[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44407-44420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18045]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD330
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Breakwater Replacement Project in
Eastport, Maine
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
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SUMMARY: NMFS has received an application from the Maine Department of
Transportation (ME DOT) for an Incidental Harassment Authorization
(IHA) to take marine mammals, by harassment, incidental to in-water
construction activities in Eastport, Maine. Pursuant to the Marine
Mammal Protection Act (MMPA), NMFS is proposing to issue an IHA to
incidentally harass, by Level B harassment, four species of marine
mammals during the specified activity within a specific geographic
region and is requesting comments on its proposal.
DATES: Comments and information must be received no later than
September 2, 2014.
ADDRESSES: Comments on the application and this proposal should be
[[Page 44408]]
addressed to Jolie Harrison, 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 10-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.
An electronic copy of the application containing a list of the
references used in this document may be obtained by writing to the
address specified above, telephoning the contact listed below (see FOR
FURTHER INFORMATION CONTACT), 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.
NMFS is also preparing an Environmental Assessment (EA) in
accordance with the National Environmental Policy Act (NEPA) and will
consider comments submitted in response to this notice as part of that
process. The EA will be posted at the foregoing internet site once it
is finalized.
FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, 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 United States citizens who engage in a specified activity
(other than commercial fishing) within a specific 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.
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.''
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
Summary of Request
On February 21, 2014, NMFS received an application from ME DOT
requesting an IHA for the take, by Level B harassment, of small numbers
of harbor seals (Phoca vitulina), gray seals (Halichoerus grypus),
harbor porpoises (Phocoena phocoena), and Atlantic white-sided dolphins
(Lagenorhynchus acutus) incidental to in-water construction activities
in Eastport, Maine. Upon receipt of additional information and a
revised application, NMFS determined the application complete and
adequate on May 6, 2014.
ME DOT and the Eastport Port Authority plan to replace and expand
the pier and breakwater in Eastport, Maine. The project includes the
removal of the original filled sheet pile structure (built in 1962),
the replacement of the approach pier, expansion of the existing pier
head, and the construction of a new wave attenuator. Because elevated
sound levels from pile driving activities and the operation of an
underwater saw have the potential to result in marine mammal
harassment, NMFS proposes to issue an IHA for take incidental to in-
water construction activities.
Description of the Specified Activity
Overview
The Eastport Breakwater is a solid fill multi-use pier serving the
local fishing community by providing a safe harbor for berthing as well
as a loading and off-loading point for the fishing fleet. It also
serves as a berth for larger commercial and passenger ships and a
docking area for U.S. Coast Guard vessels. It is an `L' shaped
structure with one leg perpendicular to the shoreline and the outer leg
parallel (see Appendix A of the ME DOT IHA application). The existing
pier was built in 1962 and is on the verge of being taken out of
service due to public safety concerns. Recently, emergency repairs have
been completed to prevent shutdown; however, these repairs are only
temporary and will not keep the pier in service indefinitely. The
recommended replacement structure would consist of an open pier
supported by 151 piles, which would consist of steel pipe piles,
reinforced concrete pile caps, and a prestressed plank deck with
structural overlay. The proposed approach pier would be 40 ft by 300 ft
and the proposed main pier section that would be parallel to the
shoreline would be 50 ft by 400 ft.
Date and Duration of Proposed Activity
ME DOT plans to begin in-water construction in September 2014. The
potential construction schedule is presented in Table 1. Although
construction is expected to last more than one year, under the MMPA,
NMFS can only issue an IHA for a one-year period; therefore, ME DOT
will have to apply for another IHA to complete the project. Pile
driving would only occur in weather that provides adequate visibility
for marine mammal monitoring activities.
Table 1--Easport Breakwater Construction Schedule
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Approximate hours
of in water noise
producing Pile type to be driven/activity
Activity Duration Expected timeframe activities with resulting in harassment
sound levels over
120 dB RMS
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Approach Pier Work.............. 15-17 weeks....... September 2014-January 2015.............. 140 Sheet Piles.
[[Page 44409]]
Construction of New Pile 32-34 weeks....... January 2015-August 2015................. 190 16-24 inch steel pipe piles.
Supported Pier.
Demolition of Old Pier.......... 1 week of sheet August 2015-September 2015............... 25 Vibratory Extractor/Underwater Saw.
removal, 6 weeks
old fill removal.
Breakwater Construction......... 6 weeks........... October 2015-December 2015............... 50 N/A.
Installation of Fender Piles.... 2 weeks........... October 2015-December 2015............... 15 24-36 inch steel pipe piles.
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Specified Geographic Region
The proposed activity would occur in Cobscook Bay, in Eastport,
Maine. The breakwater lies near the mouth of the St. Croix River at the
end of a long peninsula adjacent to Quoddy Head. Cobscook Bay has
extremely strong tidal currents and notably high tides, creating an
extensive intertidal habitat for marine and coastal species. Water
depths at the proposed project location are between 8-55 ft (2.4-17m).
The Bay is considered a relatively intact marine system, as the area
has not experienced much industrialization.
Detailed Description of Activities
The replacement pier will consist of two different sections. The
approach pier will be replaced in kind by placing fill inside of a
sheet pile enclosure, supported by driven piles. The approach section
will consist of sheet piles that are driven just outside of the
existing sheet piles. The sheet piles can be installed by use of a
vibratory hammer only. The main pier, fender system, and wave fence
system will be pile supported with piles ranging from 16 inch-36 inch
diameter pipe piles. These piles will be driven with a vibratory hammer
to a point and must be seated with an impact hammer to ensure
stability. The breakdown of the size and amount of piles can be found
in Table 2.
The vibratory hammer will drive the pile by applying a rapidly
alternating force to the pile by rotating eccentric weights resulting
in a downward vibratory force on the pile. The vibratory hammer will be
attached to the pile head with a clamp. The vertical vibration in the
pile functions by disturbing or liquefying the soil next to the pile,
causing the soil particles to lose their frictional grip on the pile.
The pile moves downward under its own weight, plus the weight of the
hammer. It takes approximately one to three minutes to drive one pile.
An impact hammer will be used to ensure the piles are embedded deep
enough into the substrate to remain stable for the life of the pier.
The impact hammer works by dropping a mass on top of the pile
repeatedly to drive it into the substrate. Diesel combustion is used to
push the mass upwards and allow it to fall onto the pile again to drive
it.
Table 2--Proposed Pile Types and Amounts
[Approximate amounts]
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Amount
Pile size and type proposed
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16'' steel pipe pile....................................... 32
20'' steel pipe pile....................................... 97
24'' steel pipe pile....................................... 14
36'' steel pipe pile....................................... 8
Steel sheet pile........................................... 215
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The breakwater component of the facility consists of two portions;
sheet piles will be installed along the back of the main pier and the
other portion will be full depth wave attenuator consisting of king
piles and sheet piles. Each king pile is designed as a cantilever beam
to resist lateral loads. The king piles may also be able to be used to
anchor the floating docks. The wave attenuator will be placed on the
inshore side of the pier structure to reduce overall length and
eliminate interference with the berthing face.
Electrical and water utilities will be installed inside of the
approach pier and also under the main pier. This will require a small
amount of trenching under the main pier to bury portions of these
lines.
At this stage of the project, the demolition of the old breakwater/
pier system will take place. This is likely to be staged after a
portion of the construction of the new pier is completed to help with
access during demolition. The existing pier is a solid fill pier that
is surrounded by sheet piles. Demolition will include removal of the
fill material between the sheet piles, and cutting the sheet piles off
at the mud line for removal. The fill will likely be removed with an
excavator. Hydroacoustic impacts are also expected from using an
underwater saw to cut off piles at the mud line.
Standard ME DOT construction best management practices (BMPs) will
be used throughout the project. The erosion and sedimentation control
BMPs can be found at the following link: http://www.maine.gov/mdot/env/envdocs.htm. A spill prevention, control, and countermeasure (SPCC)
plan will also be required for the project. This plan will make sure
that all contaminants are properly stored and a cleanup plan is in
place in case of any spills.
The data included in Table 3 below is found in Technical Guidance
for Assessment and Mitigation of the Hydroacoustic Effects of Pile
Driving on Fish, prepared for Caltrans, 2009. The remaining data comes
from the references below.
Caltrans states that drilling and saw cutting are anticipated to
produce underwater sound pressure levels (SPLs) in excess of 120 dB
RMS, but are not anticipated to exceed the 180 dB re 1 [mu]Pa (RMS) (79
FR 2421, January 14, 2014).
[[Page 44410]]
Installation of some of the pile anchors will require the use of a
down hole hammer. The hydroacoustic impacts of a down hole hammer are
largely unknown. Hydroacoustic measurements from work on the Memorial
Bridge between Maine and New Hampshire suggest that these impacts may
reach Peak SPL limits of 240 dB dB re 1 [mu]Pa. The down hole hammer
will be required for installation of 14-24'' steel pipe piles.
Table 3--Summary of Data for Unattenuated Pile Strikes With an Impact Hammer and Down Hole Hammer
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Average sound pressure measured in dB
Pile type/size Relative water depth -----------------------------------------------
Peak RMS SEL
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12''/Steel Pipe....................... <5 meters............... 192 177 ..............
24''/Steel Pipe....................... ~15 meters.............. 207 194 178
36''/Steel Pipe....................... ~10 meters.............. 210 193 183
Down Hole Hammer...................... ~3 meters............... 240 .............. ..............
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Table 4--Summary of Data for Unattenuated Pile Driving With a Vibratory Hammer/Underwater Saw
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Average sound pressure measured in dB
Pile type/size Relative water depth -----------------------------------------------
Peak RMS SEL
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12''/Steel Pipe....................... <5 meters............... 171 150 150
36''/Steel Pipe....................... ~5 meters............... 180 170 170
24''/Steel Sheet...................... ~15 meters.............. 182 165 165
Underwater Saw........................ UNK..................... .............. 120-180 ..............
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Description of Marine Mammals in the Area of the Specified Activity
Marine mammals with known presence in this region of Cobscook Bay
are the harbor seal, grey seal, harbor porpoise, and Atlantic white-
sided dolphin (Table 5). The best available data for marine mammals in
the vicinity of the project comes from the monitoring surveys conducted
in preparation of the Ocean Renewable Power Company (ORPC) tidal
generator project that was located between Eastport and Lubec, ME.
Although the ORPC project was located on the other side of the
peninsula from the Eastport pier, the presence of species and timing of
their occurrence would be similar between the two sites.
Table 5--List of Marine Mammal Species Under NMFS Jurisdiction That Occur in the Vicinity of the Eastport
Breakwater Replacement Project
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Common name Scientific name Stock ESA status Abundance
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Harbor Seal.................... Phoca vitulina... Western North Not listed....... 70,142.
Atlantic.
Gray Seal...................... Halichoerus Western North Not listed....... Over 250,000.
grypus. Atlantic.
Harbor Porpoise................ Phocoena phocoena Gulf of Maine-Bay Not listed....... 79,883.
of Fundy.
Atlantic White-sided Dolphin... Lagenorhynchus Western North Not listed....... 48,819.
acutus. Atlantic.
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ORPC has been conducting incidental visual observations of marine
mammals in Cobscook Bay since 2007, during turbine testing, travel to
and from ORPC's research vessel Energy Tide 2, and acoustic, fisheries,
subtidal, and avian surveys. During this time, ORPC personnel and
contractors, who have received specialized training in marine mammal
observation and documentation, recorded approximately 252 4-hr
observational periods over 222 days. Marine mammal observers recorded
57 seals, 47 harbor porpoises, and two Atlantic white-sided dolphins
(Table 6). The most intensive monitoring effort was conducted in 2010,
when approximately 71 marine mammals were observed over the course of
132 observation days between March 8 and December 31. Marine mammal
observers recorded 2 dolphins, 27 harbor porpoises, and 42 harbor
seals. This information is documented in ORPC's Marine Mammal
Monitoring Plan for the Cobscook Bay Tidal Power Project (ORPC, 2011).
No observations of any whale species have been made in Cobscook Bay by
ORPC since monitoring began in 2007. In addition, a review of available
databases does not indicate any recorded whale sightings in Cobscook
Bay. Other species that may possibly occur in the vicinity of the
proposed activity include North Atlantic right whale (Eubalaena
glacialis), humpback whale (Megaptera novaengliae), fin whale
(Balaenoptera borealis), minke whale (Balaenoptera acutorostrata), and
sei whale (Balaenoptera borealis). However, these five species are
generally associated with open ocean habitats and occur in more
offshore locations. NMFS has concluded that the specified activity will
not impact these five species and they are not discussed further.
[[Page 44411]]
Table 6--Marine Mammal Observations in the Proposed Project Vicinity Between December 2007, and December 2010
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Hours of Harbor and Harbor Atlantic white-
Month effort grey seal porpoise sided dolphin
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January......................................... 16 0 0 0
February........................................ 36 0 1 0
March........................................... 56 1 0 0
April........................................... 160 4 3 0
May............................................. 56 1 3 0
June............................................ 84 8 1 0
July............................................ 84 4 10 0
August.......................................... 120 16 24 2
September....................................... 100 9 5 0
October......................................... 96 8 0 0
November........................................ 72 4 0 0
December........................................ 104 2 0 0
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Total....................................... 1,008 57 47 2
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Harbor Seals
Harbor seals are typically found in temperate coastal habitats and
use rocks, reefs, beaches, and drifting glacial ice as haul outs and
pupping sites. On the east coast, they range from the Canadian Arctic
to southern New England, New York, and occasionally the Carolinas.
There are an estimated 70,142 harbor seals in the western North
Atlantic stock and the population is increasing. Harbor seals are not
listed under the Endangered Species Act (ESA) nor considered depleted
under the MMPA. More information, including stock assessment reports,
can be found at: http://www.nmfs.noaa.gov/pr/species/mammals/pinnipeds/harborseal.htm.
Gray Seals
Gray seals reside in coastal waters and also inhabit islands,
sandbars, ice shelves, and icebergs. The western North Atlantic stock
ranges from eastern Canada to the northeastern United States. Current
population numbers for the western North Atlantic stocks are unknown,
but are estimated at over 250,000 animals. Most recent population
estimates show increases in abundance in Canada and the United States,
although the population in the Gulf of St. Lawrence appears to be
declining. Gray seals pup at two established colonies off the coast of
Maine: Green Island and Seal Island. Both colonies are tens of miles
away from the proposed project site. Gray seals are not listed under
the ESA nor considered depleted under the MMPA. More information,
including stock assessment reports, can be found at http://ww.nmfs.noaa.gov/pr/sepcies/mammals/pinnipeds/grayseal.htm.
Pinnipeds produce a wide range of social signals, most occurring at
relatively low frequencies (Southall et al., 2007), suggesting that
hearing is keenest at these frequencies. Pinnipeds communicate
acoustically both on land and underwater, but have different hearing
capabilities dependent upon the medium (air or water). Based on
numerous studies, as summarized in Southall et al. (2007), pinnipeds
are more sensitive to a broader range of sound frequencies underwater
than in air. Underwater, pinnipeds can hear frequencies from 75 Hz to
75 kHz. In air, pinnipeds can hear frequencies from 75 Hz to 30 kHz
(Southall et al., 2007).
Harbor Porpoises
Harbor porpoises reside in northern temperate and subarctic coastal
and offshore waters. They are commonly found in bays, estuaries,
harbors, and fjords less than 200 m (650 ft) deep. In the western North
Atlantic, harbor porpoises range from west Greenland to Cape Hatteras,
North Carolina. Harbor porpoises in United States waters are divided
into 10 stocks, based on genetics, movement patterns, and management.
Any harbor porpoises encountered during the proposed project would be
part of the Gulf of Maine-Bay of Fundy stock, which has an estimated
abundance of 79,883 animals. Population trends for all U.S. stocks of
harbor porpoises are currently unknown. Gulf of Maine-Bay of Fundy
harbor porpoises are not listed under the ESA nor considered depleted
under the MMPA. More information, including stock assessment reports,
can be found at: http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/harborporpoise.htm.
Cetaceans are divided into three functional hearing groups: Low-
frequency, mid-frequency, and high-frequency. Harbor porpoises are
considered high-frequency cetaceans and their estimated auditory
bandwidth (lower to upper frequency hearing cut-off) ranges from 200 Hz
to 180 kHz.
Atlantic White-Sided Dolphins
Atlantic white-sided dolphins are only found in temperate waters of
the North Atlantic Ocean and typically reside along the continental
shelf and slope. They range from Greenland to North Carolina and
exhibit seasonal movements between inshore northern waters and southern
offshore waters. The western North Atlantic stock has an estimated
48,819 animals, but there is insufficient information to determine
population trends. Atlantic white-sided dolphins are not listed under
the ESA nor considered depleted under the MMPA. More information,
including stock assessment reports, can be found at: http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/whitesideddolphin_atlantic.htm.
Atlantic white-sided dolphins are considered mid-frequency
cetaceans and their estimated auditory bandwidth ranges from 150 Hz to
160 kHz.
Potential Effects of the Specified Activity on Marine Mammals
This section discusses the types of stressors associated with the
specified activity (e.g., in-water construction) and their impacts on
marine mammals. This section may include a discussion of known effects
that do not rise to the level of an MMPA take (for example, with
acoustics, we may include a discussion of studies that reported no
reaction to sound from animals or exhibiting barely measureable
avoidance). This discussion may also include reactions that we consider
to rise to the level of take. This section provides background on
potential effects and does not consider either the specific manner in
which the proposed activity will be carried out or the
[[Page 44412]]
mitigation that may be implemented or how either influences the
anticipated impacts of the specific activity. The ``Estimated Take by
Incidental Harassment'' section later in this document includes a
quantitative analysis of the number of individuals that are expected to
be taken by the proposed activity. The ``Negligible Impact Analysis''
section includes the analysis of how this specific activity will impact
marine mammals and considers the content of this section, the
``Estimated Take by Incidental Harassment'' section, the ``Mitigation''
section, and the ``Anticipated Effects on Marine Mammal Habitat''
section to draw preliminary conclusions regarding the likely impacts of
the proposed activity on the reproductive success or survivorship of
individuals and on the affected marine mammal populations or stocks.
Elevated in-water sound levels from pile driving and operating an
underwater saw in the proposed project area may temporarily impact
marine mammal behavior. Elevated in-air sound levels are not a concern
because the nearest significant pinniped haul-out is more than six
nautical miles (NM) away. Marine mammals are continually exposed to
many sources of sound. For example, lightning, rain, sub-sea
earthquakes, and animals are natural sound sources throughout the
marine environment. Marine mammals produce sounds in various contexts
and use sound for various biological functions including, but not
limited to, (1) social interactions; (2) foraging; (3) orientation; and
(4) predator detection. Interference with producing or receiving these
sounds may result in adverse impacts. Audible distance or received
levels will depend on the sound source, ambient noise, and the
sensitivity of the receptor (Richardson et al., 1995). Marine mammal
reactions to sound may depend on sound frequency, ambient sound, what
the animal is doing, and the animal's distance from the sound source
(Southall et al., 2007).
Acoustic Impacts
When considering the influence of various kinds of sound on the
marine environment, it is necessary to understand that different kinds
of marine life are sensitive to different frequencies of sound. Based
on available behavioral data, audiograms have been derived using
auditory evoked potentials, anatomical modeling, and other data,
Southall et al. (2007) designate ``functional hearing groups'' for
marine mammals and estimate the lower and upper frequencies of
functional hearing of the groups. The functional groups and the
associated frequencies are indicated below (though animals are less
sensitive to sounds at the outer edge of their functional range and
most sensitive to sounds of frequencies within a smaller range
somewhere in the middle of their functional hearing range):
Low frequency cetaceans (13 species of mysticetes):
Functional hearing is estimated to occur between approximately 7 Hz and
22 kHz (however, a study by Au et al. (2006) of humpback whale songs
indicate that the range may extend to at least 24 kHz);
Mid-frequency cetaceans (32 species of dolphins, six
species of larger toothed whales, and 19 species of beaked and
bottlenose whales): Functional hearing is estimated to occur between
approximately 150 Hz and 160 kHz;
High frequency cetaceans (eight species of true porpoises,
six species of river dolphins, Kogia, the franciscana, and four species
of cephalorhynchids): Functional hearing is estimated to occur between
approximately 200 Hz and 180 kHz; and
Pinnipeds in Water: Functional hearing is estimated to
occur between approximately 75 Hz and 75 kHz, with the greatest
sensitivity between approximately 700 Hz and 20 kHz.
As mentioned previously in this document, four marine mammal
species (two cetacean and two pinniped species) are likely to occur in
the area of the proposed activity. Of the two cetacean species likely
to occur in the proposed project area, the Atlantic white-sided dolphin
is classified as a mid-frequency cetacean and the harbor porpoise is
classified as a high-frequency cetacean (Southall et al. 2007). A
species' functional hearing group is a consideration when we analyze
the effects of exposure to sound on marine mammals.
ME DOT and NMFS determined that in-water construction activities
involving the use of impact and vibratory pile driving and operation of
an underwater saw during the Eastport Breakwater replacement project
have 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.
Experiments on a bottlenose dolphin (Tursiops truncates) and beluga
whale (Delphinapterus leucas) showed that exposure to a single watergun
impulse at a received level of 207 kPa (or 30 psi) peak-to-peak (p-p),
which is equivalent to 228 dB (p-p) re 1 [mu]Pa, resulted in a 7 and 6
dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. Thresholds
returned to within 2 dB of the pre-exposure level within 4 minutes of
the exposure (Finneran et al. 2002). No TTS was observed in the
bottlenose dolphin. Although the source level of pile driving from one
hammer strike is expected to be much lower than the single watergun
impulse cited here, animals being exposed for a prolonged period to
repeated hammer strikes could receive more noise exposure in terms of
SEL than from the single watergun impulse (estimated at 188 dB re 1
[mu]Pa\2\-s) in the aforementioned experiment (Finneran et al. 2002).
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 driving
and sawing 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).
[[Page 44413]]
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 vessels traffic and
pile driving, contribute to the elevated ambient noise levels, thus
intensify masking.
Nevertheless, the sum of noise from the proposed construction
activities at the Eastport Breakwater is confined in an area that is
largely bounded by jetty and landmass, therefore, the noise generated
is not expected to contribute to increased ocean ambient noise. Due to
shallow water depths near the construction site, underwater sound
propagation for low-frequency sound (which is the major noise source
from pile driving and underwater sawing) 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 breakwater replacement activities are expected to
affect only a small number of marine mammals on an infrequent basis.
Visual Disturbance
The activities of workers in the project area may also cause
behavioral reactions of marine mammals, such as pinnipeds flushing from
haul-out sites, or moving farther from the disturbance to forage. No
impacts from visual disturbance are anticipated because there are no
known pinniped haul-outs within the proposed project area. The only
potential disturbance anticipated to occur would be during diving
operations, which may cause individual marine mammals to temporarily
avoid the area. Therefore, the presence of workers would not result in
population level impacts or affect the long-term fitness of the
species.
Anticipated Effects on Marine Mammal Habitat
The proposed activities at the Eastport Breakwater would not result
in permanent impacts to habitats used directly by marine mammals, such
as haul-out sites, but may have potential short-term impacts to food
sources such as forage fish. There are no rookeries or major haul-out
sites nearby, foraging hotspots, or other ocean bottom structure of
significant biological importance to marine mammals that may be present
in the marine waters in the vicinity of the project area. Therefore,
the main impact issue associated with the proposed activity would be
temporarily elevated sound levels and the associated direct effects on
marine mammals, as discussed previously in this document. The most
likely impact to marine mammal habitat occurs from pile driving effects
on likely marine mammal prey (i.e., fish) near the pier and minor
impacts to the immediate substrate during installation of piles and
removal of the old structure during the breakwater replacement project.
Construction activities would produce both pulsed (i.e., impact
pile driving) and continuous (i.e., vibratory pile driving and
underwater saw) sounds. Fish react to sounds which are especially
strong and/or intermittent low-frequency sounds. Short duration, sharp
sounds can cause overt or subtle changes in fish behavior and local
distribution. Hastings and Popper (2005, 2009) identified several
studies that suggest fish may relocate to avoid certain areas of sound
energy. Additional studies have documented effects of pile driving (or
other types of continuous sounds) on fish, although several are based
on studies in support of large, multiyear bridge construction projects
(e.g., Scholik and Yan, 2001, 2002; Popper and Hastings, 2009). Sound
pulses at received levels of 160 dB re 1 [mu]Pa may cause subtle
changes in fish behavior. SPLs of 180 dB may cause noticeable changes
in behavior (Pearson et al., 1992; Skalski et al., 1992). SPLs of
sufficient strength may cause injury to fish and fish mortality. The
most likely impact to fish from pile driving and underwater sawing
activities at the project area would be temporary behavioral avoidance
of the area. The duration of fish avoidance of this area after these
activities stop is unknown, but a rapid return to normal recruitment,
distribution and behavior is anticipated. In general, impacts to marine
mammal prey species are expected to be minor and temporary due to the
short timeframe for the pier replacement project.
Avoidance by potential prey (i.e., fish) of the immediate area due
to the temporary loss of this foraging habitat is also possible. The
duration of fish avoidance of this area after pile driving stops is
unknown, but a rapid return to normal recruitment, distribution and
behavior is anticipated. Any behavioral avoidance by fish of the
disturbed area would still leave significantly large areas of fish and
marine mammal foraging habitat in the vicinity of Cobscook Bay.
Given the short daily duration of sound associated with individual
pile driving and sawing events and the relatively small areas being
affected, in-water construction activities associated with the proposed
action are not likely to have a permanent, adverse effect on any fish
habitat, or populations of fish species. Therefore, pile the proposed
in-water construction activities are not likely to have a permanent,
adverse effect on marine mammal foraging habitat at the project area.
Proposed Mitigation
In order to issue an IHA 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
[[Page 44414]]
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 (where relevant).
ME DOT proposed the following mitigation measures to minimize
adverse impacts to marine mammals:
Sound Attenuation Device
When using a diesel impact hammer to ``proof'' piles, ME DOT would
use sound absorption cushions and/or a bubble curtain to reduce
hydroacoustic sound levels and avoid the potential for marine mammal
injury. Based on previous studies, sound attenuation devices are
expected to reduce sound levels by at least 5 dB.
Exclusion Zone
The purpose of the proposed exclusion zone is to prevent Level A
harassment (injury) of any marine mammal species. During all in-water
impact pile driving, ME DOT would establish a preliminary marine mammal
exclusion zone around each pile to avoid exposure to sounds at or above
180 dB. The preliminary exclusion zone is based on the results of
ORPC's 2012 monitoring report and the reported ranges to the Level A
and Level B harassment thresholds while driving 30-inch piles with a
wood block cushion (Table 7).
Table 7--Range to Level A and Level B Harassment Thresholds
------------------------------------------------------------------------
Range to Level Range to Level
Hammer type A threshold B threshold
(in meters) (in meters)
------------------------------------------------------------------------
Vibratory............................... N/A 500
Impact.................................. 10 275
------------------------------------------------------------------------
Prior to commencing pile driving, ME DOT would conduct
hydroacoustic monitoring to measure sound from in-water construction
activities. The hydroacousitc monitoring plan would include the
following elements: Monitoring for dB (rms) levels at 10 m from the
pile; monitoring at 100 m to proof the marine mammal monitoring areas;
and real time reporting of noise levels to the construction team. ME
DOT would provide NMFS with a report following completion of the
hydroacoustic monitoring. Once hydroacoustic monitoring is conducted,
the exclusion and buffer zone may be adjusted accordingly so that
marine mammals are not exposed to Level A harassment sound pressure
levels. The exclusion zone would be monitored continuously during
impact pile driving to ensure that no marine mammals enter the area.
Two protected species observers (PSOs) would be stationed on the pier.
One PSO would be responsible for monitoring the exclusion zone, while
the second observer would conduct behavioral monitoring outwards to a
distance of 1 nm. Several floats anchored at 10 m (33 ft) and 305 m
(1000 ft) would be located around the installation site to help
identify when marine mammals are entering or within the exclusion zone.
An exclusion zone for vibratory pile driving and underwater sawing is
unnecessary as source levels would not exceed the Level A harassment
threshold.
Impact Pile Driving Shut Down and Delay Procedures
If a PSO sees a marine mammal within or approaching the exclusion
zone prior to start of impact pile driving, the observer would notify
the on-site project lead (or other authorized individual) who would
then be required to delay pile driving until the marine mammal has
moved 305 m (1000 ft) from the sound source or if the animal has not
been resighted within 30 minutes. If a marine mammal is sighted within
or on a path toward the 10-m (33-ft) exclusion zone during pile
driving, pile driving would cease until that animal has moved 305 m
(1000 ft) and is on a path away from the exclusion zone or 30 minutes
has lapsed since the last sighting.
Soft-Start Procedures
A ``soft-start'' technique would be used at the beginning of each
pile installation and each use of the underwater saw to allow any
marine mammal that may be in the immediate area to leave before the
pile hammer reaches full energy or saw begins sawing. For vibratory
pile driving, the soft-start procedure requires contractors to initiate
noise from the vibratory hammer for 15 seconds at 40-60 percent reduced
energy followed by a 1-minute waiting period. The procedure would be
repeated two additional times before full energy may be achieved. For
impact hammering, contractors would be required to provide an initial
set of three strikes from the impact hammer at 40 percent energy,
followed by a 1-minute waiting period, then two subsequent three-strike
sets. For operating the underwater saw, contractors would be required
to turn on the saw 3 or 4 times for 2 to 3 seconds each time over the
course of 30 seconds. Soft-start procedures would be conducted any time
hammering ceases for more than 30 minutes.
Mitigation Conclusions
NMFS has carefully evaluated the applicant's proposed mitigation
measures and considered a range of other measures in the context of
ensuring that NMFS prescribes the means of effecting the least
practicable impact on the affected marine mammal species and stocks and
their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Any mitigation measure(s) prescribed by NMFS should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current science), or contribute to the accomplishment of one or more of
the general goals listed below:
1. Avoidance or minimization of injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may contribute to this goal).
2. A reduction in the numbers of marine mammals (total number or
number at biologically important time or location) exposed to received
levels of sound from impact and vibratory pile driving and operation of
an underwater saw, or other activities expected to result in the take
of marine mammals (this goal may contribute to 1, above, or to reducing
harassment takes only).
3. A reduction in the number of times (total number or number at
biologically important time or location) individuals would be exposed
to received levels of sound from impact and vibratory pile driving and
operation of an underwater saw, or other activities expected to result
in the take of marine mammals (this goal may contribute to 1, above, or
to reducing harassment takes only).
4. A reduction in the intensity of exposures (either total number
or number at biologically important time or location) to received
levels of sound from impact and vibratory pile driving and operation of
an underwater saw, or other activities expected to result in the take
of marine mammals (this goal may contribute to a, above, or to reducing
the severity of harassment takes only).
5. Avoidance or minimization of adverse effects to marine mammal
habitat, paying special attention to the food base, activities that
block or limit passage to or from biologically
[[Page 44415]]
important areas, permanent destruction of habitat, or temporary
destruction/disturbance of habitat during a biologically important
time.
6. For monitoring directly related to mitigation--an increase in
the probability of detecting marine mammals, thus allowing for more
effective implementation of the mitigation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has preliminarily
determined that the proposed mitigation measures provide the means of
effecting the least practicable impact on marine mammals species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Proposed Monitoring and Reporting
In order to issue an IHA 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 IHAs
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.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
1. An increase in the probability of detecting marine mammals, both
within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and in general to generate more data
to contribute to the analyses mentioned below;
2. An increase in our understanding of how many marine mammals are
likely to be exposed to levels of sound from impact and vibratory pile
driving and operation of an underwater saw that we associate with
specific adverse effects, such as behavioral harassment, TTS, or PTS;
3. An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
--Behavioral observations in the presence of stimuli compared to
observations in the absence of stimuli (need to be able to accurately
predict received level, distance from source, and other pertinent
information);
--Physiological measurements in the presence of stimuli compared to
observations in the absence of stimuli (need to be able to accurately
predict received level, distance from source, and other pertinent
information);
--Distribution and/or abundance comparisons in times or areas with
concentrated stimuli versus times or areas without stimuli.
4. An increased knowledge of the affected species; and
5. An increase in our understanding of the effectiveness of certain
mitigation and monitoring measures.
Monitoring
Hydroacoustic monitoring would be performed at the initial
installation of each pile driving method to ensure that the harassment
isopleths are not extending past the calculated distances described in
this notice and to assess the efficiency of the sound attenuation
devices. ME DOT would designate two biologically-trained, on-site PSOs,
approved in advance by NMFS, to monitor the exclusion zone
(preliminarily set at 10 m [33 ft]) for marine mammals 30 minutes
before, during, and 30 minutes after all impact pile driving activities
and call for shut down if any marine mammal is observed within or
approaching the exclusion zone. These PSOs would be positioned on the
pier. One observer would survey inwards toward the pile driving site
and the second observer would conduct behavioral monitoring outwards to
a distance of 1 nm during all impact pile driving.
Protected species observers would be provided with the equipment
necessary to effectively monitor for marine mammals (for example, high-
quality binoculars, compass, and range-finder as well as a digital SLR
camera with telephoto lens and video capability) in order to determine
if animals have entered into the exclusion zone or Level B harassment
isopleth and to record species, behaviors, and responses to pile
driving. If hydroacoustic monitoring indicates that threshold isopleths
are greater than originally calculated, ME DOT would contact NMFS
within 48 hours and make the necessary adjustments. Likewise, if
threshold isopleths are actually less than originally calculated,
downward adjustments may be made to the exclusion and buffer zone.
Reporting
ME DOT would be required to submit a report to NMFS within 90 days
of completion of in-water construction activities. The report would
include data from marine mammal sightings (such as date, time,
location, species, group size, and behavior), any observed reactions to
construction, distance to operating pile hammer, and construction
activities occurring at time of sighting and environmental data for the
period (wind speed and direction, Beaufort sea state, cloud cover, and
visibility).
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury (Level A harassment), serious injury, or
mortality, ME DOT would immediately cease the specified activities and
immediately report the incident to the Permits and Conservation
Division, Office of Protected Resources, NMFS, at 301-427-8401 and/or
by email to [email protected] and [email protected] and the
Greater Atlantic Regional Fisheries Office Stranding Coordinator
([email protected]). The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hrs preceding the
incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hrs preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with ME DOT to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. ME DOT may not resume their
activities until notified by NMFS via letter, email, or telephone.
In the event that ME DOT 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),
ME DOT would immediately report the incident to the Permits and
[[Page 44416]]
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401, and/or by email to [email protected] and
[email protected] and the Greater Atlantic Regional Fisheries
Office Stranding Coordinator at 978-281-9300 ([email protected]).
The report must include the same information identified in the
paragraph above. Activities may continue while NMFS reviews the
circumstances of the incident. NMFS would work with ME DOT to determine
whether modifications in the activities are appropriate.
In the event that ME DOT 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), ME DOT would report the incident
to the Permits and Conservation Division, Office of Protected
Resources, NMFS, at 301-427-8401, and/or by email to
[email protected] and [email protected] and the NMFS
Stranding Hotline (866-755-6622) and/or by email to the Greater
Atlantic Regional Fisheries Office Stranding Coordinator
([email protected]), within 24 hrs of the discovery. ME DOT would
provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS and the Marine
Mammal Stranding Network. Activities may continue while NMFS reviews
the circumstances of the incident.
Estimated Take of Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
Current NMFS practice regarding exposure of marine mammals to
anthropogenic noise is that in order to avoid the potential for injury
(PTS), cetaceans and pinnipeds should not be exposed to impulsive
sounds of 180 and 190 dB or above, respectively. This level is
considered precautionary as it is likely that more intense sounds would
be required before injury would actually occur (Southall et al., 2007).
Potential for behavioral Level B harassment is considered to have
occurred when marine mammals are exposed to sounds at or above 160 dB
for impulse sounds (such as impact pile driving) and 120 dB for
continuous noise (such as vibratory pile driving and underwater
sawing). These levels are also considered precautionary.
Table 8--Current Acoustic Exposure Criteria
------------------------------------------------------------------------
Non-explosive sound
-------------------------------------------------------------------------
Criterion Criterion definition Threshold
------------------------------------------------------------------------
Level A Harassment (Injury). Permanent Threshold 180 dB re 1 microPa-
Shift (PTS) (Any m (cetaceans)/190
level above that dB re 1 microPa-m
which is known to (pinnipeds) root
cause TTS). mean square (rms).
Level B Harassment.......... Behavioral 160 dB re 1 microPa-
Disruption (for m (rms).
impulse noises).
Level B Harassment.......... Behavioral 120 dB re 1 microPa-
Disruption (for m (rms).
continuous, noise).
------------------------------------------------------------------------
Distances to NMFS' harassment thresholds were calculated based on
the expected sound levels at each source and the expected attenuation
rate of sound (Table 3). The 10-m (33-ft) distance to the Level A
harassment threshold provides protected species observers plenty of
time and adequate visibility to prevent marine mammals from entering
the area during impact pile driving. This would prevent marine mammals
from being exposed to sound levels that reach the Level A harassment
threshold.
Proposed Incidental Takes
The estimated number of marine mammals potentially taken is based
on ORPC's marine mammal monitoring observations between 2007 and 2010.
Based on marine mammal sightings during that period, further
consultation between ORPC and NMFS, and the estimated number of pile
driving and underwater sawing days for the Eastport Breakwater project,
ME DOT requests authorization for the incidental take of 45 seals
(because they cannot always be identified to the species-level), 39
harbor porpoises, and two Atlantic white-sided dolphins. The proposed
take is based on the maximum group size of animals observed during
ORPC's marine mammal observations (i.e., six seals, five to six harbor
porpoises, and one Atlantic white-sided dolphin) multiplied by the
maximum expected number of pile driving and underwater sawing days.
These numbers are extremely conservative and indicate the maximum
number of animals expected to occur within the largest Level B
harassment isopleth.
Table 8--Estimated Marine Mammal Takes by Level B Harassment
----------------------------------------------------------------------------------------------------------------
Percentage of
Estimated take stock
Common species name by Level B Abundance of stock potentially Population trend
harassment affected
----------------------------------------------------------------------------------------------------------------
Gray seal........................ 45 Over 250,000 in 0.018 increasing.
western North
Atlantic.
Harbor seal...................... 70,142 in western 0.049 N/A.
North Atlantic.
Harbor porpoise.................. 39 79,883 in Gulf of 0.043 N/A.
Maine/Bay of Fundy.
Atlantic white-sided dolphin..... 2 48,819 in the 0.003 N/A.
western North
Atlantic.
----------------------------------------------------------------------------------------------------------------
[[Page 44417]]
Preliminary Determinations
Negligible Impact
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.'' 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 must consider 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 harassment takes,
the number of estimated mortalities, effects on habitat, and the status
of the species. ME DOT's proposed Eastport breakwater replacement
project would involve pile driving and removal activities as well as
the use of an underwater saw. Elevated noise levels are expected to be
generated as a result of these activities. However, ME DOT would use
noise attenuation devices (e.g., pile cushions, bubble curtains) during
impact pile driving to ensure that sound levels of 180 dB (rms) do not
extend more than 10 m from the pile, which eliminates the potential for
injury (PTS) and TTS. Given the required mitigation and monitoring, no
injuries or mortalities are anticipated to occur as a result of ME
DOT's proposed action in Eastport, and none are proposed to be
authorized. In addition, as described above, marine mammals in the area
would not be exposed to activities or sound levels which would result
in hearing impairment (TTS or PTS) or non-auditory physiological
effects. The small number of takes that are anticipated to occur would
be limited to short-term Level B harassment.
In-water construction activities would occur in relatively shallow
coastal waters of Cobscook Bay. The proposed project area is not
considered significant habitat for marine mammals. Marine mammals
approaching the action area would likely be traveling or
opportunistically foraging. There are no rookeries or major haul-out
sites nearby, foraging hotspots, or other ocean bottom structure of
significant biological importance to marine mammals that may be present
in the marine waters in the vicinity of the project area. The closest
significant pinniped haul out is more than 6 nm away (ME DOT, pers.
comm.), which is well outside the project area's largest harassment
zone. 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 breakwater replacement activities are expected to
affect only a small number of marine mammals on an infrequent basis.
Although it is possible that some individual marine mammals may be
exposed to sounds from in-water construction activities more than once,
the duration of these multi-exposures is expected to be low since
animals would be constantly moving in and out of the area and in-water
construction activities would not occur continuously throughout the
day.
Marine mammals may be temporarily impacted by noise from pile
driving activities and the operation of an underwater saw. These low
intensity, localized, and short-term noise exposures may cause brief
startle reactions or short-term behavioral modifications by the
animals. These reactions and behavioral changes are expected to subside
quickly when the exposures cease. Moreover, marine mammals are expected
to avoid the area during in-water construction because animals
generally move away from active sound sources, thereby reducing
exposure and impacts. In addition, through mitigation measures
including soft start, marine mammals are expected to move away from a
sound source that is annoying prior to its becoming potentially
injurious and detection of marine mammals by observers would enable the
implementation of shutdowns to avoid injury, serious injury, or
mortality. In-water construction activities involving pile driving and
underwater sawing are expected to occur for about 12 days total each
month. Repeated exposures of individuals to levels of sound that may
cause Level B harassment are unlikely to result in hearing impairment
or to significantly disrupt foraging behavior. Thus, even repeated
Level B harassment of some small subset of an overall stock is unlikely
to result in any significant realized decrease in fitness to those
individuals, and thus would not result in any adverse impact to the
stock as a whole. Level B harassment will be reduced to the level of
least practicable impact through use of mitigation measures described
herein and, if sound produced by project activities is sufficiently
disturbing, animals are likely to simply avoid the project area while
the activity is occurring.
Based on the application and subsequent analysis, the impact of the
described in-water construction activities may result in, at most,
short-term modification of behavior by small numbers of marine mammals
within the action area. No injury, serious injury, or mortality is
expected to occur and due to the nature, degree, and context of the
Level B harassment anticipated, the activity is not expected to impact
rates of recruitment or survival.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from the proposed activity will have a negligible impact on
the affected marine mammal species or stocks.
Small Numbers
The amount of take NMFS proposes to authorize is considered small
(less than one percent) relative to the estimated populations of 70,142
harbor seals, 250,000 gray seals, 79,883 harbor porpoises, and 48,819
Atlantic white-sided dolphins. Based on the analysis contained herein
of the likely effects of the specified activity on marine mammals and
their habitat, and taking into consideration the implementation of the
mitigation and monitoring measures, NMFS preliminarily finds that small
numbers of marine mammals will be taken relative to the populations of
the affected species or stocks.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
There are no relevant subsistence uses of marine mammals implicated
by this action. Therefore, NMFS has determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
No marine mammal species listed under the ESA are anticipated to
occur within the action area. Therefore, NMFS has determined that a
section 7 consultation under the ESA is not required.
[[Page 44418]]
National Environmental Policy Act (NEPA)
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), and
NOAA Administrative Order 216-6, NMFS is preparing an Environmental
Assessment (EA) to consider the environmental impacts of issuance of a
one-year IHA. This analysis will be completed prior to the issuance or
denial of this proposed IHA. Upon completion, this EA will be available
on the NMFS Web site listed in the beginning of this document (see
ADDRESSES).
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to ME DOT for the Breakwater Replacement Project in
Eastport, Maine, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated.
This section contains a draft of the IHA itself. The wording
contained in this section is proposed for inclusion in the IHA (if
issued). The language contained in the draft IHA is not intended for
codification and would not be published in the Code of Federal
Regulations, if issued. The draft IHA language is provided next.
1. This Authorization is valid from September 1, 2014 through
August 31, 2015.
2. This Authorization is valid for in-water construction activities
in Eastport, Maine for replacement of a pier and breakwater, as
described in the Incidental Harassment Authorization (IHA) application.
3. ME DOT is hereby authorized to take, by Level B harassment only,
45 total grey and harbor seals (Halichoerus grypus and Phoca vitulina),
39 harbor porpoises (Phocoena phocoena), and two Atlantic white-sided
dolphins (Lagenorhynchus acutus) incidental to in-water construction
activities associated with the breakwater replacement project.
4. The taking by Level A harassment, serious injury, or mortality
of any of the species listed in 3 above or the taking of any kind of
any other species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this Authorization.
5. The taking of any marine mammal in a manner prohibited under
this Authorization must be reported immediately to NMFS' Greater
Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930-2276; phone 978-281-9328, and NMFS' Office of
Protected Resources (NMFS), 1315 East-West Hwy, Silver Spring, MD
20910; phone 301-427-8401; fax 301-713-0376.
6. The holder or designees must notify NMFS' Greater Atlantic
Regional Fisheries Office and Headquarters at least 24 hours prior to
the seasonal commencement of the specified activity (see contact
information in 5 above).
7. Mitigation Requirements--The holder of this Authorization is
required to abide by the following mitigation conditions listed in
7(a)-(d). Failure to comply with these conditions may result in the
modification, suspension or revocation of this Authorization.
(a) Sound Attenuation Device: When using an impact pile hammer to
install piles, sound absorption cushions and/or a bubble curtain will
be used to reduce hydroacoustic sound levels and avoid the potential
for marine mammal injury.
(b) Establishment of an Exclusion Zone: During all in-water impact
pile driving, ME DOT will establish a preliminary marine mammal
exclusion and buffer zone of 10 m (33 ft) around each pile to avoid
exposing marine mammals to sounds at or above 180 dB. The exclusion
zone will be monitored continuously during all impact pile driving to
ensure that no marine mammals enter the 10-m (33-ft) radius. Once
underwater sound measurements are taken, the exclusion and buffer zone
may be adjusted accordingly so that marine mammals are not exposed to
Level A harassment sound pressure levels. An exclusion zone for
vibratory pile driving or underwater sawing is unnecessary to prevent
Level A harassment as source levels will not exceed the Level A
harassment threshold.
(c) Pile Driving Shut Down and Delay Procedures: If a protected
species observer sees a marine mammal within or approaching the
exclusion zone prior to the start of impact pile driving, the observer
will notify the on-site project lead (or other authorized individual),
who will then be required to delay pile driving until the marine mammal
has moved 305 m (1,000 ft) from the sound source or the animal has not
been resighted within 30 minutes. If a marine mammal is sighted within
or on a path toward the 152-m (500-ft) exclusion and buffer zone during
pile driving, pile driving will cease until that animal has moved 305 m
(1,000 ft) and is on a path away from the exclusion zone or 30 minutes
has lapsed since the last sighting.
(d) Soft-start Procedures: A ``soft-start'' technique will be used
at the beginning of each pile installation and each use of the
underwater saw to allow any marine mammal that may be in the immediate
area to leave before the pile hammer reaches full energy or saw begins
sawing. For vibratory pile driving, contractors will initiate noise
from the vibratory hammer for 15 seconds at 40-60 percent reduced
energy, followed by a 1-minute waiting period. The procedure will be
repeated two additional times before full energy may be achieved. For
impact hammering, contractors will provide an initial set of three
strikes from the impact hammer at 40 percent energy, followed by a 1-
minute waiting period, then two subsequent three-strike sets. For
underwater sawing, contractors will turn on the saw 3 or 4 times for 2
to 3 seconds each time over the course of 30 seconds. The soft-start
procedure will be conducted prior to driving each pile if hammering
ceases for more than 30 minutes.
8. Monitoring Requirements--The holder of this Authorization is
required to abide by the following monitoring conditions listed in
8(a)-(b). Failure to comply with these conditions may result in the
modification, suspension, or revocation of this Authorization.
(a) Visual Monitoring
(i) The holder of this Authorization must designate at least two
biologically-trained, on-site individual(s), approved in advance by
NMFS, to monitor the exclusion and buffer zone (preliminarily set at
152 m [500 ft]) for marine mammals 30 minutes before, during, and 30
minutes after all impact pile driving activities. The protected species
observer(s) shall conduct observations on the number, type(s),
location(s), and behavior(s) of marine mammals in the designated
exclusion zone (see Reporting section below).
(ii) Protected species observers must call for delay or shut down
if any marine mammal is observed within or approaching the designated
exclusion zone (preliminarily set at 10 m [33 ft]).
(iii) The holder of this Authorization must designate at least two
biologically trained, on-site individuals, approved in advance by NMFS,
to conduct behavioral monitoring out to 1 nmi during all impact pile
driving. In addition, observers will be stationed at the Level B
harassment isopleth (4,600 m [2.5 mi]) during at least three events of
vibratory pile driving/underwater sawing to conduct behavioral
monitoring and validate take estimates.
(iv) Protected species observers will be provided with the
equipment necessary to effectively monitor for marine mammals (for
example, high-quality binoculars, spotting scopes, compass, range-
finder, and digital SLR
[[Page 44419]]
camera with telephoto lens) in order to determine if animals have
entered into the exclusion zone or Level B harassment isopleth and to
record species, behaviors, and responses to in-water construction
activities.
(v) NMFS must be informed immediately of any changes or deletions
to any portions of the monitoring plan, as described in the
application.
(b) Hydroacoustic Monitoring
(i) Underwater sound measurements will be taken at the initial
installation of each pile driving method to ensure that the harassment
isopleths are not extending past the estimated distances. Exclusion
zones and harassment isopleths may be adjusted accordingly for marine
mammals so that they are not exposed to Level A harassment sound
pressure levels (180 dB). ME DOT will contact NMFS within 48 hours in
order to make the necessary adjustments.
(ii) Persons conducting sound measurements shall coordinate with
the pile driver operator and marine mammal observer(s) to determine
which activities are occurring at the time measurements are taken and
if any marine mammals are in the area.
9. Reporting Requirements--The holder of this Authorization is
required to submit a report on all activities and visual and acoustic
monitoring results to the Office of Protected Resources, NMFS, and the
Greater Atlantic Regional Administrator, NMFS, 90 days prior to the
expiration of the IHA if a renewal is sought, or within 90 days of
completion of in water construction activities.
(a) The visual monitoring report must contain the following
information:
(i) Number of marine mammals observed and number taken, by species,
and, if possible, sex and age class;
(ii) Marine mammal behavior patterns observed;
(iii) Marine mammal distances to pile driving or sawing activities;
(iv) Time pile driving begins and ends and if pile driving was
occurring during a sighting;
(v) Time underwater sawing begins and ends if sawing was occurring
during a sighting;
(vi) Time and locations of all marine mammal sightings;
(vii) environmental conditions, including but not limited to
visibility, tide level and state (i.e., slack, ebb, flood), and sea
state; and
(viii) other human activity in the area (e.g., vessel operation).
(b) The acoustic monitoring report must contain the following:
(i) Type of equipment used to collect acoustic data including
frequency range;
(ii) estimated water depth of pile being driven and depth at which
measurements were taken;
(iii) distances to the source where acoustic data were collected;
(iv) maximum, minimum, and average dBRMS levels received
at each measured distance;
(v) the type of pile driving method (i.e., impact or vibratory)
associated with each collected measurement;
(vi) estimated rate of attenuation or transmission loss (TL) based
on collected measurements; and
(vii) estimated source levels based on TL rate.
(c) In the unanticipated event that in-water construction
activities clearly cause the take of a marine mammal in a manner
prohibited by this Authorization, such as an injury (Level A
harassment), serious injury, or mortality, ME DOT shall immediately
cease in-water construction activities and report the incident to the
Permits and Conservation Division, Office of Protected Resources, NMFS,
at 301-427-8401 and/or by email to [email protected] and
[email protected] and the Greater Atlantic Regional Stranding
Coordinator ([email protected]). The report must include the
following information:
(i) Time, date, and location (latitude/longitude) of the incident;
(ii) The name and type of vessel involved;
(iii) The vessel's speed during and leading up to the incident;
(iv) Description of the incident;
(v) Status of all sound source use in the 24 hours preceding the
incident;
(vi) Water depth;
(vii) Environmental conditions (e.g. wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(viii) Description of marine mammal observations in the 24 hours
preceding the incident;
(ix) Species identification or description of the animal(s)
involved;
(x) The fate of the animal(s); and
(xi) Photographs or video footage of the animal (if equipment is
available).
Activities shall not resume until NFMS is able to review the
circumstances of the prohibited take. NMFS shall work with ME DOT to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. ME DOT may not resume their
activities until notified by NMFS via letter, email, or telephone.
(d) In the event that ME DOT 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),
ME DOT will immediately report the incident to the Permits and
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401, and/or by email to [email protected] and
[email protected] and the Greater Atlantic Regional Stranding
Coordinator ([email protected]). The report must include the same
information identified in Condition 9(c) above. Activities may continue
while NMFS reviews the circumstances of the incident. NMFS will work
with ME DOT to determine whether modifications in the activities are
appropriate.
(e) In the event that ME DOT 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 Condition 3
of this Authorization (e.g., previously wounded animal, carcass with
moderate to advanced decomposition, or scavenger damage), ME DOT shall
report the incident to the Permits and Conservation Division, Office of
Protected Resources, NMFS, at 301-427-8401, and/or by email to
[email protected] and [email protected] and the Greater
Atlantic Regional Stranding Coordinator ([email protected]), within
24 hours of the discovery. ME DOT shall provide photographs or video
footage (if available) or other documentation of the stranded animal
sighting to NMFS and the Marine Mammal Stranding Network. Activities
may continue while NMFS reviews the circumstances of the incident.
10. A copy of this Authorization must be in the possession of the
lead contractor on site and PSOs operating under the authority of this
Incidental Harassment Authorization.
11. 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.
Request for Public Comments
NMFS requests comments on our analysis, the draft authorization,
and any other aspect of the Notice of Proposed IHA for ME DOT's
construction project in Eastport, Maine. Please include with your
comments any supporting data or literature citations to help inform our
final decision on ME
[[Page 44420]]
DOT's request for an MMPA authorization.
Dated: July 28, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-18045 Filed 7-30-14; 8:45 am]
BILLING CODE 3510-22-P