[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11648-11659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04425]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD741
Taking of Marine Mammals Incidental to Specified Activities;
Anacortes Tie-Up Slips Dolphin and Wingwall Replacement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments and information.
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SUMMARY: NMFS has received a request from the Washington State
Department of Transportation (WSDOT) for an authorization to take small
numbers of 11 species of marine mammals, by Level B harassment,
incidental to proposed construction activities for a tie-up slips
dolphin and wingwall replacement project in Anacortes, Washington
State. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to issue an authorization to WDOT
to incidentally take, by harassment, small numbers of marine mammals
for a period of 1 year.
DATES: Comments and information must be received no later than April 3,
2015.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910. The mailbox address for providing email
comments is [email protected]. NMFS is not responsible for email
comments sent to addresses other than the one provided here. Comments
sent via email, including all attachments, must not exceed a 25-
megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
A copy of the application may be obtained by writing to the address
specified above or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents
[[Page 11649]]
cited in this notice may also be viewed, by appointment, during regular
business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for a one-year authorization to
incidentally take small numbers of marine mammals by harassment,
provided that there is no potential for serious injury or mortality to
result from the activity. Section 101(a)(5)(D) establishes a 45-day
time limit for NMFS review of an application followed by a 30-day
public notice and comment period on any proposed authorizations for the
incidental harassment of marine mammals. Within 45 days of the close of
the comment period, NMFS must either issue or deny the authorization.
Summary of Request
On April 1, 2014, WSDOT submitted a request to NOAA requesting an
IHA for the possible harassment of small numbers of 11 marine mammal
species incidental to construction associated with the Anacortes Tie-up
Slips Dolphin and Wingwall Replacement in the city of Anacortes, on
Fidalgo Island, adjacent to Guemes Channel, Skagit County, Washington,
between September 1, 2015, and February 15, 2016. NMFS determined that
the IHA application was complete on July 1, 2014. NMFS is proposing to
authorize the Level B harassment of the following marine mammal
species/stocks: Harbor seal, California sea lion, Steller sea lion
(eastern Distinct Population Segment, or DPS), northern elephant seal,
killer whale (transient and Southern Resident stocks), gray whale,
humpback whale, minke whale, harbor porpoise, Dall's porpoise, and
Pacific white-sided dolphin.
Description of the Specified Activity
Overview
The purpose of this project is to replace the aging timber
wingwalls and dolphins in Tie-up Slips 3 and 4 (Figures 1-3, 1-4 and 1-
5 in WSDOT's IHA application) with standard steel and concrete designs.
The aging timber facilities are beginning to deteriorate from combined
docking operations, salt water infusion and wood rot organisms.
Replacement of these facilities will allow the ferries to safely moor
at the terminal and provide the necessary protection of the terminal
from the docking of ferries. The timber piles that will be permanently
removed are listed Table 1.
WSDOT plans to re-use eight existing 36-inch steel piles (remove
and relocate) and install 52 new permanent steel piles (24-, 30-, and
36-inch) with a vibratory hammer. In addition, WSDOT may install one
temporary dolphin consisting of one 24-inch steel pile and/or the
contractor may elect to temporarily install four 24-inch steel piles at
the location of each dolphin and wingwall to be used as a pile driving
template for the permanent piles (Table 2). These four temporary piles
will be removed once the corresponding landing aid is completed, then
installed at the location of the next structure, and completely removed
at the end of the project. Between one and five temporary piles will be
installed at any given time during the project.
A vibratory hammer will be used for pile removal and driving. No
impact pile driving or proofing is necessary. Existing timber piles may
also be removed by direct pull. Pile driving and removal will be
conducted from a barge containing a derrick, crane, and other necessary
equipment. The barge will be anchored and/or spudded. No barge dynamic
positioning system (DPS) will be used on this project.
Table 1--Timber Piles To Be Removed
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Number of
Structure piles
removed
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Slip 3 Wingwalls............................................. 46
Slip 3 Left Dolphin.......................................... 35
Slip 3 Right Inner........................................... 35
Slip 3 Right Outer........................................... 51
Slip 4 Wing Dolphins......................................... 70
Slip 4 Right Outer........................................... 35
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Total.................................................... 272
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Table 2--Project Piles To Be Installed
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Existing Temporary New permanent steel piles
steel steel ---------------------------
Structure name Location Depth piles piles* Total
(ft) ----------------------- 36'' 30'' 24''
36'' 24''
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Dolphin 1...................................... Slip 3 left intermediate.......... -28 ........ 4 1 4 ....... 9
Dolphin 2...................................... Slip 3 right inner (double sided). -28 ........ 4 2 4 ....... 10
Dolphin 3...................................... Slip 3 right outer (double sided). -30 ........ 4 10 6 ....... 20
Dolphin 4...................................... Slip 4 right outer................ -27 ........ 4 3 6 ....... 13
Wingwall 1..................................... Slip 3............................ -28 8 ........... ....... ....... 4 12
Wingwall 2..................................... Slip 4............................ -25 ........ ........... 4 ....... 8 16
Temporary Dolphin.............................. Protective Dolphin................ -34 ........ 1 ....... ....... ....... 1
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Total...................................... .................................. ........ 8 5 \1\ 20 20 12 81
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\1\ No more than five temporary piles will be in place at any one time.
[[Page 11650]]
Dates and Duration
In-water construction is planned to take place between September
2015 and February 2016. The on-site work will last approximately 135
days with pile removal and driving taking place over approximately 36
days. All work will occur in water depths between -25 and -34 feet mean
low low water (MLLW).
Duration estimates of each of the pile driving elements follow:
The daily construction window for pile removal or driving
will begin no sooner than 30 minutes after sunrise to allow for initial
marine mammal monitoring, and will end 30 minutes before sunset to
allow for post-construction marine mammal monitoring.
Vibratory pile removal of the existing timber piles will
take approximately 10 to 15 minutes per pile. Vibratory removal will
take less time than driving, because piles are vibrated to loosen them
from the soil, and then pulled out with the vibratory hammer turned
off. Assuming the worst case of 15 minutes per pile (with no direct
pull or clamshell removal), removal of 272 piles at the Anacortes
terminal will take 68 hours over nine days of pile removal.
Vibratory pile driving of the steel piles will take
approximately 20 minutes per pile, with three to five piles installed
per day. Assuming 20 minutes per pile, and three piles per day, driving
of 81 piles at the Anacortes terminal will take 27 hours over 27 days.
The total worst-case time for pile removal is nine days, and 27
days for pile installation. The actual number of pile-removal/driving
days is expected to be less.
Specified Geographic Region
The proposed activities will occur at the Anacortes ferry terminal
located in Anacortes, Washington (see Figures 1-1 and 1-2 of WSDOT's
IHA application). The terminal is adjacent to Guemes Channel, tributary
to the Georgia Basin.
The Anacortes ferry terminal, serving State Route 20, is located in
the city of Anacortes, on Fidalgo Island, adjacent to Guemes Channel,
Skagit County, Washington. Guemes Channel is tributary to the Georgia
Basin. The terminal is located in Section 22, Township 35 North, Range
1 East. This is the primary terminal for all WSDOT ferry departures to
the San Juan Islands and Vancouver Island. Land use in the area is a
mix of residential, business, and local parks.
Detailed Description of Anacortes Tie-up Slips Dolphin and Wingwall
Replacement
The following construction activities are anticipated:
Remove three 35-pile dolphins, one 51-pile dolphin, 70
piles associated with wing-dolphins, and 46 piles associated with
wingwalls. These piles will be removed with a vibratory hammer or by
direct pull and clamshell removal.
If necessary, vibratory pile-drive one to five 24-inch
steel piles for use as a temporary template at each structure location.
Vibratory pile-drive up to six 30-inch steel piles and up
to ten 36-inch steel piles for each new dolphin.
Place precast concrete diaphragm on new dolphins.
Attach fender panel to new fender pile.
Remove temporary piles.
At Slip 3 wingwalls, vibratory pile-drive up to four 24-
inch steel piles (two per wingwall).
At Slip 4 wingwalls, vibratory pile-drive and up to four
24-inch steel piles (two per wingwall), and eight 36-inch steel piles
(four per wingwall).
Attach rubber fenders between plumb piles.
Approximately 441 tons of creosote-treated timbers will be removed
from the marine environment. The total mudline footprint of the
existing dolphins is 258 square feet (ft2). The total mudline footprint
of the new dolphins will be 263 ft2, an increase of five square feet.
However, the footprint of the new steel dolphins will be more open,
allowing fish movement between the piles. The new dolphins and
wingwalls will have 52 piles, compared to the existing structures,
which have 272 tightly clustered piles with no space between them.
Detailed descriptions of these activities are provided below.
(1) Vibratory Hammer Pile Removal
Vibratory hammer extraction is a common method for removing timber
piling. A vibratory hammer is a large mechanical device mostly
constructed of steel (weighing 5 to 16 tons) that is suspended from a
crane by a cable. It is attached to a derrick and positioned on the top
of a pile. The pile is then unseated from the sediments by engaging the
hammer, creating a vibration that loosens the sediments binding the
pile, and then slowly lifting up on the hammer with the aid of the
crane.
Once unseated, the crane will continue to raise the hammer and pull
the pile from the sediment. When the pile is released from the
sediment, the vibratory hammer is disengaged and the pile is pulled
from the water and placed on a barge for transfer upland. Vibratory
removal will take approximately 10 to 15 minutes per pile, depending on
sediment conditions.
The piling will be loaded onto the barge or into a container and
disposed of offsite in accordance with State of Washington
Administrative Code (WAC) 173-304 Minimum Functional Standards for
Solid Waste Handling and mitigation.
(2) Direct Pull and Clamshell Pile Removal
Older timber pilings are particularly prone to breaking at the
mudline because of damage from marine borers and vessel impacts, and
must be removed because they can interfere with the installation of new
pilings. In some cases, removal with a vibratory hammer is not possible
if the pile is too fragile to withstand the hammer force.
Broken or damaged piles may be removed by wrapping the piles with a
cable and pulling them directly from the sediment with a crane. If the
piles break below the waterline, the pile stubs may be removed with a
clamshell bucket, a hinged steel apparatus that operates like a set of
steel jaws. The bucket will be lowered from a crane and the jaws will
grasp the pile stub as the crane pulls up. The broken piling and stubs
will be loaded onto the barge for off-site disposal. Clamshell removal
will be used only if necessary. Direct pull and clamshell removal do
not produce noise that could impact marine mammals.
(3) Vibratory Hammer Pile Installation
Vibratory hammers are commonly used in steel pile installation
where sediments allow and may involve the same vibratory hammer used in
pile extraction. The pile is placed into position using a choker and
crane, and then vibrated between 1,200 and 2,400 vibrations per minute.
The vibrations liquefy the sediment surrounding the pile allowing it to
penetrate to the required seating depth. The type of vibratory hammer
that will be used for the project will likely be an APE 400 King Kong
(or equivalent) with a drive force of 361 tons.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species under NMFS jurisdiction most likely to
occur in the proposed construction area include Pacific harbor seal
(Phoca vitulina richardsi), northern elephant seal (Mirounga
angustirostris), California sea lion (Zalophus
[[Page 11651]]
californianus), Steller sea lion (Eumetopias jubatus), killer whale
(Orcinus orca) (transient and Southern Resident stocks), gray whale
(Eschrichtius robustus), humpback whale (Megaptera novaeangliae), minke
whale (Balaenoptera acutorostrata), harbor porpoise (Phocoena
phocoena), Dall's porpoise (P. dali), and Pacific white-sided dolphin
(Lagenorhynchus obliquidens).
Table--Marine Mammal Species Potentially Present in Region of Activity
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Species ESA Status MMPA Status Occurrence
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Harbor Seal......................... Not listed............. Non-depleted........... Frequent.
California Sea Lion................. Not listed............. Non-depleted........... Frequent.
Northern Elephant Seal.............. Not listed............. Non-depleted........... Occasional.
Steller Sea Lion (eastern DPS)...... Not listed............. Under review........... Rare.
Harbor Porpoise..................... Not listed............. Non-depleted........... Frequent.
Dall's Porpoise..................... Not listed............. Non-depleted........... Occasional.
Pacific White-sided dolphin......... Not listed............. Non-depleted........... Occasional.
Killer Whale........................ Endangered (Southern Depleted............... Occasional.
Resident).
Gray Whale.......................... Delisted............... Unclassified........... Occasional.
Humpback Whale...................... Endangered............. Depleted............... Rare.
Minke Whale......................... Not listed............. Non-depleted........... Rare.
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General information on the marine mammal species found in
Washington coastal waters can be found in Caretta et al. (2014), which
is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/po2013.pdf. Refer to that document for information on these
species. A list of marine mammals in the vicinity of the action and
their status are provided in Table 3. Specific information concerning
these species in the vicinity of the proposed action area is provided
in detail in the WSDOT's IHA application.
Potential Effects of the Specified Activity on Marine Mammals
This section includes a summary and discussion of the ways that the
types of stressors associated with the specified activity (e.g., pile
removal and pile driving) have been observed to impact marine mammals.
This discussion may also include reactions that we consider to rise to
the level of a take and those that we do not consider to rise to the
level of a take (for example, with acoustics, we may include a
discussion of studies that showed animals not reacting at all to sound
or exhibiting barely measurable avoidance). This section is intended as
a background of potential effects and does not consider either the
specific manner in which this activity will be carried out or the
mitigation that will be implemented, and how either of those will shape
the anticipated impacts from this specific activity. The ``Estimated
Take by Incidental Harassment'' section later in this document will
include a quantitative analysis of the number of individuals that are
expected to be taken by this activity. The ``Negligible Impact
Analysis'' section will include the analysis of how this specific
activity will impact marine mammals and will consider the content of
this section, the ``Estimated Take by Incidental Harassment'' section,
the ``Proposed Mitigation'' section, and the ``Anticipated Effects on
Marine Mammal Habitat'' section to draw conclusions regarding the
likely impacts of this activity on the reproductive success or
survivorship of individuals and from that on the affected marine mammal
populations or stocks.
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, 11 marine mammal species
(7 cetacean and 4 pinniped species) are likely to occur in the proposed
seismic survey area. Of the 7 cetacean species likely to occur in the
proposed project area, 3 are classified as low-frequency cetaceans
(i.e., humpback, gray, and minke whales), 2 are classified as mid-
frequency cetaceans (i.e., killer whale and Pacific white-sided
dolphin), and 2 are classified as high-frequency cetaceans (i.e.,
harbor and Dall's porpoises) (Southall et al., 2007). A species'
functional hearing group is a consideration when we analyze the effects
of exposure to sound on marine mammals.
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
[[Page 11652]]
ability of marine mammals to detect or interpret important sounds.
Repeated noise exposure that causes TTS could lead to 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 one hammer strike for
pile driving 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
sound exposure level (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 is the obscuring of sounds of interest by other sounds, often
at similar frequencies. Masking generally occurs when sounds in the
environment are louder than, and of a similar frequency as, auditory
signals an animal is trying to receive. 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.
Since noise generated from in-water vibratory pile removal and driving
is mostly concentrated at low frequency ranges, it may have little
effect on high-frequency echolocation sounds by odontocetes (toothed
whales), which may hunt California sea lion and harbor seal. However,
the lower frequency man-made noises are more likely to affect the
detection of communication calls and other potentially important
natural sounds, such as surf and prey noise. The noises may also affect
communication signals when those signals occur near the noise band, and
thus reduce the communication space of animals (e.g., Clark et al.
2009) and cause increased stress levels (e.g., Foote et al. 2004; Holt
et al. 2009).
Unlike TS, masking can potentially impact the species at community,
population, 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 in the world's oceans have increased by as much as 20 dB (more
than 3 times, in terms of SPL) from pre-industrial periods, and most of
these increases are from distant shipping (Hildebrand 2009). All
anthropogenic noise sources, such as those from vessel traffic and pile
removal and driving, contribute to the elevated ambient noise levels,
thus intensifying masking.
Finally, in addition to TS and masking, 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 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 therefore difficult to
predict (Southall et al. 2007).The activities of workers in the project
area may also cause behavioral reactions by marine mammals, such as
pinnipeds flushing from the jetty or pier or moving farther from the
disturbance to forage. However, observations of the area show that it
is unlikely that more than 10 to 20 individuals of pinnipeds would be
present in the project vicinity at any one time. Therefore, even if
pinnipeds were flushed from the haul-out, a stampede is very unlikely,
due to the relatively low number of animals onsite. In addition,
proposed mitigation and monitoring measures would minimize the startle
behavior of pinnipeds and prevent the animals from flushing into the
water.
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, or reproduction. Some of these types
of significant behavioral modifications include: Drastic change in
diving/surfacing patterns (such as those thought to be causing beaked
whale strandings due to exposure to military mid-frequency tactical
sonar); habitat abandonment due to loss of desirable acoustic
environment; and cessation of feeding or social interaction.
Potential Effects on Marine Mammal Habitat
The primary potential impacts to marine mammal habitat are
associated with elevated sound levels produced by vibratory pile
removal and pile driving in the area. However, other potential impacts
to the surrounding habitat from physical disturbance are also possible.
Potential Impacts on Prey Species
With regard to fish as a prey source for cetaceans and pinnipeds,
fish are known to hear and react to sounds and to use sound to
communicate (Tavolga et al. 1981) and possibly avoid predators (Wilson
and Dill 2002). Experiments have shown that fish can sense both the
strength and direction of sound (Hawkins 1981). Primary factors
determining whether a fish can sense a sound signal, and potentially
react to it, are the frequency of the signal and the strength of the
signal in relation to the natural background noise level.
The level of sound at which a fish will react or alter its behavior
is usually well above the detection level. Fish have been found to
react to sounds when the sound level increased to about 20 dB above the
detection level of 120 dB (Ona 1988); however, the response threshold
can depend on the time of year and the fish's physiological condition
(Engas et al. 1993). In general, fish react more strongly to pulses of
sound rather than non-pulse signals (such as noise from pile driving)
(Blaxter et al. 1981), and a quicker alarm response is elicited when
the sound signal intensity rises rapidly compared to sound rising more
slowly to the same level.
During the coastal construction only a small fraction of the
available habitat would be ensonified at any given time. Disturbance to
fish species would be short-term and fish would return to their pre-
disturbance behavior once the pile driving activity ceases. Thus, the
proposed construction would have little, if any, impact on the
abilities of marine mammals to feed in the area where construction work
is planned.
Finally, the time of the proposed construction activity would avoid
the
[[Page 11653]]
spawning season of the ESA-listed salmonid species.
Water and Sediment Quality
Short-term turbidity is a water quality effect of most in-water
work, including pile driving. WSDOT must comply with state water
quality standards during these operations by limiting the extent of
turbidity to the immediate project area.
Roni and Weitkamp (1996) monitored water quality parameters during
a pier replacement project in Manchester, Washington. The study
measured water quality before, during and after pile driving. The study
found that construction activity at the site had ``little or no effect
on dissolved oxygen, water temperature and salinity'', and turbidity
(measured in nephelometric turbidity units [NTU]) at all depths nearest
the construction activity was typically less than 1 NTU higher than
stations farther from the project area throughout construction.
Similar results were recorded during pile removal operations at two
WSDOT ferry facilities. At the Friday Harbor terminal, localized
turbidity levels (from three timber pile removal events) were generally
less than 0.5 NTU higher than background levels and never exceeded 1
NTU. At the Eagle Harbor maintenance facility, local turbidity levels
(from removal of timber and steel piles) did not exceed 0.2 NTU above
background levels. In general, turbidity associated with pile
installation is localized to about a 25-foot radius around the pile
(Everitt et al. 1980).
Cetaceans are not expected to be close enough to the Anacortes
ferry terminal to experience turbidity, and any pinnipeds will be
transiting the terminal area and could avoid localized areas of
turbidity. Therefore, the impact from increased turbidity levels is
expected to be discountable to marine mammals.
Passage Obstructions
Pile removal and driving operations at the Anacortes ferry terminal
will not obstruct movements of marine mammals. The operations at
Anacortes will occur within 152 m (500 ft) of the shoreline, leaving
3.2 km (2.0 mi) of Puget Sound for marine mammals to pass.
A construction barge will be used during the project. The barge
will be anchored and/or spudded. No dynamic positioning system (DPS)
will be used.
Proposed Mitigation Measures
In order to issue an incidental take authorization under section
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to such activity, and other means of effecting the
least practicable adverse impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking for certain subsistence uses.
For WSDOT's proposed Anacortes tie-up slips dolphin and wingwall
replacement project, WSDOT worked with NMFS and proposed the following
mitigation measures to minimize the potential impacts to marine mammals
in the project vicinity. The primary purposes of these mitigation
measures are to minimize sound levels from the activities, to monitor
marine mammals within designated zones of influence (ZOI) corresponding
to NMFS' current Level B harassment thresholds and, if marine mammals
with the ZOI appear disturbed by the work activity, to initiate
immediate shutdown or power down of the piling hammer, making it very
unlikely potential injury or TTS to marine mammals would occur and
ensuring that Level B behavioral harassment of marine mammals would be
reduced to the lowest level practicable.
No Impact Pile Driving
To avoid potential injury to marine mammals, only vibratory pile
hammer will be used for pile removal and pile driving.
Time Restriction
Work would occur only during daylight hours, when visual monitoring
of marine mammals can be conducted. In addition, all in-water
construction will be limited to the period between September 1, 2015,
and February 15, 2016.
Establishment of Level B Harassment Zones of Influence
Because WSDOT will not use impact pile driving for the proposed
construction work, no Level A exclusion zone exists for marine mammals.
NMFS currently uses received level of 120 dB as the onset of Level B
harassment from non-impulse sources such as vibratory pile driving and
pile removal. However, the in-water background noise data taken within
the functional hearing group of relevant species showed that at the
Anacortes ferry terminal area, the median day-time cumulative
distribution function (CDF) for ambient noise levels range between 123
and 133 dBRMS re 1 [micro]Pa (WSDOT 2014). Therefore, the
123-dB level will be used as the onset of Level B behavioral harassment
at the Anacortes project area because this level will include marine
mammals in all functional hearing groups.
Before the commencement of in-water pile driving activities, WSDOT
shall establish Level B behavioral harassment zones of influence (ZOIs)
where received underwater sound pressure levels (SPLs) are higher than
123 dB (rms) re 1 [micro]Pa for vibratory pile driving.
The 123-dB Level B harassment ZOIs from in-water vibratory pile
removal and pile driving are modeled based on in-water measurements at
the WSDOT Port Townsend Ferry Terminal (Laughlin 2011) and Friday
Harbor Ferry Terminal (Laughlin 2010) constructions. These modeled
results are presented in Table 4 below.
Table 4--Modeled ZOI Distances to Level B Behavioral Harassment From the Pile Driving and Pile Removal at
WSDOT's Anacortes Project Area
----------------------------------------------------------------------------------------------------------------
In-water ZOI
Vibratory pile type/method Threshold (km) In-air ZOI (m)
----------------------------------------------------------------------------------------------------------------
12-inch timber removal................ 123 dBRMS re 1 [micro]Pa 1.6 ................
24-inch steel removal/driving......... 123 dBRMS re 1 [micro]Pa 4.0 ................
30-inch steel driving................. 123 dBRMS re 1 [micro]Pa 26 ................
36-inch steel driving................. 123 dBRMS re 1 [micro]Pa 40 ................
All piles/in-air (harbor seals)....... 90 dBRMS re 20 [micro]Pa ................. 30
All piles/in-air (other pinnipeds).... 100 dBRMS re 20 [micro]Pa ................. 10
----------------------------------------------------------------------------------------------------------------
[[Page 11654]]
Soft Start
WSDOT will implement ``soft start'' (or ramp up) to reduce
potential startling behavioral responses from marine mammals. Soft
start requires contractors to initiate noise from the vibratory hammer
for 15 seconds at reduced energy followed by a 1-minute waiting period.
The procedure will be repeated two additional times. Each day, WSDOT
will use the soft-start technique at the beginning of pile driving, or
if pile driving has ceased for more than one hour.
Shutdown Measures
WSDOT shall implement shutdown measures if southern resident killer
whales are sighted within the vicinity of the project area and are
approaching the Level B harassment zone (zone of influence, or ZOI)
during in-water construction activities.
If a killer whale approaches the ZOI during pile driving or
removal, and it is unknown whether it is a Southern Resident killer
whale or a transient killer whale, it shall be assumed to be a Southern
Resident killer whale and WSDOT shall implement the shutdown measure.
If a Southern Resident killer whale or an unidentified killer whale
enters the ZOI undetected, in-water pile driving or pile removal shall
be suspended until the whale exits the ZOI to avoid further level B
harassment.
Further, WSDOT shall implement shutdown measures if the number of
any allotted marine mammal takes reaches the limit under the IHA (if
issued), if such marine mammals are sighted within the vicinity of the
project area and are approaching the Level B harassment zone during in-
water construction activities.
Coordination With Local Marine Mammal Research Network
Prior to the start of pile driving, the Orca Network and/or Center
for Whale Research will 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
NOAA Fisheries, the Center for Whale Research, Cascadia Research, the
Whale Museum Hotline and the British Columbia Sightings Network.
`Sightings' information collected by the Orca Network includes
detection by hydrophone. The SeaSound Remote Sensing Network is a
system of interconnected hydrophones installed in the marine
environment of Haro Strait (west side of San Juan Island) to study orca
communication, in-water noise, bottom fish 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, WSDOT
will be able to get real-time information on the presence or absence of
whales before starting any pile driving.
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
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 pile driving and pile removal 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 pile driving and pile removal, 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 pile driving, 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 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 incidental take authorization (ITA) for an
activity, section 101(a)(5)(D) of the MMPA states that NMFS must set
forth, ``requirements pertaining to the monitoring and reporting of
such taking.'' The MMPA implementing regulations at 50 CFR 216.104
(a)(13) indicate that requests for ITAs must include the suggested
means of accomplishing the necessary monitoring and reporting that will
result in increased knowledge of the species and of the level of taking
or impacts on populations of marine mammals that are expected to be
present in the proposed action area. WSDOT submitted a marine mammal
monitoring plan as part of the IHA application. It can be found at
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be
modified or supplemented based on comments or new information received
[[Page 11655]]
from the public during the public comment period.
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 pile driving 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:
[ssquf] 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);
[ssquf] 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);
[ssquf] 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.
Proposed Monitoring Measures
WSDOT shall employ NMFS-approved protected species observers (PSOs)
to conduct marine mammal monitoring for its Anacortes tie-up dolphins
and wingwall replacement project. The PSOs will observe and collect
data on marine mammals in and around the project area for 30 minutes
before, during, and for 30 minutes after all pile removal and pile
installation work. If a PSO observes a marine mammal within a ZOI that
appears to be disturbed by the work activity, the PSO will notify the
work crew to initiate shutdown measures.
Monitoring of marine mammals around the construction site shall be
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
Due to the different sizes of ZOIs from different pile sizes, two
different ZOIs and monitoring protocols corresponding to a specific
pile size will be established. Specifically, during vibratory timber
removal, and 24'' steel vibratory pile driving and removal, one land-
based PSO will monitor the area from the terminal work site, and one
boat with a driver and a PSO will travel through the monitoring area.
During 30/36'' vibratory pile driving, one land-based PSO will monitor
the area from the terminal work site, and two boats with two drivers
and two PSOs will travel through the monitoring area (see Figures 2 and
3 in WSDOT's Marine Mammal Monitoring Plan).
Data collection during marine mammal monitoring will consist of a
count of all marine mammals by species, a description of behavior (if
possible), location, direction of movement, type of construction that
is occurring, time that pile replacement work begins and ends, any
acoustic or visual disturbance, and time of the observation.
Environmental conditions such as weather, visibility, temperature, tide
level, current, and sea state would also be recorded.
Proposed Reporting Measures
WSDOT would be required to submit a final monitoring report within
90 days after completion of the construction work or the expiration of
the IHA (if issued), whichever comes earlier. This report would detail
the monitoring protocol, summarize the data recorded during monitoring,
and estimate the number of marine mammals that may have been harassed.
NMFS would have an opportunity to provide comments on the report, and
if NMFS has comments, WSDOT would address the comments and submit a
final report to NMFS within 30 days.
In addition, NMFS would require WSDOT to notify NMFS' Office of
Protected Resources and NMFS' Stranding Network within 48 hours of
sighting an injured or dead marine mammal in the vicinity of the
construction site. WSDOT shall provide NMFS with the species or
description of the animal(s), the condition of the animal(s) (including
carcass condition, if the animal is dead), location, time of first
discovery, observed behaviors (if alive), and photo or video (if
available).
In the event that WSDOT finds an injured or dead marine mammal that
is not in the vicinity of the construction area, WSDOT would report the
same information as listed above to NMFS as soon as operationally
feasible.
Estimated Take by 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].
As discussed above, in-water pile removal and pile driving
(vibratory and impact) generate loud noises that could potentially
harass marine mammals in the vicinity of WSDOT's proposed Anacortes
Ferry Terminal tie-up slip dolphin and wingwall replacement project.
As mentioned earlier in this document, currently NMFS uses 120 dB
re 1 [micro]Pa and 160 dB re 1 [micro]Pa at the received levels for the
onset of Level B harassment from non-impulse (vibratory pile driving
and removal) and impulse sources (impact pile driving) underwater,
respectively. Table 3 summarizes the current NMFS marine mammal take
criteria.
Table 3--Current Acoustic Exposure Criteria for Non-Explosive Sound Underwater
----------------------------------------------------------------------------------------------------------------
Criterion Criterion definition Threshold
----------------------------------------------------------------------------------------------------------------
Level A Harassment (Injury)........ Permanent Threshold Shift 180 dB re 1 [micro]Pa (cetaceans)
(PTS) (Any level above 190 dB re 1 [micro]Pa (pinnipeds)
that which is known to root mean square (rms)
cause TTS).
Level B Harassment................. Behavioral Disruption (for 160 dB re 1 [micro]Pa (rms)
impulse noises).
Level B Harassment................. Behavioral Disruption (for 120 dB re 1 [micro]Pa (rms)
non-impulse noise).
----------------------------------------------------------------------------------------------------------------
[[Page 11656]]
As explained above, ZOIs will be established that encompass the
areas where received underwater sound pressure levels (SPLs) exceed the
applicable thresholds for Level B harassment. In the case of WSDOT's
proposed Anacortes construction project, the Level B harassment ZOI for
non-impulse noise sources will be at the received level at 123 dB,
which is the median ambient noise level for the high-frequency
cetacean. There will not be a zone for Level A harassment in this case,
because source levels from vibratory hammer do not exceed the threshold
for Level A harassment, and no impact hammer will be used in the
proposed project.
Sound Levels From Proposed Construction Activity
As mentioned earlier, the 123-dB Level B harassment ZOIs are
modeled based on in-water measurements at the WSDOT Port Townsend Ferry
Terminal (Laughlin 2011) and Friday Harbor Ferry Terminal (Laughlin
2010) constructions (Table 4). Incidental take is calculated for each
species by estimating the likelihood of a marine mammal being present
within a ZOI during active pile removal/driving. Expected marine mammal
presence is determined by past observations and general abundance near
the Anacortes ferry terminal during the construction window. Ideally,
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, and information from state and federal agencies. All
haulout and observation data available are summarized in Section 3 of
WSDOT's IHA application. Project duration is presented in Section 2 of
WSDOT's IHA application.
The calculation for marine mammal exposures is estimated by:
Exposure estimate = N (number of animals in the area) * Number of days
of pile removal/driving activity
Estimates include Level B acoustical harassment during vibratory
pile removal and driving. All estimates are conservative, as pile
removal/driving will not be continuous during the work day. Using this
approach, a summary of estimated takes of marine mammals incidental to
WSDOT's Anacortes Ferry Terminal tip-up dolphins and wingwall
replacement work are provided in Table 5.
Table 5--Estimated Numbers of Marine Mammals That May Be Exposed to Received Pile Removal Levels Above 123 dB re
1 [mu]Pa (rms)
----------------------------------------------------------------------------------------------------------------
Estimated marine
Species mammal takes Abundance Percentage
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.................................. 900 14,612 6.0
California sea lion.................................. 180 296,750 0.06
Steller sea lion..................................... 360 52,847 0.7
Northern elephant seal............................... 72 124,000 0.06
Harbor porpoise...................................... 612 10,682 5.7
Dall's porpoise...................................... 108 42,000 0.3
Killer whale, transient.............................. 70 354 20
Killer whale, Southern Resident...................... 4 81 5.0
Pacific white-sided dolphin.......................... 360 25,233 1.4
Gray whale........................................... 36 18,017 0.2
Humpback whale....................................... 30 2,043 1.5
Minke whale.......................................... 10 202-600 1.7-5
----------------------------------------------------------------------------------------------------------------
Analysis and Preliminary Determinations
Negligible Impact
Negligible impact is ``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'' (50 CFR 216.103). 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, and effects on habitat.
WSDOT's proposed Anacortes Ferry Terminal tie-up dolphins and
wingwall replacement project would involve vibratory pile removal and
pile driving activities. Elevated underwater noises are expected to be
generated as a result of these activities; however, these noises are
expected to result in no mortality or Level A harassment and limited
Level B harassment of marine mammals. WSDOT would not use impact hammer
for pile driving, thus eliminating the potential for injury (including
PTS) and TTS from noise impact. For vibratory pile removal and pile
driving, noise levels are not expected to reach the level that may
cause TTS, injury (including PTS), or mortality to marine mammals.
Therefore, NMFS does not expect that any animals would experience Level
A harassment (including injury or PTS) or Level B harassment in the
form of TTS from being exposed to in-water pile removal and pile
driving associated with WSDOT's construction project.
Additionally, the sum of noise from WSDOT's proposed Anacortes
Ferry Terminal tie-up dolphins and wingwall replacement construction
activities is confined to a limited area by surrounding landmasses;
therefore, the noise generated is not expected to contribute to
increased ocean ambient noise. In addition, due to shallow water depths
in the project area, underwater sound propagation of low-frequency
sound (which is the major noise source from pile driving) is expected
to be poor.
In addition, WSDOT's proposed activities are localized and of short
duration. The entire project area is limited to WSDOT's Anacortes Ferry
Terminal construction work. The entire
[[Page 11657]]
project would involve the removal of 272 existing piles and
installation of 81 piles. The duration for the construction would
involve 68 hours in 9 days for pile removal and 27 hours in 27 days for
pile installation. 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. Moreover, the
proposed mitigation and monitoring measures are expected to reduce
potential exposures and behavioral modifications even further.
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 Anacortes Ferry Terminal tie-up
dolphins and wingwall replacement work 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 proposed project area is not a prime habitat for marine
mammals, nor is it considered an area frequented by marine mammals.
Therefore, behavioral disturbances that could result from anthropogenic
noise associated with WSDOT's construction activities are expected to
affect only a small number of marine mammals on an infrequent and
limited basis.
The project also is not expected to have significant adverse
effects on affected marine mammals' habitat, as analyzed in detail in
the ``Anticipated Effects on Marine Mammal Habitat'' section. The
project activities would not modify existing marine mammal habitat. The
activities may cause some fish to leave the area of disturbance, thus
temporarily impacting marine mammals' foraging opportunities in a
limited portion of the foraging range; but, because of the short
duration of the activities and the relatively small area of the habitat
that may be affected, the impacts to marine mammal habitat are not
expected to cause significant or long-term negative consequences.
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 WSDOT's Anacortes Ferry Terminal tie-up dolphins and
wingwall replacement project will have a negligible impact on the
affected marine mammal species or stocks.
Small Number
Based on analyses provided above, it is estimated that
approximately 900 harbor seals, 180 California sea lions, 360 Steller
sea lions, 72 northern elephant seals, 612 harbor porpoises, 108 Dall's
porpoises, 70 transient killer whales, 4 Southern Resident killer
whales, 360 Pacific white-sided dolphins, 36 gray whales, 30 humpback
whales, and 10 minke whales could be exposed to received noise levels
that could cause Level B behavioral harassment from the proposed
construction work at the Anacortes Ferry Terminal in Washington State.
These numbers represent approximately 0.06% to 20% of the populations
of these species that could be affected by Level B behavioral
harassment, respectively (see Table 5 above), which are small
percentages relative to the total populations of the affected species
or stocks.
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, which are expected to reduce the number of marine mammals
potentially affected by the proposed action, 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 subsistence uses of marine mammals in the proposed
project area; and, thus, no subsistence uses impacted 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)
The humpback whale and the Southern Resident stock of killer whale
are the only marine mammal species currently listed under the ESA that
could occur in the vicinity of WSDOT's proposed construction projects.
NMFS' Permits and Conservation Division has initiated consultation with
NMFS' Protected Resources Division under section 7 of the ESA on the
issuance of an IHA to WSDOT under section 101(a)(5)(D) of the MMPA for
this activity. Consultation will be concluded prior to a determination
on the issuance of an IHA.
National Environmental Policy Act (NEPA)
NMFS prepared a draft Environmental Assessment (EA) for the
proposed issuance of an IHA, pursuant to NEPA, to determine whether or
not this proposed activity may have a significant effect on the human
environment. This analysis will be completed prior to the issuance or
denial of this proposed IHA.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to WSDOT for conducting the Anacortes Ferry Terminal tie-
up dolphins and wingwall replacement project, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated. The proposed IHA language is provided next.
1. This Authorization is valid from September 1, 2015, through
August 31, 2016.
2. This Authorization is valid only for activities associated in-
water construction work at the Anacortes Ferry Terminal tie-up dolphins
and wingwall replacement project in the State of Washington.
3. (a) The species authorized for incidental harassment takings,
Level B harassment only, are: Pacific harbor seal (Phoca vitulina
richardsi), California sea lion (Zalophus californianus), Steller sea
lion (Eumetopias jubatus), northern elephant seals (Mirounga
angustirostris), transient and Southern Resident killer whales (Orcinus
orca), Pacific white-sided dolphin (Lagenorhynchus obliquidens), gray
whale (Eschrichtius robustus), humpback whale (Megaptera novaeangliae),
harbor porpoise (Phocoena phocoena), and Dall's porpoise (Phocoena
dali).
(b) The authorization for taking by harassment is limited to the
following acoustic sources and from the following activities:
Vibratory pile driving;
Vibratory pile removal; and
Work associated with above piling activities.
(c) The taking of any marine mammal in a manner prohibited under
this Authorization must be reported within 24 hours of the taking to
the West Coast Administrator (206-526-6150), National Marine Fisheries
Service (NMFS) and the Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, at (301) 427-8401, or her designee
(301-427-8418).
[[Page 11658]]
4. The holder of this Authorization must notify the Chief of the
Permits and Conservation Division, Office of Protected Resources, at
least 48 hours prior to the start of activities identified in 3(b)
(unless constrained by the date of issuance of this Authorization in
which case notification shall be made as soon as possible).
5. Prohibitions
(a) The taking, by incidental harassment only, is limited to the
species listed under condition 3(a) above and by the numbers listed in
Table 5. The taking by Level A harassment, injury or death of these
species or the taking by harassment, injury or death of any other
species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this Authorization.
(b) The taking of any marine mammal is prohibited whenever the
required protected species observers (PSOs), required by condition
7(a), are not present in conformance with condition 7(a) of this
Authorization.
6. Mitigation
(a) Time Restriction
In-water construction work shall occur only during daylight hours,
when visual monitoring of marine mammals can be conducted.
(b) Establishment of Level B Harassment Zones of Influence
Before the commencement of in-water pile driving activities, WSDOT
shall establish Level B behavioral harassment zones of influence (ZOIs)
where received underwater sound pressure levels (SPLs) are higher than
123 dB (rms) re 1 [micro]Pa. The modeled isopleths for ZOIs are listed
in Table 4.
(c) Monitoring of marine mammals shall take place starting 30
minutes before pile driving begins until 30 minutes after pile driving
ends.
(d) Soft Start
(i) When there has been downtime of 30 minutes or more without pile
driving, the contractor will initiate the driving with ramp-up
procedures described below.
(ii) Soft start requires contractors to initiate noise from the
vibratory hammer for 15 seconds at reduced energy followed by a 1-
minute waiting period. The procedure will be repeated two additional
times. Each day, WSDOT will use the soft-start technique at the
beginning of pile driving, or if pile driving has ceased for more than
one hour.
(e) Shutdown Measures
(i) WSDOT shall implement shutdown measures if southern resident
killer whales (SRKWs) are sighted within the vicinity of the project
area and are approaching the Level B harassment zone (zone of
influence, or ZOI) during in-water construction activities.
(ii) If a killer whale approaches the ZOI during pile driving or
removal, and it is unknown whether it is a SRKW or a transient killer
whale, it shall be assumed to be a SRKW and WSDOT shall implement the
shutdown measure identified in 6(e)(i).
(iii) If a SRKW enters the ZOI undetected, in-water pile driving or
pile removal shall be suspended until the SRKW exits the ZOI to avoid
further level B harassment.
(iv) WSDOT shall implement shutdown measures if the number of any
allotted marine mammal takes reaches the limit under the IHA, if such
marine mammals are sighted within the vicinity of the project area and
are approaching the Level B harassment zone during pile removal
activities.
(v) WSDOT shall implement shutdown measures if marine mammals with
the ZOI appear disturbed by the work activity.
(f) Coordination With Local Marine Mammal Research Network
Prior to the start of pile driving, WSDOT will contact the Orca
Network and/or Center for Whale Research to get real-time information
on the presence or absence of whales before starting any pile driving.
7. Monitoring:
(a) Protected Species Observers
WSDOT shall employ NMFS-approved PSOs to conduct marine mammal
monitoring for its construction project.
(i) 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 required to correctly identify the target.
(ii) Experience or training in the field identification of marine
mammals (cetaceans and pinnipeds).
(iii) Sufficient training, orientation or experience with the
construction operation to provide for personal safety during
observations.
(iv) Ability to communicate orally, by radio or in person, with
project personnel to provide real time information on marine mammals
observed in the area as necessary.
(v) Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience).
(vi) Writing skills sufficient to prepare a report of observations
that would include such information as the number and type of marine
mammals observed; the behavior of marine mammals in the project area
during construction, dates and times when observations were conducted;
dates and times when in-water construction activities were conducted;
and dates and times when marine mammals were present at or within the
defined ZOI.
(b) Monitoring Protocols: PSOs shall be present on site at all
times during pile removal and driving.
(i) A range finder or hand-held global positioning system device
will be used to ensure that the 123 dBrms re 1 [mu]Pa Level
B behavioral harassment ZOI is monitored.
(ii) A 30-minute pre-construction marine mammal monitoring will be
required before the first pile driving or pile removal of the day. A
30-minute post-construction marine mammal monitoring will be required
after the last pile driving or pile removal of the day. If the
constructors take a break between subsequent pile driving or pile
removal for more than 30 minutes, then additional pre-construction
marine mammal monitoring will be required before the next start-up of
pile driving or pile removal.
(iii) Marine mammal visual monitoring will be conducted for
different ZOIs based on different sizes of piles being driven or
removed.
(A) For vibratory timber removal, and 24'' steel vibratory pile
driving and removal, one land-based PSO will monitor the area from the
terminal work site, and one boat with a driver and a PSO will travel
through the monitoring area.
(B) For 30''/36'' vibratory pile driving, one land-based PSO will
monitor the area from the terminal work site, and two boats with two
drivers and two PSOs will travel through the monitoring area.
(iv) If marine mammals are observed, the following information will
be documented:
(A) Species of observed marine mammals;
(B) Number of observed marine mammal individuals;
(C) Behavioral of observed marine mammals;
(D) Location within the ZOI; and
(E) Animals' reaction (if any) to pile-driving activities.
8. Reporting:
(a) WSDOT shall provide NMFS with a draft monitoring report within
90 days of the conclusion of the construction work or within 90 days of
the expiration of the IHA, whichever comes first. This report shall
detail the monitoring protocol, summarize the data recorded during
monitoring, and estimate the number of marine mammals that may have
been harassed.
[[Page 11659]]
(b) If comments are received from the NMFS West Coast Regional
Administrator or NMFS Office of Protected Resources on the draft
report, a final report shall be submitted to NMFS within 30 days
thereafter. If no comments are received from NMFS, the draft report
will be considered to be the final report.
(c) In the unanticipated event that the construction activities
clearly cause the take of a marine mammal in a manner prohibited by
this Authorization (if issued), such as an injury, serious injury, or
mortality, WSDOT shall immediately cease all operations and immediately
report the incident to the Chief, 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, 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.
(E) In the event that WSDOT discovers an injured or dead marine
mammal, and the lead PSO determines that the cause of the injury or
death is unknown and the death is relatively recent (i.e., in less than
a moderate state of decomposition as described in the next paragraph),
WSDOT will immediately report the incident to the Chief, 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.
(F) 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 Chief, 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.
9. This Authorization may be modified, suspended or withdrawn if
the holder fails to abide by the conditions prescribed herein or if the
authorized taking is having more than a negligible impact on the
species or stock of affected marine mammals, or if there is an
unmitigable adverse impact on the availability of such species or
stocks for subsistence uses.
10. A copy of this Authorization and the Incidental Take Statement
must be in the possession of each contractor who performs the
construction work at the Anacortes Ferry Terminals.
11. WSDOT is required to comply with the Terms and Conditions of
the Incidental Take Statement corresponding to NMFS' Biological
Opinion.
Dated: February 25, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-04425 Filed 3-3-15; 8:45 am]
BILLING CODE 3510-22-P