[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10885-10897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03139]
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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; issuance of an Incidental Harassment Authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the City of Kodiak (the City) to incidentally harass, by Level B
harassment only, marine mammals during construction activities
associated with pile driving and removal and down hole drilling
activities in Kodiak, Alaska.
DATES: This Authorization is effective from January 1, 2017 through
December 31, 2017.
FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
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 (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. This
memo, along with the City's application, and other supporting documents
can be found on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.
The City will conduct in-water construction work (i.e., pile
driving and removal) that may incidentally harass marine mammals. The
activity may occur between January 1, 2017 and December 31, 2017, with
restrictions on impact driving between May 1, 2017 and June 30, 2017.
Activities included as part of the 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 plans to replace its existing transient float located in
Kodiak's Near Island Channel. The 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 planned 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. A detailed description of the planned Project
is provided in the Federal Register notice for the proposed IHA (81 FR
79350; November 10, 2016). Since that time, no changes have been made
to the planned Project activities. Therefore, a detailed description is
not provided here. Please refer to that Federal Register notice for the
description of the specific activity.
[[Page 10886]]
Dates and Duration
Pile installation and extraction associated with the 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 planned 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 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 planned 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 planned transient float project will require an estimated
58 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 will 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 4 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 2 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 will 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 will be
used to confirm that piles are 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.
[[Page 10887]]
Table 1--Estimated Number of Hours Planned 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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Comments and Responses
A notice of NMFS's proposal to issue an IHA to the City was
published in the Federal Register on November 10, 2016 (81 FR 79350).
That notice described, in detail, the City's activity, the marine
mammal species that may be affected by the activity, and the
anticipated effects on marine mammals. During the 30-day public comment
period, NMFS received comments from the Marine Mammal Commission. The
Marine Mammal Commission recommended that NMFS issue the IHA, subject
to inclusion of the proposed mitigation, monitoring, and reporting
measures.
Description of Marine Mammals in the Area of the Specified Activity
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. Steller sea lion, harbor seal, harbor porpoise, Dall's
porpoise, killer whale, and humpback whale, are the species that
regularly occur or that may occur in the project area. A detailed
description of the species likely to be affected by the Project,
including brief introductions to the species and relevant stocks as
well as available information regarding population trends and threats,
and information regarding local occurrence, were provided in the
Federal Register notice for the proposed IHA (81 FR 79350; November 10,
2016). Since that time, we are not aware of any changes in the status
of these species and stocks; therefore, detailed descriptions are not
provided here. Please refer to that Federal Register notice for these
descriptions. Please also refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for generalized species accounts.
Table 2--Marine Mammal Species Potentially Present in the Project Area
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Stock abundance (CV,
ESA/MMPA status; Nmin, most recent Relative occurrence in
Species Stock Strategic (Y/N) \1\ abundance survey) PBR \3\ Kodiak
\2\
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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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)
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Family Delphinidae (dolphins)
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Killer whale...................... Eastern North Pacific -: N................. 2,347 (n/a; 2,347; 23.4................... Common.
Alaska Resident. 2012).
Eastern North Pacific -: N................. 587 (n/a; 587; 2012) 5.9.................... Common.
Gulf of AK, Aleutian
Islands, and Bering
Sea Transient.
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Balaenopteridae
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Humpback whale.................... Central North Pacific n/a \4\; S........... 10, 103 (0.300; 83..................... Rare.
7,890; 2006).
Western North Pacific n/a \4\; S........... 1,107 (0.300; 865; 3...................... Rare.
2006).
Fin whale......................... Northeast Pacific.... E/D; S............... n/a (n/a; n/a; 2010) undet.................. Rare.
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[[Page 10888]]
Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Eschrichtiidae
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Grey whale........................ Eastern North Pacific -: N................. 20,990 (0.05; 624.................... Rare.
20,125; 2011).
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Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and sea lions)
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Steller sea lion.................. wDPS................. E/D; S............... 49,497 (n/a; 49,497; 297.................... Common.
2014).
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Order Carnivora--Superfamily Pinnipedia
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Family Phocidae (earless seals)
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Harbor seal....................... South Kodiak......... -; N................. 19,199 (n/a; 17,479; 314.................... Common.
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 specie's (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.
Potential Effects of the Specified Activity on Marine Mammals and Their
Habitat
The effects of underwater noise from construction activities for
the Project have the potential to result in behavioral harassment of
marine mammals in the vicinity of the action area. The Federal Register
notice for the proposed IHA (81 FR 79350; November 10, 2016) included a
discussion of the effects of anthropogenic noise on marine mammals,
therefore that information is not repeated here; please refer to the
Federal Register notice for that information.''
Effects on Marine Mammal Habitat
The primary 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. The Project would not result in permanent impacts to habitats
used directly by marine mammals, such as haulout sites, but may have
potential short-term impacts to food sources and minor impacts to the
immediate substrate during installation and removal of piles during the
Project. These potential effects are discussed in detail in the Federal
Register notice for the proposed IHA (81 FR 79350; November 10, 2016),
therefore that information is not repeated here; please refer to that
Federal Register notice for that information.
Mitigation Measures
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, ``and other means of effecting the least practicable 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 Project, the City worked with NMFS on the following
mitigation measures to minimize the 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 will 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
[[Page 10889]]
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 large cetaceans (e.g. killer whales, humpback whales)
or 15 minutes for small cetaceans (e.g. Dall's and harbor porpoise) and
pinnipeds. 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 will 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 will be completed without cessation, unless
the animal approaches or enters the shutdown zone, at which point all
pile driving activities will 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) 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 sound pressure levels (SPL) equal or exceed acoustic
injury criteria, with the purpose being to define an area within which
shutdown of activity will 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 will be rounded to the nearest 10 or 100 m to be
more conservative (Table 3). Isopleths for impact driving have been
updated from the proposed IHA due to changes in the values used in the
user spreadsheet (pulse duration changed from 0.05 to 0.1, and the
duration was changed from hours per day to number of piles per day). As
a precautionary measure, intended to reduce the unlikely possibility of
injury from direct physical interaction with construction operations,
the City will 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): 100m 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).
[[Page 10890]]
Table 3--Injury Zones and Shutdown Zones for Hearing Groups for Each Construction Method
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Low-frequency Mid-frequency High-frequency Phocid Otariid
Hearing group cetaceans cetaceans cetaceans pinnipeds pinnipeds
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Vibratory installation/extraction \1\
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PTS Isopleth to threshold (m)...................................... 7.1 (8) 1.4 (2) 9.3 (10) 5.1 (6) 0.8 (1)
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Down-hole drilling \2\
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PTS Isopleth to threshold (m)...................................... 71.7 (100) 7.3 (8) 64.6 (100) 43.7 (100) 5.5 (6)
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Impact driving \3\
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PTS Isopleth to threshold (m)...................................... 23.1 (25) 2.0 (2) 26.2 (30) 14.5 (15) 2.1 (3)
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Shutdown zone (m).................................................. 100 * 10 100 50 * 10
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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 will 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 meter.
\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 one meter.
\3\ For impact driving, SL is 205.9, weighting function is two, duration is 6 piles per day, pulse duration is 0.1, TL is 20.3log R, strikes per pile is
five, and distance from the source is one meter.
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 SPLs
equal or exceed 120 decibels (dB) root mean square (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
will 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 down-hole
drilling, it is impossible to guarantee that all animals will 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) will 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.
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 6,846 (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).
Time Restrictions--Work will 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 observe time restrictions on 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.
Mitigation 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 mitigation measures
and considered a range of other measures in the context of ensuring
that NMFS prescribes the means of effecting the least practicable
impact on the affected marine mammal species and stocks and their
habitat. Our evaluation of the mitigation measures included
[[Page 10891]]
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 will 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 mitigation measures and
other measures considered by NMFS, we have determined that the
mitigation measures provide the means of effecting the least
practicable impact on marine mammals species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
Monitoring and Reporting
In order to issue an Incidental Take Authorization (ITA) for an
activity, section 101(a)(5)(D) of the MMPA states that NMFS must set
forth, ``requirements pertaining to the monitoring and reporting of
such taking.'' The MMPA implementing regulations at 50 CFR 216.104
(a)(13) indicate that requests for ITAs must include the suggested
means of accomplishing the necessary monitoring and reporting that will
result in increased knowledge of the species and of the level of taking
or impacts on populations of marine mammals that are expected to be
present in the 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.
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, Temporary Threshold Shift (TTS), or Permanent Threshold
Shift (PTS);
3. An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
[ssquf] Behavioral observations in the presence of stimuli compared
to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Physiological measurements in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
[ssquf] Distribution and/or abundance comparisons in times or areas
with concentrated stimuli versus times or areas without stimuli;
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 MMOs 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
will implement similar procedures as those described in the Mitigation
Measures 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
[[Page 10892]]
Other human activity in the area.
Reporting Measures
The City will provide NMFS with a draft monitoring report within 90
days of the conclusion of the 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,
such as serious injury or mortality (e.g., ship-strike, gear
interaction, and/or entanglement), the City will 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 will
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 will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with the City to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The City will 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 will 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 will include the same information identified in the
paragraph above. Activities will be able to continue while NMFS reviews
the circumstances of the incident. NMFS will 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 will 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 will 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 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 will 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
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
[[Page 10893]]
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 disruption for impulse noise 160 dB RMS
(e.g., impact pile driving).
Level B harassment...................... Behavioral disruption for non-pulse noise 120 dB RMS
(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 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 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
project area
Land forms across the channel that will block the noise from
spreading
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 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
kilometers (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 source level
(SL) of 183.8 dB rms at one meter. Down-hole drilling had a measured SL
of 192.5 dB at one meter. Impact pile driving had a measured SL of
205.9 at one meter.
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:
Where
TL = B * log 10 (R 1/R 2),
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 Zone of Influence ZOIs will be rounded up to
the nearest 10, 100, or 1,000 meters 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 A and
Level B harassment zones are illustrated respectively in Figures 15-17
in the City's application.
[[Page 10894]]
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 will 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 will 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. Note that impact driving is likely to
occur only on days when vibratory driving occurs.
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 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 will be in
effect for all construction methods, thereby eliminating the potential
for Level A harassment. No 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, 6 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 will authorize 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 will 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
[[Page 10895]]
Dall's porpoise usually form small groups between 2 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 will authorize 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 will 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 7 individuals. NMFS estimates that a pod
of 7 individual whales may enter the project area on half of the days
during the 12 days of pile installation and removal. NMFS therefore
will authorize 42 Level B takes (7 killer whales / visit * 6 days) of
killer whales by exposure to underwater noise over the duration of
construction activities. This increased from the proposed IHA after
reconsideration of how often this species may be in the action area,
which may be more often than suggested in the proposed IHA. 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
will 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 will therefore authorize six Level
B takes (Table 6). Because humpback whales are rare in the area, and
there will 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 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 42 42
Humpback whale.................................................. 0 6 6
-----------------------------------------------
Total....................................................... 0 642 642
----------------------------------------------------------------------------------------------------------------
Analysis and Determinations
Negligible Impact
Negligible impact is ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival'' (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of 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 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
[[Page 10896]]
small band extending out to Woody Island. Actions covered under the
Authorization 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 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 action area. The project activities will not
modify existing marine mammal habitat, nor will they result in the
destruction or adverse modification of critical habitat designated for
any threatened or endangered species. 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, and 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. The use of seal bombs requires appropriate permits
from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sound
levels produced by seal bombs are well above levels that are known to
cause TTS (temporary loss of hearing), and PTS (partial or full loss of
hearing) in marine mammals (Wynne 2014).
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 possible that these sea lions are also
hearing-impaired or deaf due to seal bombs, although no studies have
been published to confirm this. 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.
However, there will be a minimum 10 m shutdown for all pile driving, to
avoid additional exposure.
Effects on individuals that are taken by Level B harassment, on the
basis of 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
will 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 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 monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the City's
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 B harassment for the work
at the transient float project site. Our analysis shows that between <1
percent--7.16 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 are 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.
[[Page 10897]]
Table 7--Estimated Numbers and Percentage of Stock That May be Exposed to Level B Harassment
----------------------------------------------------------------------------------------------------------------
Stock Percentage of
Species Authorized 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): 42
Eastern North Pacific Alaska Resident stock................. .............. 2,347 1.79
Eastern North Pacific Gulf of Alaska, Aleutian Islands, and .............. 587 7.16
Bering Sea stock...........................................
Humpback whale (Megaptera novaeangliae): 6
Central North Pacific Stock................................. .............. 10,103 0.06
Western North Pacific Stock................................. .............. 1,107 0.54
----------------------------------------------------------------------------------------------------------------
Based on the analysis contained herein NMFS finds that small
numbers of marine mammals will be taken relative to the populations of
the affected species or stocks.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
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
nautical miles 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 transient float replacement
project activities.
The City contacted the Alaska Harbor Seal Commission and the
Steller sea lion Commission. Neither Commission had concerns about the
impacts of this activity on native Alaska subsistence hunts.
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 western North Pacific (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 Steller sea lion haulouts closest
to the project area: Long Island and Cape Chiniak, which are
approximately 4.6 nautical miles (8.5 kilometers) and 13.8 nautical
miles (25.6 kilometers) away from the project site, respectively. There
are no rookeries within 20 miles of the project location. The NMFS
Alaska Regional Office Protected Resources Division issued a Biological
Opinion on February 7, 2017 under Section 7 of the ESA, on the issuance
of an IHA to the City under section 101(a)(5)(D) of the MMPA by the
NMFS Permits and Conservation Division. The Biological Opinion
concluded that the action is not likely to jeopardize the continued
existence of western DPS Steller sea lions or the Mexico DPSs of
humpback whales, and is not likely to destroy or adversely modify
western DPS Steller sea lion critical habitat.
National Environmental Policy Act (NEPA)
NMFS prepared an EA and analyzed the potential impacts to marine
mammals that would result from the City's construction project. A
Finding of No Significant Impact (FONSI) was signed in February 2017. A
copy of the EA and Finding of No Significant Impact (FONSI) is
available upon request (see ADDRESSES).
Dated: February 13, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2017-03139 Filed 2-15-17; 8:45 am]
BILLING CODE 3510-22-P