[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43424-43429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17524]
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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; 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 eight species of marine mammals incidental to construction
activities at the Mukilteo Multimodal Ferry Terminal in Mukilteo,
Snohomish County, Washington, between September 2014 and August 2015.
DATES: Effective September 1, 2014, through August 31, 2015.
ADDRESSES: Requests for information on the incidental take
authorization should be addressed to Jolie Harrison, Supervisor,
Incidental Take Program, 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 30, 2013, WSF submitted a request to NMFS requesting an
IHA for the possible harassment of small numbers of eight marine mammal
species incidental to construction work associated with the Mukilteo
Ferry 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's 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.
Description of the Specified Activity
Detailed description of the WSDOT's Mukilteo Ferry Terminal
construction activities is provided in the Federal Register notice for
the proposed IHA (78 FR 72643; December 3, 2013). Since that time, no
changes have been made to the proposed construction activities at the
Mukilteo Ferry Terminal. Therefore, a detailed description is not
provided here. 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 December 3, 2013. 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, subject to inclusion of the
proposed mitigation and monitoring measures described in the proposed
IHA. NMFS agrees with the Commission's recommendation and issued the
IHA with mitigation and monitoring measures described below.
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), harbor porpoise (Phocoena
phocoena), Dall's porpoise (Phocoenoides dalli), killer whale (Orcinus
orca), gray whale (Eschrichtius robustus), and humpback whale
(Megaptera novaeangliae).
[[Page 43425]]
General information on the marine mammal species found in the
vicinity of the project area in Washington 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
removal associated with the Mukilteo Ferry Terminal Tank Farm removal
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 Mukilteo Ferry Terminal construction work, 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 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 discussed in the Federal Register notice for
the proposed IHA, 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 whales 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 a SRKW or an unidentified killer whale enters the ZOI
undetected, up to 4 `unintentional' Level B harassment takes will be
allowed. Work will be paused until the killer whale exits 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.
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) Marine Mammal Monitoring Coordination
WSF will 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
[[Page 43426]]
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 will 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 determined that the monitoring measures described above
are adequate, particularly as they relate 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.
Reporting Measures
WSF will 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 West Coast 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 West Coast
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
[[Page 43427]]
immediately report the incident to the Supervisor of the Incidental
Take Program, Permits and Conservation Division, Office of Protected
Resources, NMFS, and the West Coast 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 West Coast
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 Year One pile removal assumes that it may take
516 hours over 90 days in Year One to remove 1,835 piles. The actual
number of hours, however, 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 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) and 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 1.
Table 1--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
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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 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
[[Page 43428]]
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 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 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 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 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. These
percentages are small relative to the overall size of each species or
stock. 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 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 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 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.
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
Mukilteo Ferry Terminal construction work. A Finding of No Significant
Impact (FONSI) was signed on February 28, 2014. A copy of the EA and
FONSI is available upon request (see ADDRESSES).
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.
Under section 7 of the ESA, the Federal Transit Administration (FTA)
and WSDOT have consulted with NMFS Northwest Regional Office (NWRO) on
the proposed WSF Mukilteo Ferry Terminal Multimodal Project. NWRO
issued a Biological Opinion on July 31, 2013, which concludes that the
proposed Mukilteo Ferry Terminal Multimodal Project may affect, but is
not likely to adversely affect the listed marine mammal species and
stocks.
The issuance of an IHA to WSF constitutes an agency action that
authorizes an activity that may affect ESA-listed species and,
therefore, is subject to section 7 of the ESA. As the effects of the
activities on listed marine mammals were analyzed during a formal
consultation between the FTA and NMFS, and as the underlying action has
not changed from that considered in the consultation, the discussion of
effects that are contained in the Biological Opinion and accompanying
memo issued to the FTA on July 31, 2013, pertains also to this action.
Therefore, NMFS has determined that issuance of an IHA for this
activity would not lead to any effects to listed marine mammal species
apart from those that were considered in the consultation on FTA's
action.
Authorization
NMFS has issued an IHA to WSDOT for the potential harassment of
small numbers of eight marine mammal species incidental to construction
work at the Mukilteo Ferry Terminal in Washington State, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
[[Page 43429]]
Dated: March 19, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-17524 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-22-P