8598 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 

Dated: February 2, 2021. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–02467 Filed 2–5–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Return Link Service Authorization in 

the United States Search and Rescue 

Region 

AGENCY: National Environmental 

Satellite, Data, and Information Service 

(NESDIS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice and request for public 

comment. 

SUMMARY: The U.S. Search and Rescue 

Satellite Aided Tracking (SARSAT) 

Program, which is managed by NOAA 

and assisted by the National 

Aeronautics and Space Administration, 

the U.S. Air Force, and the U.S. Coast 

Guard, requests input from all interested 

persons on the U.S. authorization of 

Return Link Service (RLS) 

acknowledgment Type 1 capable 

Cospas-Sarsat 406 MHz distress 

beacons. Through this Request for 

Information (RFI), the SARSAT Program 

seeks the public’s views on the 

inclusion of this optional feature on 

U.S. country-coded beacons. 

DATES: Comments must be received by 

April 30, 2021. 

ADDRESSES: Responses should be 

submitted via email to sarsat.rls.rfi@

noaa.gov. Include ‘‘Public Comment on 

type approval of RLS beacons’’ in the 

subject line of the message. All personal 

identifying information (e.g., name, 

address, etc.), confidential business 

information, or otherwise sensitive 

information submitted voluntarily by 

the sender will be publicly accessible. 

NOAA will accept anonymous 

comments. Clearly indicate which 

question or subject, if applicable, 

submitted comments pertain to. All 

submissions must be in English. Please 

note that the U.S. Government will not 

pay for response preparation, or for the 

use of any information contained in the 

response. 

Instructions: Respondents need not 

reply to any or all of the questions 

listed. Email attachments will be 

accepted in plain text, Microsoft Word, 

or Adobe PDF formats only. Each 

individual or institution is requested to 

submit only one response. The SARSAT 

Program may post responses to this RFI, 

without change, on a Federal website. 

NOAA, therefore, requests that no 

business proprietary information, 

copyrighted information, or personally 

identifiable information be submitted in 

response to this RFI. 

FOR FURTHER INFORMATION CONTACT: 

SARSAT Program Analyst, Mr. Allan 

Knox, NOAA, allan.knox@noaa.gov, 

301–817–4144. 

SUPPLEMENTARY INFORMATION: 

Background 

The RLS is being provided via the 

Galileo Global Navigation Satellite 

System and is designed to provide the 

beacon user in distress an 

acknowledgment message informing 

them that the alert has been detected 

and located by the Cospas-Sarsat 

System. 

The SARSAT Program has 

commenced an effort to understand the 

benefits and associated risks of RLS 

Type 1 equipped beacons and is 

soliciting the public through this RFI to 

obtain input from a wider range of 

stakeholders, including academia, 

private industry, beacon users and other 

relevant organizations and institutions. 

The public input provided in response 

to this RFI will help inform the 

SARSAT Program as it evaluates the 

authorization of RLS Type 1 equipped 

beacons within the United States. 

In depth information on RLS Type 1 

equipped beacons can be found at: 

https://www.gsc-europa.eu/sites/ 

default/files/sites/all/files/Galileo-SARSDD.pdf. 

Additional information on RLSenabled beacons may be viewed at: 

https://cospas-sarsat.int/en/beaconownership/rls-enabled-beaconpurchase. 

Questions To Inform U.S. SARSAT 

Program Regarding Authorization of 

Type 1 RLS Cospas-Sarsat Distress 

Beacons 

Please consider the following 

questions of interest to the SARSAT 

Program when responding: 

1. Under nominal conditions, the RLS 

has an inherent period of time between 

beacon activation and the 

acknowledgement being received and 

displayed to the person in distress. This 

period of time should be within 30 

minutes. Is this acceptable? If not, what 

is an acceptable time? 

2. What is the best method to ensure 

the user understands that there is a 

period of time before the 

acknowledgement message is received? 

Please consider that the user’s first 

interaction with an RLS capable beacon 

could be an emergency situation where 

only the beacon is available (no user 

manual). 

3. RLS only indicates that the distress 

signal has been received, not that rescue 

forces have been deployed. Therefore, 

the acknowledgement message is not an 

indication of when rescue forces may 

arrive on scene. How should the beacon 

user be provided this information so 

that they understand what the RLS 

signal means? Please consider that the 

user’s first interaction with an RLS 

capable beacon could be an emergency 

situation where only the beacon is 

available (no user manual). 

4. There are several RLS related 

message indications that can be 

displayed to the beacon user; RLS signal 

sent from beacon, awaiting RLS signal 

return, RLS response received, RLS 

signal not received, etc. Which signals 

should be displayed to the user and how 

should they be displayed? Please 

consider the user’s first interaction with 

an RLS capable beacon could be an 

emergency situation where only the 

beacon is available (no user manual). 

5. Are there any other features you 

believe would be advantageous to add to 

406 MHz emergency beacons? 

6. Are there any other comments you 

would like the U.S. SARSAT Program to 

consider? 

Authority: 33 U.S.C. 883(d) and (e). 

Dated: February 3, 2021. 

Mark W. Turner, 

SARSAT Program Manager. 

[FR Doc. 2021–02509 Filed 2–5–21; 8:45 am] 

BILLING CODE 3510–HR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA829] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Washington 

State Department of Transportation 

Purdy Bridge Rehabilitation Project, 

Pierce County, WA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

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 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 8599 

Washington State Department of 

Transportation (WADOT) to 

incidentally harass, by Level B 

harassment only, marine mammals 

during construction activities associated 

with a Purdy Bridge Rehabilitation 

Project in Pierce County, WA. 

DATES: This Authorization is effective 

from July 16, 2021 through February 15, 

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 27, 2020, NMFS received an 

application from WADOT requesting an 

IHA to take small numbers of six species 

of marine mammals incidental to pile 

driving and removal associated with the 

Purdy Bridge Rehabilitation Project. The 

application was deemed adequate and 

complete on December 1, 2020. 

WADOT’s request is for take of a small 

number of each species by Level B 

harassment. Neither WADOT nor NMFS 

expects serious injury or mortality to 

result from this activity and, therefore, 

an IHA is appropriate. 

Description of Specified Activity 

Overview 

The purpose of the project is to 

rehabilitate the 2 in-water support piers 

of the State Route 302 Purdy Bridge by 

removing the top 3 inches (7.5 

centimeter (cm)) of decaying concrete 

on each support pier and replacing with 

fiberglass reinforced concrete. Twenty 

steel H piles and 44 sheetpiles will be 

driven to create a caisson-like 

dewatered structures around the bridge 

piers to allow the work to be completed. 

Once the work on the piers is completed 

the piles will be removed. A needle gun 

will be used to remove 3 inches (7.5 cm) 

of decayed concrete from the two inwater bridge piers. Pile driving/removal 

and concrete removal is expected to take 

no more than 20 days. Pile driving/ 

removal would be by vibratory pile 

driving. A detailed description of the 

planned project is provided in the 

Federal Register notice for the proposed 

IHA (85 FR 81886; December 17, 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 WADOT was published in the 

Federal Register on December 17, 2020 

(85 FR 81886). That notice described, in 

detail, WADOT’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 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 or Alaska SARs 

(e.g., Caretta et al., 2020; Muto 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 Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) 

Family Eschrichtiidae: 

Gray Whale ......................... Eschrichtius robustus ..... Eastern North Pacific ................ -, -, N 26,960 (0.05, 25,849, 2016) ..... 801 138 

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises) 

Family Delphinidae: 

Short-beaked Common Dolphin.Delphinus delphis ........... California/Oregon/Washington .. -, -, N 969,861 (0.17, 839,325, 2014) 8393 >40 

Family Phocoenidae (porpoises): 

Harbor porpoise .................. Phocoena phocoena ...... Washington Inland Waters ....... -, -, N 11,233 (0.37, 8,308, 2015) ....... 66 ≥7.2 

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 

Steller Sea Lion .................. Eumetopias jubatus ........ Eastern DPS ............................. -, -, N 43,201 a (see SAR, 43,201, 

2017).

2592 112 

Family Phocidae (earless seals): 

Harbor Seal ........................ Phoca vitulina ................. Southern Puget Sound ............. -, -, N UNK (UNK, UNK, 1999) ........... UND 3.4 

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. UNK –Unknown, UND—Undetermined. 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 Mortality/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. 

Harbor seal, California sea lion, and 

Harbor porpoise spatially co-occur with 

the activity to the degree that take is 

reasonably likely to occur, and we have 

authorized it. For gray whale, Steller sea 

lion, and short-beaked common 

dolphin, occurrence is such that take is 

possible, and we have authorized it. 

Transient killer whales (Orcinus orca) 

spatially co-occur with the activity to 

the degree that take is possible, while 

Southern Resident killer whales and 

humpback whales (Megaptera 

novaeangliae) are very rare visitors to 

the area. Work will be shutdown if any 

of these species approach the Level B 

harassment zone, so take is not 

requested for these species and they are 

not further discussed. 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 (85 FR 81886; December 17, 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 

WADOT’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 81886; 

December 17, 2020) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from the WADOT’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 81886; December 17, 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 pile driving/ 

removal and needle gun) 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 not authorized. 

As described previously, no mortality 

is authorized for this activity. Below we 

describe how the take is estimated. 

Generally speaking, we estimate take 

by considering: (1) Acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 8601 

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). Below, we 

describe the factors considered here in 

more detail and present the take 

estimate. 

The effect of needle guns is unclear as 

we have not recently authorized take by 

this method in these circumstances. 

Given the relatively low source level for 

needle guns and small ensonified areas 

discussed below, there is some 

uncertainty about whether take will 

occur from this activity. However, in 

consideration of the applicant’s request 

and the predicted source levels, we 

conservatively authorize some take for 

this project. 

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). 

Thresholds have also been developed 

identifying the received level of in-air 

sound above which exposed pinnipeds 

would likely be behaviorally harassed. 

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. For in-air 

sounds, NMFS predicts that harbor seals 

exposed above received levels of 90 dB 

re 20 mPa (rms) will be behaviorally 

harassed, and other pinnipeds will be 

harassed when exposed above 100 dB re 

20 mPa (rms). 

WADOT’s proposed activity includes 

the use of continuous (vibratory piledriving and removal in water and 

needle guns in air) sources, and 

therefore the 120 dB re 1 mPa (rms) 

threshold is applicable in water and the 

pinniped thresholds are applicable in 

air. 

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). WADOT’s activity includes 

the use of non-impulsive (vibratory pile 

driving/removal) 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) 

Non-impulsive 

Low-Frequency (LF) Cetaceans ..................................................................................................... Cell 2: LE,LF,24h: 199 dB. 

Mid-Frequency (MF) Cetaceans ..................................................................................................... Cell 4: LE,MF,24h: 198 dB. 

High-Frequency (HF) Cetaceans .................................................................................................... Cell 6: LE,HF,24h: 173 dB. 

Phocid Pinnipeds (PW) (Underwater) ............................................................................................. Cell 8: LE,PW,24h: 201 dB. 

Otariid Pinnipeds (OW) (Underwater) ............................................................................................. Cell 10: LE,OW,24h: 219 dB. 

Note: 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). 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., vibratory pile driving 

and removal and needle guns). 

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. 

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 

activities being used in this project, 

NMFS used acoustic monitoring data 

from other locations to develop source 

levels or the various pile types, sizes 

and methods (see Table 3). Source levels 

for the 48-inch sheetpiles come from the 


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Caltrans compendium (2015) 

measurements of 24-inch steel 

sheetpiles supported by acoustic data 

from another project in Seattle, 

Washington that used 48-inch steel 

sheetpiles (Greenbusch Group, 2015), 

while the source data for H piles comes 

from the Caltrans (2015) compendium. 

Needle guns can produce sounds up to 

112 dbA (OSHA, 2020) and we use that 

as the source level for that activity. 

TABLE 3—PROJECT SOUND SOURCE LEVELS

Method Pile type Estimated noise 

level Source 

Vibratory Driving/Removal .................................... 48-inch sheet ......... 165 dBRMS ............. CALTRANS 2015, Greenbusch Group 2015. 

Vibratory Driving/Removal .................................... 12-inch H pile ......... 150 dBRMS ............. CALTRANS 2015. 

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

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 WADOT’s 

proposed activity in the absence of 

specific modelling. 

Using the equation above, underwater 

noise is predicted to fall below the 

behavioral effects threshold of 120 dB 

rms for marine mammals at distances of 

1,000 or 10,000 m depending on the pile 

type(s) and methods (Table 4). It should 

be noted that based on the geography of 

Henderson Bay, sound will not reach 

the full distance of the Level B 

harassment isopleths in most directions. 

In-air needle gun noise is predicted to 

reach the phocid (harbor seal) threshold 

(90 dB) at 192 meters (629 feet), and the 

otariid threshold (100 dB) at 60 meters 

(200 feet). 

TABLE 4—LEVEL A AND LEVEL B HARASSMENT ISOPLETHS (m) FOR EACH PILE TYPE AND HEARING GROUP

Pile type 

Level A harassment 

Level B 

Low harassment 

frequency 

Mid 

frequency 

High 

frequency Otariid Phocid 

Sheet ........................................................ 31.8 2.8 47 19.3 1.4 10,000 

H pile ........................................................ 3.2 0.3 4.7 1.9 0.1 1,000 

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 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. Inputs used in the User 

Spreadsheet are reported in Table 5 and 

the resulting isopleths are reported in 

Table 4 for each of the work scenarios. 

Note that while the inputs for driving 

and removal of each type of pile are 

different, the resulting isopleths are the 

same because the total time per day 

(number of piles per day times minutes 

per pile) of pile driving is identical. 

Therefore Table 4 includes only a single 

row for each pile type. The above input 

scenarios lead to PTS isopleth distances 

(Level A thresholds) of less than 1 m to 

47 m. 

The Level A harassment zones 

identified in Table 4 are based upon an 

animal exposed to pile driving multiple 

piles per day. Considering duration of 

driving or removing each pile (up to 30 

minutes) and breaks between pile 

installations (to reset equipment and 

move pile into place), this means an 

animal would have to remain within the 

small area estimated to be ensonified 

above the Level A harassment threshold 

for multiple hours. This is highly 

unlikely given marine mammal 

movement throughout the area. 


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TABLE 5—NMFS TECHNICAL GUIDANCE USER SPREADSHEET INPUT TO CALCULATE LEVEL A ISOPLETHS FOR A

COMBINATION OF PILE DRIVING

Method Pile type Source level 

(db RMS) 

Minutes 

per pile Piles per day 

Vibratory Driving .............................................................................................. Sheet ............. 165 30 8 

Vibratory Driving .............................................................................................. H pile ............. 150 30 8 

Vibratory Removal ........................................................................................... Sheet ............. 165 15 16 

Vibratory Removal ........................................................................................... H pile ............. 150 15 16 

Note: Transmission Loss for all methods is 15 LogR and the weighting factor adjustment is 2.5. 

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. 

The main source of density information 

for the area is the U.S. Navy’s database 

used to establish baseline density 

estimates for their construction and 

testing and training activities in Puget 

Sound (U.S. Navy, 2019). The Navy 

database includes seasonal estimates of 

abundance where available and 

appropriate. Where such estimates 

existed, we used the larger density 

estimate for the fall or summer seasons, 

when this project is scheduled to occur. 

These density estimates are shown in 

Table 6. No density estimates exist for 

the rarer short-beaked common dolphin 

so we used more qualitative data on 

observations from The Whale Museum’s 

sightings database and project specific 

report to WADOT (TWM, 2020). 

TABLE 6—DENSITY OF MARINE MAMMALS USED TO CALCULATE EXPECTED TAKE

Species Density 

#/km2

Harbor seal ................................... 3.91 

California sea lion ......................... 0.2211 

Steller sea lion .............................. 0.0478 

Gray whale ................................... 0.000086 

Short-beaked common dolphin .... (*) 

Harbor porpoise ............................ 0.86 

* See text, no density estimate exists for 

short-beaked common dolphins. 

Here we describe how the information 

provided above is brought together to 

produce a quantitative take estimate. 

Given the geography of the project area, 

the area ensonified when driving or 

removing H piles is 1.36 square 

kilometers (km2) 0.53 square miles 

(mi2)), the area ensonified when driving 

or removing sheetpiles is 17.9 km2 (6.9 

mi2), and the area ensonified when 

using the needle gun is 0.06 km2 (0.023 

mi2) for phocids and 0.01 km2 (0.004 

mi2) for otariids. As noted above, there 

will be a total of 5 days driving or 

removing H piles, 9 days driving or 

removing sheetpiles, and 6 days of using 

the needle gun. For species with density 

estimates, the estimated take is 

calculated as the sum of the density 

times the area and days for each pile 

type/activity with the results for each 

activity added to give a total estimated 

take. Additional qualitative factors may 

be considered for species with small 

estimated take calculations (see below). 

Take by Level B harassment is 

authorized and summarized in Table 7. 

Gray Whale 

The Navy Marine Species Density 

Database (U.S. Navy 2019) estimates the 

density of gray whales in the Henderson 

Bay area as 0.000086/km2. Based on this 

density estimate, the following number 

of gray whales may be present in the 

Level B harassment zones: 

H piles: 0.000086/km2 * 1.36 km2 * 5 

days = 0.0005848 

Sheetpiles: 0.000086/km2 * 17.9 km2 * 

9 days = 0.0138546 

Total Estimated Take = 0.014 animals 

The total represents less than one gray 

whale. In the event an individual enters 

the area and remains for some time and 

is harassed on multiple days, we are 

authorizing Level B harassment of 10 

gray whales. Because the Level A 

harassment zones are relatively small 

and we believe the PSO will be able to 

effectively monitor the Level A 

harassment zones, we do not authorize 

take by Level A harassment of gray 

whales. 

Short-Beaked Common Dolphin 

As mentioned above, the Navy Marine 

Species Density Database (U.S. Navy 

2019) does not provide an estimate of 

density of short-beaked common 

dolphins in the Henderson Bay area. 

The Whale Museum data indicate that 

common dolphins have been 

documented in waters adjacent to the 

project (TWM, 2020). Nearly all 

sightings were in 2016 and 2017 

pointing out the variability and 

uncertainty of their presence. Shortbeaked common dolphins often occur in 

groups; for the Puget Sound data groups 

consisted of no more than five 

individuals (Orca Network. 2020). Due 

to the low likelihood of occurrence an 

expectation of one group of five animals 

in the large level B harassment zone for 

sheetpiles per day is a reasonable 

representation of occurrence. With 9 

days of sheetpiling maximum this 

equates to 45 level B takes. Because of 

the smaller size of the Level B 

harassment zones for the H piles, we 

expect that one group of five animals 

over the course of the 5 work days with 

H piles is a reasonable representation of 

occurrence. We are thus authorizing 

Level B harassment of 50 short-beaked 

common dolphins. Because the Level A 

harassment zones are relatively small 

and we believe the PSO will be able to 

effectively monitor the Level A 

harassment zones, we do not authorize 

take by Level A harassment of shortbeaked common dolphins. 

Harbor Porpoise 

The Navy Marine Species Density 

Database (U.S. Navy 2019) estimates the 

density of harbor porpoise in the 

Henderson Bay area as 0.86/km2. Based 

on this density estimate, the following 

number of harbor porpoises may be 

present in the Level B harassment 

zones: 

H piles: 0.86/km2 * 1.36 km2 * 5 days 

= 5.848 

Sheetpiles: 0.86/km2 * 17.9 km2 * 9 

days = 138.546 

Total Estimated Take = 144.4 animals 

We are authorizing Level B 

harassment of 145 harbor porpoises. 

Because the Level A harassment zones 

are relatively small and we believe the 

PSO will be able to effectively monitor 

the Level A harassment zones, we do 

not authorize take by Level A 

harassment of harbor porpoises. 

California Sea Lion 

The Navy Marine Species Density 

Database (U.S. Navy 2019) estimates the 

density of California sea lions in the 

Henderson Bay area as 0.2211/km2. 

Based on this density estimate, the 

following number of California sea lions 

may be present in the Level B 

harassment zones: 

H piles: 0.2211/km2 * 1.36 km2 * 5 days 

= 1.503 


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Sheetpiles: 0.2211/km2 * 17.9 km2 * 9 

days = 35.619 

Needle gun: 0.2211/km2 * 0.01 km2 * 6 

days = 0.013 

Total Estimated Take = 37.14 animals 

We are authorizing Level B 

harassment of 38 California sea lions. 

Because the Level A harassment zones 

are relatively small and we believe the 

PSO will be able to effectively monitor 

the Level A harassment zones, we do 

not authorize take by Level A 

harassment of California sea lions. 

Steller Sea Lion 

The Navy Marine Species Density 

Database (U.S. Navy 2019) estimates the 

density of Steller sea lions in the 

Henderson Bay area as 0.0478/km2. 

Based on this density estimate, the 

following number of Steller sea lions 

may be present in the Level B 

harassment zones: 

H piles: 0.0478/km2 * 1.36 km2 * 5 days 

= 0.325 

Sheetpiles: 0.0478/km2 * 17.9 km2 * 9 

days = 7.70 

Needle gun: 0.0478/km2 * 0.01 km2 * 6 

days = 0.007 

Total Estimated Take = 8.03 animals 

We are authorizing for Level B 

harassment of nine Steller sea lions. 

Because the Level A harassment zones 

are relatively small and we believe the 

PSO will be able to effectively monitor 

the Level A harassment zones, we do 

not authorize take by Level A 

harassment of Steller sea lions. 

Harbor Seal 

The Navy Marine Species Density 

Database (U.S. Navy 2019) estimates the 

density of harbor seal in the Henderson 

Bay area as 3.91/km2. Based on this 

density estimate, the following number 

of harbor seals may be present in the 

Level B harassment zones: 

H piles: 3.91/km2 * 1.36 km2 * 5 days 

= 26.588 

Sheetpiles: 3.91/km2 * 17.9 km2 * 9 

days = 629.901 

Needle gun: 3.91/km2 * 0.06 km2 * 6 

days = 1.408 

Total Estimated Take = 657.9 animals 

We are authorizing for Level B 

harassment of 658 harbor seals. Because 

the Level A harassment zones are 

relatively small and we believe the PSO 

will be able to effectively monitor the 

Level A harassment zones, we do not 

authorize take by Level A harassment of 

Steller sea lions. 

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 Take request Percent of 

stock 

Harbor seal .............................................................................................................................................................. 658 (*) 

California sea lion .................................................................................................................................................... 38 < 0.1 

Steller sea lion ......................................................................................................................................................... 9 < 0.1 

Gray whale ............................................................................................................................................................... 10 0.4 

Short-beaked common dolphin ................................................................................................................................ 50 < 0.1 

Harbor porpoise ....................................................................................................................................................... 145 1.3 

* There is no official estimate of stock size for this stock. 

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/removal (e.g., 

standard barges, etc.), and for needle 

gun work, 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 or around 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/ 

removal 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/removal will be stopped as 

these species approach the Level B 

harassment zone to avoid additional 

take. 

The following mitigation measures 

would apply to WADOT’s in-water 

construction activities. 


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• Establishment of Shutdown 

Zones—WADOT will establish 

shutdown zones for all pile driving and 

removal activities (Table 8). 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 

2). Because the zones are small in this 

project, and WADOT seeks to simplify 

their monitoring, they have requested to 

establish shutdown zones of the same 

size that apply separately to cetaceans 

and pinnipeds, rather than having 

multiple size zones within each of these 

marine mammal groups corresponding 

to each hearing group. Therefore the 

shutdown zones are based on the largest 

Level A harassment zone within the 

cetacean and pinniped groups, 

respecitively, with an absolute 

minimum shutdown zone size of 10 m 

(33 ft). 

• Pile wake-up—When removing 

piles WADOT will shake the pile 

slightly prior to removal to break the 

bond with surrounding sediment to 

avoid pulling out large blocks of 

sediment. Piles they will also be 

removed slowly to minimize turbidity. 

• 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—WADOT will monitor the 

Level A and B harassment and 

shutdown 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 

that serve as monitoring 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 

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. 

• Pile driving or removal must occur 

during daylight hours. 

Based on our evaluation of the 

applicant’s 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. 

TABLE 8—SHUTDOWN ZONES (RADIUS IN METERS) BY PILE TYPE, ACTIVITY AND HEARING GROUP

Pile type Low 

frequency 

Mid 

frequency 

High 

frequency Otariid Phocid 

Sheet .................................................................................... 50 50 50 20 20 

H pile .................................................................................... 10 10 10 10 10 

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 proposed 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: 


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• Independent PSOs (i.e., not 

construction personnel) who have no 

other assigned tasks during monitoring 

periods must be used; 

• Other PSOs may substitute 

education (degree in biological science 

or related field) or training for 

experience; and 

• WADOT 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 and the 

small area north into Burley Lagoon; 

(2) At Purdy Spit Park to monitor the 

Level B harassment zone near the 

project site in Henderson Bay; and 

(3) For the smaller Level B harassment 

zone associated with H pile driving/ 

removal, an additional PSOs will be 

located on the southeast end of the level 

B harassment zone (see Monitoring Plan 

Figure 4); 

(4) For the larger Level B harassment 

zone associated with sheetpile driving/ 

removal PSOs will be at the pile/driving 

removal site and Purdy Spit park as 

described above. Two additional PSOs 

will be located further south in 

Henderson Bay (see Monitoring Plan 

Figure 2): One at Kopachuck State Park 

to monitor the southern end of the Level 

B harassment zone and one further 

south at Penrose Point State Park to 

monitor the approaches into Henderson 

Bay, especially for killer and humpback 

whales and other large whales not 

authorized for take. 

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. 

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, and estimates of 

number of marine mammals taken, by 

species (a correction factor may be 

applied to total take numbers, as 

appropriate); 

• 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, 

WADOT 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, WADOT 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 


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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 

sources of human-caused mortality, or 

ambient noise levels). 

To avoid repetition, the discussion of 

our analyses applies to all the species 

listed in Table 7, given that the 

anticipated effects of this activity on 

these different marine mammal stocks 

are expected to be similar. There is little 

information about the nature or severity 

of the impacts, or the size, status, or 

structure of any of these species or 

stocks that would lead to a different 

analysis for this activity. 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 and needle gun 

use. Potential takes could occur if 

individuals are present in the ensonified 

zone when these activities are 

underway. 

Takes by Level B harassment would 

be in the form of behavioral disturbance 

and/or TTS. No mortality or PTS (Level 

A harassment) 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 (northcentral Henderson Bay) of the stock’s 

range. Level A and Level B harassment 

will be reduced to the level of least 

practicable adverse impact through use 

of mitigation measures described herein, 

and as a result, as discussed above, 

Level A harassment is not anticipated to 

occur. Further the amount of take 

authorized is extremely small when 

compared to stock abundance. 

Behavioral responses of marine 

mammals to pile driving and needle gun 

use 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 three 

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 

fitness of any individual or 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, shortterm 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 biologically important areas 

have been identified within the project 

area; 

• For all species, Henderson Bay is a 

very small and peripheral part of their 

range; 

• WADOT would implement 

mitigation measures such as shut downs 

and slow removal of piles to minimize 

turbidity and shaking the pile slightly 

prior to removal (wake up) to break the 

bond with surrounding sediment to 

avoid pulling out large blocks of 

sediment; and 

• Monitoring reports from similar 

work in Puget Sound 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 for all stocks. For harbor 

seals there are no official estimates of 

the stock size. We do know the 

populations of harbor seals in Puget 

Sound are increasing and number at 

least 32,000 (Jeffries, 2013). We also 

know that harbor seals do not generally 

range over large areas (see above). 

Therefore, it is most likely that the 

number of harbor seal takes is a small 

number. For all stocks, these are all 

likely conservative estimates of percent 

of stock taken 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 


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8608 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices 

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. 

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 WADOT 

for the potential harassment of small 

numbers of six marine mammal species 

incidental to the Purdy Bridge 

Rehabilitation project in Pierce, WA, 

provided the previously mentioned 

mitigation, monitoring and reporting 

requirements are followed. 

Dated: February 1, 2021. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–02489 Filed 2–5–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA822] 

Permanent Advisory Committee To 

Advise the U.S. Commissioners to the 

Western and Central Pacific Fisheries 

Commission; Meeting Announcement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: NMFS announces a public 

meeting of the Permanent Advisory 

Committee (PAC) to advise the U.S. 

Commissioners to the Commission for 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC) on March 18, 2021. Meeting 

topics are provided under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

DATES: The meeting of the PAC will be 

held via web conference on March 18, 

2021, from 11 a.m. to 1 p.m. Hawaii 

Standard Time (HST) (or until business 

is concluded). Members of the public 

may submit written comments on 

meeting topics or materials; comments 

must be received by March 13, 2021. 

ADDRESSES: The public meeting will be 

conducted via conference call. For 

details on how to call in to the 

conference line or to submit comments, 

please contact Emily Reynolds, NMFS 

Pacific Islands Regional Office; 

telephone: 808–725–5039; email: 

emily.reynolds@noaa.gov. Documents to 

be considered by the PAC will be sent 

out via email in advance of the 

conference call. Please submit contact 

information to Emily Reynolds 

(telephone: 808–725–5039; email: 

emily.reynolds@noaa.gov) at least 3 

days in advance of the call to receive 

documents via email. This meeting may 

be recorded for the purposes of 

generating notes of the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Emily Reynolds, NMFS Pacific Islands 

Regional Office; 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818; telephone: 

808–725–5039; facsimile: 808–725– 

5215; email: emily.reynolds@noaa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Western and 

Central Pacific Fisheries Convention 

Implementation Act (16 U.S.C. 6901 et 

seq.), the PAC, has been formed to 

advise the U.S. Commissioners to the 

WCPFC. The PAC is composed of: (i) 

Not less than 15 nor more than 20 

individuals appointed by the Secretary 

of Commerce in consultation with the 

U.S. Commissioners to the WCPFC; (ii) 

the chair of the Western Pacific Fishery 

Management Council’s Advisory 

Committee (or the chair’s designee); and 

(iii) officials from the fisheries 

management authorities of American 

Samoa, Guam, and the Northern 

Mariana Islands (or their designees). 

The PAC supports the work of the U.S. 

National Section to the WCPFC in an 

advisory capacity. The U.S. National 

Section is made up of the U.S. 

Commissioners and the Department of 

State. NMFS Pacific Islands Regional 

Office provides administrative and 

technical support to the PAC in 

cooperation with the Department of 

State. More information on the WCPFC, 

established under the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean, can 

be found on the WCPFC website: http:// 

www.wcpfc.int. 

Meeting Topics 

The purpose of the March 18, 2021 

meeting is to discuss outcomes of the 

2020 regular session of the WCPFC 

(WCPFC17), U.S. priorities leading up to 

the 2021 regular session of the WCPFC 

(WCPFC18) and potential management 

measures for tropical tunas and other 

issues of interest. 

Special Accommodations 

The conference call is accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Emily Reynolds at 808–725–5039 by 

March 4, 2021. 

Authority: 16 U.S.C. 6902 et seq. 

Dated: February 3, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–02527 Filed 2–5–21; 8:45 am] 

BILLING CODE 3510–22–P 


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