[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 79350-79375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27126]
[[Page 79349]]
Vol. 81
Thursday,
No. 218
November 10, 2016
Part V
Department of Commerce
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National Oceanic and Atmospheric Administration
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Takes of Marine Mammals Incidental to Specified Activities; Taking
Marine Mammals Incidental to the Kodiak Transient Float Replacement
Project; Notice
Federal Register / Vol. 81 , No. 218 / Thursday, November 10, 2016 /
Notices
[[Page 79350]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
XRIN 0648-XE941
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Kodiak Transient Float
Replacement Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
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SUMMARY: NMFS has received an application from the City of Kodiak Port
and Harbors (the City) for an Incidental Harassment Authorization (IHA)
to take marine mammals, by harassment, incidental to the Kodiak
transient float replacement project in Kodiak, Alaska. Pursuant to the
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its
proposal to issue an IHA to the City to incidentally take, by Level B
Harassment only, marine mammals during the specified activity. The City
requests that the IHA be valid for one year, from January 1, 2017
through December 31, 2017. Pursuant to NEPA, NMFS is preparing an
Environmental Assessment (EA) in accordance with the National
Environmental Policy Act (NEPA) and will consider comments submitted in
response to this notice as part of that process. The EA will be posted
at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm once
it is finalized.
DATES: Comments and information must be received no later than December
12, 2016.
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]. Comments sent via email, including all
attachments, must not exceed a 25-megabyte file size. NMFS is not
responsible for comments sent to addresses other than those provided
here.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
An electronic copy of the application may be obtained by writing to
the address specified above, telephoning the contact listed below (see
FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/. The following associated
documents are also available at the same internet address: Draft EA,
Monitoring Plan. Documents cited in this notice may also be viewed, by
appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the City's application and supporting
documents, as well as a list of the references cited in this document,
may be obtained by visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing
these documents, please call the contact listed above.
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.''
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On August 15, 2016, NMFS received an application from the City for
the taking of marine mammals incidental to the Kodiak transient float
replacement project in Kodiak, Alaska. On October 17, 2016 NMFS
received a revised application with updated take numbers. NMFS
determined that the application was adequate and complete on October
21, 2016. Subsequent to NMFS accepting the application, changes were
made to the injury zones, take numbers, and shutdown zones. The City
provided a memo to NMFS on November 1, 2016 noting these changes.
The City proposes to conduct in-water construction work (i.e., pile
driving and removal) that may incidentally harass marine mammals. The
proposed activity would occur from January 1, 2017 through December 31,
2017, with restrictions on impact driving between May 1, 2017 and June
30, 2017.
Proposed activities included as part of the Kodiak transient float
replacement project (transient float project) with the potential to
take marine mammals include vibratory and impact pile-driving
operations and use of a down-hole drill/hammer to install piles in
bedrock. Take by Level B harassment of individuals of six species is
anticipated to result from the specified activity.
On August 4, 2016, NMFS released its Technical Guidance for
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing
(Guidance). This new guidance established new thresholds for predicting
auditory injury, which equates to Level A harassment under the MMPA.
The transient float project used this new guidance when determining the
injury (Level A) zones.
Description of the Specified Activity
Overview
The City proposes to replace its existing transient float located
in Kodiak's Near Island Channel. The
[[Page 79351]]
purpose of this project is to replace the transient float with one that
meets modern standards for vessel mooring and public safety for the
next 50 years. The existing float has structural issues due to failing
walers, stringers, and bullrails. Due to these structural problems, the
float's capacity has been reduced. The existing float needs to be
replaced due to its poor condition and reduced capacity. The proposed
action includes in-water construction, including the removal of the
existing timber float and its associated timber and steel piles, and
installation of the replacement float and steel piles. The replacement
float will be located within nearly the same footprint as the existing
facility; however, the overall float length will be shortened to
improve all around accessibility within City right-of-way limits.
Dates and Duration
Pile installation and extraction associated with the Kodiak
transient float replacement project is scheduled to begin in January
2017 and end in March 2017. Pile installation and removal will take
approximately 57 hours and is expected to take place over a period of
12 days (not necessarily consecutive days). To minimize impacts to pink
salmon fry (Oncorhynchus gorbuscha) and coho salmon smolt (O. kisutch),
all in-water pile extraction and installation is planned to be
completed by April 30, 2016. However, if work cannot be completed by
that date, the Alaska Department of Fish & Game (ADF&G) has recommended
that the City refrain from impact pile installation from May 1 through
June 30 within the 12-hour period beginning daily at the start of civil
dawn (Marie 2015). If impact pile-driving occurs from May 1 through
June 30, it will occur in the evenings during daylight hours, after the
end of the 12-hour period that begins at civil dawn.
The 2.5-month long construction period accounts for the time
required to mobilize materials and resources, remove and replace piles,
remove the existing float, and install the new float, abutment,
gangway, electrical components, and other safety features. The 2.5-
month long construction period also accounts for potential delays in
material deliveries, equipment maintenance, inclement weather, and
shutdowns that could occur if marine mammals come within disturbance
zones associated with the project area. However, the City has requested
an authorization for up to one year of construction activities in case
unforeseen construction delays occur.
Pile extraction, pile driving, and drilling will occur
intermittently over the work period, from minutes to hours at a time
(Table 1 in the City's application). The proposed transient float
replacement project will require an estimated 12 days total of pile
extraction and installation, including eight hours of vibratory
extraction and installation, 48 hours of down-hole drilling, and less
than one hour of impact hammering. Timing will vary based on the
weather, delays, substrate type (the rock is layered and is of varying
hardness across the site, so some holes will be drilled quickly and
others may take longer), and other factors.
Specified Geographic Region
The Kodiak transient float is located in the City of Kodiak,
Alaska, at 57.788162[deg] N., -152.400287[deg] W., in Near Island
Channel in the Gulf of Alaska (See Figures 1-3 in the City's
Application). The transient float provides moorage for vessels from
villages as well as from the commercial fishing fleet located in Near
Island Channel, which separates downtown Kodiak from Near Island
(Figure 1-2 in the City's application). The channel is approximately
200 meters (m) (656 feet (ft)) wide and 15 m (50 ft) deep in the
project area. In the project footprint, the shoreline along the
Transient Float is heavily armored with riprap (see Figure 4 of the
City's application) and impervious surfaces directly abut the shoreline
adjacent to the float. The channel is located within Chiniak Bay which
opens to the Gulf of Alaska.
The proposed project is located in a busy industrial area (Figure 3
of the City's application). Channel Side Services' seafood packing
facility is located approximately 25 m (82 ft) east of the float and
Petro Marine Services floating fuel dock is located approximately 20 m
(66 ft) west of the float. Pier 1, the Alaska Marine Highway Ferry
dock, is located 100 m (328 ft) southwest of the float and Trident
Seafood's shore-based seafood processing plant is located approximately
175 m (574 ft) to the southwest (See Figure 3 in the City's
application). When in operation, Trident's plant receives numerous
commercial fishing vessels daily for offloading and processing of
catch.
Detailed Description of Activities
The proposed action for this IHA request includes in-water
construction, including the removal of the existing timber float and
its associated steel piles (19 12-inch steel piles), and installation
of the replacement float and steel piles (12 24-inch steel piles). The
replacement float will be located within nearly the same footprint as
the existing facility; however, the overall float length will be
shortened to improve all around accessibility within City right-of-way
limits. The proposed transient float project will require an estimated
57 hours over 12 days total of pile extraction and installation,
including approximately eight hours of vibratory extraction and
installation, 48 hours of down-hole drilling, and less than one hour of
impact hammering. In water construction activities are expected to
occur over 2.5 months.
While work is conducted in the water, anchored barges would be used
to stage construction materials and equipment. The existing piles,
fixed pier, float and gangway will be removed and disposed of properly
and the new float will be installed.
It is estimated that it will take 10 minutes of vibratory pile-
driving and four hours of down-hole drilling per pile for installation,
and 20 minutes of vibratory pile-driving per pile for extraction. For
the installation of 12 piles, this is an estimated two hours of total
time using active vibratory equipment and 48 hours of total time using
down-hole drilling. For the in-water extraction of 19 piles, this is an
estimated 6.33 hours of total time using active vibratory equipment.
Two piles would remain in place, and two piles to be removed are above
the high tide line. No temporary piles are associated with this
project.
The 24-inch steel piles will be driven 3-4.6 m (10-15 ft) through
sediment and drilled another 3 m (10 ft) into bedrock. The sequence for
installing the 24-inch piles will begin with insertion through
overlying sediment with a vibratory hammer for about eight minutes per
pile. Next, a hole will be drilled in the underlying bedrock by using a
down-hole drill. A down-hole drill is a drill bit that drills through
the sediment and a pulse mechanism that functions at the bottom of the
hole, using a pulsing bit to break up the harder materials or rock to
allow removal of the fragments and insertion of the pile. The head
extends so that the drilling takes place below the pile. Drill cuttings
are expelled from the top of the pile as dust or mud. It is estimated
that drilling piles through the layered bedrock will take about four
hours per pile. Finally, the vibratory hammer will be used again to
finish driving the piles into bedrock, for approximately two minutes
per pile (Table 1).
Although impact pile-driving is not expected for this project, the
contractor may choose to impact proof the piles after down-hole
drilling. In this case, two to five blows of an impact hammer would be
used to confirm that piles are
[[Page 79352]]
set into bedrock, for an expected maximum time of three minutes of
impact hammering per pile. When the impact hammer is employed for
proofing, a pile cap or cushion will be placed between the impact
hammer and the pile.
Table 1--Estimated Number of Hours Proposed for Pile Extraction and Installation
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Vibratory hammer Down-hole drill Impact hammer
Number of -----------------------------------------------------------------------
Pile type, location, method piles Number of Number of Number of
piles Hours piles Hours piles Hours
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12-inch Steel Existing Float Extraction................... 19 19 6.33 0 0 0 0
24-inch Steel Replacement Float Installation.............. 12 12 2 12 48 12 0.6
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Total hours in-water.................................. .......... .......... 8.33 .......... 48 .......... 0.6
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Description of Marine Mammals in the Area of the Specified Activity
Marine waters near Kodiak Island support many species of marine
mammals, including pinnipeds and cetaceans; however, the number of
species regularly occurring near the project area is limited. Steller
sea lions (Eumatopias jubatus) are the most common marine mammals in
the project area and are part of the western Distinct Population
Segment (wDPS) that is listed as endangered under the Endangered
Species Act (ESA). Harbor seals (Phoca vitulina), harbor porpoises
(Phocoena phocoena), Dall's porpoise (Phocoenoides dalli), killer
whales (Orcinus orca), and humpback whales (Megaptera novaeangliae) may
also occur in the project area, especially in the waters between Near
Island Channel and Woody Island, but far less frequently and in lower
abundance than Steller sea lions. Fin whales (Balaenoptera physalus)
and grey whales (Eschrichtius robustus) occur in the nearshore waters
around Kodiak Island, but are not expected to be found near the project
area because of the narrow channel and high level of boat traffic. The
relatively large numbers of Steller sea lions in the area may serve as
an additional deterrent for some marine mammals. Table 2 provides
information about the species that are potentially present in the
project area. This notice of proposed authorization assesses the
potential impacts to Steller sea lion, harbor seal, harbor porpoise,
Dall's porpoise, killer whale, and humpback whale, which are the
species that regularly occur or that may occur in the project area.
In the species accounts provided here, we offer a brief
introduction to the species and relevant stock as well as available
information regarding population trends and threats, and describe any
information regarding local occurrence.
Table 2--Marine Mammal Species Potentially Present in the Project Area
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ESA/ MMPA Stock abundance
status; (CV, Nmin, most Relative
Species Stock strategic (Y/N) recent abundance PBR \3\ occurrence in
\1\ survey) \2\ Kodiak
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Phocoenidae (porpoises)
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Dall's porpoise...... Alaska............. -: N 83,400 (0.097; n/a; Undet Rare.
1993).
Harbor porpoise...... Gulf of Alaska..... -: S 31,046 (n/a; n/a; Undet Common.
2010).
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae (dolphins)
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Killer whale......... Eastern North -: N 2,347 (n/a; 2,347; 23.4 Common.
Pacific Alaska 2012).
Resident.
Eastern North -: N 587 (n/a; 587; 5.9 Common.
Pacific Gulf of 2012).
AK, Aleutian
Islands, and
Bering Sea
Transient.
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Balaenopteridae
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Humpback whale....... Central North n/a \4\; S 10,103 (0.300; 83 Rare.
Pacific. 7,890; 2006).
Western North n/a \4\; S 1,107 (0.300; 865; 3 Rare.
Pacific. 2006).
Fin whale............ Northeast Pacific.. E/D; S n/a (n/a; n/a; undet Rare.
2010).
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Eschrichtiidae
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Grey whale........... Eastern North -:N 20,990 (0.05; 624 Rare.
Pacific. 20,125; 2011).
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Order Carnivora--Superfamily Pinnipedia
Family Otariidae (eared seals and sea lions)
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Steller sea lion..... wDPS............... E/D; S 49,497 (n/a; 297 Common.
49,497; 2014).
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Order Carnivora--Superfamily Pinnipedia
Family Phocidae (earless seals)
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Harbor seal.......... South Kodiak....... -; N 19,199 (n/a; 314 Common.
17,479; 2011).
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\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species
is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one
for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be
declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not
applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often
pups) ashore multiplied by some correction factor derived from knowledge of the species' (or similar species')
life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the
minimum abundance may represent actual counts of all animals ashore.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural
mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population size (OSP).
\4\ The newly defined DPSs do not currently align with the stocks under the MMPA.
Cetaceans
Harbor Porpoise
The harbor porpoise inhabits temporal, subarctic, and arctic
waters. In the eastern North Pacific, harbor porpoises range from Point
Barrow, Alaska, to Point Conception, California. Harbor porpoise
primarily frequent coastal waters and occur most frequently in waters
less than 100 m deep (Hobbs and Waite 2010). They may occasionally be
found in deeper offshore waters.
In Alaska, harbor porpoises are currently divided into three
stocks, based primarily on geography. These are the Bering Sea stock,
the Southeast Alaska stock, and the Gulf of Alaska stock (Allen and
Angliss 2015). Only the Gulf of Alaska stock is considered in this
application because the other stocks are not found in the geographic
area under consideration.
Harbor porpoises are neither designated as depleted under the MMPA
nor listed as threatened or endangered under the ESA. Because the most
recent abundance estimate is 14 years old and information on incidental
harbor porpoise mortality in commercial fisheries is not well
understood, the Gulf of Alaska stock of harbor porpoise is classified
as strategic. Population trends and status of this stock relative to
optimum sustainable population size are currently unknown with an
undetermined PBR. The Gulf of Alaska stock is currently estimated at
31,046 individuals (Allen and Angliss 2015). No reliable information is
available to determine trends in abundance.
According to the online database Ocean Biogeographic Information
System, Spatial Ecological Analysis of Megavertebrate Populations
(OBIS-SEAMAP), West Coast populations have more restricted movements
and do not migrate as much as East Coast populations. Most harbor
porpoise groups are small, generally consisting of less than five
individuals (Halpin 2009 at OBIS-SEAMAP 2016). Harbor porpoise in
Southeast Alaska are usually found in groups of one or two individuals
(Dahlheim 2009, 2015).
Harbor porpoises commonly frequent Kodiak's nearshore waters, but
are rarely if ever noted in the Kodiak channel (K. Wynne, pers. comm.).
Harbor porpoises are expected to be encountered rarely in the project
area. During the Kodiak ferry terminal reconstruction project, six
sightings of singles or pairs of harbor porpoise were seen during 110
days of monitoring (ABR 2016).
Dall's Porpoise
Dall's porpoise are widely distributed in the North Pacific Ocean,
usually in deep oceanic waters (>2,500 m) or over the continental shelf
or along slopes (Muto et al., 2015). They are present throughout the
entire year. The stock structure of eastern North Pacific Dall's
porpoise is not adequately understood at this time; therefore, only one
stock is recognized in Alaskan waters: The Alaska stock (Muto et al.,
2015).
The Alaska stock of Dall's porpoise has an abundance estimate of
83,400 individuals based on surveys from the early 1990s. However, this
data is unreliable because it is over eight years old. Information on
PBR and population trends are not currently available (Muto et al.,
2015). Dall's porpoise are not designated as depleted or classified as
strategic under the MMPA, nor are they listed under the ESA (Muto et
al., 2015). The main threat to this species is habitat modification
from climate change and urban/industrial development (Muto et al.,
2015). Average group size for Dall's porpoise in Southeast Alaska is
three individuals (Dahlheim 2009). The OBIS SEAMAP Web site states that
this species forms small groups of between two and 12 individuals
(Halpin 2009 at OBIS-SEAMAP 2016).
Dall's porpoise are considered uncommon in the action area, except
in the narrow channel between Woody Island and Near Island Channel
where the waters may be deeper. No Dall's porpoise were observed in the
Near Island Channel during a recent project at the nearby Kodiak ferry
terminal over 110 days of monitoring (ABR 2016).
Killer Whale
Killer whales have been observed in all oceans and seas of the
world, but the highest densities occur in colder and more productive
waters found at high latitudes (Muto et al., 2015). Killer whales are
found throughout the North Pacific, and occur along the entire Alaska
coast, in British Columbia and Washington inland waterways, and
[[Page 79354]]
along the outer coasts of Washington, Oregon, and California (Muto et
al., 2015).
Based on data regarding association patterns, acoustics, movements,
and genetic differences, eight killer whale stocks are now recognized
within the Pacific U.S. Exclusive Economic Zone, seven of which occur
in Alaska: (1) The Alaska Resident stock; (2) the Northern Resident
stock; (3) the Southern Resident stock; (4) the Gulf of Alaska,
Aleutian Islands, and Bering Sea Transient stock; (5) the AT1 Transient
stock; (6) the West Coast transient stock, occurring from California
through southeastern Alaska; and (7) the Offshore stock. Only the
Alaska Resident stock and the Gulf of Alaska, Aleutian Islands, and
Bering Sea Transient stock are considered in this application because
other stocks occur outside the geographic area under consideration.
The Alaska Resident stock occurs from southeastern Alaska to the
Aleutian Islands and Bering Sea. Although the Gulf of Alaska, Aleutian
Islands, and Bering Sea Transient stock occupies a range that includes
all of the U.S. Exclusive Economic Zone in Alaska, few individuals have
been seen in southeastern Alaska. The transient stock occurs primarily
from Prince William Sound through the Aleutian Islands and Bering Sea.
The Alaska Resident stock of killer whales is currently estimated
at 2,347 individuals, and the estimate of the Gulf of Alaska, Aleutian
Islands, and Bering Sea Transient stock is 587 individuals (Muto et
al., 2015). The abundance estimate for the Alaska Resident stock is
likely underestimated because researchers continue to encounter new
whales in the Gulf of Alaska and western Alaskan waters. At present,
reliable data on trends in population abundance for both stocks are
unavailable.
Transient killer whales are seen periodically in waters of Kodiak
Harbor, with photo-documentation since at least 1993 (Kodiak Seafood
and Marine Science Center 2015). One pod known to visit Kodiak Harbor
includes an adult female and adult male that have distinctive dorsal
fins that make repeated recognition possible. This, as well as their
easy visibility from shore, has led to their ``popularity'' in Kodiak,
where their presence is often announced on public radio. They have been
repeatedly observed and photographed attacking Steller sea lions.
The Kodiak killer whales appear to specialize in preying on Steller
sea lions commonly found near Kodiak's processing plants, fishing
vessels, and docks. This pod kills and consumes at least four to six
Steller sea lions per year from the Kodiak harbor area, primarily from
February through May (Kodiak Seafood and Marine Science Center 2015,
Wynne 2015b). Four pods, ranging from three to seven individuals, were
observed during the Kodiak Ferry terminal reconstruction project over
110 days of monitoring, with animals staying between five minutes and
five hours (ABR 2016). Further information on the biology and local
distribution of these species can be found in the City's application
available online at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm and the NMFS Marine Mammal Stock Assessment Reports,
which may be found at: http://www.nmfs.noaa.gov/pr/species/.
Humpback Whale
Humpback whales are found worldwide in all ocean basins. In winter,
most humpback whales occur in the subtropical and tropical waters of
the Northern and Southern Hemispheres (Muto et al., 2015). These
wintering grounds are used for mating, giving birth, and nursing new
calves. Humpback whales migrate nearly 3,000 mi (4,830 km) from their
winter breeding grounds to their summer foraging grounds in Alaska.
There are five stocks of humpback whales, two of which occur in
Alaska: The Central North Pacific Stock, which consists of winter/
spring populations in the Hawaiian Islands which migrate primarily to
northern British Columbia/Southeast Alaska, the Gulf of Alaska, and the
Bering Sea/Aleutian Islands; and the Western North Pacific stock, which
consists of winter/spring populations off Asia which migrate primarily
to Russia and the Bering Sea/Aleutian Islands (Muto et al., 2015). The
Western North Pacific stock is found in coastal and inland waters
around the Pacific Rim from Point Conception, California, north to the
Gulf of Alaska and the Bering Sea, and west along the Aleutian Islands
to the Kamchatka Peninsula and into the Sea of Okhotsk and north of the
Bering Strait, which are historical feeding grounds (Muto et al.,
2015). Information from a variety of sources indicates that humpback
whales from the Western and Central North Pacific stocks mix to a
limited extent on summer feeding grounds ranging from British Columbia
through the central Gulf of Alaska and up to the Bering Sea (Muto et
al., 2015).
The current abundance estimate for the Central North Pacific stock
is 10,103 animals, with PBR at 83 animals, and it is considered a
strategic stock (Muto et al., 2015). The current abundance estimate for
the Western North Pacific stock is 1,107 animals, with PBR at 3
animals, and it is also considered a strategic stock (Muto et al.,
2015).
In the Gulf of Alaska, high densities of humpback whales are found
in the Shumagin Islands, south and east of Kodiak Island, and from the
Barren Islands through Prince William Sound. Although densities in any
particular location are not high, humpback whales are also found in
deep waters south of the continental shelf from the eastern Aleutians
through the Gulf of Alaska.
Humpback whales were listed as endangered under the Endangered
Species Conservation Act (ESCA) in June 1970. In 1973, the ESA replaced
the ESCA, and humpbacks continued to be listed as endangered. NMFS
recently evaluated the status of the species, and on September 8, 2016,
NMFS divided the species into 14 distinct population segments (DPS),
removed the current species-level listing, and in its place listed four
DPSs as endangered and one DPS as threatened (NMFS 2016b, 81 FR 62259).
The remaining nine DPSs were not listed. There are three DPSs that may
occur in the action area: The Mexico DPS, the Hawaii DPS, and the
Western North Pacific (WNP) DPS. The Hawaii DPS of humpback whales is
not listed under the ESA, the Mexico DPS is listed as threatened, and
the WNP DPS is listed as endangered (NMFS 2016b, 81 FR 62259). Because
this rule resulted in the designation of DPSs in the North Pacific, a
parallel revision of MMPA population structure in the North Pacific is
currently being considered.
Of the humpback whales found in Alaska, it is estimated that 89
percent are from the Hawaii DPS, 10.5 percent are from the Mexico DPS,
and 0.5 percent are from the WNP DPS (Wade et al., 2016). The current
abundance estimate for the Hawaii DPS is 11,398 individuals and is
thought to be increasing with a population trend estimate of 5.5-6
percent (NMFS 2016b; 81 FR 62259). The current abundance estimate for
the Mexico DPS is 3,264 individuals and the population trend is unknown
(NMFS 2016b; 81 FR 62259). The current abundance estimate for the
Western North Pacific DPS is 1,059 individuals, with an unknown trend
(NMFS 2016b; 81 FR 62259).
Humpback whales are rarely seen in the action area, but occur in
nearshore waters around Kodiak Island. One humpback whale was observed
in Near Island Channel on one occasion in March 2016 during the Kodiak
ferry terminal reconstruction project over 110 days of monitoring (ABR
2016).
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Humpbacks may also be present in the channel between Woody Island and
Near Island Channel where a narrow band may be ensonified from
construction activities.
Pinnipeds
Steller Sea Lion
The Steller sea lion is the largest of the eared seals. Steller sea
lion populations that primarily occur west of 144[deg] W (Cape
Suckling, Alaska) comprise the western Distinct Population Segment
(wDPS). Only the wDPS is considered in this application because the
eastern DPS (eDPS) occurs outside the geographic area under
consideration. Steller sea lions were listed as threatened range-wide
under the ESA on 26 November 1990 (55 FR 49204). Steller sea lions were
subsequently partitioned into the western and eastern DPSs in 1997
(Allen and Angliss 2010), with the wDPS being listed as endangered
under the ESA and the eDPS remaining classified as threatened (62 FR
24345) until it was delisted in November 2013.
The range of the Steller sea lion includes the North Pacific Ocean
rim from California to northern Japan. Steller sea lions forage in
nearshore and pelagic waters where they are opportunistic predators.
They feed primarily on a wide variety of fishes and cephalopods.
Steller sea lions use terrestrial haulout sites to rest and take
refuge. They also gather on well-defined, traditionally used rookeries
to pup and breed. These habitats are typically gravel, rocky, or sand
beaches; ledges; or rocky reefs (Allen and Angliss 2013).
The wDPS of Steller sea lions declined approximately 75 percent
from 1976 to 1990. Factors that may have contributed to this decline
include (1) incidental take in fisheries, (2) legal and illegal
shooting, (3) predation, (4) contaminants, (5) disease, and (6) climate
change. Non-pup Steller sea lion counts at trend sites in the wDPS
increased 11 percent during 2000-2004. These counts were the first
region-wide increases for the wDPS since standardized surveys began in
the 1970s, and were due to increased or stable counts in all regions
except the western Aleutian Islands. During 2004-2008, western Alaska
non-pup counts increased only three percent; eastern Gulf of Alaska
(Prince William Sound area) counts were higher; counts from the Kenai
Peninsula through Kiska Island, including Kodiak Island, were stable;
and western Aleutian counts continued to decline (Allen and Angliss
2010). Steller sea lions have a worldwide population estimated at
120,000 to 140,000 animals, with approximately 93,000 in Alaska. The
most recent comprehensive estimate for abundance of the wDPS in Alaska
is 49,497 sea lions, based on aerial and land-based surveys conducted
in 2013-2014 (Muto et al., 2015). Steller sea lions are the most
obvious and abundant marine mammals in the project area.
On 27 August 1993, NMFS published a final rule designating critical
habitat for the Steller sea lion as a 20 nautical mile (nmi) buffer
around all major haul-outs and rookeries, as well as associated
terrestrial, air and aquatic zones, and three large offshore foraging
areas (NMFS 1993; 50 CFR 226.202). The major natural Steller sea lion
haulouts closest to the project area are located on Long Island and
Cape Chiniak, which are approximately 4.6 nmi (8.5 kilometers (km)) and
13.8 nmi (25.6 km) away from the project site, respectively. Annual
counts averaged 33 animals on Long Island from 2008 through 2010, and
119 animals at Cape Chiniak during the same time period (Table 4-1 in
the City's application). The closest rookery is located on Marmot
Island, approximately 30 nmi (55.5 km) from the project site, which had
average annual counts of 656 animals from 2008 through 2010 (as cited
in NMFS 2013). Critical habitat is associated with breeding and haulout
areas in Alaska, California, and Oregon (NMFS 1993).
Many individual sea lions have become habituated to human activity
in the Kodiak harbor area and utilize a man-made haulout float called
Dog Bay float located in St. Herman Harbor, about 1,300 m (4,300 feet)
from the project site (See Figure 1-2; Figure 3-1 in the application).
A section from an old floating breakwater, the float was relocated to
Dog Bay in the year 2000 and was intended to serve as a dedicated sea
lion haulout. It serves its purpose of reducing sea lion-human
conflicts in Kodiak's docks and harbors by providing an undisturbed
haulout location and reducing the numbers of sea lions that haul out on
vessel moorage floats. However, the float is not a federally recognized
haulout and is not considered part of sea lion critical habitat.
Counts of sea lions hauled out on the Dog Bay float may provide an
index of the number of Steller sea lions in the harbor area. Because
this float is not considered an official haulout by NMFS, few
standardized surveys to count sea lions have been conducted (Wynne
2015a). Surveys from 2004 through 2006 indicated peak winter (October-
April) counts ranging from 27 to 33 animals (Wynne et al., 2011).
Counts from February 2015 during a site visit by biologists for the
Pier 1 Kodiak Ferry Terminal and Dock Improvements Project ranged from
approximately 28 to 45 sea lions on the float. More than 100 sea lions
were counted on the Dog Bay float at times in spring 2015, although the
mean number was much smaller (Wynne 2015b).
Abundant and predictable sources of food for sea lions in the
Kodiak area include fishing gear, fishing boats and tenders, and the
many seafood processing facilities that accept transfers of fish from
offloading vessels. Sea lions have become accustomed to depredating
fishing gear and raiding fishing vessels during fishing and offloading
and they follow potential sources of food around the harbors and docks,
waiting for opportunities to feed. When vessels are offloading fish at
the docks of processing facilities, the sea lions rear out of the water
to look over the gunnels for fish on the deck; if the vessel is a stern
trawler, they charge up the stern ramp or codend to gain access to the
deck (Speckman 2015; Ward 2015; Wynne 2015a).
The number of sea lions in the immediate project area varies
depending on the season and presence of commercial fishing vessels
unloading their catch at the seafood processing plant dock immediately
adjacent to Pier 1, approximately 100 m from the transient float.
During the February 2015 Pier 1 site visit by HDR biologists, from zero
up to about 25 sea lions were seen at one time in the Pier 1 project
area. About 22 of those sea lions were subadults that were clearly
foraging on schooling fishes in the area and were not interacting with
the fishing vessels offloading at the seafood processing plant at the
time. A stern trawler offloading at the processing plant dock during
this period was attended by three mature bull sea lions, which
constantly swam back and forth behind the stern watching for an
opportunity to gain access.
At least four other seafood processing facilities are present in
Kodiak and operate concurrently with the one located next to Pier 1.
All are visited by sea lions looking for food, and all are successfully
raided by sea lions with regularity (Wynne 2015a). Sea lions also
follow and raid fishing vessels. The seafood processing facility
adjacent to the Pier 1 project site is therefore not the only source of
food for Kodiak sea lions that inhabit the harbor area. Furthermore,
sea lions in a more ``natural'' situation do not generally eat every
day, but tend to forage every 1-2 days and return to haulouts to rest
between foraging trips (Merrick and
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Loughlin 1997; Rehburg et al. 2009). Based on numbers at the Dog Bay
float and sea lion behavior, it is estimated that about 40 unique
individual sea lions likely pass by the project site each day (Speckman
2015; Ward 2015; Wynne 2015a). Sea lions in the Kodiak harbor area are
habituated to fishing vessels and are skilled at gaining access to
fish. It is likely that some of the same animals follow local vessels
to the nearby fishing grounds and back to town. It is also likely that
hearing-impaired or deaf sea lions are among the sea lions that attend
the seafood processing facilities. It is not known how a hearing-
impaired or deaf sea lion would respond to typical mitigation efforts
at a construction site such as ramping up of pile-driving equipment. It
is also unknown whether a hearing-impaired or deaf sea lion would avoid
pile-driving activity, or whether such an animal might approach
closely, without responding to or being impacted by the noise level.
Harbor Seal
Harbor seals range from Baja California north along the west coasts
of Washington, Oregon, California, British Columbia, and Southeast
Alaska; west through the Gulf of Alaska, Prince William Sound, and the
Aleutian Islands; and north in the Bering Sea to Cape Newenham and the
Pribilof Islands. Distribution of the South Kodiak stock extends from
East Cape (northeast coast of Kodiak Island) south to South Cape
(Chirikof Island), including Tugidak Island, and up the southwest coast
of Kodiak Island to Middle Cape.
In 2010, harbor seals in Alaska were partitioned into 12 separate
stocks based largely on genetic structure (Allen and Angliss 2010).
Only the South Kodiak stock is considered in this application because
other stocks occur outside the geographic area under consideration.
The current statewide abundance estimate for Alaskan harbor seals
is 205,090, based on aerial survey data collected during 1998-2011
(Muto et al., 2015). The abundance estimate for the South Kodiak stock
is 19,199 (Muto et al., 2015). Harbor seals have declined dramatically
in some parts of their range over the past few decades, while in other
parts their numbers have increased or remained stable over similar time
periods.
A significant portion of the harbor seal population within the
South Kodiak stock is located at and around Tugidak Island off the
southwest of Kodiak Island. Sharp declines in the number of seals
present on Tugidak were observed between 1976 and 1998. Although the
number of seals on Tugidak Island has stabilized and shows some
evidence of increase since the decline, the population in 2000 remained
reduced by 80 percent compared to the levels in the 1970s (Jemison et
al., 2006). The current population trend for this stock is unknown.
Harbor seals haul out on rocks, reefs, beaches, and drifting
glacial ice (Allen and Angliss 2014). They are non-migratory; their
local movements are associated with tides, weather, season, food
availability, and reproduction, as well as sex and age class (Allen and
Angliss 2014; Boveng et al., 2012; Lowry et al., 2001; Swain et al.,
1996).
Although the number of harbor seals on eastern Kodiak haulouts has
been increasing steadily since the early 1990s (Kodiak Seafood and
Marine Science Center 2015), sightings are rare in the project area.
Several harbor seals tagged at Uganik Bay (Northwest Kodiak Island)
dispersed as far north as Anchorage and as far south as Chignik, but
none were found near Kodiak (Kodiak Seafood and Marine Science Center
2015). Harbor seals are expected to be encountered occasionally in the
project area. Harbor seals were occasionally observed during the Kodiak
ferry terminal reconstruction project, with one seen in January 2016
and three observed in March 2016 (ABR 2016).
Potential Effects of the Specified Activity on Marine Mammals and Their
Habitat
This section includes a summary and discussion of the ways that
components, (e.g., pile driving,) of the specified activity, including
mitigation may impact marine mammals and their habitat. 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, and the Proposed
Mitigation 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. In the following discussion, we provide general background
information on sound and marine mammal hearing before considering
potential effects to marine mammals from sound produced by pile
extraction, vibratory pile driving, impact pile driving, and down-hole
drilling.
Description of Sound Sources
Sound travels in waves, the basic components of which are
frequency, wavelength, velocity, and amplitude. Frequency is the number
of pressure waves that pass by a reference point per unit of time and
is measured in hertz (Hz) or cycles per second. Wavelength is the
distance between two peaks of a sound wave; lower frequency sounds have
longer wavelengths than higher frequency sounds and attenuate
(decrease) more rapidly in shallower water. Amplitude is the height of
the sound pressure wave or the `loudness' of a sound and is typically
measured using the decibel (dB) scale. A dB is the ratio between a
measured pressure (with sound) and a reference pressure (sound at a
constant pressure, established by scientific standards). It is a
logarithmic unit that accounts for large variations in amplitude;
therefore, relatively small changes in dB ratings correspond to large
changes in sound pressure. When referring to sound pressure levels
(SPLs; the sound force per unit area), sound is referenced in the
context of underwater sound pressure to 1 microPascal ([mu]Pa). One
pascal is the pressure resulting from a force of one newton exerted
over an area of one square meter. The source level (SL) represents the
sound level at a distance of 1 m from the source (referenced to 1
[mu]Pa). The received level is the sound level at the listener's
position. Note that all underwater sound levels in this document are
referenced to a pressure of 1 [micro]Pa and all airborne sound levels
in this document are referenced to a pressure of 20 [micro]Pa.
Root mean square (rms) is the quadratic mean sound pressure over
the duration of an impulse. Rms is calculated by squaring all of the
sound amplitudes, averaging the squares, and then taking the square
root of the average (Urick 1983). Rms accounts for both positive and
negative values; squaring the pressures makes all values positive so
that they may be accounted for in the summation of pressure levels
(Hastings and Popper, 2005). This measurement is often used in the
context of discussing behavioral effects, in part because behavioral
effects, which often result from auditory cues, may be better expressed
through averaged units than by peak pressures.
When underwater objects vibrate or activity occurs, sound-pressure
waves are created. These waves alternately compress and decompress the
water as the sound wave travels. Underwater sound waves radiate in all
directions
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away from the source (similar to ripples on the surface of a pond),
except in cases where the source is directional. The compressions and
decompressions associated with sound waves are detected as changes in
pressure by aquatic life and man-made sound receptors such as
hydrophones.
Even in the absence of sound from the specified activity, the
underwater environment is typically loud due to ambient sound. Ambient
sound is defined as environmental background sound levels lacking a
single source or point (Richardson et al., 1995), and the sound level
of a region is defined by the total acoustical energy being generated
by known and unknown sources. These sources may include physical (e.g.,
waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds
produced by marine mammals, fish, and invertebrates), and anthropogenic
sound (e.g., vessels, dredging, aircraft, construction). A number of
sources contribute to ambient sound, including the following
(Richardson et al., 1995):
Wind and waves: The complex interactions between wind and
water surface, including processes such as breaking waves and wave-
induced bubble oscillations and cavitation, are a main source of
naturally occurring ambient noise for frequencies between 200 Hz and 50
kHz (Mitson 1995). In general, ambient sound levels tend to increase
with increasing wind speed and wave height. Surf noise becomes
important near shore, with measurements collected at a distance of 8.5
km from shore showing an increase of 10 dB in the 100 to 700 Hz band
during heavy surf conditions.
Precipitation: Sound from rain and hail impacting the
water surface can become an important component of total noise at
frequencies above 500 Hz, and possibly down to 100 Hz during quiet
times.
Biological: Marine mammals can contribute significantly to
ambient noise levels, as can some fish and shrimp. The frequency band
for biological contributions is from approximately 12 Hz to over 100
kHz.
Anthropogenic: Sources of ambient noise related to human
activity include transportation (surface vessels and aircraft),
dredging and construction, oil and gas drilling and production, seismic
surveys, sonar, explosions, and ocean acoustic studies. Shipping noise
typically dominates the total ambient noise for frequencies between 20
and 300 Hz. In general, the frequencies of anthropogenic sounds are
below 1 kHz and, if higher frequency sound levels are created, they
attenuate rapidly (Richardson et al., 1995). Sound from identifiable
anthropogenic sources other than the activity of interest (e.g., a
passing vessel) is sometimes termed background sound, as opposed to
ambient sound.
The sum of the various natural and anthropogenic sound sources at
any given location and time--which comprise ``ambient'' or
``background'' sound--depends not only on the source levels (as
determined by current weather conditions and levels of biological and
shipping activity) but also on the ability of sound to propagate
through the environment. In turn, sound propagation is dependent on the
spatially and temporally varying properties of the water column and sea
floor, and is frequency-dependent. As a result of the dependence on a
large number of varying factors, ambient sound levels can be expected
to vary widely over both coarse and fine spatial and temporal scales.
Sound levels at a given frequency and location can vary by 10-20 dB
from day to day (Richardson et al., 1995). The result is that,
depending on the source type and its intensity, sound from the
specified activity may be a negligible addition to the local
environment or could form a distinctive signal that may affect marine
mammals.
The underwater acoustic environment at the ferry terminal is likely
to be dominated by noise from day-to-day port and vessel activities.
This is a highly industrialized area with high-use from small- to
medium-sized vessels, and larger vessel that use the nearby major
shipping channel. Ambient underwater sound was measured in Near Island
Channel, approximately 100 m southwest and 900 m northeast of the
Transient Float, in March 2016 during construction of the Pier 1 Kodiak
Ferry Terminal and Dock Improvements Project. Measurements recorded
highly variable sound pressure levels (SPLs), ranging from
approximately 80 to 140 decibels referenced to one microPascal (dB re 1
[mu]Pa). Peaks ranging from approximately 130 to 140 dB re 1 [mu]Pa
were produced by vessels passing near acoustic recorders (Warner and
Austin 2016).
In-water construction activities associated with the project would
include impact pile driving, vibratory pile driving and extraction, and
down-hole drilling. The sounds produced by these activities fall into
one of two general sound types: Pulsed and non-pulsed (defined in the
following paragraphs). The distinction between these two sound types is
important because they have differing potential to cause physical
effects, particularly with regard to hearing (e.g., Ward, 1997 in
Southall et al., 2007). Please see Southall et al., (2007) for an in-
depth discussion of these concepts.
Pulsed sound sources (e.g., explosions, gunshots, sonic booms,
impact pile driving) produce signals that are brief (typically
considered to be less than one second), broadband, atonal transients
(ANSI, 1986; Harris, 1998; NIOSH, 1998; ISO, 2003; ANSI, 2005) and
occur either as isolated events or repeated in some succession. Pulsed
sounds are all characterized by a relatively rapid rise from ambient
pressure to a maximal pressure value followed by a rapid decay period
that may include a period of diminishing, oscillating maximal and
minimal pressures, and generally have an increased capacity to induce
physical injury as compared with sounds that lack these features.
Non-pulsed sounds can be tonal, narrowband, or broadband, brief or
prolonged, and may be either continuous or non-continuous (ANSI, 1995;
NIOSH, 1998). Some of these non-pulsed sounds can be transient signals
of short duration but without the essential properties of pulses (e.g.,
rapid rise time). Examples of non-pulsed sounds include those produced
by vessels, aircraft, machinery operations such as drilling or
dredging, vibratory pile driving, and active sonar systems (such as
those used by the U.S. Navy). The duration of such sounds, as received
at a distance, can be greatly extended in a highly reverberant
environment.
Impact hammers operate by repeatedly dropping a heavy piston onto a
pile to drive the pile into the substrate. Sound generated by impact
hammers is characterized by rapid rise times and high peak levels, a
potentially injurious combination (Hastings and Popper, 2005).
Vibratory hammers install piles by vibrating them and allowing the
weight of the hammer to push them into the sediment. Vibratory hammers
produce significantly less sound than impact hammers. Peak SPLs may be
180 dB or greater, but are generally 10 to 20 dB lower than SPLs
generated during impact pile driving of the same-sized pile (Oestman et
al., 2009). Rise time is slower, reducing the probability and severity
of injury, and sound energy is distributed over a greater amount of
time (Nedwell and Edwards, 2002; Carlson et al., 2005). Down-hole
drilling uses a drill bit that drills through the sediment and a pulse
mechanism that functions at the bottom of the hole, using a pulsing bit
to break up the harder materials or rock to allow removal of the
fragments and insertion of the pile. The head extends so that the
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drilling takes place below the pile. Drilling is considered a
continuous noise source, and has similar SPLs as vibratory driving.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals,
and exposure to sound can have deleterious effects. To appropriately
assess these potential effects, it is necessary to understand the
frequency ranges marine mammals are able to hear. Current data indicate
that not all marine mammal species have equal hearing capabilities
(e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; Au and
Hastings, 2008). To reflect this, Southall et al., (2007) recommended
that marine mammals be divided into functional hearing groups based on
measured or estimated hearing ranges on the basis of available
behavioral data, audiograms derived using auditory evoked potential
techniques, anatomical modeling, and other data. The lower and/or upper
frequencies for some of these functional hearing groups have been
modified by NMFS from those designated by Southall et al., (2007) as
new information has become available. The functional groups and the
associated frequencies are indicated below (note that these frequency
ranges do not necessarily correspond to the range of best hearing,
which varies by species):
Low frequency cetaceans (13 species of mysticetes):
Functional hearing is estimated to occur between approximately 7 Hz and
25 kHz (up to 30 kHz in some species), with best hearing estimated to
be from 100 Hz to 8 kHz (Watkins, 1986; Ketten, 1998; Houser et al.,
2001; Au et al., 2006; Lucifredi and Stein, 2007; Ketten et al., 2007;
Parks et al., 2007a; Ketten and Mountain, 2009; Tubelli et al., 2012);
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 with best hearing from 10 to less than
100 kHz (Johnson, 1967; White, 1977; Richardson et al., 1995; Szymanski
et al., 1999; Kastelein et al., 2003; Finneran et al., 2005a, 2009;
Nachtigall et al., 2005, 2008; Yuen et al., 2005; Popov et al., 2007;
Au and Hastings, 2008; Houser et al., 2008; Pacini et al., 2010, 2011;
Schlundt et al., 2011);
High frequency cetaceans (eight species of true porpoises,
six species of river dolphins, and members of the genera Kogia and
Cephalorhynchus; now considered to include two members of the genus
Lagenorhynchus on the basis of recent echolocation data and genetic
data [May-Collado and Agnarsson, 2006; Kyhn et al. 2009, 2010; Tougaard
et al. 2010]): Functional hearing is estimated to occur between
approximately 200 Hz and 180 kHz (Popov and Supin, 1990a,b; Kastelein
et al., 2002; Popov et al., 2005);
Phocid pinnipeds in Water: Functional hearing is estimated
to occur between approximately 75 Hz and 100 kHz with best hearing
between 1-50 kHz (M[oslash]hl, 1968; Terhune and Ronald, 1971, 1972;
Richardson et al., 1995; Kastak and Schusterman, 1999; Reichmuth, 2008;
Kastelein et al., 2009); and
Otariid pinnipeds in Water: Functional hearing is
estimated to occur between approximately 100 Hz and 48 kHz, with best
hearing between 2-48 kHz (Schusterman et al., 1972; Moore and
Schusterman, 1987; Babushina et al., 1991; Richardson et al., 1995;
Kastak and Schusterman, 1998; Kastelein et al., 2005a; Mulsow and
Reichmuth, 2007; Mulsow et al., 2011a, b).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth et al.,
2013).
As mentioned previously in this document, six marine mammal species
(four cetaceans and two pinnipeds) may occur in the project area. Of
these four cetaceans, one is classified as a low-frequency cetacean
(i.e., humpback whale), one is classified as a mid-frequency cetacean
(i.e., killer whale), and two are classified as a high-frequency
cetaceans (i.e., harbor porpoise and Dall's porpoise) (Southall et al.,
2007). Additionally, harbor seals are classified as members of the
phocid pinnipeds in water functional hearing group while Steller sea
lions are grouped under the Otariid pinnipeds in water functional
hearing group. A species' functional hearing group is a consideration
when we analyze the effects of exposure to sound on marine mammals.
Marine mammal hearing groups were also used in the establishment of
marine mammal auditory weighting functions in the new acoustic
guidance.
Acoustic Impacts
Please refer to the information given previously (Description of
Sound Sources) regarding sound, characteristics of sound types, and
metrics used in this document. Anthropogenic sounds cover a broad range
of frequencies and sound levels and can have a range of highly variable
impacts on marine life, from none or minor to potentially severe
responses, depending on received levels, duration of exposure,
behavioral context, and various other factors. The potential effects of
underwater sound from active acoustic sources can potentially result in
one or more of the following: Temporary or permanent hearing
impairment, non-auditory physical or physiological effects, behavioral
disturbance, stress, and masking (Richardson et al., 1995; Gordon et
al., 2004; Nowacek et al., 2007; Southall et al., 2007; Gotz et al.,
2009). The degree of effect is intrinsically related to the signal
characteristics, received level, distance from the source, and duration
of the sound exposure. In general, sudden, high level sounds can cause
hearing loss, as can longer exposures to lower level sounds. Temporary
or permanent loss of hearing will occur almost exclusively for noise
within an animal's hearing range. In this section, we first describe
specific manifestations of acoustic effects before providing discussion
specific to the City's construction activities in the next section.
Permanent Threshold Shift--Marine mammals exposed to high-intensity
sound, or to lower-intensity sound 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, 2005b). TS can be permanent (PTS),
in which case the loss of hearing sensitivity is not fully recoverable,
or temporary (TTS), in which case the animal's hearing threshold would
recover over time (Southall et al., 2007). Repeated sound exposure that
leads to TTS could cause PTS. In severe cases of PTS, there can be
total or partial deafness, while in most cases the animal has an
impaired ability to hear sounds in specific frequency ranges (Kryter,
1985).
When PTS occurs, there is physical damage to the sound receptors in
the ear (i.e., tissue damage), whereas TTS represents primarily tissue
fatigue and is reversible (Southall et al., 2007). In addition, other
investigators have suggested that TTS is within the normal bounds of
physiological variability and tolerance and does not represent physical
injury (e.g., Ward, 1997). Therefore, NMFS does not consider TTS to
constitute auditory injury.
Relationships between TTS and PTS thresholds have not been studied
in marine mammals--PTS data exists only for a single harbor seal
(Kastak et al.,
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2008)--but are assumed to be similar to those in humans and other
terrestrial mammals. PTS typically occurs at exposure levels at least
several decibels above (a 40-dB threshold shift approximates PTS onset;
e.g., Kryter et al., 1966; Miller, 1974) that inducing mild TTS (a 6-dB
threshold shift approximates TTS onset; e.g., Southall et al. 2007).
Based on data from terrestrial mammals, a precautionary assumption is
that the PTS thresholds for impulse sounds (such as impact pile driving
pulses as received close to the source) are at least six dB higher than
the TTS threshold on a peak-pressure basis and PTS cumulative sound
exposure level thresholds are 15 to 20 dB higher than TTS cumulative
sound exposure level thresholds (Southall et al., 2007).
Temporary threshold shift--TTS is the mildest form of hearing
impairment that can occur during exposure to sound (Kryter, 1985).
While experiencing TTS, the hearing threshold rises, and a sound must
be at a higher level in order to be heard. In terrestrial and marine
mammals, TTS can last from minutes or hours to days (in cases of strong
TTS). In many cases, hearing sensitivity recovers rapidly after
exposure to the sound ends. Few data on sound levels and durations
necessary to elicit mild TTS have been obtained for marine mammals, and
none of the data published at the time of this writing concern TTS
elicited by exposure to multiple pulses of sound.
Marine mammal hearing plays a critical role in communication with
conspecifics, and interpretation of environmental cues for purposes
such as predator avoidance and prey capture. Depending on the degree
(elevation of threshold in dB), duration (i.e., recovery time), and
frequency range of TTS, and the context in which it is experienced, TTS
can have effects on marine mammals ranging from discountable to
serious. For example, a marine mammal may be able to readily compensate
for a brief, relatively small amount of TTS in a non-critical frequency
range that occurs during a time where ambient noise is lower and there
are not as many competing sounds present. Alternatively, a larger
amount and longer duration of TTS sustained during time when
communication is critical for successful mother/calf interactions could
have more serious impacts.
Currently, TTS data only exist for four species of cetaceans
(bottlenose dolphin [Tursiops trancatus], beluga whale [Delphinapterus
leucas], harbor porpoise, and Yangtze finless porpoise [Neophocoena
asiaeorientalis]) and three species of pinnipeds (northern elephant
seal [Mirounga angustirostris], harbor seal, and California sea lion
[Zalophus californianus]) exposed to a limited number of sound sources
(i.e., mostly tones and octave-band noise) in laboratory settings
(e.g., Finneran et al., 2002; Nachtigall et al., 2004; Kastak et al.,
2005; Lucke et al., 2009; Popov et al., 2011). In general, harbor seals
(Kastak et al., 2005; Kastelein et al., 2012a) and harbor porpoises
(Lucke et al., 2009; Kastelein et al., 2012b) have a lower TTS onset
than other measured pinniped or cetacean species. Additionally, the
existing marine mammal TTS data come from a limited number of
individuals within these species. There are no data available on noise-
induced hearing loss for mysticetes. For summaries of data on TTS in
marine mammals or for further discussion of TTS onset thresholds,
please see Southall et al. (2007) and Finneran and Jenkins (2012).
Behavioral effects--Behavioral disturbance may include a variety of
effects, including subtle changes in behavior (e.g., minor or brief
avoidance of an area or changes in vocalizations), more conspicuous
changes in similar behavioral activities, and more sustained and/or
potentially severe reactions, such as displacement from or abandonment
of high-quality habitat. Behavioral responses to sound are highly
variable and context-specific and any reactions depend on numerous
intrinsic and extrinsic factors (e.g., species, state of maturity,
experience, current activity, reproductive state, auditory sensitivity,
time of day), as well as the interplay between factors (e.g.,
Richardson et al., 1995; Wartzok et al., 2003; Southall et al., 2007;
Weilgart, 2007; Archer et al., 2010). Behavioral reactions can vary not
only among individuals but also within an individual, depending on
previous experience with a sound source, context, and numerous other
factors (Ellison et al., 2012), and can vary depending on
characteristics associated with the sound source (e.g., whether it is
moving or stationary, number of sources, distance from the source).
Please see Appendices B-C of Southall et al. (2007) for a review of
studies involving marine mammal behavioral responses to sound.
Habituation can occur when an animal's response to a stimulus wanes
with repeated exposure, usually in the absence of unpleasant associated
events (Wartzok et al., 2003). Animals are most likely to habituate to
sounds that are predictable and unvarying. It is important to note that
habituation is appropriately considered as a ``progressive reduction in
response to stimuli that are perceived as neither aversive nor
beneficial,'' rather than as, more generally, moderation in response to
human disturbance (Bejder et al., 2009). The opposite process is
sensitization, when an unpleasant experience leads to subsequent
responses, often in the form of avoidance, at a lower level of
exposure. As noted, behavioral state may affect the type of response.
For example, animals that are resting may show greater behavioral
change in response to disturbing sound levels than animals that are
highly motivated to remain in an area for feeding (Richardson et al.,
1995; NRC, 2003; Wartzok et al., 2003). Controlled experiments with
captive marine mammals have showed pronounced behavioral reactions,
including avoidance of loud sound sources (Ridgway et al., 1997;
Finneran et al., 2003). Observed responses of wild marine mammals to
loud pulsed sound sources (typically seismic airguns or acoustic
harassment devices) have been varied but often consist of avoidance
behavior or other behavioral changes suggesting discomfort (Morton and
Symonds, 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
Available studies show wide variation in response to underwater
sound; therefore, it is difficult to predict specifically how any given
sound in a particular instance might affect marine mammals perceiving
the signal. If a marine mammal does react briefly to an underwater
sound by changing its behavior or moving a small distance, the impacts
of the change are unlikely to be significant to the individual, let
alone the stock or population. However, if a sound source displaces
marine mammals from an important feeding or breeding area for a
prolonged period, impacts on individuals and populations could be
significant (e.g., Lusseau and Bejder 2007; Weilgart 2007; NRC 2005).
However, there are broad categories of potential response, which we
describe in greater detail here, that include alteration of dive
behavior, alteration of foraging behavior, effects to breathing,
interference with or alteration of vocalization, avoidance, and flight.
Changes in dive behavior can vary widely, and may consist of
increased or decreased dive times and surface intervals as well as
changes in the rates of ascent and descent during a dive (e.g., Frankel
and Clark 2000; Costa et al., 2003; Ng and Leung 2003; Nowacek et al.,
2004; Goldbogen et al., 2013a,b). Variations in dive behavior may
reflect interruptions in biologically significant activities (e.g.,
foraging) or they may be of little biological significance. The impact
of an alteration to dive behavior
[[Page 79360]]
resulting from an acoustic exposure depends on what the animal is doing
at the time of the exposure and the type and magnitude of the response.
Disruption of feeding behavior can be difficult to correlate with
anthropogenic sound exposure, so it is usually inferred by observed
displacement from known foraging areas, the appearance of secondary
indicators (e.g., bubble nets or sediment plumes), or changes in dive
behavior. As for other types of behavioral response, the frequency,
duration, and temporal pattern of signal presentation, as well as
differences in species sensitivity, are likely contributing factors to
differences in response in any given circumstance (e.g., Croll et al.,
2001; Nowacek et al., 2004; Madsen et al., 2006; Yazvenko et al.,
2007). A determination of whether foraging disruptions incur fitness
consequences would require information on or estimates of the energetic
requirements of the affected individuals and the relationship between
prey availability, foraging effort and success, and the life history
stage of the animal.
Variations in respiration naturally vary with different behaviors
and alterations to breathing rate as a function of acoustic exposure
can be expected to co-occur with other behavioral reactions, such as a
flight response or an alteration in diving. However, respiration rates
in and of themselves may be representative of annoyance or an acute
stress response. Various studies have shown that respiration rates may
either be unaffected or could increase, depending on the species and
signal characteristics, again highlighting the importance in
understanding species differences in the tolerance of underwater noise
when determining the potential for impacts resulting from anthropogenic
sound exposure (e.g., Kastelein et al., 2001, 2005b, 2006; Gailey et
al., 2007).
Marine mammals vocalize for different purposes and across multiple
modes, such as whistling, echolocation click production, calling, and
singing. Changes in vocalization behavior in response to anthropogenic
noise can occur for any of these modes and may result from a need to
compete with an increase in background noise or may reflect increased
vigilance or a startle response. For example, in the presence of
potentially masking signals, humpback whales and killer whales have
been observed to increase the length of their songs (Miller et al.,
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales
have been observed to shift the frequency content of their calls upward
while reducing the rate of calling in areas of increased anthropogenic
noise (Parks et al., 2007b). In some cases, animals may cease sound
production during production of aversive signals (Bowles et al., 1994).
Avoidance is the displacement of an individual from an area or
migration path as a result of the presence of a sound or other
stressors, and is one of the most obvious manifestations of disturbance
in marine mammals (Richardson et al., 1995). For example, grey whales
are known to change direction--deflecting from customary migratory
paths--in order to avoid noise from seismic surveys (Malme et al.,
1984). Avoidance may be short-term, with animals returning to the area
once the noise has ceased (e.g., Bowles et al., 1994; Goold 1996; Stone
et al., 2000; Morton and Symonds 2002; Gailey et al., 2007). Longer-
term displacement is possible, however, which may lead to changes in
abundance or distribution patterns of the affected species in the
affected region if habituation to the presence of the sound does not
occur (e.g., Blackwell et al., 2004; Bejder et al., 2006; Teilmann et
al., 2006).
A flight response is a dramatic change in normal movement to a
directed and rapid movement away from the perceived location of a sound
source. The flight response differs from other avoidance responses in
the intensity of the response (e.g., directed movement, rate of
travel). Relatively little information on flight responses of marine
mammals to anthropogenic signals exist, although observations of flight
responses to the presence of predators have occurred (Connor and
Heithaus 1996). The result of a flight response could range from brief,
temporary exertion and displacement from the area where the signal
provokes flight to, in extreme cases, marine mammal strandings (Evans
and England 2001). However, it should be noted that response to a
perceived predator does not necessarily invoke flight (Ford and Reeves
2008), and whether individuals are solitary or in groups may influence
the response.
Behavioral disturbance can also impact marine mammals in more
subtle ways. Increased vigilance may result in costs related to
diversion of focus and attention (i.e., when a response consists of
increased vigilance, it may come at the cost of decreased attention to
other critical behaviors such as foraging or resting). These effects
have generally not been demonstrated for marine mammals, but studies
involving fish and terrestrial animals have shown that increased
vigilance may substantially reduce feeding rates (e.g., Beauchamp and
Livoreil 1997; Fritz et al., 2002; Purser and Radford 2011). In
addition, chronic disturbance can cause population declines through
reduction of fitness (e.g., decline in body condition) and subsequent
reduction in reproductive success, survival, or both (e.g., Harrington
and Veitch 1992; Daan et al., 1996; Bradshaw et al., 1998). However,
Ridgway et al. (2006) reported that increased vigilance in bottlenose
dolphins exposed to sound over a five-day period did not cause any
sleep deprivation or stress effects.
Many animals perform vital functions, such as feeding, resting,
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption
of such functions resulting from reactions to stressors such as sound
exposure are more likely to be significant if they last more than one
diel cycle or recur on subsequent days (Southall et al., 2007).
Consequently, a behavioral response lasting less than one day and not
recurring on subsequent days is not considered particularly severe
unless it could directly affect reproduction or survival (Southall et
al., 2007). Note that there is a difference between multi-day
substantive behavioral reactions and multi-day anthropogenic
activities. For example, just because an activity lasts for multiple
days does not necessarily mean that individual animals are either
exposed to activity-related stressors for multiple days or, further,
exposed in a manner resulting in sustained multi-day substantive
behavioral responses.
Stress responses--An animal's perception of a threat may be
sufficient to trigger stress responses consisting of some combination
of behavioral responses, autonomic nervous system responses,
neuroendocrine responses, or immune responses (e.g., Seyle 1950; Moberg
2000). In many cases, an animal's first and sometimes most economical
(in terms of energetic costs) response is behavioral avoidance of the
potential stressor. Autonomic nervous system responses to stress
typically involve changes in heart rate, blood pressure, and
gastrointestinal activity. These responses have a relatively short
duration and may or may not have a significant long-term effect on an
animal's fitness.
Neuroendocrine stress responses often involve the hypothalamus-
pituitary-adrenal system. Virtually all neuroendocrine functions that
are affected by stress--including immune competence, reproduction,
metabolism, and behavior--are regulated by pituitary hormones. Stress-
induced changes in the secretion of pituitary hormones have been
implicated in failed reproduction, altered metabolism, reduced immune
[[Page 79361]]
competence, and behavioral disturbance (e.g., Moberg 1987; Blecha
2000). Increases in the circulation of glucocorticoids are also equated
with stress (Romano et al., 2004).
The primary distinction between stress (which is adaptive and does
not normally place an animal at risk) and ``distress'' is the cost of
the response. During a stress response, an animal uses glycogen stores
that can be quickly replenished once the stress is alleviated. In such
circumstances, the cost of the stress response would not pose serious
fitness consequences. However, when an animal does not have sufficient
energy reserves to satisfy the energetic costs of a stress response,
energy resources must be diverted from other functions. This state of
distress will last until the animal replenishes its energetic reserves
sufficient to restore normal function.
Relationships between these physiological mechanisms, animal
behavior, and the costs of stress responses are well-studied through
controlled experiments and for both laboratory and free-ranging animals
(e.g., Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003;
Krausman et al., 2004; Lankford et al., 2005). Stress responses due to
exposure to anthropogenic sounds or other stressors and their effects
on marine mammals have also been reviewed (Fair and Becker 2000; Romano
et al., 2002b) and, more rarely, studied in wild populations (e.g.,
Romano et al., 2002a). For example, Rolland et al. (2012) found that
noise reduction from reduced ship traffic in the Bay of Fundy was
associated with decreased stress in North Atlantic right whales. These
and other studies lead to a reasonable expectation that some marine
mammals will experience physiological stress responses upon exposure to
acoustic stressors and that it is possible that some of these would be
classified as ``distress.'' In addition, any animal experiencing TTS
would likely also experience stress responses (NRC 2003).
Auditory masking--Sound can disrupt behavior through masking, or
interfering with, an animal's ability to detect, recognize, or
discriminate between acoustic signals of interest (e.g., those used for
intraspecific communication and social interactions, prey detection,
predator avoidance, navigation) (Richardson et al., 1995). Masking
occurs when the receipt of a sound is interfered with by another
coincident sound at similar frequencies and at similar or higher
intensity, and may occur whether the sound is natural (e.g., snapping
shrimp, wind, waves, precipitation) or anthropogenic (e.g., shipping,
sonar, seismic exploration) in origin. The ability of a noise source to
mask biologically important sounds depends on the characteristics of
both the noise source and the signal of interest (e.g., signal-to-noise
ratio, temporal variability, direction), in relation to each other and
to an animal's hearing abilities (e.g., sensitivity, frequency range,
critical ratios, frequency discrimination, directional discrimination,
age or TTS hearing loss), and existing ambient noise and propagation
conditions.
Under certain circumstances, marine mammals experiencing
significant masking could also be impaired from maximizing their
performance fitness in survival and reproduction. Therefore, when the
coincident (masking) sound is man-made, it may be considered harassment
when disrupting or altering critical behaviors. It is important to
distinguish TTS and PTS, which persist after the sound exposure, from
masking, which occurs during the sound exposure. Because masking
(without resulting in TS) is not associated with abnormal physiological
function, it is not considered a physiological effect, but rather a
potential behavioral effect.
The frequency range of the potentially masking sound is important
in determining any potential behavioral impacts. For example, low-
frequency signals may have less effect on high-frequency echolocation
sounds produced by odontocetes but are more likely to affect detection
of mysticete communication calls and other potentially important
natural sounds such as those produced by surf and some prey species.
The masking of communication signals by anthropogenic noise may be
considered as a reduction in the communication space of animals (e.g.,
Clark et al., 2009) and may result in energetic or other costs as
animals change their vocalization behavior (e.g., Miller et al., 2000;
Foote et al., 2004; Parks et al., 2007b; Di Iorio and Clark, 2009; Holt
et al., 2009). Masking can be reduced in situations where the signal
and noise come from different directions (Richardson et al., 1995),
through amplitude modulation of the signal, or through other
compensatory behaviors (Houser and Moore, 2014). Masking can be tested
directly in captive species (e.g., Erbe, 2008), but in wild populations
it must be either modeled or inferred from evidence of masking
compensation. There are few studies addressing real-world masking
sounds likely to be experienced by marine mammals in the wild (e.g.,
Branstetter et al., 2013).
Masking affects both senders and receivers of acoustic signals and
can potentially have long-term chronic effects on marine mammals at the
population level as well as at the individual level. Low-frequency
ambient sound levels have increased by as much as 20 dB (more than
three times in terms of SPL) in the world's ocean from pre-industrial
periods, with most of the increase from distant commercial shipping
(Hildebrand, 2009). All anthropogenic sound sources, but especially
chronic and lower-frequency signals (e.g., from vessel traffic),
contribute to elevated ambient sound levels, thus intensifying masking.
Non-auditory physiological effects--Non-auditory physiological
effects or injuries that theoretically might occur in marine mammals
exposed to strong underwater sound include stress, neurological
effects, bubble formation, resonance effects, and other types of organ
or tissue damage (Cox et al., 2006; Southall et al., 2007). Studies
examining such effects are limited. In general, little is known about
the potential for pile driving to cause auditory impairment or other
physical effects in marine mammals. Available data suggest that such
effects, if they occur at all, would presumably be limited to short
distances from the sound source, where SLs are much higher, and to
activities that extend over a prolonged period. The available data do
not allow identification of a specific exposure level above which non-
auditory effects can be expected (Southall et al., 2007) or any
meaningful quantitative predictions of the numbers (if any) of marine
mammals that might be affected in those ways. Marine mammals that show
behavioral avoidance of pile driving, including some odontocetes and
some pinnipeds, are especially unlikely to incur auditory impairment or
non-auditory physical effects.
Strandings--When a live or dead marine mammal swims or floats onto
shore and is incapable of returning to sea, the event is termed a
``stranding'' (16 U.S.C. 1421h(3)). Marine mammals are known to strand
for a variety of reasons, such as infectious agents, biotoxicosis,
starvation, fishery interaction, ship strike, unusual oceanographic or
weather events, sound exposure, or combinations of these stressors
sustained concurrently or in series (e.g., Geraci et al., 1999).
However, the cause or causes of most strandings are unknown (e.g., Best
1982). Combinations of dissimilar stressors may combine to kill an
animal or dramatically reduce its fitness, even though one exposure
without the other would not be expected to produce the
[[Page 79362]]
same outcome (e.g., Sih et al., 2004). For further description of
stranding events see, e.g., Southall et al., 2006; Jepson et al., 2013;
Wright et al., 2013. Strandings are not expected from the City's
activities since construction activities are not associated with any of
the reasons for strandings stated above, with the exception of sound
exposure. However, the SLs from the construction activities are not at
levels that cause injury or mortality, and therefore are not expected
to cause strandings. If a stranded animal is observed, the City shall
follow NMFS protocol described in the Proposed Reporting Measures
section.
Underwater Acoustic Effects From the City's Activities
Potential Effects of Pile Driving Sound--The effects of sounds from
pile driving might include one or more of the following: Temporary or
permanent hearing impairment, non-auditory physical or physiological
effects, behavioral disturbance, and masking (Richardson et al., 1995;
Gordon et al., 2003; Nowacek et al., 2007; Southall et al., 2007). The
effects of pile driving on marine mammals are dependent on several
factors, including the type and depth of the animal; the pile size and
type, and the intensity and duration of the pile driving sound; the
substrate; the standoff distance between the pile and the animal; and
the sound propagation properties of the environment. Impacts to marine
mammals from pile driving activities are expected to result primarily
from acoustic pathways. As such, the degree of effect is intrinsically
related to the frequency, received level, and duration of the sound
exposure, which are in turn influenced by the distance between the
animal and the source. The further away from the source, the less
intense the exposure should be. The substrate and depth of the habitat
affect the sound propagation properties of the environment. In
addition, substrates that are soft (e.g., sand) would absorb or
attenuate the sound more readily than hard substrates (e.g., rock)
which may reflect the acoustic wave. Soft porous substrates would also
likely require less time to drive the pile, and possibly less forceful
equipment, which would ultimately decrease the intensity of the
acoustic source.
Hearing Impairment and Other Physical Effects--Marine mammals
exposed to high intensity sound repeatedly or for prolonged periods can
experience hearing threshold shifts. PTS constitutes injury, but TTS
does not (Southall et al., 2007). Based on the best scientific
information available, the SPLs for the City's construction activities
may exceed the thresholds that could cause TTS or the onset of PTS
based on NMFS' new acoustic guidance (NMFS 2016a, 81 FR 51694; August
4, 2016).
Non-auditory Physiological Effects--Non-auditory physiological
effects or injuries that theoretically might occur in marine mammals
exposed to high level underwater sound or as a secondary effect of
extreme behavioral reactions (e.g., change in dive profile as a result
of an avoidance reaction) caused by exposure to sound include
neurological effects, bubble formation, resonance effects, and other
types of organ or tissue damage (Cox et al., 2006; Southall et al.,
2007; Zimmer and Tyack, 2007). The City's activities do not involve the
use of devices such as explosives or mid-frequency active sonar that
are associated with these types of effects, nor do they have SLs that
may cause these extreme behavioral reactions, and are therefore,
considered unlikely.
Disturbance Reactions--Responses to continuous sound, such as
vibratory pile installation, have not been documented as well as
responses to pulsed sounds. With both types of pile driving, it is
likely that the onset of pile driving could result in temporary, short
term changes in an animal's typical behavior and/or avoidance of the
affected area. These behavioral changes may include (Richardson et al.,
1995): 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 sound sources are located; and/or flight responses (e.g.,
pinnipeds flushing into water from haul-outs or rookeries). Pinnipeds
may increase their haul-out time, possibly to avoid in-water
disturbance (Thorson and Reyff 2006). If a marine mammal responds to a
stimulus by changing its behavior (e.g., through relatively minor
changes in locomotion direction/speed or vocalization behavior), the
response may or may not constitute taking at the individual level, and
is unlikely to affect the stock or the species as a whole. However, if
a sound source displaces marine mammals from an important feeding or
breeding area for a prolonged period, impacts on animals, and if so
potentially on the stock or species, could potentially be significant
(e.g., Lusseau and Bejder 2007; Weilgart 2007).
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. Significant
behavioral modifications that could potentially lead to effects on
growth, survival, or reproduction include:
Drastic changes in diving/surfacing patterns (such as
those thought to cause beaked whale stranding due to exposure to
military mid-frequency tactical sonar);
Longer-term habitat abandonment due to loss of desirable
acoustic environment; and
Longer-term cessation of feeding or social interaction.
The onset of behavioral disturbance from anthropogenic sound
depends on both external factors (characteristics of sound sources and
their paths) and the specific characteristics of the receiving animals
(hearing, motivation, experience, demography) and is difficult to
predict (Southall et al., 2007).
Auditory Masking--Natural and artificial sounds can disrupt
behavior by masking. The frequency range of the potentially masking
sound is important in determining any potential behavioral impacts. The
most intense underwater sounds in the proposed action are those
produced by impact pile driving. Given that the energy distribution of
pile driving covers a broad frequency spectrum, sound from these
sources would likely be within the audible range of marine mammals
present in the project area. Impact pile driving activity is relatively
short-term, and only used for proofing, with rapid pulses occurring for
only a few minutes per pile. The probability for impact pile driving
resulting from this proposed action masking acoustic signals important
to the behavior and survival of marine mammal species is low. Vibratory
pile driving is also relatively short-term. It is possible that
vibratory pile driving resulting from this proposed action may mask
acoustic signals important to the behavior and survival of marine
mammal species, but the short-term duration and limited affected area
would result in insignificant impacts from masking. Any masking event
that could possibly rise to Level B harassment under the MMPA would
occur concurrently within the zones of behavioral harassment already
estimated for vibratory and impact pile driving, and which have already
been taken into account in the exposure analysis.
[[Page 79363]]
Airborne Acoustic Effects from the City's Activities--Pinnipeds
that occur near the project site could be exposed to airborne sounds
associated with pile driving that have the potential to cause
behavioral harassment, depending on their distance from pile driving
activities. Cetaceans are not expected to be exposed to airborne sounds
that would result in harassment as defined under the MMPA.
Airborne noise will primarily be an issue for pinnipeds that are
swimming or hauled out near the project site within the range of noise
levels elevated above the acoustic criteria. We recognize that
pinnipeds in the water could be exposed to airborne sound that may
result in behavioral harassment when looking with heads above water.
Most likely, airborne sound would cause behavioral responses similar to
those discussed above in relation to underwater sound. For instance,
anthropogenic sound could cause hauled-out pinnipeds to exhibit changes
in their normal behavior, such as reduction in vocalizations, or cause
them to temporarily abandon the area and move further from the source.
However, these animals would previously have been `taken' as a result
of exposure to underwater sound above the behavioral harassment
thresholds, which are in all cases larger than those associated with
airborne sound. Thus, the behavioral harassment of these animals is
already accounted for in these estimates of potential take. Multiple
instances of exposure to sound above NMFS' thresholds for behavioral
harassment are not believed to result in increased behavioral
disturbance, in either nature or intensity of disturbance reaction.
Therefore, we do not believe that authorization of incidental take
resulting from airborne sound for pinnipeds is warranted, and airborne
sound is not discussed further here.
Ambient noise--The transient float project area is frequented by
fishing vessels and tenders; ferries, barges, tugboats; and other
commercial and recreational vessels that use the channel to access
harbors and city docks, fuel docks, processing plants where fish
catches are offloaded, and other commercial facilities. At the seafood
processing plant, to the southwest of the transient float, fish are
offloaded by vacuum hose straight into the processing plant from the
vessels' holds, and vessels raft up three and four deep to the dock
during peak fishing seasons. Northeast of the processing plant is the
Pier 1 Kodiak Ferry Terminal, which is an active ferry terminal and
multi-use dock in Near Island Channel. Between the ferry terminal and
the transient float is the Petro Marine fuel dock, which services a
range of vessel sizes, including larger vessels that can be
accommodated by docking at the transient float. Two boat harbors exist
in Near Island Channel, which house a number of commercial and
recreational marine vessels. The channel is also a primary route for
local vessel traffic to access waters outside the Gulf of Alaska.
High levels of vessel traffic are known to elevate background
levels of noise in the marine environment. For example, continuous
sounds for tugs pulling barges have been reported to range from 145 to
166 dB re 1 [mu]Pa rms at 1 meter from the source (Miles et al., 1987;
Richardson et al., 1995; Simmonds et al., 2004). Ambient underwater
sound was measured in Near Island Channel, approximately 100 m
southwest and 900 m northeast of the Transient Float, in March 2016
during construction of the Pier 1 Kodiak Ferry Terminal and Dock
Improvements Project. Measurements recorded highly variable sound
pressure levels (SPLs), ranging from approximately 80 to 140 decibels
referenced to one microPascal (dB re 1 [mu]Pa). Peaks ranging from
approximately 130 to 140 dB re 1 [mu]Pa were produced by vessels
passing near acoustic recorders (Warner and Austin 2016). Ambient
underwater noise levels in the transient float project area are both
variable and relatively high, and are expected to mask some sounds of
drilling, pile installation, and pile extraction.
Potential Effects on Marine Mammal Habitat
The primary potential impacts to marine mammal habitat are
associated with elevated sound levels produced by vibratory and impact
pile driving and removal in the area, and down-hole drilling. However,
other potential impacts to the surrounding habitat from physical
disturbance are also possible.
Potential Pile Driving Effects on Prey--Construction activities
would produce continuous (i.e., vibratory pile driving, down-hole
drilling) sounds and pulsed (i.e. impact driving) sounds. Essential
Fish Habitat (EFH) has been designated within the project area for the
Alaska stocks of Pacific salmon, walleye pollock, Pacific cod,
yellowfin sole (Limanda aspera), arrowtooth flounder (Atheresthes
stomias), rock sole (Lepidopsetta spp.), flathead sole (Hippoglossoides
elassodon), sculpin (Cottidae), skate (Rajidae), and squid
(Teuthoidea). In accordance with the EFH requirements of the Magnuson-
Stevens Fishery Conservation and Management Act, NMFS notified the
Alaska regional office about this activity, and EFH consultation was
not considered necessary for issuance of this IHA.
Fish react to sounds that are especially strong and/or intermittent
low-frequency sounds. Short duration, sharp sounds can cause overt or
subtle changes in fish behavior and local distribution. Hastings and
Popper (2005) identified several studies that suggest fish may relocate
to avoid certain areas of sound energy. Additional studies have
documented effects of pile driving on fish, although several are based
on studies in support of large, multiyear bridge construction projects
(e.g., Scholik and Yan 2001, 2002; Popper and Hastings 2009). Sound
pulses at received levels of 160 dB may cause subtle changes in fish
behavior. SPLs of 180 dB may cause noticeable changes in behavior
(Pearson et al., 1992; Skalski et al., 1992). SPLs of sufficient
strength have been known to cause injury to fish and fish mortality.
The most likely impact to fish from pile driving activities at the
project area would be temporary behavioral avoidance of the area since
the majority of the construction activities will be at SLs lower than
160 dB. The duration of fish avoidance of this area after pile driving
stops is unknown, but a rapid return to normal recruitment,
distribution and behavior is anticipated. In general, because the
majority of SLs will be 160 dB or lower, and the duration of the
project is short (e.g., 12 days), impacts to marine mammal prey species
are expected to be minor and temporary.
Effects to Foraging Habitat--Pile installation may temporarily
increase turbidity resulting from suspended sediments. Any increases
would be temporary, localized, and minimal. The City must comply with
state water quality standards during these operations by limiting the
extent of turbidity to the immediate project area. 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 project pile driving areas to
experience effects of turbidity, and any pinnipeds will be transiting
the area and could avoid localized areas of turbidity. Therefore, the
impact from increased turbidity levels is expected to be discountable
to marine mammals. Furthermore, pile driving and removal at the project
site will not obstruct movements or migration of marine mammals.
Proposed Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must
[[Page 79364]]
set forth the permissible methods of taking pursuant to such activity,
``and other means of effecting the least practicable impact on such
species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stock for taking'' for certain
subsistence uses.
For the proposed project, the City 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,
and to monitor marine mammals within designated zones of influence
corresponding to NMFS' current Level A and B harassment thresholds. The
Level B zones are depicted in Table 5 found later in the Estimated Take
by Incidental Harassment section.
Observer Qualifications--Monitoring would be conducted before,
during, and after pile driving and removal activities. Monitoring will
be conducted by a minimum of two qualified marine mammal observers
(MMOs), who will be placed at the best vantage point(s) practicable to
monitor for marine mammals and implement shutdown/delay procedures when
applicable by calling for the shutdown to the hammer operator. NMFS has
minimum requirements for MMOs at the construction site, as well as
specific qualifications (e.g., experience) needed of each MMO. MMO
requirements for construction actions are as follows:
1. Independent observers (i.e., not construction personnel) are
required.
2. At least one observer must have prior experience working as an
observer.
3. Other observers (that do not have prior experience) may
substitute education (undergraduate degree in biological science or
related field) or training for experience.
4. Where a team of three or more observers are required, one
observer should be designated as lead observer or monitoring
coordinator. The lead observer must have prior experience working as an
observer.
5. NMFS will require submission and approval of observer CVs.
Qualified MMOs are trained biologists, and need the following
additional minimum qualifications:
(a) 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
may be necessary to correctly identify the target;
(b) Ability to conduct field observations and collect data
according to assigned protocols
(c) Experience or training in the field identification of marine
mammals, including the identification of behaviors
(d) Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations
(e) Writing skills sufficient to prepare a report of observations
including but not limited to the number and species of marine mammals
observed; dates and times when in-water construction activities were
conducted; dates and times when in-water construction activities were
suspended to avoid potential incidental injury from construction sound
of marine mammals observed within a defined shutdown zone; and marine
mammal behavior
(f) 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
Monitoring Protocols--The City will conduct briefings between
construction supervisors and crews, marine mammal monitoring team, and
City staff prior to the start of all pile driving activity, and when
new personnel join the work, in order to explain responsibilities,
communication procedures, marine mammal monitoring protocol, and
operational procedures.
Prior to the start of pile driving activity, the shutdown zone will
be monitored for 30 minutes to ensure that it is clear of marine
mammals. Pile driving will only commence once observers have declared
the shutdown zone clear of marine mammals; animals will be allowed to
remain in the shutdown zone (i.e., must leave of their own volition)
and their behavior will be monitored and documented. The shutdown zone
may only be declared clear, and pile driving started, when the entire
shutdown zone is visible (i.e., when not obscured by dark, rain, fog,
etc.).
If a marine mammal approaches or enters the shutdown zone during
the course of pile driving operations, activity will be halted and
delayed until either the animal has voluntarily left and been visually
confirmed beyond the shutdown zone or 30 minutes have passed without
re-detection of the animal. Monitoring will be conducted throughout the
time required to drive a pile, through 30 minutes post-completion of
pile driving activities. Pile driving activities include the time to
remove a single pile or series of piles, as long as the time elapsed
between uses of the pile driving equipment is no more than 30 minutes.
Observers shall record all incidents of marine mammal occurrence,
regardless of distance from activity, and shall document any behavioral
reactions in concert with distance from piles being driven.
Observations made outside the shutdown zone will not result in
shutdown; that pile segment would be completed without cessation,
unless the animal approaches or enters the shutdown zone, at which
point all pile driving activities would be halted, as described below.
Please see Appendix B of the City's application for details on the
marine mammal monitoring plan developed by the City with NMFS'
cooperation.
Ramp Up or Soft Start--The use of a soft start procedure is
believed to provide additional protection to marine mammals by warning
or providing a chance to leave the area prior to the impact hammer
operating at full capacity, and typically involves a requirement to
initiate sound from the hammer at reduced energy followed by a waiting
period. This procedure is repeated two additional times. It is
difficult to specify the reduction in energy for any given hammer
because of variation across drivers. The project will utilize soft
start techniques for all impact pile driving. NMFS will require the
City to initiate sound from impact driving with an initial set of three
strikes from the impact hammer at reduced energy, followed by a 1-
minute waiting period, then two subsequent three strike sets. Soft
start will be required at the beginning of each day's impact pile
driving work and at any time following a cessation of pile driving of
30 minutes or longer.
If a marine mammal is present within the Level A harassment zone,
ramping up will be delayed until the animal(s) leaves the Level A
harassment zone. Activity will begin only after the MMO has determined,
through sighting, that the animal(s) has moved outside the Level A
harassment zone.
If a Steller sea lion, harbor seal, harbor porpoise, Dall's
porpoise, humpback whale, or killer whale is present in the Level B
harassment zone, ramping up will begin and a Level B take will be
documented. Ramping up will occur when these species are in the Level B
harassment zone whether they entered the Level B zone from the Level A
zone, or from outside the project area.
If any marine mammal other than Steller sea lions, harbor seals,
harbor porpoises, Dall's porpoise, humpback whale, or killer whales is
present in the Level B harassment zone, ramping up will be delayed
until the animal(s)
[[Page 79365]]
leaves the zone. Ramping up will begin only after the MMO has
determined, through sighting, that the animal(s) has moved outside the
harassment zone.
Pile Caps--Pile caps or cushions will be used during all impact
pile-driving activities.
Shutdown Zone--For all pile driving activities, the City will
establish a shutdown zone. Shutdown zones are intended to contain the
area in which SPLs equal or exceed acoustic injury criteria, with the
purpose being to define an area within which shutdown of activity would
occur upon sighting of a marine mammal (or in anticipation of an animal
entering the defined area), thus preventing injury of marine mammals.
Using the user spreadsheet for the new acoustic guidance, injury zones
were determined for each of the hearing groups. These zones would be
rounded to the nearest 10 or 100 m to be more conservative (Table 3).
As a precautionary measure, intended to reduce the unlikely possibility
of injury from direct physical interaction with construction
operations, the City would implement a minimum shutdown zone of 10 m
radius around each pile for all construction methods for all marine
mammals. Additionally, to avoid acoustic injury, the following shutdown
zones will be in place for all construction methods (vibratory
extraction and installation, down-hole drilling, and impact driving):
100 m for humpback whales, harbor porpoise, and Dall's porpoise, 50 m
for harbor seals, and 10 m for killer whales and Steller sea lions
(Table 3).
Table 3--Injury Zones and Shutdown Zones for Hearing Groups for Each Construction Method
----------------------------------------------------------------------------------------------------------------
Low- Mid- High-
Hearing group frequency frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
----------------------------------------------------------------------------------------------------------------
Vibratory installation/extraction \1\
----------------------------------------------------------------------------------------------------------------
PTS Isopleth to threshold (m)... 7.1 (8) 1.4 (2) 9.3 (10) 5.1 (6) 0.8 (1)
----------------------------------------------------------------------------------------------------------------
Down-hole drilling \2\
----------------------------------------------------------------------------------------------------------------
PTS Isopleth to threshold (m)... 71.7 (100) 7.3 (8) 64.6 (100) 43.7 (100) 5.5 (6)
----------------------------------------------------------------------------------------------------------------
Impact driving \3\
----------------------------------------------------------------------------------------------------------------
PTS Isopleth to threshold (m)... 3.7 (4) 0.3 (1) 4.3 (5) 2.4 (3) 0.3 (1)
----------------------------------------------------------------------------------------------------------------
Shutdown zone (m)............... 100 * 10 100 50 * 10
----------------------------------------------------------------------------------------------------------------
Note: Numbers in parentheses are the rounded zones (to the nearest 1 if under 10 m, and 10 or 100 m)
* The minimum 10 m shutdown in place for all construction projects would cover the injury zones for these
hearing groups.
\1\ For vibratory driving, SL is 183.8, TL is 21.9logR, weighting function is 2.5, duration is 0.69 hours, and
distance from the source is one m.
\2\ For down-hole drilling, SL is 192.5, TL is 18.9logR, weighting function is two, duration is four hours, and
distance from the source is 1 m.
\3\ For impact driving, SL is 205.9, weighting function is two, duration is 0.3, pulse duration is 0.05, TL is
20.3log R, strikes per pile is five, and distance from the source is 1 m.
For in-water heavy machinery work other than pile driving (using,
e.g., standard barges, tug boats, barge-mounted excavators, or
clamshell equipment used to place or remove material), if a marine
mammal comes within 10 m, operations shall cease and vessels shall
reduce speed to the minimum level required to maintain steerage and
safe working conditions.
Disturbance Zone--Disturbance zones are the areas in which sound
pressure levels (SPLs) equal or exceed 120 dB rms (for continuous
sound) and 160 dB rms (for impulsive sound) for pile driving
installation and removal. Disturbance zones provide utility for
monitoring conducted for mitigation purposes (i.e., shutdown zone
monitoring) by establishing monitoring protocols for areas adjacent to
the shutdown zones. The disturbance zone will be monitored by
appropriately stationed MMOs. Monitoring of disturbance zones enables
observers to be aware of and communicate the presence of marine mammals
in the project area but outside the shutdown zone and thus prepare for
potential shutdowns of activity. However, the primary purpose of
disturbance zone monitoring is for documenting incidents of Level B
harassment.
Any marine mammal documented within the Level B harassment zone
would constitute a Level B take (harassment), and will be recorded and
reported as such. Nominal radial distances for disturbance zones are
shown in Table 4. Given the size of the disturbance zone for vibratory
pile driving, it is impossible to guarantee that all animals would be
observed or to make comprehensive observations of fine-scale behavioral
reactions to sound, and only a portion of the zone (e.g., what may be
reasonably observed by visual observers) would be observed.
In order to document observed incidents of harassment, monitors
record all marine mammal observations, regardless of location. The
observer's location, as well as the location of the pile being driven
or removed, is known from a GPS. The location of the animal is
estimated as a distance from the observer, which is then compared to
the location from the pile. It may then be estimated whether the animal
was exposed to sound levels constituting incidental harassment on the
basis of predicted distances to relevant thresholds in post-processing
of observational and acoustic data, and a precise accounting of
observed incidences of harassment created. This information may then be
used to extrapolate observed takes to reach an approximate
understanding of actual total takes.
Level B take of grey whales and fin whales is not requested and
will be avoided by shutting down before individuals of these species
enter the Level B zones.
[[Page 79366]]
Table 4--Calculated Threshold Distances (m) From an Acoustic Monitoring
Study Conducted at the Pier 1 in March 2016
------------------------------------------------------------------------
Threshold distances (m)
Source -------------------------------------
160 dB 120 dB
------------------------------------------------------------------------
Vibratory pile driving/extraction. n/a 821 (900)
Down-hole drilling................ n/a 6846 (7,000)
Impact pile driving............... 183 (200) n/a
------------------------------------------------------------------------
Note: Numbers in parentheses are the rounded zones (to the nearest 100
or 1,000 m).
In order to document observed incidents of harassment, MMOs record
all marine mammal observations, regardless of location. The observer's
location, as well as the location of the pile being driven, is known
from a GPS. The location of the animal is estimated as a distance from
the observer, which is then compared to the location from the pile and
the estimated zone of influence (ZOI) for relevant activities (i.e.,
pile installation and removal). This information may then be used to
extrapolate observed takes to reach an approximate understanding of
actual total takes.
Time Restrictions--Work would occur only during daylight hours,
when visual monitoring of marine mammals can be conducted. To minimize
impacts to pink salmon (Oncorhynchus gorbuscha) fry and coho salmon (O.
kisutch) smolt, the City will refrain from impact pile driving from May
1, 2017 through June 30, 2017. If impact pile-driving occurs from May 1
through June 30, it will occur in the evenings during daylight hours,
after the 12-hour period that begins at civil dawn.
Proposed measures to ensure availability of such species or stock
for taking for certain subsistence uses are discussed later in this
document (see Impact on Availability of Affected Species or Stock for
Taking for Subsistence Uses section).
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 affecting 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 mammal species or stocks;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Any mitigation measure(s) prescribed by NMFS should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current science), or contribute to the accomplishment of one or more of
the general goals listed below:
1. Avoidance or minimization of injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may contribute to this goal).
2. A reduction in the numbers of marine mammals (total number or
number at biologically important time or location) exposed to received
levels of pile driving and down-hole drilling, 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 down-hole drilling, 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 and down-hole drilling, 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 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.
The City submitted a marine mammal monitoring plan as part of the IHA
application. It can be found in Appendix B of their application. The
plan may be modified or supplemented based on comments or new
information received 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 and down-hole drilling
that we associate with specific adverse effects, such as behavioral
harassment, TTS, or PTS;
[[Page 79367]]
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.
Visual Marine Mammal Observation
The City will collect sighting data and behavioral responses to
construction for marine mammal species observed in the region of
activity during the period of activity. All observers will be trained
in marine mammal identification and behaviors and are required to have
no other construction-related tasks while conducting monitoring. As
discussed previously, the City will monitor the shutdown zone and
disturbance zone before, during, and after pile driving. The MMOs and
the City authorities will meet to determine the most appropriate
observation platform(s) for monitoring during pile installation and
extraction.
Based on our MMO requirements, the Marine Mammal Monitoring Plan
would implement similar procedures as those described in the Proposed
Mitigation section.
Data Collection
We require that observers use approved data forms. Among other
pieces of information, the City will record detailed information about
any implementation of shutdowns, including the distance of animals to
the pile and description of specific actions that ensued and resulting
behavior of the animal, if any. In addition, the City will attempt to
distinguish between the number of individual animals taken and the
number of incidents of take. We require that, at a minimum, the
following information be collected on the sighting forms:
Date and time that monitored activity begins or ends;
Construction activities occurring during each observation
period;
Weather parameters (e.g., percent cover, visibility);
Water conditions (e.g., sea state, tide state);
Species, numbers, and, if possible, sex and age class of
marine mammals;
Description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity;
Distance from pile driving activities to marine mammals
and distance from the marine mammals to the observation point;
Locations of all marine mammal observations; and
Other human activity in the area.
Proposed Reporting Measures
The City would provide NMFS with a draft monitoring report within
90 days of the conclusion of the proposed construction work. The report
will include marine mammal observations pre-activity, during-activity,
and post-activity during pile driving days, and will also provide
descriptions of any behavioral responses to construction activities by
marine mammals and a complete description of all mitigation shutdowns
and the results of those actions and an extrapolated total take
estimate based on the number of marine mammals observed during the
course of construction. A final report must be submitted within thirty
days following resolution of comments on the draft report. If no
comments are received from NMFS within 30 days, the draft final report
will constitute the final report. If comments are received, a final
report must be submitted within 30 days after receipt of comments.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as serious injury or mortality (e.g., ship-strike,
gear interaction, and/or entanglement), the City would immediately
cease the specified activities and immediately report the incident to
the Chief of the Permits and Conservation Division, Office of Protected
Resources, NMFS, and the Alaska Stranding Coordinator. The report would
include the following information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with the City to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The City would not be able
to resume their activities until notified by NMFS via letter, email, or
telephone.
In the event that the City discovers an injured or dead marine
mammal, and the lead MMO 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),
the City would immediately report the incident to the Chief of the
Permits and Conservation Division, Office of Protected Resources, NMFS,
and the Alaska Stranding Coordinator.
The report would include the same information identified in the
paragraph above. Activities would be able to continue while NMFS
reviews the circumstances of the incident. NMFS would work with the
City to determine whether modifications in the activities are
appropriate.
In the event that the City discovers an injured or dead marine
mammal, and the lead MMO 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), the City would report the incident
to the Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, and the NMFS West Coast Stranding Hotline
and/or by email to the Alaska Stranding Coordinator, within 24 hours of
the discovery. The City would provide photographs or video footage (if
available) or other documentation of the stranded animal sighting to
NMFS and the Marine Mammal Stranding Network.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA
[[Page 79368]]
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].
All anticipated takes would be by Level B harassment resulting from
vibratory pile driving and removal, impact pile driving, or down-hole
drilling. Level B harassment may result in temporary changes in
behavior. Note that injury, serious injury, and lethal takes are not
expected, and are not authorized, for these activities due to the
proposed mitigation and monitoring measures that are expected to
minimize the possibility of such take.
If a marine mammal responds to a stimulus by changing its behavior
(e.g., through relatively minor changes in locomotion direction/speed
or vocalization behavior), the response may or may not constitute
taking at the individual level, and is unlikely to affect the stock or
the species as a whole. However, if a sound source displaces marine
mammals from an important feeding or breeding area for a prolonged
period, impacts on animals or on the stock or species could potentially
be significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007). Given
the many uncertainties in predicting the quantity and types of impacts
of sound on marine mammals, it is common practice to estimate how many
animals are likely to be present within a particular distance of a
given activity, or exposed to a particular level of sound, in order to
estimate take.
Upland work can generate airborne sound and create visual
disturbance that could potentially result in disturbance to marine
mammals (specifically, pinnipeds) that are hauled out or at the water's
surface with heads above the water. However, because there are no
regular haul-outs in close proximity to the Kodiak transient float,
NMFS believes that incidents of incidental take resulting from airborne
sound or visual disturbance are unlikely.
The City has requested authorization for the incidental taking of
small numbers, by Level B harassment, of harbor porpoise, Dall's
porpoise, killer whale, humpback whale, Steller sea lion, and harbor
seal near the project area that may result from impact and vibratory
pile driving, vibratory pile removal, and down-hole drilling
construction activities associated with the transient float project.
The calculation for estimating marine mammal exposures to
underwater noise is:
Exposure estimate = number of animals exposed/day * number of days of
activity
In order to estimate the potential incidents of take that may occur
incidental to the specified activity, we must first estimate the extent
of the sound field that may be produced by the activity and then
consider the sound field in combination with information about marine
mammal density or abundance in the project area. We first provide
information on applicable sound thresholds for determining effects to
marine mammals before describing the information used in estimating the
sound fields, the available marine mammal density or abundance
information, and the method of estimating potential incidences of take.
Sound Thresholds
We use the following generic sound exposure thresholds (Table 5) to
determine when an activity that produces sound might result in impacts
to a marine mammal such that a take by behavioral harassment (Level B)
might occur.
Table 5--Underwater Disturbance Threshold Decibel Levels for Marine
Mammals
------------------------------------------------------------------------
Criterion Criterion definition Threshold *
------------------------------------------------------------------------
Level B harassment.......... Behavioral 160 dB RMS.
disruption for
impulse noise
(e.g., impact pile
driving).
Level B harassment.......... Behavioral 120 dB RMS.
disruption for non-
pulse noise (e.g.,
vibratory pile
driving, drilling).
------------------------------------------------------------------------
* All decibel levels referenced to 1 micropascal (re: 1 [mu]Pa). Note
all thresholds are based off root mean square (RMS) levels.
We use NMFS' new acoustic criteria (NMFS 2016a, 81 FR 51694; August
4, 2016) to determine sound exposure thresholds to determine when an
activity that produces sound might result in impacts to a marine mammal
such that a take by injury, in the form of Permanent Threshold Shift
(PTS), might occur.
Distance to Sound Thresholds
The sound field in the project area is the existing ambient noise
plus additional construction noise from the proposed project. The
primary components of the project expected to affect marine mammals is
the sound generated by impact pile driving, vibratory pile driving,
vibratory pile removal, and down-hole drilling.
After vibratory hammering has installed the pile through the
overburden to the top of the bedrock layer, the vibratory hammer will
be removed, and the down-hole drill will be inserted through the pile.
The head extends below the pile and the drill rotates through soils and
rock. The drilling/hammering takes place below the sediment layer and,
as the drill advances, below the bedrock layer as well. Underwater
noise levels are relatively low because the impact is taking place
below the substrate rather than at the top of the piling, which limits
transmission of noise through the water column. Additionally, there is
a drive shoe welded on the bottom of the pile, and the upper portion of
the bit rests on the shoe, which aids in advancement of the pile as
drilling progresses. When the proper depth is achieved, the drill is
retracted and the pile is left in place. Impact hammering typically
generates the loudest noise associated with pile driving, but for the
transient float project, use will be limited to a few blows per 24-inch
steel pile.
Several factors are expected to minimize the potential impacts of
pile-driving and drilling noise associated with the project:
The soft sediment marine seafloor and shallow waters in
the proposed project area;
Land forms across the channel that will block the noise
from spreading; and
The relatively high background noise level in the project
area.
Sound will dissipate relatively rapidly in the shallow waters over
soft seafloors in the project area (NMFS 2013). St. Herman Harbor
(Figure 2 in the application), where the Dog Bay float is located, is
protected from the transient float construction noise by land
projections and islands, which will block and redirect sound. Near
Island and Kodiak Island, on either side of Near Island Channel,
prevent the sound
[[Page 79369]]
from travelling underwater to the north, south, and southeast,
restricting the noise to most of the channel; however a narrow band of
noise may extend to Woody Island, approximately 3.75 km to the East.
The project includes vibratory removal of 12-inch timber and steel
piles; and vibratory installation and down-hole drilling of permanent
24-inch steel piles. Each 24-inch pile may also be subject to a few
blows from an impact hammer for proofing. No data are available for
vibratory removal of piles, so it will be conservatively assumed that
vibratory removal of piles will produce the same source level as
vibratory installation.
SPLs for this project were used from the nearby Pier 1 Kodiak ferry
terminal measurements of 24-in steel piles from JASCO 2016 (Warner and
Austin 2016). The ferry terminal is approximately 100 m from the
transient float, and therefore has similar environmental conditions,
and the project used the same installation methods and same size piles,
making this a good proxy. Vibratory driving had a measured SL of 183.8
dB rms at 1 m. Down-hole drilling had a measured SL of 192.5 dB at 1 m.
Impact pile driving had a measured SL of 205.9 at 1 m.
Underwater Sound Propagation Formula--Pile driving generates
underwater noise that can potentially result in disturbance to marine
mammals in the project area. Transmission loss (TL) is the decrease in
acoustic intensity as an acoustic pressure wave propagates out from a
source. TL parameters vary with frequency, temperature, sea conditions,
current, source and receiver depth, water depth, water chemistry, and
bottom composition and topography. The general formula for underwater
TL is:
TL = B * log 10 (R 1/R 2),
Where
TL = transmission loss in dB
R 1 = the distance of the modeled SPL from the driven
pile, and
R 2 = the distance from the driven pile of the initial
measurement
NMFS typically recommends a default practical spreading loss of 15
dB per tenfold increase in distance. However, for this analysis for the
transient float project area, a TL of 21.9Log(R/10) (i.e., 21.9-dB loss
per tenfold increase in distance) was used for vibratory pile driving,
18.9Log(R/10) was used for down-hole drilling, and a 20.3Log TL(R/10)
function was used for impact driving (Warner and Austin 2016). TL
values were based on measured attenuation rates at the Pier 1, Kodiak
Ferry Terminal, located approximately 100m away from the transient
float project area.
Distances to the harassment isopleths vary by marine mammal type
and pile extraction/driving tool. The isopleth for Level A harassment
are summarized in Table 3, and the isopleths for Level B harassment are
summarized in Table 4. The ZOIs will be rounded up to the nearest 10,
100, or 1,000 m for the transient float project.
Note that the actual area ensonified by pile driving activities is
significantly constrained by local topography relative to the total
threshold radius. The actual ensonified area was determined using a
straight line-of-sight projection from the anticipated pile driving
locations. Distances to the underwater sound isopleths for Level B and
Level A are illustrated respectively in Figures 15-17 in the City's
application.
The method used for calculating potential exposures to impact and
vibratory pile driving noise for each threshold was estimated using
local marine mammal data sets, monitoring reports from previous
projects in the same vicinity, best professional judgment from state
and federal agencies, and data from take estimates on similar projects
with similar actions. All estimates are conservative and include the
following assumptions:
All pilings installed at each site would have an
underwater noise disturbance equal to the piling that causes the
greatest noise disturbance (i.e., the piling farthest from shore)
installed with the method that has the largest ZOI. The largest
underwater disturbance ZOI would be produced by down-hole drilling. The
ZOIs for each threshold are not spherical and are truncated by land
masses on either side of the channel which would dissipate sound
pressure waves;
Exposures were based on estimated work hours. Numbers of
days were based on an average production rate of eight hours of
vibratory driving/extraction, 48 hours of down-hole drilling, and less
than one hour of impact driving and. Note that impact driving is likely
to occur only on days when vibratory driving occurs; and
In absence of site specific underwater acoustic
propagation modeling, the practical spreading loss model was used to
determine the ZOI.
Steller Sea Lion
Steller sea lions are common in the project area and may be
encountered daily. Pinniped population estimates are typically made
when the animals are hauled out and available to be counted. There have
been numerous counts of Steller sea lions in this area over the past
few years. Aerial surveys from 2004 through 2006 indicated peak winter
(October-April) counts at the Dog Bay float ranging from 27 to 33
animals (Wynne et al., 2011). More than 100 Steller sea lions were
counted on the Dog Bay float at times in spring 2015, although the mean
number was much smaller (Wynne 2015b). Counts in February 2015 during a
site visit by HDR biologists ranged from approximately 28 to 45 Steller
sea lions.
According to ABR (2016), however, maximal weekly counts of sea
lions at Dog Bay float were only loosely correlated with weekly
average-hourly rates of sea lion observations within the construction
area. Near Island Channel counts of Steller sea lions adjacent to Pier
1 have ranged from zero to approximately 25 sea lions at one time (FHWA
and DOT&PF 2015). More recent counts completed between November 2015
and June 2016 by protected species observers (PSOs) working on the
Kodiak Ferry Terminal and Dock Improvements Project (approximately 100
m from the transient float) ranged from approximately 6 to 114 Steller
sea lions, with an average of 33 (ABR 2016). It has been estimated that
about 40 unique individual sea lions likely pass by the project site
each day (Speckman 2015, Ward 2015, Wynne 2015a). Incidental take was
estimated for Steller sea lions by conservatively assuming that, within
any given day, approximately 40 unique individual Steller sea lions may
be present at some time during that day within the Level B harassment
zones during active pile extraction or installation.
It is assumed that Steller sea lions may be present every day, and
also that take will include multiple harassments of the same
individual(s) both within and among days, which means that these
estimates are likely an overestimate of the number of individuals.
An estimated total of 480 Steller sea lions (40 sea lions/day * 12
days of pile installation or extraction) could be exposed to noise at
the Level B harassment level during vibratory and impact pile driving
(Table 6).
The attraction of sea lions to the seafood processing plant
increases the possibility of individual Steller sea lions occasionally
entering the Level A harassment zone (the largest injury zone is 5.5 m
during down-hole drilling); however a minimum 10 m shutdown would be in
effect for all construction methods, thereby eliminating the potential
for Level A harassment. No
[[Page 79370]]
level A take is authorized for Steller sea lions.
Harbor Seal
Harbor seals are expected to be encountered in low numbers within
the project area. However, based on the known range of the South Kodiak
stock, 13 single sightings during 110 days of monitoring of the Kodiak
Ferry Terminal and Dock Improvements Project, and occasional sightings
during monitoring of projects at other locations on Kodiak Island, it
is assumed that harbor seals could be present every day. This analysis
conservatively assumes that harbor seals could be present on any one
day during the 12 days of pile installation and removal. Using this
number, it is estimated that 48 harbor seals could be exposed to noise
at the level B harassment level during in-water construction activities
(Table 6). We assumed three harbor seals (the maximum number of seals
observed during the Kodiak Ferry Terminal and Dock Improvements Project
over 110 days of monitoring) may be seen in Near Island Channel for 36
takes, and included an additional one seal per day that may be present
in the larger 120 dB zone for an additional 12 seals.
The shutdown zone for harbor seals is 50 m for all construction
methods. Because this shutdown zone covers the entire injury zone (10 m
for impact and vibratory, and 50 m for down-hole drilling), Level A
harassment can be avoided. No level A take is authorized for harbor
seals.
Harbor Porpoise
Harbor porpoises are expected to be encountered in low numbers
within the project area. Based on the known range of the Gulf of Alaska
stock, six sightings of singles or pairs only during 110 days of
monitoring of the Kodiak Ferry Terminal and Dock Improvements project,
and occasional sightings during monitoring of projects at other
locations on Kodiak Island, it is assumed that harbor porpoises could
be present every day. Dahlheim (2009, 2015) states that the average
group size of harbor porpoise is between one and two individuals. To be
conservative, we assumed groups of two animals may be seen on any given
day. NMFS proposes 24 Level B takes (two animals on 12 days) of harbor
porpoises by exposure to underwater noise over the duration of
construction activities (Table 6).
A shutdown zone of 100 m would be established for all construction
methods for harbor porpoise. The largest injury zone is 64.6 m (rounded
to 100 m) for this species; therefore, level A take can be avoided. No
Level A take is authorized for harbor porpoise.
Dall's Porpoise
Dall's porpoises are expected to be encountered within the project
area rarely. Although no sightings of Dall's porpoise occurred during
110 days monitoring of the Kodiak Ferry Terminal and Dock Improvements
Project, the project area is within the known range of the Gulf of
Alaska stock and they have been observed at other locations on Kodiak
Island. This project also includes a narrow band that will be
ensonified extending to Woody Island, where Dall's porpoise may be
present. There is minimal information on group sizes of this species in
the Kodiak area. Dahlheim (2009) noted mean group size of Dall's
porpoise in Southeast Alaska between the Spring and Fall of 1991-2007
ranged from 2.51 to 5.46 animals, with average group sizes between 2.77
and 3.55. OBIS SEAMAP states that Dall's porpoise usually form small
groups between two and 12 individuals, and had two observations of
Dall's porpoise near Kodiak Island with group sizes of one and two
individuals (Halpin 2009 at OBIS-SEAMAP 2016). We therefore,
conservatively, assume that Dall's porpoises with an average group size
of seven individuals could be present in the area every other day of
in-water construction. NMFS proposes 42 Dall's porpoise level B takes
(7 animal/day * 6 days of pile activity).
No Level A takes are requested for this species. No Level A take is
expected since Dall's porpoise are uncommon in the area, preferring
deeper waters, and there would be a 100 m shutdown for all construction
methods for Dall's porpoise to further reduce the likelihood of injury.
Killer Whale
Killer whales are expected to be in the Kodiak harbor area
sporadically from January through April and to enter the project area
in low numbers. Four killer whale pods were observed during 110 days of
monitoring for the Kodiak Ferry Terminal and Dock Improvements Project
with the largest pod size of seven individuals. NMFS estimates that pod
of seven individual whales may enter the project area twice during the
12 days of pile installation and removal. NMFS therefore proposes 14
Level B takes (7 killer whales/visit * 2 days) of killer whales by
exposure to underwater noise over the duration of construction
activities. No Level A take is requested under this authorization,
since the injury zones are very small (10 m for all methods), and it is
unlikely a killer whale would come that close to the piles. NMFS also
expects that construction could be shut down before the whales enter
the Level A harassment area.
Humpback Whale
Humpback whales are rare in the action area. One solitary animal
was observed in March 2016 during 110 days monitoring of the Kodiak
Ferry Terminal and Dock Improvements Project. Conservatively, it
assumed that one individual could be present in the area on half of the
days of in-water construction. NMFS therefore proposes six Level B
takes (Table 6). Because humpback whales are rare in the area, and
there would be a 100 m shutdown in place that covers the injury zones
(10 m for impact and vibratory, and 100 m for down-hole drilling), no
Level A takes are authorized for this species.
Based on Wade et al. (2016), the probability is that five of the
humpback whales that would be taken through Level B acoustic harassment
would be from the Hawaii DPS (not listed under ESA), one humpback whale
would be from threatened Mexico DPS, and no humpback whales would be
from the endangered Western North Pacific DPS.
Table 6--Summary of the Estimated Numbers of Marine Mammals Potentially Exposed to Level A and Level B
Harassment Noise Levels
----------------------------------------------------------------------------------------------------------------
Level B
Species Level A harassment Total
injury takes takes
----------------------------------------------------------------------------------------------------------------
Steller sea lion................................................ 0 480 480
Harbor seal..................................................... 0 48 48
Harbor porpoise................................................. 0 24 24
Dall's porpoise................................................. 0 42 42
Killer whale.................................................... 0 14 14
[[Page 79371]]
Humpback whale.................................................. 0 6 6
-----------------------------------------------
Total....................................................... 0 614 614
----------------------------------------------------------------------------------------------------------------
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 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,'' NMFS must consider other factors, such as the
likely nature of any responses (their intensity, duration, etc.), the
context of any responses (critical reproductive time or location,
migration, etc.), as well as the number and nature of estimated Level A
harassment takes, the number of estimated mortalities, effects on
habitat, and the status of the species.
To avoid repetition, the discussion of our analyses applies to all
the species listed in Table 6, given that the anticipated effects of
this pile driving project on marine mammals are expected to be
relatively similar in nature. There is no information about 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.
Pile extraction, pile driving, and down-hole drilling activities
associated with the reconstruction of the transient float, as outlined
previously, have the potential to disturb or displace marine mammals.
Specifically, the specified activities may result in take, in the form
of Level B harassment (behavioral disturbance) from underwater sounds
generated from pile driving and drilling. Potential takes could occur
if individuals of these species are present in the ensonified zone when
in-water construction is under way.
The takes from Level B harassment will be due to potential
behavioral disturbance. No injury, serious injury, or mortality is
anticipated given the nature of the activity and measures designed to
minimize the possibility of serious injury to marine mammals. These
noise exposures may cause behavioral modification to a small number of
each affected marine mammal species. However, the City's proposed
activities are fairly localized and of short duration, and the noise
exposures are therefore expected to be localized and short-term. The
entire project area is limited to the transient float area and its
immediate surroundings with only a small band extending out to Woody
Island. Actions covered under the Authorization would include
extracting 19 12-inch steel piles and installing 12 24-inch steel piles
to support the replacement float and gangway. Specifically, the use of
impact driving will be limited to an estimated maximum of one hour over
the course of 12 days of construction, and will likely require less
time. Each 24-inch pile will require about two to five blows of an
impact hammer to confirm that piles are set into bedrock for a maximum
time expected of three minutes of impact hammering per pile. Vibratory
driving will be necessary for an estimated maximum of eight hours and
down-hole drilling will require a maximum of 48 hours. The likelihood
that marine mammals will be detected by trained observers is high under
the environmental conditions described for the reconstruction of the
transient float. Therefore, the proposed mitigation and monitoring
measures are expected to reduce the likelihood of injury and behavior
exposures.
No important feeding and/or reproductive areas for marine mammals
are known to be near the proposed action area. The project also is not
expected to have significant adverse effects on affected marine
mammals' habitat, including Steller sea lion critical habitat. 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.
Sea lions are common in the Kodiak harbor area the possibility
exists that some of these sea lions are already hearing-impaired or
deaf (Wynne 2014). Fishermen have been known to protect their gear and
catches by using ``seal bombs'' in an effort to disperse sea lions away
from fishing gear. Sound levels produced by seal bombs are well above
levels that are known to cause TTS (temporary loss of hearing), and
Permanent Threshold Shift (PTS, partial or full loss of hearing) in
marine mammals (Wynne 2014). The use of seal bombs requires appropriate
permits from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Although no studies have been published that document hearing-impaired
sea lions in the area, this possibility is important to note as it
pertains to mitigation measures that will be effective for this
project.
Sea lions in the Kodiak harbor area are habituated to fishing
vessels and are skilled at gaining access to fish. It is likely that
some of the same animals follow local vessels to the nearby fishing
grounds and back to town. It is also likely that hearing-impaired or
deaf sea lions are among the sea lions that attend the seafood
processing facility nearby the transient float construction site. It is
not known how a hearing-impaired or deaf sea lion would respond to
typical mitigation efforts at a construction site such as ramping up of
pile-driving equipment. It is also unknown whether a hearing-impaired
or deaf sea lion would avoid pile-driving activity, or whether such an
animal might approach closely, without responding to or being impacted
by the noise level. Therefore, any additional auditory injury
associated with the transient float project would be unlikely.
Effects on individuals that are taken by Level B harassment, on the
basis of
[[Page 79372]]
reports in the literature as well as monitoring from other similar
activities, will likely be limited to reactions such as increased
swimming speeds, increased surfacing time, or decreased foraging (if
such activity were occurring) (e.g., Thorson and Reyff 2006; Lerma
2014). Most likely, individuals will simply move away from the sound
source and be temporarily displaced from the areas of pile driving,
although even this reaction has been observed primarily only in
association with impact pile driving. In response to vibratory driving,
pinnipeds (which may become somewhat habituated to human activity in
industrial or urban waterways) have been observed to orient towards and
sometimes move towards the sound. The pile extraction and driving
activities analyzed here are similar to, or less impactful than,
numerous construction activities conducted in other similar locations,
including the nearby Pier 1 Kodiak ferry terminal (approximately 100 m
away), which have taken place with no reported injuries or mortality to
marine mammals, and no known long-term adverse consequences from
behavioral harassment. Repeated exposures of individuals to levels of
sound that may cause Level B harassment are unlikely to result in
hearing impairment or to significantly disrupt foraging behavior. Thus,
even repeated Level B harassment of some small subset of the overall
stock is unlikely to result in any significant realized decrease in
fitness for the affected individuals, and thus would not result in any
adverse impact to the stock as a whole.
In summary, this negligible impact analysis is founded on the
following factors: (1) The possibility of non-auditory injury, serious
injury, or mortality may reasonably be considered discountable; (2) the
anticipated incidents of Level B harassment consist of, at worst,
temporary modifications in behavior; (3) the short duration of in-water
construction activities (12 days), and; (4) the presumed efficacy of
the proposed mitigation measures in reducing the effects of the
specified activity to the level of least practicable impact. In
combination, we believe that these factors, as well as the available
body of evidence from other similar activities, demonstrate that the
potential effects of the specified activity will have only short-term
effects on individuals. The specified activity is not expected to
impact rates of recruitment or survival and will therefore not result
in population-level impacts.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from the City's Kodiak transient float replacement project
will have a negligible impact on the affected marine mammal species or
stocks.
Small Numbers Analysis
Table 7 presents the number of animals that could be exposed to
received noise levels that could cause Level A and Level B harassment
for the proposed work at the transient float project site. Our analysis
shows that between <1 percent--2.39 percent of the populations of
affected stocks that could be taken by harassment. Therefore, the
numbers of animals authorized to be taken for all species would be
considered small relative to the relevant stocks or populations even if
each estimated taking occurred to a new individual--an extremely
unlikely scenario. For pinnipeds, especially Steller sea lions,
occurring in the vicinity of the transient float, there will almost
certainly be some overlap in individuals present day-to-day, and these
takes are likely to occur only within some small portion of the overall
regional stock.
Table 7--Estimated Numbers and Percentage of Stock That May Be Exposed to Level A and B Harassment
----------------------------------------------------------------------------------------------------------------
Proposed
authorized Stock Percentage of
Species Level A and abundance total stock
Level B takes estimate (%)
----------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumatopias jubatus)
wDPS........................................................ 480 49,497 0.97
Harbor seal (Phoca vitulina)
South Kodiak stock.......................................... 48 19,199 0.25
Harbor porpoise (Phocoena phocoena)
Gulf of Alaska stock........................................ 24 31,046 0.08
Dall's porpoise (Phocoenoides dalli)
Alaska stock................................................ 42 83,400 0.05
Killer whale (Orcinus orca)
Eastern North Pacific Alaska Resident stock................. 14 2,347 0.6
Eastern North Pacific Gulf of Alaska, Aleutian Islands, and 587 2.39
Bering Sea stock...........................................
Humpback whale (Megaptera novaeangliae)
Central North Pacific Stock................................. 6 10,103 0.06
Western North Pacific Stock................................. 1,107 0.54
----------------------------------------------------------------------------------------------------------------
Based on the analysis contained herein 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
Alaska Natives have traditionally harvested subsistence resources
in the Kodiak area for many hundreds of years, particularly Steller sea
lions and harbor seals. No traditional subsistence hunting areas are
within the project vicinity, however; the nearest haulouts and
rookeries for Steller sea lions and harbor seals are the Long Island,
Cape Chiniak, and Ugak Island haul-outs and the Marmot Island rookery,
many miles away. These locations are, respectively 4, 13, 25 and 28 nmi
distant from the project area. Since all project activities will take
place within the immediate vicinity of the transient float site, the
project will not have an adverse impact on the availability of marine
mammals for subsistence use at locations farther away. No disturbance
or displacement of sea lions or harbor seals from traditional hunting
areas by activities associated with the transient project is expected.
No changes to availability of subsistence resources will result from
[[Page 79373]]
transient float replacement project activities.
Endangered Species Act (ESA)
There are two marine mammal species that are listed as endangered
under the ESA with confirmed or possible occurrence in the study area:
the WNP DPS and Mexico DPS of humpback whale and the western DPS of
Steller sea lion. The project location is also within critical habitat
of two major haulouts closest to the project area: Long Island and Cape
Chiniak, which are approximately 4.6 nmi (8.5 km) and 13.8 nmi (25.6
km) away from the project site, respectively. There are no rookeries
within 20 mi of the project location. In October 2016, NMFS initiated
formal consultation under Section 7 of the ESA. The Biological Opinion
will analyze the effects to ESA listed species, including Steller sea
lions and humpback whales, as well as critical habitat.
National Environmental Policy Act (NEPA)
NMFS is preparing an Environmental Assessment (EA) in accordance
with the National Environmental Policy Act (NEPA) and will consider
comments submitted in response to this notice as part of that process.
The EA will be posted at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm once it is finalized.
Proposed Incidental Harassment Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to the City of Kodiak for the Kodiak Transient Float
Replacement Project, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated. The proposed
IHA language is provided next.
1. This Incidental Harassment Authorization (IHA) is valid from
January 1, 2017 through December 31, 2017.
2. This Authorization is valid only for in-water construction work
associated with the Kodiak Transient Float Replacement Project.
3. General Conditions
(a) A copy of this IHA must be in the possession of the City, its
designees, and work crew personnel operating under the authority of
this IHA.
(b) The species authorized for taking include harbor porpoise
(Phocoena phocoena), Dall's porpoise (Phocoenoides dalli), killer whale
(Orcinus orca), Humpback whale (Megaptera novaeangliae), Steller sea
lion (Eumatopius jubatus), and harbor seal (Phoca vitulina richardii).
(c) The taking, by Level B harassment only, is limited to the
species listed in condition 3(b).
(d) The taking by injury (Level A harassment), serious injury, or
death of any of the species listed in condition 3(b) or any taking of
any other species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this IHA.
(e) The City shall conduct briefings between construction
supervisors and crews, marine mammal monitoring team, and staff prior
to the start of all in-water pile driving, and when new personnel join
the work.
4. Mitigation Measures
The holder of this Authorization is required to implement the
following mitigation measures:
(a) Time Restriction: For all in-water pile driving activities, the
City shall operate only during daylight hours when visual monitoring of
marine mammals can be conducted. To minimize impacts to pink salmon
(Oncorhynchus gorbuscha) fry and coho salmon (O. kisutch) smolt, the
City will refrain from impact pile driving from May 1, 2017 through
June 30, 2017. If work occurs from May 1 through June 30, it will occur
in evenings during daylight hours, after the 12-hour period that begins
civil dawn.
(b) Establishment of Level B Harassment (ZOI): Before the
commencement of in-water pile driving activities, the City shall
establish Level B behavioral harassment ZOI where received underwater
sound pressure levels (SPLs) are higher than 120 dB (rms) re 1
[micro]Pa for and non-pulse sources (vibratory hammer and drilling) and
160 dB (rms) for pulse sources (impact hammer). The ZOI delineates
where Level B harassment would occur. The Level B harassment area
extends out to 6,846 m for down-hole drilling (rounded to 7000 m), 821
m for vibratory driving (rounded to 900 m), and 183 m for impact
driving (rounded to 200 m).
(c) Establishment of Shutdown Zone
(i) For all pile driving activities, the City will establish
shutdown zones. Shutdown zones are intended to contain the area in
which SPLs equal or exceed the acoustic injury criteria for each marine
mammal hearing group, with the purpose being to define an area within
which shutdown of activity would occur upon sighting of a marine mammal
(or in anticipation of an animal entering the defined area), thus
preventing injury of marine mammals. The shutdown zones would be 10 m
for Steller sea lions and killer whales, 100 m for humpback whales,
harbor porpoise, and Dall's porpoise, and 50 m harbor seals.
(d) The Level A and Level B harassment zones will be monitored
throughout the time required to install or extract a pile. If a harbor
seal, Steller sea lion, harbor porpoise, Dall's porpoise, killer whale,
or humpback whale is observed entering the Level B harassment zone, a
Level B exposure will be recorded and behaviors documented. That pile
segment will be completed without cessation, unless the animal
approaches the Level A shutdown zone. Pile installation or extraction
will be halted immediately before the animal enters the Level A zone.
(e) If any marine mammal species other than those listed in
condition 3(b) enters or approaches the Level B zone (including, but
not limited to grey whales and fin whales), all activities will shut
down.
(f) Use of Ramp Up/Soft Start
(i) The project will utilize soft start techniques for all impact
pile driving. We require the City to initiate sound from impact hammers
with an initial set of three strikes at reduced energy, followed by a
1-minute waiting period, then two subsequent three strike sets.
(ii) Soft start will be required at the beginning of each day's
impact pile driving work and at any time following a cessation of pile
driving of 30 minutes or longer.
(iii) If a marine mammal is present within the shutdown zone,
ramping up will be delayed until the animal(s) leaves the Level A
harassment zone. Activity will begin only after the MMO has determined,
through sighting, that the animal(s) has moved outside the Level A
harassment zone.
(iv) If a Steller sea lion, harbor seal, harbor porpoise, Dall's
porpoise, killer whale, or humpback whale is present in the Level B
harassment zone, ramping up will begin and a Level B take will be
documented. Ramping up will occur when these species are in the Level B
harassment zone whether they entered the Level B zone from the Level A
zone, or from outside the project area.
(v) If any marine mammal other than Steller sea lions, harbor seal,
harbor porpoise, Dall's porpoise, killer whale, or humpback whale is
present in the Level B harassment zone, ramping up will be delayed
until the animal(s) leaves the zone. Ramping up will begin only after
the MMO has determined, through sighting, that the animal(s) has moved
outside the harassment zone.
(g) Pile Caps: Pile caps or cushions will be used during all impact
pile-driving activities.
[[Page 79374]]
(h) Standard Mitigation Measures
(i) For in-water heavy machinery work other than pile driving
(e.g., standard barges, tug boats, barge-mounted excavators, or
clamshell equipment used to place or remove material), if a marine
mammal comes within 10 meters, operations shall cease and vessels shall
reduce speed to the minimum level required to maintain steerage and
safe working conditions.
(i) The City shall establish monitoring locations as described
below.
5. Monitoring and Reporting
The holder of this Authorization is required to report all
monitoring conducted under the IHA within 90 calendar days of the
completion of the marine mammal monitoring.
(a) Visual Marine Mammal Monitoring and Observation
(i) At least one individual meeting the minimum qualifications
below will monitor the shutdown zones and Level A and Level B
harassment zones during impact and vibratory pile driving, and down-
hole drilling.
Requirements when choosing MMOs for construction actions are as
follows:
a. Independent observers (i.e., not construction personnel) are
required.
b. At least one observer must have prior experience working as an
observer.
c. Other observers may substitute education (undergraduate degree
in biological science or related field) or training for experience.
d. Where a team of three or more observers are required, one
observer should be designated as lead observer or monitoring
coordinator. The lead observer must have prior experience working as an
observer.
e. We will require submission and approval of observer CVs.
Qualified MMOs are trained biologists, with the following minimum
qualifications:
a. 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
may be necessary to correctly identify the target;
b. Ability to conduct field observations and collect data according
to assigned protocols
c. Experience or training in the field identification of marine
mammals, including the identification of behaviors
d. Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations
e. Writing skills sufficient to prepare a report of observations
including but not limited to the number and species of marine mammals
observed; dates and times when in-water construction activities were
conducted; dates and times when in-water construction activities were
suspended to avoid potential incidental injury from construction sound
of marine mammals observed within a defined shutdown zone; and marine
mammal behavior
f. 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.
(ii) During drilling, pile driving, and extraction, the shutdown
zone, as described in 4(b), will be monitored and maintained. Pile
installation or extraction will not commence or will be suspended
temporarily if any marine mammals are observed within or approaching
the area of potential disturbance.
(iii) The area within the Level B harassment threshold for pile
driving and extraction will be monitored by observers stationed to
provide adequate view of the harassment zone. Marine mammal presence
within this Level B harassment zone, if any, will be monitored. Pile
driving activity will not be stopped if marine mammals are found to be
present. Any marine mammal documented within the Level B harassment
zone would constitute a Level B take (harassment), and will be recorded
and reported as such.
(iv) The individuals will scan the waters within each monitoring
zone activity using binoculars, spotting scopes and visual observation.
(v) If waters exceed a sea-state which restricts the observers'
ability to make observations within the marine mammal shutdown zones
(e.g. excessive wind or fog), in-water construction activities will
cease until conditions allow monitoring to resume.
(vi) The waters will be scanned 30 minutes prior to commencing pile
driving at the beginning of each day, and prior to commencing pile
driving after any stoppage of 30 minutes or greater. If marine mammals
enter or are observed within the designated marine mammal shutdown zone
during or 30 minutes prior to impact pile driving, the monitors will
notify the on-site construction manager to not begin until the animal
has moved outside the designated radius.
(vii) The waters will continue to be scanned for at least 30
minutes after pile driving has completed each day.
(b) Data Collection
(i) Observers are required to use approved data forms. Among other
pieces of information, the City will record detailed information about
any implementation of shutdowns, including the distance of animals to
the pile and description of specific actions that ensued and resulting
behavior of the animal, if any. In addition, the City will attempt to
distinguish between the number of individual animals taken and the
number of incidents of take. At a minimum, the following information be
collected on the sighting forms:
a. Date and time that monitored activity begins or ends;
b. Construction activities occurring during each observation
period;
c. Weather parameters (e.g., percent cover, visibility);
d. Water conditions (e.g., sea state, tide state);
e. Species, numbers, and, if possible, sex and age class of marine
mammals;
f. Description of any observable marine mammal behavior patterns,
including bearing and direction of travel and distance from pile
driving activity;
g. Distance from pile driving activities to marine mammals and
distance from the marine mammals to the observation point;
h. Locations of all marine mammal observations; and
i. Other human activity in the area.
(c) Reporting Measures
(i) In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), the City
would immediately cease the specified activities and immediately report
the incident to the Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, and the Alaska Regional Stranding
Coordinators. The report would include the following information:
a. Time, date, and location (latitude/longitude) of the incident;
b. Name and type of vessel involved;
c. Vessel's speed during and leading up to the incident;
d. Description of the incident;
e. Status of all sound source use in the 24 hours preceding the
incident;
f. Water depth;
g. Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
h. Description of all marine mammal observations in the 24 hours
preceding the incident;
i. Species identification or description of the animal(s) involved;
j. Fate of the animal(s); and
k. Photographs or video footage of the animal(s) (if equipment is
available).
[[Page 79375]]
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS would work with the City to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The City would not be able
to resume their activities until notified by NMFS via letter, email, or
telephone.
(ii) In the event that the City discovers an injured or dead marine
mammal, and the lead MMO 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),
the City would immediately report the incident to the Chief of the
Permits and Conservation Division, Office of Protected Resources, NMFS,
and the Alaska Stranding Hotline and/or by email to the Alaska Regional
Stranding Coordinators. The report would include the same information
identified in the paragraph above. Activities would be able to continue
while NMFS reviews the circumstances of the incident. NMFS would work
with the City to determine whether modifications in the activities are
appropriate.
(iii) In the event that the City discovers an injured or dead
marine mammal, and the lead MMO 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), the City would report the incident
to the Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, and the NMFS Alaska Stranding Hotline and/or
by email to the Alaska Regional Stranding Coordinator, within 24 hours
of the discovery. The City would provide photographs or video footage
(if available) or other documentation of the stranded animal sighting
to NMFS and the Marine Mammal Stranding Network.
6. This Authorization may be modified, suspended or withdrawn if
the holder fails to abide by the conditions prescribed herein, or if
NMFS determines the authorized taking is having more than a negligible
impact on the species or stock of affected marine mammals.
Table 1--Authorized Take Numbers
----------------------------------------------------------------------------------------------------------------
Level B
Species Level A injury harassment Total
takes takes
----------------------------------------------------------------------------------------------------------------
Steller sea lion................................................ 0 480 480
Harbor seal..................................................... 0 48 48
Harbor porpoise................................................. 0 24 24
Dall's porpoise................................................. 0 42 42
Killer whale.................................................... 0 14 14
Humpback whale.................................................. 0 6 6
-----------------------------------------------
Total....................................................... 0 614 614
----------------------------------------------------------------------------------------------------------------
Request for Public Comments
NMFS requests comment on our analysis, the draft authorization, and
any other aspect of the Notice of Proposed IHA for the City's Kodiak
Transient Float Replacement Project. Please include with your comments
any supporting data or literature citations to help inform our final
decision on the City's request for an MMPA authorization.
Dated: November 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-27126 Filed 11-9-16; 8:45 am]
BILLING CODE 3510-22-P