[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65704-65710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27262]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE097
Taking of Marine Mammals Incidental to Specified Activities;
Front Street Transload Facility Construction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the Bergerson
Construction, Inc. (Bergerson) to take, by Level B harassment, small
numbers of two species of marine mammals incidental to the Front Street
Transload Facility construction project in Newport, Oregon, between
November 1, 2015, and October 31, 2016.
DATES: Effective November 1, 2015, through October 31, 2016.
ADDRESSES: Requests for information on the incidental take
authorization should be addressed to Jolie Harrison, Chief,
[[Page 65705]]
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910. A copy of the application containing a list of the
references used in this document, NMFS' Environmental Assessment (EA),
Finding of No Significant Impact (FONSI), and the IHA may be obtained
by writing to the address specified above or visiting the Internet at:
http://www.nmfs.noaa.gov/pr/permits/incidental/. Documents cited in
this notice may be viewed, by appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for a one-year authorization to
incidentally take small numbers of marine mammals by harassment,
provided that there is no potential for serious injury or mortality to
result from the activity. Section 101(a)(5)(D) establishes a 45-day
time limit for NMFS review of an application followed by a 30-day
public notice and comment period on any proposed authorizations for the
incidental harassment of marine mammals. Within 45 days of the close of
the comment period, NMFS must either issue or deny the authorization.
Summary of Request
On April 22, 2015, Bergerson submitted a request to NMFS requesting
an IHA for the possible harassment of small numbers of Pacific harbor
seal (Phoca vitulina richardii) and California sea lion (Zalophus
californianus) incidental to construction associated with the Front
Street Marine Transload Facility in the city of Newport, Oregon, for a
period of one year starting November 2015. NMFS determined the IHA
application was complete on July 29, 2015.
Description of the Specified Activity
A detailed description of the Front Street Transload Facility
construction project is provided in the Federal Register notice for the
proposed IHA (80 FR 48500; August 13, 2015). Since that time, no
changes have been made to the proposed construction activities.
Therefore, a detailed description is not provided here. Please refer to
that Federal Register notice for the description of the specific
activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to Bergerson was
published in the Federal Register on August 13, 2015. That notice
described, in detail, Bergerson's activity, the marine mammal species
that may be affected by the activity, and the anticipated effects on
marine mammals. During the 30-day public comment period, NMFS received
comments from the Marine Mammal Commission (Commission). The Commission
recommends NMFS issue the IHA, subject to inclusion of the proposed
mitigation, monitoring, and reporting measures.
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 are Pacific harbor seal (Phoca
vitulina richardsi) and California sea lion (Zalophus californianus).
Table 1--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.
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General information on the marine mammal species found in Oregon
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 1. Specific information concerning these species
in the vicinity of the proposed action area is provided in detail in
the Bergerson's IHA application (Turner and Campbell, 2015).
Potential Effects of the Specified Activity on Marine Mammals
The effects of underwater noise from in-water pile removal and pile
driving associated with the construction activities for the Front
Street Transload Facility in Newport, Oregon, has the potential to
result in behavioral harassment of marine mammal species and stocks in
the vicinity of the action area. The Notice of Proposed IHA included a
discussion of the effects of anthropogenic noise on marine mammals,
which is not repeated here. No instances of hearing threshold shifts,
injury, serious injury, or mortality are expected as a result of the
construction activities given the strong likelihood that marine mammals
would avoid the immediate vicinity of the pile driving area.
Potential Effects on Marine Mammal Habitat
The primary potential impacts to marine mammals and other marine
species are associated with elevated sound levels, but the project may
also result in additional effects to marine mammal prey species and
short-term local water turbidity caused by in-water construction due to
pile removal and pile driving. These potential effects are
[[Page 65706]]
discussed in detail in the Federal Register notice for the proposed IHA
and are not repeated here.
Mitigation Measures
In order to issue an incidental take authorization under section
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to such activity, and other means of effecting the
least practicable adverse impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking for certain subsistence uses.
For the Front Street Transload Facility construction project, NMFS
is requiring Bergerson to implement the following mitigation measures
to minimize the potential impacts to marine mammals in the project
vicinity as a result of the in-water construction activities.
Time Restriction
Work shall 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 November 1, 2015,
and February 15, 2016.
Air Bubble Curtain
Bergerson is required to install an air bubble curtain system
around the pile during pile installation using an impact hammer.
Establishment of Exclusion Zone and Level B Harassment Zones of
Influence
Before the commencement of in-water pile driving activities,
Bergerson shall establish Level A exclusion zones and Level B zones of
influence (ZOIs). The received underwater sound pressure levels (SPLs)
within the exclusion zone would be 190 dB (rms) re 1 [micro]Pa and
above. The Level B ZOIs would encompass areas where received underwater
SPLs are higher than 160 dB (rms) and 120 dB (rms) re 1 [micro]Pa for
impulse noise sources (impact pile driving) and non-impulses noise
sources (vibratory pile driving and mechanic dismantling),
respectively.
Based on measurements conducted nearby in similar water depth and
sediment type in the Yaquina Bay for the NOAA Marine Operation Center P
Test Pile Program (Miner, 2010), average vibratory hammer sound
pressure level for 24-inch steel pile at 10 meters from the pile is 157
dB re 1 [mu]Pa (Minor 2010; ICF Jones & Stokes and Illingworth and
Rodkin 2009). Based on practical spreading model with a transmission
loss constant of 15, the distance at which the sound pressure levels
fall below the 120 dB (rms) re 1 [mu]Pa is approximately 1.8 miles from
the pile (Miner, 2010).
Modeling of exclusion zone and ZOIs for impact pile driving source
level are based on measurements conducted at the nearby Tongue Point
Facility in Astoria, Oregon, for installation of 24-in steel pile with
an impact hammer (Illingworth and Rodkin, 2009). The result shows that
the SPL at 10 m from the pile is 182 dB (rms) re 1 [micro]Pa.
Nevertheless, a conservative 190 dB (rms) re 1 [micro]Pa value at 10 m
and a practical spreading with a transmission loss constant of 15 are
used to establish the exclusion zone and ZOI. As a result, the distance
at which the SPLs fall below the 160 dB (rms) re 1 [micro]Pa behavioral
threshold for impact hammering is approximately 0.62 miles. With a
bubble curtain and an estimated 10 dB reduction in sound levels, the
distance at which the sound pressure levels fall below the 160 dB RMS
behavioral threshold for impact hammering is approximately 707 feet.
The exclusion zone with the air bubble curtain system would be 7 feet
from the pile.
The exclusion zone for Level A harassment and ZOIs for Level B
harassment are presented in Table 2 below.
Table 2--Modeled Level A and Level B Harassment Zones for Vibratory and Impact Pile Driving Activities
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Pile driving methods Distance to 190 dB (m) Distance to 160 dB (m) Distance to 120 dB (m)
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Vibratory pile driving/removal....... NA..................... NA..................... 2,900.
Impact pile driving.................. 10/2.1 (with air bubble 1,000/215 (with air NA.
system). bubble system).
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Soft Start
A ``soft-start'' technique is intended to allow marine mammals to
vacate the area before the pile driver reaches full power. Whenever
there has been downtime of 30 minutes or more without pile driving, the
contractor will initiate the driving with ramp-up procedures described
below.
For impact pile driving, the contractor would provide an initial
set of strikes from the impact hammer at reduced energy, followed by a
30-second waiting period, then two subsequent sets. (The reduced energy
of an individual hammer cannot be quantified because of variations
between individual drivers. Also, the number of strikes will vary at
reduced energy because raising the hammer at less than full power and
then releasing it results in the hammer ``bouncing'' as it strikes the
pile resulting in multiple ``strikes'').
For vibratory pile driving, the contractor will initiate noise from
vibratory hammers for 15 seconds at reduced energy followed by a 30-
second waiting period. The procedure shall be repeated two additional
times.
Shutdown Measures
Bergerson shall implement shutdown measures if a marine mammal is
sighted approaching the Level A exclusion zone. In-water construction
activities shall be suspended until the marine mammal is sighted moving
away from the exclusion zone, or if the animal is not sighted for 30
minutes after the shutdown.
In addition, Bergerson shall implement shutdown measures to prevent
a take if a marine mammal species or stock that is not authorized under
the IHA enters a zone of influence, or if the take of a specific marine
mammal species or stock has reached the take limit issued under the
IHA.
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.
[[Page 65707]]
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 1, 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 determined that the
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.
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. Bergerson 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.
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, temporary
hearing threshold shift (TTS), or permanent hearing threshold shift
(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;
[ssquf] An increased knowledge of the affected species; and
[ssquf] An increase in our understanding of the effectiveness of
certain mitigation and monitoring measures.
Monitoring Measures
During pile removal and installation, two land-based protected
species observers (PSOs) would monitor the area from the best
observation points available. If weather conditions prevent adequate
land-based observations of the entire ensonified zones, boat-based
monitoring would be implemented.
The PSOs shall 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 or approaching the exclusion zone, the
PSO shall notify the work crew to initiate shutdown measures. In
addition, if a PSO observes a marine mammal species that is not
authorized for take, or the take of such marine mammal species has
reached the take limit, the PSO shall notify the work crew to initiate
shutdown measures if the animal is approaching the zone of influence.
Monitoring of marine mammals around the construction site shall be
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power).
Data collection during marine mammal monitoring would 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.
Reporting Measures
Bergerson shall submit a final monitoring report within 90 days
after completion of the construction work or the expiration of the IHA,
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, Bergerson shall address the comments and submit a final
report to NMFS within 30 days.
In the unanticipated event that the construction activities clearly
cause the take of a marine mammal in a manner prohibited by this
Authorization, such as an injury, serious injury, or mortality,
Bergerson shall immediately cease all
[[Page 65708]]
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 Bergerson to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. Bergerson may not resume
their activities until notified by NMFS via letter, email, or
telephone.
In addition, NMFS requires Bergerson 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. Bergerson 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 Bergerson finds an injured or dead marine mammal
that is not in the vicinity of the construction area, Bergerson 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 Bergerson's proposed Front
Street Transload Facility construction 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
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Criterion Criterion definition Threshold
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Level A Harassment (Injury)............. Permanent Threshold Shift (PTS) (Any level 180 dB re 1 [mu]Pa
above that which is known to cause TTS). (cetaceans).
190 dB re 1 [mu]Pa
(pinnipeds).
root mean square (rms).
Level B Harassment...................... Behavioral Disruption (for impulse noises) 160 dB re 1 [mu]Pa (rms).
Level B Harassment...................... Behavioral Disruption (for non-impulse 120 dB re 1 [mu]Pa (rms).
noise).
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As explained above, exclusion and ZOIs will be established that
encompass the areas where received underwater sound pressure levels
(SPLs) exceed the applicable thresholds for Level A and Level B
harassments. In the case of Bergerson's proposed Front Street Transload
Facility construction project, the Level B harassment ZOIs for impact
and vibratory pile driving are at 215 m and 2,900 m from the source,
respectively. The Level A harassment exclusion from impact pile driving
is 2.1 m from the source.
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 Front Street Transload
Facility 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 mammals. As a
result, the take requests were estimated using local marine mammal data
sets, and information from state and federal agencies.
The calculation for marine mammal exposures is estimated by:
Exposure estimate = N (number of animals in the area) * 30 days of pile
removal/driving activity
Estimates include Level B acoustical harassment during pile removal
and driving. All estimates are conservative, as pile removal/driving
would not be continuous during the work day. Using this approach, a
summary of estimated takes of marine mammals incidental to Bergerson's
Front Street Transload Facility construction work are provided in Table
4. The take calculation of California sea lion is described in
Bergerson's IHA application. The take calculation of Pacific harbor
seal is updated from Bergerson's IHA application and is described
below.
Surveys done at the time of the construction of the NOAA MOC-P
facility show that the number of harbor seals using haulouts in Yaquina
Bay fluctuates widely from day to day; therefore, the average daily
count of seals at the haulout was used to estimate the number of seals
that would likely be present within the project area during the entire
anticipated work period. Because there is no data on the counts of
harbor seals using the haulouts in Sally's Bend, the average daily
count of harbor seals using the finger jetty haulout was used to
estimate the total number of potential harbor seals subject to Level B
harassment throughout the project period. Survey results for harbor
seals using the Oyster Dock haulout were also used to yield more
conservative take estimates. It is estimated that an average daily take
of 34 seals, with a total of 1,020 harbor seal takes by Level B
harassment for the proposed work period.
[[Page 65709]]
Table 4--Estimated Numbers of Marine Mammals That May Be Exposed by Level B Harassment From Pile and Pile
Driving Activities
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Estimated marine
Species mammal takes Abundance Percentage
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.......................................... 1,020 16,165 6.31
California sea lion.......................................... 1,100 296,750 3.71
----------------------------------------------------------------------------------------------------------------
Analysis and 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.
To avoid repetition, this introductory discussion of our analyses
applies to all the species listed in Table 4, given that the
anticipated effects of Bergerson's Front Street Transload Facility
construction on marine mammals are expected to be relatively similar in
nature. There is no information about the nature or severity of the
impacts, or the size, status, or structure of any species or stock that
would lead to a different analysis for this activity, else species-
specific factors would be identified and analyzed.
Bergerson's proposed Front Street Transload Facility construction
project would involve vibratory pile removal and vibratory and impact
pile driving activities. Elevated underwater noises are expected to be
generated as a result of these activities. The exclusion zone for Level
A harassment is extremely small (2.1 m from the source) with the use of
an air bubble curtain system. The small exclusion zone combined with
the implementation of the proposed monitoring and mitigation measures
described above results in no expected Level A take of marine mammals.
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.
Additionally, the sum of noise from Bergerson's proposed Front
Street Transload Facility construction activities is confined to a
limited area by surrounding landmasses (as shown in Figure 1 of the IHA
application), which blocks underwater sound propagation; 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, Bergerson's proposed activities are localized and of
short duration. The entire project area is limited to Bergerson's Front
Street Transload Facility construction work. The entire project would
involve the removal of 25 existing piles and installation of 126 piles.
The duration for pile removal and pile driving would be 30 days. 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 (Southall et al. 2007). 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 Front Street Transload Facility
construction 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 Bergerson'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 finds that the total marine mammal take from
Bergerson's Front Street Transload Facility construction 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 750 harbor seals and 1,100 California sea lions could be
exposed to receive noise levels that could cause Level B behavioral
harassment from the proposed construction work at the Front Street
Transload Facility in Newport, Oregon. These numbers represent
approximately 4.6% and 3.7% of the populations of Pacific harbor seal
and California sea lion, respectively, 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
[[Page 65710]]
number of marine mammals potentially affected by the proposed action,
NMFS 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)
NMFS has determined that issuance of the IHA will have no effect on
listed marine mammals, as none are known to occur in the action area.
National Environmental Policy Act (NEPA)
NMFS prepared an Environmental Assessment (EA) and analyzed the
potential impacts to marine mammals that would result from the Front
Street Transload Facility construction project. A Finding of No
Significant Impact (FONSI) was signed in October 2015. A copy of the EA
and FONSI is available upon request (see ADDRESSES).
Authorization
NMFS has issued an IHA to Bergerson for the potential harassment of
small numbers of two marine mammal species incidental to the Front
Street Transload Facility construction project in Newport, Oregon,
provided the previously mentioned mitigation.
Dated: October 21, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-27262 Filed 10-26-15; 8:45 am]
BILLING CODE 3510-22-P