, if any,
impact on the abilities of marine mammals to feed in the area where
construction work is planned.
Finally, the time of the proposed construction activity would avoid
the spawning season of the ESA-listed salmonid species.
Water and Sediment Quality
Short-term turbidity is a water quality effect of most in-water
work, including pile removal. WSF must comply with state water quality
standards during these operations by limiting the extent of turbidity
to the immediate project area.
Roni and Weitkamp (1996) monitored water quality parameters during
a pier replacement project in Manchester, Washington. The study
measured water quality before, during and after pile removal and
driving. The study found that construction activity at the site had
``little or no effect on dissolved oxygen, water temperature and
salinity'', and turbidity (measured in nephelometric turbidity units
[NTU]) at all depths nearest the construction activity was typically
less than 1 NTU higher than stations farther from the project area
throughout construction.
Similar results were recorded during pile removal operations at two
WSF ferry facilities. At the Friday Harbor terminal, localized
turbidity levels within the regulatory compliance radius of 150 feet
(from three timber pile removal events) were generally less than 0.5
NTU higher than background levels and never exceeded 1 NTU. At the
Eagle Harbor maintenance facility, within 150 feet, local turbidity
levels (from removal of timber and steel piles) did not exceed 0.2 NTU
above background levels (WSF 2012). In general, turbidity associated
with pile installation is localized to about a 25-foot radius around
the pile (Everitt et al. 1980).
Cetaceans are not expected to be close enough to the Tank Farm Pier
to experience turbidity, and any pinnipeds will be transiting the area
and could avoid localized turbidity. Therefore, the impact from
increased turbidity levels is expected to be discountable to marine
mammals.
Removal of the Tank Farm Pier will result in 3,900 creosote-treated
piles (~7,300 tons) removed from the marine environment. This will
result in temporary and localized sediment re-suspension of some of the
contaminants associated with creosote, such as polycyclic aromatic
hydrocarbons.
However, the removal of the creosote-treated wood piles from the
marine environment will result in a long-term improvement in water and
sediment quality, meeting the goals of WSF's Creosote Removal
Initiative started in 2000. The net impact is a benefit to marine
organisms, especially toothed whales and pinnipeds that are high on the
food chain and bioaccumulate these toxins.
This is especially a concern for long-lived species that spend much
of their life in Puget Sound, such as Southern Resident killer whales
(NMFS 2008).
Potential Impacts on Availability of Affected Species or Stock for
Taking for Subsistence Uses
No subsistence harvest of marine mammals occur in the proposed
action area.
Proposed Mitigation Measures
In order to issue an incidental take authorization under Section
101(a)(5)(D) of the MMPA, NMFS must set forth 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 the proposed Mukilteo Tank Farm Pier removal project, WSF
proposed the following mitigation measures to minimize the potential
impacts to marine mammals in the project vicinity. These mitigation
measures would be employed during all pile removal activities at the
Mukilteo Tank Farm Pier. WSF has informed NMFS that any mitigation
measures required by the IHA would be imposed upon contracting parties,
through the Contract Plans and Specifications, and contractors.
Since the measured source levels (at 16 m) of the vibratory hammer
involved in pile removal are below NMFS current thresholds for Level A
takes, i.e., below 180 dB re 1 [mu]Pa (rms), no exclusion zone would be
established, and there would be no required power-down and shutdown
measures. In addition, as mentioned previously, the ambient noise level
at the proposed work site is approximately 122 dB re 1 [mu]Pa, WSF
would establish and monitor a zone of influence (ZOI) where the
received level falls to this ambient noise level.
One major mitigation measure for WSDOT's proposed pile removal
activities at the Mukilteo Tank Farm Pier is ramping up, or soft start,
of vibratory pile hammers. The purpose of this procedure is to reduce
the startling behavior of marine mammals in the vicinity of the
proposed construction activity from sudden loud noise.
Soft start requires contractors to initiate noise from vibratory
hammers for 15 seconds at reduced energy followed by a 1-minute waiting
period. The procedure will be repeated two additional times. Each day,
WSF will use the soft-start technique at the beginning of pile removal,
or if pile removal has ceased for more than one hour.
To ensure that marine mammal takes will not exceed the authorized
levels, monitoring for marine mammal presence will take place 30
minutes before, during and 30 minutes after pile driving to ensure that
marine mammals takes will not exceed the authorized levels.
If the number of any allotted marine mammal takes (see Estimated
Take by Incidental Harassment section below) reaches the limit under
the IHA (if issued), WSDOT would implement shutdown and power down
measures if such species/stock of animal approaches the Level B
harassment zone.
Especially, to ensure that the Level B takes of Southern Resident
killer whales (SRKW) does not exceed 5% of its population, shutdown
measures will be taken when SRKW approach the ZOI during vibratory pile
removal. Pile removal will not resume until the SRKW exit the ZOI.
If killer whale approach the ZOI during vibratory pile removal, and
it is unknown whether they are SRKW or transient, it shall be assumed
they are SRKW and work will be paused until the whales exit the ZOI.
If SRKW enter the ZOI undetected, up to 4 `unintentional' Level B
harassment takes will be allowed. Work will be paused until the SRKW
exit the ZOI to avoid further Level B harassment take.
Furthermore, the contractor shall regularly check fuel hoses, oil
drums, oil or fuel transfers valves, fittings, etc. for leaks, and
shall maintain and store materials properly to prevent spills.
Proposed Monitoring and Reporting
In order to issue an ITA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for ITAs
must
[[Page 72651]]
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 proposed action area.
Proposed Monitoring Measures
The monitoring plan proposed by WSDOT can be found in its IHA
application. The plan may be modified or supplemented based on comments
or new information received from the public during the public comment
period. A summary of the primary components of the plan follows.
(1) Marine Mammal Monitoring Coordination
WSF would conduct briefings with the construction supervisors and
the crew, and marine mammal observer(s) prior to the start of pier
removal to discuss marine mammal monitoring protocol and requirement to
halt work.
Prior to the start of pile driving, the Orca Network and/or Center
for Whale Research would be contacted to find out the location of the
nearest marine mammal sightings. The Orca Sightings Network consists of
a list of over 600 (and growing) residents, scientists, and government
agency personnel in the U.S. and Canada. Sightings are called or
emailed into the Orca Network and immediately distributed to other
sighting networks including: the Northwest Fisheries Science Center of
NMFS, the Center for Whale Research, Cascadia Research, the Whale
Museum Hotline and the British Columbia Sightings Network.
Sightings information collected by the Orca Network includes
detection by hydrophone. The SeaSound Remote Sensing Network is a
system of interconnected hydrophones installed in the marine
environment of Haro Strait (west side of San Juan Island) to study orca
communication, in-water noise, bottomfish ecology and local climatic
conditions. A hydrophone at the Port Townsend Marine Science Center
measures average in-water sound levels and automatically detects
unusual sounds. These passive acoustic devices allow researchers to
hear when different marine mammals come into the region. This acoustic
network, combined with the volunteer (incidental) visual sighting
network allows researchers to document presence and location of various
marine mammal species.
With this level of coordination in the region of activity, WSF
would be able to get real-time information on the presence or absence
of whales before starting any pile removal or driving.
(2) Protected Species Observers (PSOs)
WSDOT will employ qualified PSOs to monitor the 120
dBrms re 1 [mu]Pa 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
will be necessary to correctly identify the target.
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; dates and times when pile removal was paused
due to the presence of marine mammals.
(3) Monitoring Protocols
PSOs would be present on site at all times during pile removal.
Marine mammal behavior, overall numbers of individuals observed,
frequency of observation, and the time corresponding to the daily tidal
cycle would be recorded.
WSF proposes the following methodology to estimate marine mammals
that were taken as a result of the proposed Mukilteo Multimodal Tank
Farm Pier removal project:
During vibratory pile removal, two land-based biologists
will monitor the area from the best observation points available. If
weather conditions prevent adequate land-based observations, boat-based
monitoring may be implemented.
To verify the required monitoring distance, the vibratory
Level B behavioral harassment ZOI will be determined by using a range
finder or hand-held global positioning system device.
The vibratory Level B acoustical harassment ZOI will be
monitored for the presence of marine mammals 30 minutes before, during,
and 30 minutes after any pile removal activity.
Monitoring will be continuous unless the contractor takes
a significant break, in which case, monitoring will be required 30
minutes prior to restarting pile removal.
If marine mammals are observed, their location within the
ZOI, and their reaction (if any) to pile-driving activities will be
documented.
NMFS has reviewed the WSF's proposed marine mammal monitoring
protocol, and has preliminarily determined the applicant's monitoring
program is 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 utilize binoculars to
improve detection rates.
Proposed Reporting Measures
WSF would provide NMFS with a draft monitoring report within 90
days of the conclusion of the proposed 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.
Estimated Take by Incidental Harassment
As mentioned earlier in this document, a worst-case scenario for
Year One piling removal assumes that it may take 516 hours over 90 days
in Year One to remove 1,835 piles. The actual number of hours is
expected to be less.
Also, as described earlier, for non-impulse noise, NMFS uses 120 dB
re 1 [mu]Pa (rms) as the threshold for Level B behavioral harassment.
However, the underwater ambient noise measurements conducted at the
proposed project site indicate that the nominal noise level is around
122 dB re 1 [mu]Pa. Therefore, the distance to the 122 dB (ambient
level) contour is used for Level B behavioral harassment. The distance
to the 122 dB contour Level B
[[Page 72652]]
acoustical harassment threshold due to vibratory pile removal extends a
maximum of 1.6 km (1 mile), and determines the ZOI. The ZOI would be
monitored during pile removal 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 (123 ft), and the
airborne 100 dB Level B threshold for all other pinnipeds is estimated
at 12 m (39 ft).
The closest documented harbor seal haul-out is the Naval Station
Everett floating security fence, and the Port Gardner log booms, both
approximately 4.5 miles to the northeast of the project site. The
closest documented California sea lion haul out site are the Everett
Harbor navigation buoys, located approximately 3 miles to the northeast
of the project site. In-air disturbance will be limited to those
animals moving on the surface through the immediate pier area, within
approximately 37 m (123 ft) 12 m (39 ft) of vibratory pile removal.
Incidental take for each species is estimated by determining the
likelihood of a marine mammal being present within a ZOI during active
pile removal. Expected marine mammal presence is determined by past
observations and general abundance near the Tank Farm Pier 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 1,170 Pacific harbor seals,
540 California sea lions, 180 Steller sea lions, 720 harbor porpoises,
270 Dall's porpoises, 39 killer whales (35 transient, 4 Southern
Resident killer whales), 70 gray whales, and 28 humpback whales could
be exposed to received sound levels above 122 dB re 1 [mu]Pa (rms) from
the proposed Mukilteo Multimodal Project Tank Farm Pier removal
project. 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 Removal Levels Above 122 dB re 1 [mu]Pa (rms)
------------------------------------------------------------------------
Estimated
Species marine mammal Percentage
takes
------------------------------------------------------------------------
Pacific harbor seal..................... 1,170 4.0
California sea lion..................... 540 0.2
Steller sea lion........................ 180 0.3
Harbor porpoise......................... 720 7.0
Dall's porpoise......................... 270 0.6
Killer whale, transient................. 35 9.8
Killer whale, Southern Resident......... 4 5.0
Gray whale.............................. 70 0.4
Humpback whale.......................... 20 1.0
------------------------------------------------------------------------
The requested takes represent 4.0% of the Inland Washington stock
harbor seals (estimated at 32,000), 0.2% of the U.S. stock California
sea lion (estimated at 296,750), 0.3% of the eastern stock Steller sea
lion (estimated at 52,847), 7.0% of the Washington Inland Water stock
harbor porpoise (estimated at 10,682), 0.6% of the California, Oregon,
and Washington stock Dall's porpoise (estimated at 42,000), 9.8% of the
West Coast transient killer whale (estimated at 354), 5.0% of Southern
Resident killer whale (estimated at 82), 0.4% of the Eastern North
Pacific stock gray whale (estimated at 18,017), and 1.0% of the Eastern
North Pacific stock humpback whale (estimated at 2,043).
Negligible Impact and Small Numbers Analysis and Preliminary
Determination
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 WSF's proposed Mukilteo Tank Farm Pier removal project would
conduct vibratory pile removal activities. Elevated underwater noises
are expected to be generated as a result of pile removal. 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 (including injury) harassment or Level
B harassment in the form of TTS from being exposed to in-water pile
driving and pile removal associated with WSF construction project.
Based on long-term marine mammal monitoring and studies in the
vicinity of the proposed construction areas, it is estimated that
approximately 1,170 Pacific harbor seals, 540 California sea lions, 180
Steller sea lions, 720 harbor porpoises, 270 Dall's porpoises, 39
killer whales (35 transient, 4 Southern
[[Page 72653]]
Resident killer whales), 70 gray whales, and 20 humpback whales could
be exposed to received noise levels above 122 dBrms re 1
[mu]Pa from the proposed construction work at the Mukilteo Multimodal
Ferry Terminal. These numbers represent approximately 0.2%-9.8% of the
stocks and populations of these species that could be affected by Level
B behavioral harassment. As mentioned earlier in this document, the
worst case scenario for the proposed pile removal work would only take
a total of 516 hours over 90 days.
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. Additionally, no
important feeding and/or reproductive areas for marine mammals are
known to be near the proposed action area. Therefore, the take
resulting from the proposed Mukilteo Tank Farm Pier removal project 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 122 dB
isopleths from vibratory pile driving is approximately 1.6 km from the
pile before being blocked by landmass.
The closest documented harbor seal haul-out is the Naval Station
Everett floating security fence, and the Port Gardner log booms, both
approximately 4.5 miles to the northeast of the proposed project area.
The closest documented California sea lion haul-out sites are the
Everett Harbor navigation buoys, located approximately 3 miles to the
northeast of the project site. However, it is estimated that airborne
noise from vibratory pile removal would fall below 90 dB and 100 dB re
1 20 [mu]Pa at 37 m and 12 m from the pile, respectively. Therefore,
pinnipeds hauled out in the vicinity of the project area will not be
affected.
For the reasons discussed in this document, NMFS has preliminarily
determined that the vibratory pile removal associated with the Mukilteo
Tank Farm Pier Removal Project would result, at worst, in the Level B
harassment of small numbers of eight marine mammal species that inhabit
or visit the area. While behavioral modifications, including
temporarily vacating the area around the project 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 preliminarily determine that this
action will have a negligible impact on these species in the vicinity
of the proposed project area.
In addition, no take by TTS, Level A harassment (injury) 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.
Proposed Incidental Harassment Authorization
This section contains a draft of the IHA itself. The wording
contained in this section is proposed for inclusion in the IHA (if
issued).
1. This Authorization is valid from September 1, 2014, through
August 31, 2015.
2. This Authorization is valid only for activities associated with
in-water construction work at the Mukilteo Multimodal Ferry Terminals
in the State of Washington.
3. (a) The species authorized for incidental harassment takings,
Level B harassment only, are: Pacific harbor seal (Phoca vitulina
richardsi), California sea lion (Zalophus californianus), Steller sea
lion (Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall's
porpoise (Phocoenoides dalli), transient and Southern Resident killer
whales (Orcinus orca), gray whale (Eschrichtius robustus), and humpback
whale (Megaptera novaeangliae).
(b) The authorization for taking by harassment is limited to the
following acoustic sources and from the following activities:
(i) Vibratory pile removal; and
(ii) Work associated with pile removal activities.
(c) The taking of any marine mammal in a manner prohibited under
this Authorization must be reported within 24 hours of the taking to
the Northwest Regional Administrator (206-526-6150), National Marine
Fisheries Service (NMFS) and the Chief of the Permits and Conservation
Division, Office of Protected Resources, NMFS, at (301) 427-8401, or
his designee (301-427-8418).
4. The holder of this Authorization must notify the Chief of the
Permits and Conservation Division, Office of Protected Resources, at
least 48 hours prior to the start of activities identified in 3(b)
(unless constrained by the date of issuance of this Authorization in
which case notification shall be made as soon as possible).
5. Prohibitions:
(a) The taking, by incidental harassment only, is limited to the
species listed under condition 3(a) above and by the numbers listed in
Table 3. The taking by Level A harassment, injury or death of these
species or the taking by harassment, injury or death of any other
species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this Authorization.
(b) The taking of any marine mammal is prohibited whenever the
required protected species observers (PSOs), required by condition
7(a), are not present in conformance with condition 7(a) of this
Authorization.
6. Mitigation:
(a) Ramp Up (Soft Start):
Vibratory hammer for pile removal and pile driving shall be
initiated at reduced power for 15 seconds with a 1 minute interval, and
be repeated with this procedure for an additional two times.
(b) Marine Mammal Monitoring:
Monitoring for marine mammal presence shall take place 30 minutes
before, during and 30 minutes after pile driving.
(c) Power Down and Shutdown Measures:
(i) WSF shall implement shutdown measures if southern resident
killer whales (SRKWs) are sighted within the vicinity of the project
area and are approaching the Level B harassment zone (zone of
influence, or ZOI) during in-water construction activities.
(ii) If a killer whale approaches the ZOI during pile driving or
removal, and it is unknown whether it is a SRKW or a transient killer
whale, it shall be assumed to be a SRKW and WSF shall implement the
shutdown measure identified in 6(c)(i).
(iii) If a SRKW enters the ZOI undetected, in-water pile driving or
pile removal shall be suspended until the SRKW exits the ZOI to avoid
further level B harassment.
(iv) WSF shall implement shutdown measures if the number of any
allotted marine mammal takes reaches the limit under the IHA, if such
marine mammals are sighted within the vicinity of the project area and
are approaching the Level B harassment zone during pile removal
activities.
7. Monitoring:
(a) Protected Species Observers: WSF shall employ qualified
protected species observers (PSOs) to monitor the 122 dBrms
re 1 [mu]Pa (nominal ambient level) zone of influence (ZOI) for marine
mammals. Qualifications for marine mammal observers include:
(i) Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate
[[Page 72654]]
target size and distance. Use of binoculars will be required to
correctly identify the target.
(ii) Experience or training in the field identification of marine
mammals (cetaceans and pinnipeds).
(iii) Sufficient training, orientation or experience with the
construction operation to provide for personal safety during
observations.
(iv) 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.
(v) Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience).
(vi) 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.
(b) Monitoring Protocols: PSOs shall be present on site at all
times during pile removal.
(i) During vibratory pile removal, two land-based biologists will
monitor the area from the best observation points available. If weather
conditions prevent adequate land-based observations, boat-based
monitoring shall be implemented.
(ii) The vibratory Level B acoustical harassment ZOI shall be
monitored for the presence of marine mammals 30 minutes before, during,
and 30 minutes after any pile removal activity.
(iii) Monitoring shall be continuous unless the contractor takes a
significant break, in which case, monitoring shall be required 30
minutes prior to restarting pile removal.
(iv) A range finder or hand-held global positioning system device
shall be used to ensure that the 122 dBrms re 1 [mu]Pa Level
B behavioral harassment ZOI is monitored.
(v) If marine mammals are observed, the following information will
be documented:
(A) Species of observed marine mammals;
(B) Number of observed marine mammal individuals;
(C) Behavioral of observed marine mammals;
(D) Location within the ZOI; and
(E) Animals' reaction (if any) to pile-driving activities.
8. Reporting:
(a) WSDOT shall provide NMFS with a draft monitoring report within
90 days of the conclusion of the construction work. This report shall
detail the monitoring protocol, summarize the data recorded during
monitoring, and estimate the number of marine mammals that may have
been harassed.
(b) If comments are received from the NMFS Northwest Regional
Administrator or NMFS Office of Protected Resources on the draft
report, a final report shall 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.
(c) In the unanticipated event that the construction activities
clearly cause the take of a marine mammal in a manner prohibited by
this Authorization (if issued), such as an injury, serious injury or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
WSF 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 WSF to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. WSF may not resume their
activities until notified by NMFS via letter, email, or telephone.
(d) In the event that WSF 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),
WSF 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 WSF to determine whether
modifications in the activities are appropriate.
(e) In the event that WSF 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), WSF 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. WSF
shall provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS and the Marine
Mammal Stranding Network. WSF can continue its operations under such a
case.
9. This Authorization may be modified, suspended or withdrawn if
the holder fails to abide by the conditions prescribed herein or if the
authorized taking is having more than a negligible impact on the
species or stock of affected marine mammals, or if there is an
unmitigable adverse impact on the availability of such species or
stocks for subsistence uses.
10. A copy of this Authorization and the Incidental Take Statement
must be in the possession of each contractor who performs the
construction work at Mukilteo Multimodal Ferry Terminals.
11. WSF is required to comply with the Terms and Conditions of the
Incidental Take Statement corresponding to NMFS' Biological Opinion.
National Environmental Policy Act (NEPA)
NMFS is currently preparing an Environmental Assessment, pursuant
to NEPA, to determine whether or not the issuance of the proposed IHA
may have a significant effect on the human environment. This analysis
will be completed prior to the issuance or denial of the IHA.
Endangered Species Act (ESA)
The humpback whale and Southern Resident stock of killer whale are
the only marine mammal species currently listed under the ESA that
could occur in the vicinity of WSF's proposed construction projects.
NMFS' Permits and Conservation Division has initiated
[[Page 72655]]
consultation with NMFS' Protected Resources Division under section 7 of
the ESA on the issuance of an IHA to WSF under section 101(a)(5)(D) of
the MMPA for this activity. Consultation will be concluded prior to a
determination on the issuance of an IHA.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
authorize the take of marine mammals incidental to WSF's Mukilteo Tank
Farm Pier removal project, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
Dated: November 27, 2013.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2013-28905 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-22-P