Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 7993 

measures to end overfishing for Gulf of 

Mexico cobia. The Committee will also 

review a white paper on a possible joint 

Spanish Mackerel AP with the Atlantic 

States Marine Fisheries Commission 

and approve agenda items for the next 

meeting of the Mackerel Cobia Advisory 

Panel. 

Snapper Grouper Committee, Tuesday, 

March 2, 2021, 1:30 p.m. until 5:30 p.m. 

and Wednesday, March 3, 2021 from 

8:30 a.m. until 10 a.m. 

The Committee will receive a fishery 

overview and presentation on the recent 

stock assessment for snowy grouper, 

review Amendment 48 to the Snapper 

Grouper FMP addressing Wreckfish ITQ 

Modernization, and review public 

scoping comments and analyses for 

Amendment 50 to the Snapper Grouper 

FMP pertaining to measures to end 

overfishing and revise the rebuilding 

plan for red porgy. The Committee will 

review Amendment 49 to the Snapper 

Grouper FMP addressing catch levels 

and management measures for greater 

amberjack and is scheduled to approve 

the amendment for scoping. 

The Committee will also receive 

updates on regional research projects on 

greater amberjack and red snapper, an 

update from NOAA Fisheries on red 

snapper recreational landings and status 

of the 2021 red snapper season, and 

approve agenda items for the next 

meeting of the Snapper Grouper AP. 

Dolphin Wahoo Committee, 

Wednesday, March 3, 2021, 10 a.m. 

until 12 p.m. and 1:30 p.m. until 3:45 

p.m. 

The Committee will review public 

hearing comments as well as actions 

and alternatives for Amendment 10 to 

the Dolphin Wahoo FMP with actions 

addressing revisions to recreational data 

and catch level recommendations, 

modifications to recreational 

accountability measures, measures to 

allow properly permitted commercial 

vessels with trap, pot or buoy gear on 

board to possess commercial quantities 

of dolphin and wahoo, remove the 

Operator Card requirement, reduce the 

recreational vessel limit for dolphin, 

reduce the recreational bag limit and 

establish a recreational vessel limit for 

wahoo, and allow filleting of dolphin at 

sea on board charter or headboat vessels 

in waters north of the Virginia/North 

Carolina border. The Committee will 

also review the updated goals and 

objectives of the Dolphin Wahoo FMP 

and provide recommendations for 

timing of the next Dolphin Wahoo AP 

meeting. 

Formal Public Comment, Wednesday, 

March 3, 2021, 4 p.m..—Public 

comment will be accepted via webinar 

on all items on the Council meeting 

agenda. Highlighted items: Public 

scoping comments will be accepted 

during this time for Amendment 48 to 

the Snapper Grouper FMP (Wreckfish 

ITQ Modernization) and Framework 

Amendment 10 to the Coastal Migratory 

Pelagics FMP (king mackerel). 

Additionally, the Council is scheduled 

to approve Amendment 49 to the 

Snapper Grouper FMP (greater 

amberjack) for public scoping and 

Amendment 10 to the Coral FMP 

(deepwater shrimp area closures) for 

public hearings. Hearings for Snapper 

Grouper Amendment 49 and Coral 

Amendment 10 will be held at later 

dates. The Council Chair will determine 

the amount of time provided to each 

commenter based on the number of 

individuals wishing to comment. 

SEDAR Committee, Thursday, March 4, 

2021, 8:30 a.m. until 10:30 a.m. 

(Partially Closed Session) 

The Committee will make 

appointments for the SEDAR 79 stock 

assessment for mutton snapper during 

Closed Session. In Open Session, the 

Committee will receive an update on the 

SEDAR 76 stock assessment for South 

Atlantic black sea bass. 

Executive Committee, Thursday, March 

4, 2021, 10:30 a.m. until 12 p.m. 

The Committee will review updates to 

the Council’s Advisory Panel Policy, a 

proposed Council Symposium Series 

addressing various topics, updates to 

the Council’s Handbook and the 

Council’s 2021 Workplan. 

Council Session II, Thursday, March 4, 

2021, 1:30 p.m. until 5 p.m. and Friday, 

March 5, 2021 from 8:30 a.m. until 12 

p.m. 

The Council will receive a report from 

the Executive Director, staff updates on 

development of the Council’s Allocation 

Tool to determine sector allocations, 

Climate Change Scenario Planning and 

the Council’s Citizen Science Program. 

A demonstration of the new Fish Rules 

mobile app for commercial regulations 

will be provided. 

The Council will receive a report from 

the Council’s Recreational Reporting 

Working Group. 

NOAA Fisheries Southeast Fisheries 

Science Center staff will provide an 

update on the pandemic’s impacts on 

sampling and monitoring and a report 

on the status of commercial electronic 

logbooks. NOAA Fisheries Southeast 

Regional Office staff will provide an 

update on the status of For-Hire 

Electronic Reporting and the status of 

their evaluation of bycatch reporting 

efforts in the South Atlantic. The 

Council will also receive a Protected 

Resources report. 

The Council will receive reports from 

the following committees: Law 

Enforcement; Habitat Protection and 

Ecosystem-Based Management; Snapper 

Grouper; Dolphin Wahoo; Mackerel 

Cobia; SEDAR; and Executive. 

The Council will receive agency and 

liaison reports, discuss other business 

and upcoming meetings, and take action 

as necessary. 

Documents regarding these issues are 

available from the Council office (see 

ADDRESSES). 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during these meetings. Action 

will be restricted to those issues 

specifically identified in this notice and 

any issues arising after publication of 

this notice that require emergency 

action under section 305(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the Council’s intent to take final action 

to address the emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for auxiliary aids should be 

directed to the council office (see 

ADDRESSES) 5 days prior to the meeting. 

Note: The times and sequence specified in 

this agenda are subject to change. 

(Authority: 16 U.S.C. 1801 et seq.) 

Dated: January 29, 2021. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–02247 Filed 2–2–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA815] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Naval Base San 

Diego Pier 6 Replacement Project, San 

Diego, California 

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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7994 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

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 

U.S. Navy (Navy) to incidentally harass, 

by Level B harassment only, marine 

mammals during activities associated 

with the Naval Base San Diego Pier 6 

Replacement Project in San Diego, 

California. 

DATES: This Authorization is effective 

from October 1, 2021 through 

September 30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Dwayne Meadows, Ph.D., Office of 

Protected Resources, NMFS, (301) 427– 

8401. Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) 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 

incidental take authorization may be 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The definitions of all applicable 

MMPA statutory terms cited above are 

included in the relevant sections below. 

Summary of Request 

On July 14, 2020, NMFS received an 

application from the Navy requesting an 

IHA to take small numbers of California 

sea lions incidental to pile driving and 

removal associated with the Naval Base 

San Diego Pier 6 Replacement Project. 

The application was deemed adequate 

and complete on November 25, 2020. 

The Navy’s request is for take of a small 

number of California sea lions by Level 

B harassment. Neither the Navy nor 

NMFS expects serious injury or 

mortality to result from this activity 

and, therefore, an IHA is appropriate. 

Description of Proposed Activity 

Overview 

The purpose of the project is to 

remove and replace a decaying and 

inadequate pier for Navy ships. 

Specifically, in-water construction work 

includes removing the existing pier (by 

vibratory pile extraction, water jetting, 

hydraulic underwater chainsaw, direct 

pulling, and/or pile clippers) consisting 

of a total of 1,998 12 to 24-inch piles, 

after removing above water structures 

and utilities. Once demolition has 

opened up space, construction will 

begin in the same location on a new pier 

measuring 37 meters (m) (120 feet (ft)) 

wide by 457 m (1,500 ft) long. New 

construction work involves impact 

driving of 966 piles. This includes 528 

24-inch structural concrete piles, 208 

24-inch concrete fender piles, 4 20-inch 

piles for a load-out ramp, and 226 16- 

inch fiberglass secondary and corner 

fender piles. Pile driving/removal is 

expected to take no more than 250 days. 

Pile driving would be by vibratory pile 

driving until resistance is too great and 

driving would switch to an impact 

hammer. 

A detailed description of the planned 

project is provided in the Federal 

Register notice for the proposed IHA (85 

FR 80027; December 11, 2020). Since 

that time, no changes have been made 

to the planned activities. Therefore, a 

detailed description is not provided 

here. Please refer to that Federal 

Register notice for the description of the 

specific activity. 

Comments and Response 

A notice of NMFS’s proposal to issue 

an IHA to the Navy was published in 

the Federal Register on December 11, 

2020 (85 FR 80027). That notice 

described, in detail, the Navy’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 no public 

comment or comment letter from the 

Marine Mammal Commission. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history, of the potentially 

affected species. Additional information 

regarding population trends and threats 

may be found in NMFS’s Stock 

Assessment Reports (SARs; https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and more 

general information about these species 

(e.g., physical and behavioral 

descriptions) may be found on NMFS’s 

website (https://

www.fisheries.noaa.gov/find-species). 

Table 1 lists all species with expected 

potential for occurrence in the project 

area in San Diego Bay and summarizes 

information related to the population or 

stock, including regulatory status under 

the MMPA and Endangered Species Act 

(ESA) and potential biological removal 

(PBR), where known. For taxonomy, we 

follow Committee on Taxonomy (2020). 

PBR is 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 (as described in NMFS’s 

SARs). While no mortality is anticipated 

or authorized here, PBR and annual 

serious injury and mortality from 

anthropogenic sources are included here 

as gross indicators of the status of the 

species and other threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’s stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’s U.S. Pacific SARs (e.g., Caretta 

et al., 2020). 


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TABLE 1—SPECIES THAT SPATIALLY CO-OCCUR WITH THE ACTIVITY TO THE DEGREE THAT TAKE IS REASONABLY LIKELY

TO OCCUR

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Carnivora—Superfamily Pinnipedia 

Family Otariidae (eared seals and sea lions): 

California Sea Lion .................... Zalophus californianus .............. United States ............................ -, -, N 257,606 (N/A, 233,515, 

2014).

14,011 >321 

1Endangered Species Act (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 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 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual Morality/Serious Injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 

California sea lions (Zalophus 

californianus) spatially co-occur with 

the activity to the degree that take is 

reasonably likely to occur, and we are 

authorizing take of this species. Other 

marine mammal species observed in 

San Diego Bay are the coastal bottlenose 

dolphin (Tursiops truncatus), which is 

regularly seen in the North Bay; Pacific 

harbor seal (Phoca vitulina), which 

frequently enters the North Bay; and 

common dolphins (Delphinus spp.), 

which are rare visitors in the North Bay. 

Gray whales (Eschrichtius robustus) are 

occasionally sighted near the mouth of 

San Diego Bay during their winter 

migration (Naval Facilities Engineering 

Command, Southwest and Port of San 

Diego Bay, 2013). Based on many years 

of observations and numerous Navyfunded surveys in San Diego Bay 

(Merkel and Associates, Inc., 2008; 

Sorensen and Swope, 2010; Graham and 

Saunders, 2014; Tierra Data Inc., 2016), 

these other marine mammals rarely 

occur south of the Coronado Bay Bridge, 

are not known to occur near Naval Base 

San Diego, and any occurrence in the 

project area would be very rare. 

Therefore, while coastal bottlenose 

dolphins, Pacific harbor seals, common 

dolphins, and gray whales have been 

reported in San Diego Bay, they are not 

anticipated to occur in the project area 

and no take of these species is 

anticipated or authorized. 

A detailed description of the of the 

species likely to be affected by the 

Navy’s 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 (85 FR 80027; December 11, 2020); 

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’ website (https://

www.fisheries.noaa.gov/find-species) for 

generalized species accounts. 

Potential Effects of Specified Activities 

on Marine Mammals and their Habitat 

The effects of underwater noise from 

the Navy’s construction activities have 

the potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the survey area. The notice 

of proposed IHA (85 FR 80027; 

December 11, 2020) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from the Navy’s 

construction activities on marine 

mammals and their habitat. That 

information and analysis is incorporated 

by reference into this final IHA 

determination and is not repeated here; 

please refer to the notice of proposed 

IHA (85 FR 80027; December 11, 2020). 

Estimated Take 

This section provides an estimate of 

the number of incidental takes 

authorized through this IHA, which will 

inform both NMFS’ consideration of 

‘‘small numbers’’ and the negligible 

impact determination. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of 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). 

Authorized takes would be by Level B 

harassment, as use of the acoustic 

source (i.e., vibratory or impact pile 

driving) has the potential to result in 

disruption of behavioral patterns for 

individual marine mammals. Based on 

the nature of the activity and the 

anticipated effectiveness of the 

mitigation measures (i.e., shutdown)— 

discussed in detail below in Mitigation 

section, Level A harassment is neither 

anticipated nor authorized. 

As described previously, no mortality 

is anticipated or authorized for this 

activity. Below we describe how the 

take is estimated. 

Generally speaking, we estimate take 

by considering: (1) Acoustic thresholds 

above which marine mammals will be 

behaviorally harassed or incur some 

degree of permanent hearing 

impairment; (2) the area or volume of 

water that will be ensonified above 

these levels in a day; (3) the density or 

occurrence of marine mammals within 

these ensonified areas; and, (4) and the 

number of days of activities. We note 

that while these basic factors can 

contribute to a basic calculation to 

provide an initial prediction of takes, 

additional information that can 

qualitatively inform take estimates is 

also sometimes available (e.g., previous 

monitoring results or average group 

size). Due to the lack of marine mammal 

density, NMFS relied on local 

occurrence data and group size to 

estimate take. Below, we describe the 

factors considered here in more detail 

and present the take estimate. 


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Acoustic Thresholds 

NMFS recommends the use of 

acoustic thresholds that identify the 

received level of underwater sound 

above which exposed marine mammals 

would be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur Permanent 

Threshold Shift (PTS) of some degree 

(equated to Level A harassment). 

Level B Harassment for non-explosive 

sources—Though significantly driven by 

received level, the onset of behavioral 

disturbance from anthropogenic noise 

exposure is also informed to varying 

degrees by other factors related to the 

source (e.g., frequency, predictability, 

duty cycle), the environment (e.g., 

bathymetry), and the receiving animals 

(hearing, motivation, experience, 

demography, behavioral context) and 

can be difficult to predict (Southall et 

al., 2007, Ellison et al., 2012). Based on 

what the available science indicates and 

the practical need to use a threshold 

based on a factor that is both predictable 

and measurable for most activities, 

NMFS uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS predicts that marine 

mammals are likely to be behaviorally 

harassed in a manner we consider Level 

B harassment when exposed to 

underwater anthropogenic noise above 

received levels of 120 decibel (dB) re 1 

microPascal (mPa) (root mean square 

(rms)) for continuous (e.g., vibratory 

pile-driving) and above 160 dB re 1 mPa 

(rms) for non-explosive impulsive (e.g., 

impact pile driving) or intermittent (e.g., 

scientific sonar) sources. 

The Navy’s proposed activity includes 

the use of continuous (vibratory piledriving, water jetting, chainsaw and pile 

clippers) and impulsive (impact piledriving) sources, and therefore the 120 

and 160 dB re 1 mPa (rms) thresholds are 

applicable. However, as discussed 

above, the Navy has established that the 

ambient noise in the project area is 126 

dB re 1 mPa (rms). Since this is louder 

than the 120 dB threshold for 

continuous sources, 126 dB becomes the 

effective threshold for Level B 

harassment for continuous sources. 

Level A harassment for non-explosive 

sources—NMFS’ Technical Guidance 

for Assessing the Effects of 

Anthropogenic Sound on Marine 

Mammal Hearing (Version 2.0) 

(Technical Guidance, 2018) identifies 

dual criteria to assess auditory injury 

(Level A harassment) to five different 

marine mammal groups (based on 

hearing sensitivity) as a result of 

exposure to noise from two different 

types of sources (impulsive or nonimpulsive). The Navy’s activity includes 

the use of impulsive (impact piledriving) and non-impulsive (vibratory 

pile driving/removal and other removal 

methods) sources. 

These thresholds are provided in 

Table 2. The references, analysis, and 

methodology used in the development 

of the thresholds are described in NMFS 

2018 Technical Guidance, which may 

be accessed at https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-acoustic-technical-guidance. 

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset acoustic thresholds * 

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans ........ Cell 1 Lpk,flat: 219 dB LE,LF,24h: 183 dB ......................................................... Cell 2 LE,LF,24h: 199 dB. 

Mid-Frequency (MF) Cetaceans ........ Cell 3 Lpk,flat: 230 dB LE,MF,24h: 185 dB ........................................................ Cell 4 LE,MF,24h: 198 dB. 

High-Frequency (HF) Cetaceans ....... Cell 5 Lpk,flat: 202 dB LE,HF,24h: 155 dB ........................................................ Cell 6 LE,HF,24h: 173 dB. 

Phocid Pinnipeds (PW) (Underwater) Cell 7 Lpk,flat: 218 dB LE,PW,24h: 185 dB ........................................................ Cell 8 LE,PW,24h: 201 dB. 

Otariid Pinnipeds (OW) (Underwater) Cell 9 Lpk,flat: 232 dB LE,OW,24h: 203 dB ....................................................... Cell 10 LE,OW,24h: 219 dB. 

* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should 

also be considered. 

Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. 

In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure 

is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being 

included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated 

with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF 

cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level 

thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for 

action proponents to indicate the conditions under which these acoustic thresholds will be exceeded. 

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that will feed into identifying the area 

ensonified above the acoustic 

thresholds, which include source levels 

and transmission loss coefficient. 

The sound field in the project area is 

the existing background noise plus 

additional construction noise from the 

proposed project. Marine mammals are 

expected to be affected via sound 

generated by the primary components of 

the project (i.e., impact pile driving, 

vibratory pile removal, water jetting, 

pile clippers and underwater 

chainsaws). 

Vibratory hammers produce constant 

sound when operating, and produce 

vibrations that liquefy the sediment 

surrounding the pile, allowing it to 

penetrate to the required seating depth 

or be withdrawn more easily. An impact 

hammer is a steel device that works like 

a piston, producing a series of 

independent strikes to drive the pile. 

Impact hammering typically generates 

the loudest noise associated with pile 

installation. The actual durations of 

each installation method vary 

depending on the type and size of the 

pile. 

In order to calculate distances to the 

Level A harassment and Level B 

harassment sound thresholds for piles of 

various sizes being used in this project, 

NMFS used acoustic monitoring data 

from other locations to develop source 

levels for the various pile types, sizes 

and methods (see Table 3). Data for the 

removal methods including water 

jetting, pile clippers and underwater 

chainsaws come from data gathered at 

other nearby Navy projects in San Diego 

Bay (NAVFAC SW, 2020), the source 

levels used are from the averages of the 

maximum source levels measured, a 

somewhat more conservative measure 

than the median sound levels we 

typically use. 


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TABLE 3—PROJECT SOUND SOURCE LEVELS

Pile driving activity Estimated sound source level at 

10 meters without attenuation Data source and proxy 

Method Pile type dB RMS dB SEL dB peak 

Vibratory Extraction ....... 12-inch timber/plastic .... 152 .................. .................. Greenbusch Group (2018). 

20 and 24-inch concrete 160 .................. .................. Caltrans (2015), Table I.2–2, 24-inch steel sheet. 

16-inch steel .................. 160 .................. .................. Caltrans (2015), Table I.2–2, 24-inch steel sheet. 

Water Jetting .................. 20-inch concrete ............ 158 .................. .................. NAVFAC SW (2020), 24 × 30-inch concrete. 

Underwater Chainsaw ... 12 to 24-inch concrete .. 150 .................. .................. NAVFAC SW (2020), 16-inch concrete.* 

Small Pile Clipper .......... 12-inch timber/plastic .... 154 .................. .................. NAVFAC SW (2020), 13-inch polycarbonate. 

Large Pile Clipper .......... 20-inch concrete ............ 161 .................. .................. NAVFAC SW (2020), 24-inch concrete. 

Impact Hammer ............. 20 and 24-inch concrete 176 166 188 Caltrans (2015), Table I.2–1, 24-inch concrete. 

16-inch fiberglass .......... 153 ** 144 ** 177 Caltrans (2015), 13-inch plastic. 

Note: SEL = single strike sound exposure level; dB peak = peak sound level; rms = root mean square. 

* Source level was 147 dB at 17m from source, back calculated to 150dB using transmission loss coefficient of 15. 

** Average of the peak values was 166 and that value was used in modelling in Dell’Osto and Dahl (2019) rather than the absolute peak we 

recommend for use in the user spreadsheet, SEL calculated from assumed strike rate in Dell’Osto and Dahl (2019). 

During pile driving installation 

activities, there may be times when two 

pile extraction methods (pile clippers, 

water jetting, underwater chainsaws or 

vibratory pile removal) are used 

simultaneously. The likelihood of such 

an occurrence is anticipated to be 

infrequent, will depend on the specific 

methods chosen by the contractor, and 

would be for short durations on that 

day. In-water pile removal occurs 

intermittently, and it is common for 

removal to start and stop multiple times 

as each pile is adjusted and its progress 

is measured. Moreover, the Navy has 

multiple options for pile removal 

depending on the pile type and 

condition, sediment, and how stuck the 

pile is, etc. When two continuous noise 

sources, such as pile clippers, have 

overlapping sound fields, there is 

potential for higher sound levels than 

for non-overlapping sources. When two 

or more pile removal methods (pile 

clippers, water jetting, underwater 

chainsaws or vibratory pile removal) are 

used simultaneously, and the sound 

field of one source encompasses the 

sound field of another source, the 

sources are considered additive and 

combined using the following rules (see 

Table 4): For addition of two 

simultaneous methods, the difference 

between the two sound source levels 

(SSLs) is calculated, and if that 

difference is between 0 and 1 dB, 3 dB 

are added to the higher SSL; if 

difference is between 2 or 3 dB, 2 dB are 

added to the highest SSL; if the 

difference is between 4 to 9 dB, 1 dB is 

added to the highest SSL; and with 

differences of 10 or more dB, there is no 

addition (NMFS 2018b; WSDOT 2018). 

TABLE 4—RULES FOR COMBINING SOUND LEVELS GENERATED DURING PILE REMOVAL

Difference in 

SSL Level A zones Level B zones 

0 or 1 dB .......... Add 3 dB to the higher source level ......................................... Add 3 dB to the higher source level. 

2 or 3 dB .......... Add 2 dB to the higher source level ......................................... Add 2 dB to the higher source level. 

4 to 9 dB .......... Add 1 dB to the higher source level ......................................... Add 1 dB to the higher source level. 

10 dB or more .. Add 0 dB to the higher source level ......................................... Add 0 dB to the higher source level.

Source: Modified from USDOT 1995, WSDOT 2018, and NMFS 2018b. 

Note: dB = decibels; SSL = sound source level. 

There is also the possibility that 

impact installation of piles could 

happen simultaneously with any of the 

non-impulsive removal methods over 

large portions of the project as described 

above. On days when this occurs the 

Level A harassment zones would be 

based on the zones calculated for impact 

pile driving while the Level B 

harassment zone would be the largest of 

the zones for whatever construction 

methods are being used that day. 

Level B Harassment Zones 

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 * Log10 (R1/R2), where 

TL = transmission loss in dB 

B = transmission loss coefficient; for practical 

spreading equals 15 

R1 = the distance of the modeled SPL from 

the driven pile, and 

R2 = the distance from the driven pile of the 

initial measurement 

The recommended TL coefficient for 

most nearshore environments is the 

practical spreading value of 15. This 

value results in an expected propagation 

environment that would lie between 

spherical and cylindrical spreading loss 

conditions, which is the most 

appropriate assumption for the Navy’s 

proposed activity in the absence of 

specific modelling. For this project 

however, the Navy did model sound 

propagation for the impact and vibratory 

hammering methods (Dall’Osto and 

Dahl 2019). For all other pile removal 

methods we used the practical 

spreading value. 

The Navy determined underwater 

noise would fall below the behavioral 

effects threshold of 126 dB rms for 

marine mammals at distances of less 

than 10 to 7,140 m depending on the 

pile type(s) and methods (Table 5). It 

should be noted that based on the 

bathymetry and geography of San Diego 

Bay, sound will not reach the full 

distance of the Level B harassment 

isopleths in all directions. Because the 

Navy’s as yet unhired contractor has not 


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decided which of the various pile 

removal methods it will use, we only 

calculate a worst-case scenario of 

simultaneous operation of two of the 

loudest sound producing methods (large 

pile clippers) to consider the largest 

possible harassment zones for 

simultaneous pile removal. 

TABLE 5—LEVEL A AND LEVEL B ISOPLETHS FOR EACH PILE DRIVING TYPE AND METHOD

Pile driving activity Radial distance or maximum 

modeled length × width (m) 

Method Pile type Level A Level B 

Vibratory Extraction ........................................................ 12-inch timber/plastic ..................................................... < 10 2167 × 1065 

20 and 24-inch concrete ................................................ < 10 6,990 × 1,173 

16-inch steel ................................................................... < 10 7,140 × 1,595 

Water Jetting ................................................................... 20-inch concrete ............................................................. < 10 1359 

Underwater Chainsaw .................................................... 12 to 24-inch concrete ................................................... < 10 398 

Small Pile Clipper ........................................................... 12-inch timber/plastic ..................................................... < 10 736 

Large Pile Clipper ........................................................... 20 to 24-inch concrete ................................................... < 10 2154 

Two Large Pile Clippers ................................................. 20 to 24-inch concrete ................................................... < 10 3415 

Impact Hammer .............................................................. 20 and 24-inch concrete ................................................ < 10 192 

16-inch fiberglass ........................................................... < 10 < 10 

Level A Harassment Zones 

When the NMFS Technical Guidance 

(2016) was published, in recognition of 

the fact that ensonified area/volume 

could be more technically challenging 

to predict because of the duration 

component in the new thresholds, we 

developed a User Spreadsheet that 

includes tools to help predict a simple 

isopleth that can be used in conjunction 

with marine mammal density or 

occurrence to help predict takes. We 

note that because of some of the 

assumptions included in the methods 

used for these tools, we anticipate that 

isopleths produced are typically going 

to be overestimates of some degree, 

which may result in some degree of 

overestimate of take by Level A 

harassment. However, these tools offer 

the best way to predict appropriate 

isopleths when more sophisticated 3D 

modeling methods are not available, and 

NMFS continues to develop ways to 

quantitatively refine these tools, and 

will qualitatively address the output 

where appropriate. For stationary 

sources such as impact/vibratory pile 

driving or removal using any of the 

methods discussed above, NMFS User 

Spreadsheet predicts the closest 

distance at which, if a marine mammal 

remained at that distance the whole 

duration of the activity, it would not 

incur PTS. 

As discussed above, the Navy 

modelled sound propagation for impact 

and vibratory hammering of piles 

(Dall’Osto and Dahl 2019) and used 

those models to calculate Level A 

harassment isopleths. For all other pile 

removal methods we used the User 

Spreadsheet to determine the Level A 

harassment isopleths. Inputs used in the 

User Spreadsheet or models are reported 

in Table 6 and the resulting isopleths 

are reported in Table 6 for each of 

construction methods. 

TABLE 6—NMFS TECHNICAL GUIDANCE USER SPREADSHEET INPUT TO CALCULATE LEVEL A ISOPLETHS FOR A

COMBINATION OF PILE DRIVING

Pile driving activity Radial distance or maximum modeled 

length × width (m) 

Method Pile type Piles per day Strikes per pile/duration 

to drive a single pile 

Vibratory Extraction ............................................... 12-inch timber/plastic ........................................... 8 10 min 

20 and 24-inch concrete ...................................... 8 10 min 

16-inch steel ......................................................... 8 10 min 

Water Jetting ......................................................... 20-inch concrete ................................................... 8 20 min 

Underwater Chainsaw ........................................... 12 to 24-inch concrete ......................................... 8 10 min 

Small Pile Clipper .................................................. 12-inch timber/plastic ........................................... 8 10 min 

Large Pile Clipper ................................................. 20-inch concrete ................................................... 8 10 min 

Impact Hammer ..................................................... 20 and 24-inch concrete ...................................... 7 600 strikes 

16-inch fiberglass ................................................. 7 600 strikes 

The above input scenarios lead to PTS 

isopleth distances (Level A thresholds) 

of less than 10 m for all methods and 

piles (Table 5). 

Marine Mammal Occurrence and Take 

Calculation and Estimation 

In this section we provide the 

information about the presence, density, 

or group dynamics of marine mammals 

that will inform the take calculations. 

Here we describe how the information 

provided above is brought together to 

produce a quantitative take estimate. 

No California sea lion density 

information is available for south San 

Diego Bay. Potential exposures to 

impact and vibratory pile driving noise 

for each threshold for California sea 

lions were estimated using data 

collected during a 2010 survey as 

reported in Sorensen and Swope (2010). 

During this survey two separate sea 

lions were observed in the project area. 

The available survey data from 

Sorenson and Swope (2010) and other 

unpublished monitoring data from 

recent nearby projects on Naval Base 

San Diego suggests two California sea 

lions could be present each day in the 

project area. However given the limited 

data available and the more northerly 

location of this project relative to the 


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recent dry dock project (https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-us-navyfloating-dry-dock-project-naval-basesan-diego) where we estimate two 

California sea lions per day, to be 

conservative, we have estimated four 

California sea lions could be present 

each day. As noted above, there are 250 

days of in-water work for this project. 

Multiplication of the above estimate of 

animals per day (4) times the days of 

work (250) results in a Level B 

harassment take of 1000 California sea 

lions (Table 7). The Navy intends to 

avoid Level A harassment take by 

shutting down activities if a California 

sea lion approaches within 20 m of the 

project site, which encompasses all 

Level A harassment ensonification 

zones. Therefore, no take by Level A 

harassment is anticipated or authorized. 

TABLE 7—AUTHORIZED AMOUNT OF TAKING, BY LEVEL A HARASSMENT AND LEVEL B HARASSMENT, BY SPECIES AND

STOCK AND PERCENT OF TAKE BY STOCK

Species 

Authorized take Percent of 

stock Level B Level A 

California sea lion (Zalophus californianus) U.S. Stock .............................................................. 1,000 0 0.4 

Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, we carefully consider two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned), the 

likelihood of effective implementation 

(probability implemented as planned); 

and 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost, 

impact on operations, and, in the case 

of a military readiness activity, 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the military readiness 

activity. 

The following mitigation measures are 

in the IHA: 

• For in-water heavy machinery work 

other than pile driving, 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. This type of work could 

include the following activities: (1) 

Movement of the barge to the pile 

location; or (2) positioning of the pile on 

the substrate via a crane (i.e., stabbing 

the pile); 

• Conduct briefings between 

construction supervisors and crews and 

the marine mammal monitoring team 

prior to the start of all pile driving 

activity and when new personnel join 

the work, to explain responsibilities, 

communication procedures, marine 

mammal monitoring protocol, and 

operational procedures; 

• For those marine mammals for 

which Level B harassment take has not 

been requested, in-water pile 

installation/removal will shut down 

immediately if such species are 

observed within or entering the Level B 

harassment zone; and 

• If take reaches the authorized limit 

for an authorized species, pile 

installation will be stopped as these 

species approach the Level B 

harassment zone to avoid additional 

take. 

The following mitigation measures 

would apply to the Navy’s in-water 

construction activities. 

• Establishment of Shutdown 

Zones—The Navy will establish 

shutdown zones for all pile driving and 

removal activities. The purpose of a 

shutdown zone is generally to define an 

area within which shutdown of the 

activity would occur upon sighting of a 

marine mammal (or in anticipation of an 

animal entering the defined area). 

Shutdown zones typically vary based on 

the activity type and marine mammal 

hearing group (Table 4). In this case 

there is only one species affected and all 

level A harassment isopleths are less 

than 10 m radius. To be conservative, 

the Navy will establish a 20 m 

shutdown zone for all pile driving or 

removal activities. 

• The placement of Protected Species 

Observers (PSOs) during all pile driving 

and removal activities (described in 

detail in the Monitoring and Reporting 

section) will ensure that the entire 

shutdown zone is visible during pile 

installation. Should environmental 

conditions deteriorate such that marine 

mammals within the entire shutdown 

zone would not be visible (e.g., fog, 

heavy rain), pile driving and removal 

must be delayed until the PSO is 

confident marine mammals within the 

shutdown zone could be detected. 

• Monitoring for Level B 

Harassment—The Navy will monitor 

the Level A and B harassment zones. 

Monitoring zones provide utility for 

observing by establishing monitoring 

protocols for areas adjacent to the 

shutdown zones. Monitoring zones 

enable observers to be aware of and 

communicate the presence of marine 

mammals in the project area outside the 

shutdown zone and thus prepare for a 

potential halt of activity should the 

animal enter the shutdown zone. 

Placement of PSOs will allow PSOs to 

observe marine mammals within the 

Level B harassment zones. 

• Pre-activity Monitoring—Prior to 

the start of daily in-water construction 

activity, or whenever a break in pile 

driving/removal of 30 minutes or longer 

occurs, PSOs will observe the shutdown 

and monitoring zones for a period of 30 

minutes. The shutdown zone will be 

considered cleared when a marine 


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mammal has not been observed within 

the zone for that 30-minute period. If a 

marine mammal is observed within the 

shutdown zone, a soft-start cannot 

proceed until the animal has left the 

zone or has not been observed for 15 

minutes. When a marine mammal for 

which Level B harassment take is 

authorized is present in the Level B 

harassment zone, activities may begin 

and Level B harassment take will be 

recorded. If the entire Level B 

harassment zone is not visible at the 

start of construction, pile driving 

activities can begin. If work ceases for 

more than 30 minutes, the pre-activity 

monitoring of the shutdown zones will 

commence. 

• Soft Start—Soft-start procedures are 

believed to provide additional 

protection to marine mammals by 

providing warning and/or giving marine 

mammals a chance to leave the area 

prior to the impact hammer operating at 

full capacity. For impact pile driving, 

contractors will be required to provide 

an initial set of three strikes from the 

hammer at reduced energy, followed by 

a 30-second waiting period. This 

procedure will be conducted three times 

before impact pile driving begins. Soft 

start will be implemented at the start of 

each day’s impact pile driving and at 

any time following cessation of impact 

pile driving for a period of 30 minutes 

or longer. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

NMFS has determined that the 

mitigation measures provide the means 

effecting the least practicable impact on 

the affected 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 IHA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104 (a)(13) indicate that 

requests for authorizations 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. Effective 

reporting is critical both to compliance 

as well as ensuring that the most value 

is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

Marine mammal monitoring must be 

conducted in accordance with the 

Monitoring Plan and section 5 of the 

IHA. Marine mammal monitoring 

during pile driving and removal must be 

conducted by NMFS-approved PSOs in 

a manner consistent with the following: 

• Independent PSOs (i.e., not 

construction personnel) who have no 

other assigned tasks during monitoring 

periods must be used; 

• At least one PSO must have prior 

experience performing the duties of a 

PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization. 

• Other PSOs may substitute 

education (degree in biological science 

or related field) or training for 

experience; 

• Where a team of three or more PSOs 

are required, a lead observer or 

monitoring coordinator must be 

designated. The lead observer must have 

prior experience performing the duties 

of a PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization; and 

• The Navy must submit PSO 

Curriculum Vitae for approval by NMFS 

prior to the onset of pile driving. 

PSOs must have the following 

additional qualifications: 

• Ability to conduct field 

observations and collect data according 

to assigned protocols; 

• Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

• Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

• 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, times, 

and reason for implementation of 

mitigation (or why mitigation was not 

implemented when required); and 

marine mammal behavior; and 

• 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. 

Up to four PSOs will be employed. 

PSO locations will provide an 

unobstructed view of all water within 

the shutdown zone, and as much of the 

Level A and Level B harassment zones 

as possible. PSO locations are as 

follows: 

(1) At the pile driving/removal site or 

best vantage point practicable to 

monitor the shutdown zones; 

(2) For activities with Level B 

harassment zones larger than 400 m two 

additional PSO locations will be used. 

One will be across from the project 

location along Inchon Road at Naval 

Amphibious Base Coronado; and 

(3) Two additional PSOs will be 

located in a small boat. The boat will 

conduct a pre-activity survey of the 

entire monitoring area prior to in-water 

construction. The boat will start from 

south of the project area (where 

potential marine mammal occurrence is 

lowest) and proceed to the north. When 

the boat arrives near the northern 

boundary of the Level B harassment 

zone (e.g., just north of the western side 

of the Coronado Bridge as depicted in 

the Figures in the monitoring plan) it 

will set up station so the PSOs are best 

situated to detect any marine mammals 

that may approach from the north. The 

two PSOs aboard will split monitoring 

duties in order to monitor a 360 degree 

sweep around the vessel with each PSO 

responsible for 180 degrees of 

observable area. 


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Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after pile driving/removal activities. In 

addition, 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 or 

removed. Pile driving activities include 

the time to install or remove a single 

pile or series of piles, as long as the time 

elapsed between uses of the pile driving 

or drilling equipment is no more than 

30 minutes. 

Hydroacoustic Monitoring and 

Reporting 

The Navy has volunteered to conduct 

hydroacoustic monitoring of all pile 

driving and removal methods. Data will 

be collected for a representative number 

of piles (three to five) for each 

installation or removal method. As part 

of the below-mentioned report, or in a 

separate report with the same timelines 

as above, the Navy will provide an 

acoustic monitoring report for this work. 

Hydroacoustic monitoring results can be 

used to adjust the size of the Level B 

harassment and monitoring zones after 

a request is made and approved by 

NMFS. The acoustic monitoring report 

must, at minimum, include the 

following: 

• Hydrophone equipment and 

methods: recording device, sampling 

rate, distance (m) from the pile where 

recordings were made; depth of 

recording device(s); 

• Type of pile being driven or 

removed, substrate type, method of 

driving or removal during recordings; 

• For impact pile driving: Pulse 

duration and mean, median, and 

maximum sound levels (dB re: 1mPa): 

SELcum, peak sound pressure level 

(SPLpeak), and single-strike sound 

exposure level (SELs-s); 

• For vibratory removal and other 

non-impulsive sources: Mean, median, 

and maximum sound levels (dB re: 

1mPa): Root mean square sound pressure 

level (SPLrms), SELcum; and 

• Number of strikes (impact) or 

duration (vibratory or other nonimpulsive sources) per pile measured, 

one-third octave band spectrum and 

power spectral density plot. 

Reporting 

A draft marine mammal monitoring 

report will be submitted to NMFS 

within 90 days after the completion of 

pile driving and removal activities, or 

60 days prior to a requested date of 

issuance of any future IHAs for projects 

at the same location, whichever comes 

first. The report will include an overall 

description of work completed, a 

narrative regarding marine mammal 

sightings, and associated PSO data 

sheets. Specifically, the report must 

include: 

• Dates and times (begin and end) of 

all marine mammal monitoring; 

• Construction activities occurring 

during each daily observation period, 

including how many and what type of 

piles were driven or removed and by 

what method (i.e., impact or vibratory 

and if other removal methods were 

used); 

• Weather parameters and water 

conditions during each monitoring 

period (e.g., wind speed, percent cover, 

visibility, sea state); 

• The number of marine mammals 

observed, by species, relative to the pile 

location and if pile driving or removal 

was occurring at time of sighting; 

• Age and sex class, if possible, of all 

marine mammals observed; 

• PSO locations during marine 

mammal monitoring; 

• Distances and bearings of each 

marine mammal observed to the pile 

being driven or removed for each 

sighting (if pile driving or removal was 

occurring at time of sighting); 

• Description of any marine mammal 

behavior patterns during observation, 

including direction of travel and 

estimated time spent within the Level A 

and Level B harassment zones while the 

source was active; 

• Number of individuals of each 

species (differentiated by month as 

appropriate) detected within the 

monitoring zone; 

• Detailed information about any 

implementation of any mitigation 

triggered (e.g., shutdowns and delays), a 

description of specific actions that 

ensued, and resulting behavior of the 

animal, if any; and 

• Description of attempts to 

distinguish between the number of 

individual animals taken and the 

number of incidences of take, such as 

ability to track groups or individuals. 

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 

addressing NMFS comments must be 

submitted within 30 days after receipt of 

comments. 

Reporting Injured or Dead Marine 

Mammals 

In the event that personnel involved 

in the construction activities discover 

an injured or dead marine mammal, the 

Navy shall report the incident to the 

Office of Protected Resources (OPR), 

NMFS and to the regional stranding 

coordinator as soon as feasible. If the 

death or injury was clearly caused by 

the specified activity, the Navy must 

immediately cease the specified 

activities until NMFS is able to review 

the circumstances of the incident and 

determine what, if any, additional 

measures are appropriate to ensure 

compliance with the terms of the IHA. 

The IHA-holder must not resume their 

activities until notified by NMFS. The 

report must include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and 

• General circumstances under which 

the animal was discovered. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

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 

(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., populationlevel 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’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any responses (e.g., intensity, 

duration), the context of any responses 

(e.g., critical reproductive time or 

location, migration), as well as effects 

on habitat, and the likely effectiveness 

of the mitigation. We also assess the 

number, intensity, and context of 

estimated takes by evaluating this 

information relative to population 

status. Consistent with the 1989 

preamble for NMFS’s implementing 

regulations (54 FR 40338; September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the environmental baseline 

(e.g., as reflected in the regulatory status 

of the species, population size and 

growth rate where known, ongoing 


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sources of human-caused mortality, or 

ambient noise levels). 

Pile driving activities have the 

potential to disturb or displace marine 

mammals. Specifically, the project 

activities may result in take, in the form 

of Level B harassment from underwater 

sounds generated from pile driving and 

removal. Potential takes could occur if 

individuals are present in the ensonified 

zone when these activities are 

underway. 

The takes from Level B harassment 

would be due to potential behavioral 

disturbance, TTS, and PTS. No 

mortality is anticipated given the nature 

of the activity and measures designed to 

minimize the possibility of injury to 

marine mammals. The potential for 

harassment is minimized through the 

construction method and the 

implementation of the planned 

mitigation measures (see Mitigation 

section). 

The nature of the pile driving project 

precludes the likelihood of serious 

injury or mortality. Take would occur 

within a limited, confined area (southcentral San Diego Bay) of the stock’s 

range. Level B harassment will be 

reduced to the level of least practicable 

adverse impact through use of 

mitigation measures described herein. 

Further the amount of take authorized is 

extremely small when compared to 

stock abundance. 

Behavioral responses of marine 

mammals to pile driving at the project 

site, if any, are expected to be mild and 

temporary. Marine mammals within the 

Level B harassment zone may not show 

any visual cues they are disturbed by 

activities (as noted during modification 

to the Kodiak Ferry Dock (see 80 FR 

60636, October 7, 2015) or could 

become alert, avoid the area, leave the 

area, or display other mild responses 

that are not observable such as changes 

in vocalization patterns. Given the short 

duration of noise-generating activities 

per day and that pile driving and 

removal would occur across six months, 

any harassment would be temporary. 

There are no other areas or times of 

known biological importance for any of 

the affected species. 

In addition, it is unlikely that minor 

noise effects in a small, localized area of 

habitat would have any effect on the 

stocks’ ability to recover. 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 activities will have only 

minor, short-term effects on individuals. 

The specified activities are not expected 

to impact rates of recruitment or 

survival and will therefore not result in 

population-level impacts. 

In summary and as described above, 

the following factors primarily support 

our determination that the impacts 

resulting from this activity are not 

expected to adversely affect the species 

or stock through effects on annual rates 

of recruitment or survival: 

• No mortality or Level A harassment 

is anticipated or authorized; 

• No important habitat areas have 

been identified within the project area; 

• For all species, San Diego Bay is a 

very small and peripheral part of their 

range; 

• The Navy would implement 

mitigation measures such as vibratory 

driving piles to the maximum extent 

practicable, soft-starts, and shut downs; 

and 

• Monitoring reports from similar 

work in San Diego Bay have 

documented little to no effect on 

individuals of the same species 

impacted by the specified activities. 

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 proposed activity 

will have a negligible impact on all 

affected marine mammal species or 

stocks. 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under section 101(a)(5)(D) of the MMPA 

for specified activities other than 

military readiness activities. The MMPA 

does not define small numbers and so, 

in practice, where estimated numbers 

are available, NMFS compares the 

number of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The amount of take NMFS authorizes 

is below one third of the estimated stock 

abundance of California sea lions (in 

fact, take of individuals is less than 1% 

of the abundance of the affected stock). 

This is likely a conservative estimate 

because they assume all takes are of 

different individual animals which is 

likely not the case. Some individuals 

may return multiple times in a day, but 

PSOs would count them as separate 

takes if they cannot be individually 

identified. 

Based on the analysis contained 

herein of the proposed activity 

(including the mitigation and 

monitoring measures) and the 

anticipated take of marine mammals, 

NMFS finds that small numbers of 

marine mammals will be taken relative 

to the population size of the affected 

species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

IHA) with respect to potential impacts 

on the human environment. This action 

is consistent with categories of activities 

identified in Categorical Exclusion B4 

(IHAs with no anticipated serious injury 

or mortality) of the Companion Manual 

for NOAA Administrative Order 216– 

6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has determined that the issuance 

of the IHA qualifies to be categorically 

excluded from further NEPA review. 

Endangered Species Act 

Section 7(a)(2) of the ESA (16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally, in this 

case with the West Coast Region 

Protected Resources Division Office, 

whenever we propose to authorize take 

for endangered or threatened species. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8003 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

Authorization 

NMFS has issued an IHA to the Navy 

for the potential harassment of small 

numbers of one marine mammal species 

incidental to the Naval Base San Diego 

Pier 6 Replacement project in San 

Diego, CA, provided the previously 

mentioned mitigation, monitoring and 

reporting requirements are followed. 

Dated: January 27, 2021. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–02244 Filed 2–2–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA834] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council’s Summer 

Flounder, Scup, and Black Sea Bass 

Advisory Panel will hold a public 

webinar meeting, jointly with the 

Atlantic States Marine Fisheries 

Commission’s Summer Flounder, Scup, 

and Black Sea Bass Advisory Panel. 

DATES: The meeting will be held on 

Tuesday, March 23, 2021, from 10 a.m. 

until 12 p.m. 

ADDRESSES: The meeting will be held 

via webinar, which can be accessed at: 

http://mafmc.adobeconnect.com/fsb-apmar-2021/. Meeting audio can be 

accessed via telephone by dialing 1– 

800–832–0736 and entering room 

number 4472108. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N. State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council’s 

Summer Flounder, Scup, and Black Sea 

Bass Advisory Panel will meet via 

webinar jointly with the Atlantic States 

Marine Fisheries Commission’s Summer 

Flounder, Scup, and Black Sea Bass 

Advisory Panel. The purpose of this 

meeting is for the Advisory Panels to 

review public comments received on the 

Summer Flounder, Scup, Black Sea Bass 

Commercial/Recreational Allocation 

Amendment and to provide 

recommendations on the Council and 

Commission’s selection of preferred 

alternatives for final action. More 

information on the amendment is 

available at: http://www.mafmc.org/ 

actions/sfsbsb-allocation-amendment. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to 

Kathy Collins, (302) 526–5253, at least 

5 days prior to the meeting date. 

(Authority: 16 U.S.C. 1801 et seq.) 

Dated: January 29, 2021. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–02245 Filed 2–2–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA844] 

Fisheries of the US Caribbean; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 80 Life History 

Topical Working Group Webinar I for 

U.S. Caribbean Queen Triggerfish. 

SUMMARY: The SEDAR 80 stock 

assessment of U.S. Caribbean queen 

triggerfish will consist of a series of data 

webinars. See SUPPLEMENTARY

INFORMATION. 

DATES: The SEDAR 80 Life History 

Topical Working Group Webinar I will 

be held from 9 a.m. to 11 a.m. Eastern, 

March 10, 2021. 

ADDRESSES:

Meeting address: The meeting will be 

held via webinar. The webinar is open 

to members of the public. Those 

interested in participating should 

contact Julie A. Neer at SEDAR (see FOR

FURTHER INFORMATION CONTACT) to 

request an invitation providing webinar 

access information. Please request 

webinar invitations at least 24 hours in 

advance of each webinar. 

SEDAR address: 4055 Faber Place 

Drive, Suite 201, North Charleston, SC 

29405. 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Neer, SEDAR Coordinator; (843) 571– 

4366; Email: Julie.neer@safmc.net 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a multistep process including: (1) Data 

Workshop; (2) Assessment Process 

utilizing webinars; and (3) Review 

Workshop. The product of the Data 

Workshop is a data report that compiles 

and evaluates potential datasets and 

recommends which datasets are 

appropriate for assessment analyses. 

The product of the Assessment Process 

is a stock assessment report that 

describes the fisheries, evaluates the 

status of the stock, estimates biological 

benchmarks, projects future population 

conditions, and recommends research 

and monitoring needs. The assessment 

is independently peer reviewed at the 

Review Workshop. The product of the 

Review Workshop is a Summary 

documenting panel opinions regarding 

the strengths and weaknesses of the 

stock assessment and input data. 

Participants for SEDAR Workshops are 

appointed by the Gulf of Mexico, South 

Atlantic, and Caribbean Fishery 

Management Councils and NOAA 

Fisheries Southeast Regional Office, 

HMS Management Division, and 

Southeast Fisheries Science Center. 

Participants include data collectors and 

database managers; stock assessment 

scientists, biologists, and researchers; 

constituency representatives including 

fishermen, environmentalists, and 

NGO’s; International experts; and staff 

of Councils, Commissions, and state and 

federal agencies. 

The items of discussion in the 

webinar are as follows: 

• Participants will discuss and make 

recommendations regarding what life 

history data may be included in the 

assessment of U.S. Caribbean queen 

triggerfish. 

Although non-emergency issues not 

contained in this agenda may come 


jbell on DSKJLSW7X2PROD with NOTICES