Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices 35047

Antidumping duty proceeding Period to be reviewed

Fresh Water Crawfish Tail Meat from the PRC, A–570–848:

China Kingdoma Import & Export Co., Ltd .......................................................................................................................... 9/01/99–2/29/00

Rizhao Riyuan Marine and Food Products Co. Ltd ............................................................................................................. 9/01/99–2/29/00

Nantong Shengfa Frozen Food Co., Ltd .............................................................................................................................. 9/01/99–2/29/00

Weshan Fukang Foodstuffs Co., Ltd ................................................................................................................................... 9/01/99–2/29/00

Concurrent with publication of this

notice and in accordance with 19 CFR

351.214(e), we will instruct the U.S.

Customs Service to allow, at the option

of the importer, the posting of a bond or

security in lieu of a cash deposit for

each entry of the merchandise exported

by the companies listed above, until the

completion of the review. The interested parties must submit

applications for disclosure under

administrative protective order in

accordance with 19 CFR 351.305 and

351.306.

This initiation and notice are in

accordance with section 751(a) of the

Act (19 U.S.C. 1675(a)) and 19 CFR

351.214.

Dated: May 25, 2000.

Edward C. Yang,

Acting Deputy Assistant Secretary, Ad/CVD

Enforcement Group III.

[FR Doc. 00–13709 Filed 5–31–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 121699A]

Small Takes of Marine Mammals

Incidental to Specified Activities; San

Francisco-Oakland Bay Bridge, Pile

Installation Demonstration Project, San

Francisco Bay, CA

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of issuance of an

incidental harassment authorization.

SUMMARY: In accordance with provisions

of the Marine Mammal Protection Act

(MMPA) as amended, notification is

hereby given that an Incidental

Harassment Authorization (IHA) has

been issued to the Federal Highway

Administration (FHWA), on behalf of

the California Department of

Transportation (CALTRANS), to take

small numbers of Pacific harbor seals

and California sea lions, by harassment,

incidental to a pile installation

demonstration project (PIDP) at the San

Francisco-Oakland Bay Bridge (SF–

OBB), San Francisco Bay (the Bay), CA.

DATES: This authorization is effective

from May 23, 2000, through May 22,

2001.

ADDRESSES: A copy of the application

may be obtained by writing to Donna

Wieting, Chief, Marine Mammal

Conservation Division, Office of

Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910–

3225, or by telephoning one of the

contacts listed here.

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Hollingshead, Office of

Protected Resources, NMFS, (301) 713–

2055, or Christina Fahy, Southwest

Regional Office, NMFS, (562) 980–4023.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) and (D) of the

MMPA (16 U.S.C. 1361 et seq.) direct

the Secretary of Commerce to allow,

upon request, the incidental, but not

intentional, taking of small numbers of

marine mammals by U.S. citizens who

engage in a specified activity (other than

commercial fishing) within a specified

geographical region if certain findings

are made and either regulations are

issued or, if the taking is limited to

harassment, a notice of a proposed

authorization is provided to the public

for review.

Permission may 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

subsistence uses, and if the permissible

methods of taking and requirements

pertaining to the monitoring and

reporting of such takings are set forth.

NMFS has defined ‘‘negligible impact’’

in 50 CFR 216.103 as ‘‘... an impact

resulting from the specified activity that

cannot be reasonably expected to, and is

not reasonably likely to, adversely affect

the species or stock through effects on

annual rates of recruitment or survival.’’

Subsection 101(a)(5)(D) of the MMPA

established an expedited process by

which citizens of the United States can

apply for an authorization to

incidentally take small numbers of

marine mammals by harassment. The

MMPA now defines ‘‘harassment’’ as:

...any act of pursuit, torment, or annoyance

which (a) has the potential to injure a marine

mammal or marine mammal stock in the

wild; or (b) 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.

Subsection 101(a)(5)(D) establishes a

45-day time limit for NMFS review of an

application followed by a 30-day public

notice and comment period on any

proposed authorizations for the

incidental harassment of small numbers

of marine mammals. Within 45 days of

the close of the comment period, NMFS

must either issue or deny issuance of

the authorization.

Summary of Request

On November 22, 1999, NMFS

received an application from the FHWA

on behalf of CALTRANS, requesting an

IHA for the possible harassment of small

numbers of Pacific harbor seals (Phoca

vitulina), and California sea lions

(Zalophus californianus) incidental to

conducting the PIDP at the SF–OBB.

CALTRANS is currently in the

planning stages of the SF–OBB East

Span Seismic Safety Project (ESSSP).

The ESSSP would include driving large

piles into the Bay bottom. One of the

hammers anticipated to be used for this

task is larger than any pile-driving

hammer previously used in the Bay.

Due to the untested nature of these

hammers and piles in the Bay, a pile

installation demonstration is needed.

The PIDP will provide CALTRANS with

an opportunity to measure resulting

sound pressure levels (SPL), both in air

and under water, record impacts to

marine mammals and experiment with

measures to reduce potential harm to

marine mammals prior to general use on

SF–OBB piles.

The PIDP site is located between

Yerba Buena Island (YBI) and Oakland,

in the area to the north of and between

existing SF–OBB east span piers E6 and

E9 (see figures 1 and 2 of the

application). The PIDP site is

approximately 2.0 km (1.24 mi) from

northeast of the YBI harbor seal haul-out

site, which is located immediately to the

west of the lighthouse on the

southernmost tip of the island.

35048 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices

The anticipated pier foundations for

the ESSSP will consist of large diameter

(up to 110–m (361–ft) long), steel pipe

piles that will be driven into the Bay

floor. Current plans anticipate using

2.5–m (8.2–ft) diameter piles for a

majority of the foundations and smaller

1.5–m (4.9–ft) diameter pipe piles for

others.

Accurately predicting the

characteristics of pile driving prior to

field-testing is not possible because

piles of this size and length have not

previously been installed in Bay

substrates and there is limited

experience with driving piles of this

size. Therefore, given the

unprecedented nature of this work in

the Bay, this PIDP will provide

CALTRANS with an opportunity to

gather important data regarding in-air

and underwater SPLs generated by the

pile driving activities. In addition, it

will also provide an opportunity to

gather data from experimental measures

to attenuate elevated SPLs, thereby

reducing the potential for harm to

marine mammals. Information obtained

from this demonstration potentially may

prove valuable for forecasting

anticipated impacts of pile installation

activities associated with the larger

ESSSP construction, which will require

the installation of approximately 350

piles of variable diameter.

Project Description

The PIDP includes driving three fullscale steel pipe piles (2.438 m (8.0 ft) in

diameter, 110 m (361 ft) long) at two

locations (two at a primary site and one

at an alternate site) near the existing SF–

OBB east span alignment. Each pile

consists of four segments of variable

length and wall thickness that will each

be driven, subsequently welded to

another segment, and driven again until

the full desired length and depth of the

pile is achieved. Due to the nature of

this work, the majority of the project

time will be spent on surface support

activities, such as picking up the pile

segments, placing the segment in the

correct spot and welding the segments

together. Actual pile driving will only

occur for a small fraction of the project’s

duration. Please refer to the CALTRANS

application for a complete description

of the pile driving order of work.

Piles will be driven open-ended by

hydraulic or steam hammers. These are

large offshore hammers capable of

driving large-diameter, thick-walled

steel pipe piles. No other types of

hammers (e.g. drop hammers, diesel

hammers or vibratory hammers) will be

used on this project. According to

project specifications, two sizes of

hammers are required. A ‘‘smaller’’

hammer having a maximum rated

energy of not less than 500 kilojoules

(kJ) but not more than 1,000 kJ will be

used to drive initial segments of the

piles. This hammer will be similar in

size to the pile driving hammer that was

used for activities associated with the

retrofitting of the San Mateo-Hayward

Bridge, also in the Bay. A larger

hammer, having a maximum rated

energy of not less than 1,700 kJ will be

employed to drive subsequent segments

of each pile. No upper limit is placed on

the maximum rated energy of the larger

hammer; however, there is little

motivation to use a larger hammer than

necessary unless there are no other

hammers available at that time.

Furthermore, the piles must be able to

support the weight of the hammer,

limiting the size of the hammer that can

be used.

The PIDP is expected to take place in

late summer 2000. All necessary

equipment for the PIDP will be brought

to the project site on barges, tugboats

and other marine vessels. Due to the

high cost of the equipment being used

for this project and the nature of pile

installation, work will need to proceed

24 hours a day, 7 days a week for

approximately 20 days barring

unforeseen circumstances (i.e. broken

equipment, adverse weather

conditions). Actual impact hammering

will only occur for a total of about 12

to 16 hours over the estimated 20 days.

Continuous impact hammering would

likely occur for a maximum amount of

2–3 hours at a time when the fourth

segment is being driven at an elevated

energy level. As only 3 full-scale piles

are being driven, this maximum would

only be reached on 3 days out of the 20

days of the PIDP. The hammer is

expected to hit the piles at an average

rate of 30–45 blows per minute.

Due to the amount of time needed

between driving consecutive pile

segments, it is extremely unlikely that

more than two segments will be driven

in a 24–hour period. It is important to

note that once the driving of a pile

segment begins it cannot be halted until

that segment has reached its desired

depth. This is not only because of the

expense of keeping the equipment idle

but also due to the nature of the

predominantly clay soil types

underlying the Bay. As piles are driven,

the soil gradually loses resistance. If

driving is stopped, the soil has a chance

to regain its strength, and resistance to

the pile increases. This can make it

more difficult or even impossible to

continue driving the pile, particularly if

the pile tip is in a highly resistant layer

at that point. Consequently, once

hammering resumes, it could potentially

take a longer time at increased energy

levels. This could amplify impacts to

marine mammals, as they would endure

potentially higher SPLs for longer

periods of time. Pile segment heights

and wall thickness have been specially

designed for this project to take the

location of highly resistant sediment

layers into account, so that when work

is stopped at the desired depths

between segments, the pile tip is never

resting in highly resistant sediment

layers. In addition, stopping in the

middle of pile driving a segment may

interfere with the goal of understanding

the characteristics of pile driving within

this new setting. If pile driving is

permitted to be regularly interrupted,

meaningful data regarding how the piles

behave may be difficult to obtain.

Comments and Responses

A notice of receipt of the application

and proposed authorization was

published on January 7, 2000 (65 FR

1083), and a 30-day public comment

period was provided on the application

and proposed authorization. Comments

were received from the Marine Mammal

Commission (MMC) and CALTRANS.

The MMC believes that NMFS’

preliminary determination that the

activity would have no more than a

negligible impact on affected pinniped

stocks is reasonable and sufficiently

supported by the information and

analyses provided in the Federal

Register notice and in CALTRANS’

request for a small take authorization.

The MMC also believes that the

monitoring program is adequate to

verify that only small numbers of

marine mammals are taken, that the

taking is by harassment only, and that

the impacts on the affected species and

stocks are negligible. CALTRANS

provided editorial comments that have

resulted in minor modifications to this

document and several broader

comments which are addressed here.

Comment 1: CALTRANS is concerned

about the shape of the no-entry buffer

zone around YBI. With the harbor seal

haulout on the southwest side of the

southern tip of the island, and a U.S.

Coast Guard (USCG) facility on the

southeast side, CALTRANS proposes

modifying the no-entry buffer zone to

exempt the area of the USCG facility

because of the need for the USCG’s

search-and-rescue to access the

surrounding waters. This would

minimize the potential for interference

with the operation of the USCG facility

while protecting hauled-out seals from

potential harassment by project-related

vessels.

Response: NMFS notes that the

revised YBI safety zone proposed by

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices 35049

CALTRANS is a 90–degree pie-shaped

wedge with its southern limit extending

southeasterly from the southern tip of

YBI so that it encompasses an area

within the seals’ line of sight from the

haul-out site, but not extending

eastward around the southern tip of the

island. NMFS believes however, that

this proposal does not account for the

harbor seal’s line of sight to the

southwest and west of the haulout. As

a result, NMFS has established the

western boundary of the YBI safety zone

beginning at the first rock outcropping

to the west of the seal haulout.

However, it should be recognized that

this mitigation measure does not

supercede NMFS guidelines that require

boats in California waters to remain at

least 91 m (300 ft) from seals and sea

lions that are on land or rocks.

Therefore, in waters east and west of the

CALTRANS’ safety zone, NMFS’

guideline provides additional protection

to seals and sea lions that are ashore at

YBI.

Comment 2: CALTRANS has

requested USCG authorization for the

placement of buoys around the haul-out

site.

Response: NMFS understands that

CALTRANS has two options:

CALTRANS can either require

contractors to stay out of the safety zone

around the haul-out site, or it could

buoy the area. However, if the area is

buoyed, CALTRANS would have to go

through the Private Aid to Navigation

permitting process. Conditions of the

permit would require notice to mariners

because mariners may get confused if

they see the buoys and do not know

what they are for. Since the safety zone

is primarily to reduce disturbance to

marine mammals from the PIDP, and

not for the exclusion of all boating

activity, and because NMFS guidelines

require boats in California waters must

remain at least 91 m (300 ft) from seals

and sea lions that are on land or rocks,

NMFS does not consider buoying the

area to be a required mitigation

measure. CALTRANS can proceed on

this issue as it chooses.

Comment 3: CALTRANS foresees a

potential problem with a mitigation

measure that it proposed in its

application. Essentially, CALTRANS

notes that there is no provision for

proceeding with work if a marine

mammal enters the safety zone and

remains visible, or if a seal or sea lion

dives and reappears in the safety zone

within the 15–minute time limit. Would

the project be delayed indefinitely while

the contractor waits for the marine

mammal to leave the safety zone? If so,

and the proposed authorization does not

allow the contractor to drive a marine

mammal from the safety zone or lure it

away from the zone, the mitigation may

not be practical. However, CALTRANS

does not advocate that such activities be

added to its authorization.

Response: As noted by CALTRANS in

its letter, harbor seals avoid human

activity, California sea lions are unlikely

to be in the vicinity of the project, and

molting harbor seals will more likely be

ashore than in the water at the time of

the project. As a result, the scenario

described by CALTRANS is not likely to

occur. However, NMFS believes it

would be inappropriate to include these

types of intentional takings as a

mitigation measure. If this develops into

a problem, NMFS may take other action

to resolve it.

Comment 4: CALTRANS proposes a

modification to the proposed

authorization that would allow a piledriving operation to begin after the first

15-minute waiting period whether or

not a marine mammal is within the

safety zone. CALTRANS believes that 15

minutes is sufficient time for a marine

mammal to move outside the safety

zone and yet allow the contractor to

have some assurance of being able to

proceed within a reasonable time frame.

CALTRANS also believes that this

change should not alter NMFS’

preliminary conclusion that the PIDP

would have the potential to harass only

a small number of marine mammals.

Response: In the proposed

authorization, NMFS preliminarily

concurred with CALTRANS that a safety

zone should be established at a distance

approximately 500 m (1,640 ft) from the

PIDP. At this distance, CALTRANS

estimated that the SPL from the pile

driving would be 180 dB re 1 μPa-mRMS.

In its application, CALTRANS used

guidance provided by NMFS that

impulse-generated SPLs greater than

180 dB had the potential to cause a

temporary threshold shift (TTS) in

marine mammal hearing levels and that,

at some unknown level above 180 dB,

marine mammals had the potential to

incur a permanent shift (i.e., elevation)

in hearing thresholds. While the

previous NMFS statement remains true

in general, present scientific consensus

indicates that a safe level for impulse

sounds for pinnipeds from incurring

TTS is higher than the level indicated

for cetaceans. As a result, scientists have

preliminarily established an SPL of 190

dB re 1 μPa-mRMS as a safe level for

pinnipeds underwater. NMFS adopts

this information as the best scientific

information available and will allow

CALTRANS to establish a safety zone at

the distance from the PIDP where the

SPL diminishes to 190 dB re 1 μPamRMS. However, in order to implement

this provision, CALTRANS must

measure the distance acoustically for

each hammer used and, until this

distance is measured and an appropriate

safety zone implemented, CALTRANS

must retain a safety zone of 180 dB re

1 μPa-mRMS.

NMFS believes the smaller safety

zone for pinnipeds will allow

CALTRANS to remain on schedule. If

problems arise, NMFS will consider

other appropriate actions, as necessary.

Comment 5: CALTRANS has

expressed concern with NMFS’ proposal

to require at least 50 percent of pile

driving to be performed during daylight.

CALTRANS believes that it will be

nearly impossible to measure

percentages of total pile driving time as

construction proceeds. Instead,

CALTRANS proposes that NMFS

modify the previously mentioned

monitoring measure and require pile

driving ‘‘episodes’’ rather than total pile

driving time. CALTRANS proposes to

install the first 2 segments of each pile

during daylight hours (for a total of 6

pile driving episodes). The third and

fourth segments, which are the most

likely to refuse or freeze, would be

driven when ready (taking into account

the 15–minute delay for marine

mammal presence) and this may or may

not be during daylight hours.

CALTRANS further proposes to conduct

all restriking of the piles (5 episodes)

during daylight hours. The larger

hammer would be required for

restriking, thereby meeting the proposed

requirement that both hammer sizes be

used during daylight. Furthermore,

while the hammer would operate for a

shorter time during restriking, it would

be more likely to operate at the highest

capacity. It is probable that the hardest

driving and thus the loudest noise

would be generated during re-striking.

Response: As noted by CALTRANS in

its letter, NMFS’ intention for a

requirement that 50 percent of strikings

occur during the daytime was to obtain

more meaningful data on seal and sea

lion response to pile driving. As a

result, NMFS concurs with the

suggested modification.

Description of the Marine Mammals

Affected by the Activity

General information on harbor seals,

California sea lions, and other marine

mammal species found in Central

California waters can be found in

Barlow et al. (1997, 1998). The marine

mammals likely to be found in the SF–

OBB area are limited to the California

sea lion and harbor seal.

35050 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices

California Sea Lions

While California sea lions are known

to have historically used the Bay, they

are rarely observed hauled out in the

Bay (Bauer, 1999). However, since at

least 1987, sea lions have been observed

occupying the docks near Pier 39 in San

Francisco, about 5.7 km (3.5 mi) from

the project site. The number of sea lions

hauled out at Pier 39 ranged from 63 to

737 in 1998 and from 5 to 906 in 1997

(Marine Mammal Center, Sausalito

data). For both years, the lows occurred

in June and the highs occurred in

August. Most recently, 831 sea lions

were observed on K dock at Pier 39 in

October 1999. While they are present in

large numbers, approximately 85

percent of the animals hauled out at this

site are males, and no pupping has been

observed at this site or any other site in

the Bay (Lander pers. comm. to

CALTRANS, 1999). At this time, no

other sea lion haul-out sites have been

identified in the Bay. About 90 percent

of the U.S. stock breeds on the southern

California Channel Islands, over 483 km

(300 mi) from the PIDP site (Schoenherr,

1995; Howorth and Abbott, 1999). Pier

39 has now become a regular haul-out

site for sea lions. The sea lions, most of

whom are male, appear at the site after

returning from the Channel Islands at

the beginning of August (Bauer, 1999).

Around late spring, sea lions begin to

travel south to the breeding grounds,

and numbers at the haul-out site

decline. Lowest numbers of sea lions are

usually observed from May through

July. Numbers of sea lions at the haulout site fluctuate quite a bit throughout

the year and even from one week to the

next. For example, in June of 1998, a

maximum of 574 sea lions was observed

on June 7th while a low count of 63 was

observed on June 25th (Lander pers.

comm. to CALTRANS, 1999).

While little information is available

on the foraging patterns of California sea

lions in the Bay, individual sea lions

have been observed feeding in the

shipping channel to the south of YBI on

a fairly regular basis (Grigg pers. comm.

to CALTRANS, 1999). Foraging by sea

lions that utilize the Pier 39 haul-out

site primarily occurs in the Bay, where

they feed on Pacific herring, northern

anchovy and sardines, among other prey

(Hanni, 1995).

Pacific Harbor Seals

Pacific harbor seals are the only

species of marine mammal that breed

and bear young in the Bay (Howorth and

Abbott, 1999). There are 12 haul-out

sites and rookeries in the Bay and of

those, only eight are used by more than

a few animals at a time. Only three sites

in the Bay are regularly used by more

than 40 harbor seals at any one time;

these are Mowry Slough, located in the

South Bay, YBI, and Castro Rocks,

located in the Central Bay (Spencer,

1997). The three closest haul-out sites to

the project location are at YBI, Angel

Island, and Castro Rocks. The most

recent aerial harbor seal count,

conducted this year by D. Hanan of the

California Department of Fish and

Game, found 477 individuals in the Bay

(Green pers. comm. to CALTRANS,

1999). It is important to note that not all

harbor seals were counted, as some may

have been under water during the

survey.

Harbor seals are present in the Bay

year-round and use it for foraging,

resting and reproduction. Peak numbers

of hauled-out harbor seals vary by haulout site depending on the season.

Results of a study of 39 radio-tagged

harbor seals in the Bay found that most

active diving occurred at night and a

majority of the diving time was spent in

seven feeding areas in the Bay. The two

feeding areas located closest to the

project site are just to the south of YBI

and north of Treasure Island. This study

also found that the seals dove for a

mean time of 0.50 minutes to 3.33

minutes. Mean surface intervals or the

mean time the seals spent at the surface

between dives ranged from 0.33 minutes

to 1.04 minutes. Mean haul-out periods

ranged from 80 minutes to 24 hours

(Harvey and Torok, 1994).

Pupping season in the Bay begins in

mid-March and continues until about

mid-May. Pups nurse for only 4 weeks

and mating begins after pups are

weaned. In the Bay, mating occurs from

April to July and molting season is from

June until August (Schoenherr, 1995;

Kopec and Harvey, 1995).

Haul-Out Sites in the Vicinity of the

PIDP

YBI is located in the Central Bay,

adjacent to man-made Treasure Island.

The SF–OBB passes through a tunnel on

YBI. An important harbor seal haul-out

site is located on a rocky beach on the

southwest side of YBI (Kopec and

Harvey, 1995). Work for the PIDP will

be performed approximately 2 km (1.24

mi) from this harbor seal haul-out site,

facing the northeast side of the island.

Although seals haul out year-round

on YBI, it is not considered a pupping

site for harbor seals as no births have

been observed at the site. Occasionally,

pups have been seen at an average of 1

pup per year, though more recently, 7

pups were observed at one time in May,

1999 (San Francisco State University

unpublished records, 1998–9). In a

study of the haul-out site conducted

between 1989 and 1992, males

comprised 83.1 percent of the seals

whose gender could be determined

(Spencer, 1997). Peak numbers of harbor

seals at this haul-out site have been

observed from November to February.

The maximum reported number of seals

hauled out at one time is 344, counted

in January 1992 (Kopec and Harvey,

1995). More recently, the number of

seals counted at YBI ranged from 0 to

296 for the period May 1998 to present.

The maximum count of 296 was

recorded in January 1999. Mean

monthly counts for the same period

range from 14.5 in September 1998 to

107.3 in June 1999 (San Francisco State

University, unpublished records 1998–

9). The abundance of harbor seals at this

site during the winter months likely

coincides with the presence of

spawning Pacific herring near the

island. Re-sightings at the haul-out site

indicate long-term usage of the site

(Spencer, 1997).

Angel Island is a small haul-out site

located approximately 7.4 km (4.6 mi)

from the project site. A maximum count

of 15 seals was observed in the 1980s,

and more recently, six harbor seals were

seen in 1989. No pupping has been

observed at the site.

The next closest haul-out site is

approximately 14 km (8.7 mi) away at

Castro Rocks, near the Richmond end of

the Richmond-San Rafael Bridge. The

Castro Rocks haul-out site is a

recognized pupping site. A maximum of

176 harbor seals were observed at Castro

Rocks in October 1999 (San Francisco

State University unpublished records,

1998–9).

Potential Effects on Marine Mammals

It is possible that California sea lions

and harbor seals swimming in the

project vicinity may be subject to

elevated SPLs that could produce a

temporary shift in the animal’s hearing

threshold. Pile driving noise and human

activity around the PIDP could also

potentially result in behavioral changes

in nearby pinnipeds. California sea lions

and harbor seals may temporarily cease

normal activities, such as feeding, or

pop their heads up above water in

response to the noise. They may also be

curious and choose to investigate the

project site. However, existing evidence

shows that most marine mammals tend

to avoid loud noises (Richardson,

personal communication to

CALTRANS, 1999). It is likely then that

harbor seals and sea lions in the water

in the project vicinity may be

temporarily displaced if they choose to

avoid the area in response to the high

SPLs. Due to the short-term nature of

the pile driving (approximately 12 to 16

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices 35051

hours over 20 days) and its distance

from the YBI haul-out site, the PIDP is

not expected to result in long-term

behavioral impacts to Bay seals or sea

lions.

Based on in-air hammer noise

measurements conducted elsewhere, the

average received SPLs were 107 dB re

20 μPa measured at 10–20 meters (33–

66 feet) from the hammer and between

70 dB and 44 dB re 20 μPa at 2,400

meters (7,874 feet or 1.5 miles) from the

hammer. While a direct comparison is

not possible due to different

atmospheric and geographic conditions,

it is anticipated that in-air noise levels

at the YBI haul-out site, located

approximately 2.0 km (1.24 miles) from

the project site and physically shielded

by the island, will attenuate to levels

insufficient to cause injury to the seals

and sea lions. It is also likely that harbor

seals at this site will not be disturbed by

the sound and leave the beach for the

water, although they will most likely

hear the pile driving noise.

Consequently, while it is likely that

hauled-out marine mammals will hear

the pile driving activities, noise levels

are not expected to adversely impact

them. Impact hammering could

potentially harass those harbor seals

that are in the water closer to the project

site, whether their heads are above or

below the surface. Potential impacts

could include a temporary elevation in

hearing threshold and/or changes in

behavior patterns. However, potential

harassment would only occur during

those times when piles are being

hammered, estimated at approximately

12 to 16 hours over 20 days.

It is difficult to estimate the number

of California sea lions that could

potentially be affected by the PIDP due

to the lack of information on the number

of sea lions in the Bay except for the

Pier 39 haul-out site. However,

assuming the sea lion population at Pier

39 starts to decline in the late spring as

the sea lions migrate south to the

rookeries, only a fraction of the animals

would be left in the Bay at the time of

the PIDP (late summer 2000). According

to the Marine Mammal Center in

Sausalito, the maximum number of sea

lions observed at the Pier 39 haul-out

site during the spring and summer

seasons was 820 in April 1999. The

mean numbers of sea lions observed at

Pier 39 during spring and summer

seasons were 340 in 1998 and 453 in

1997 (Lander, personal communication

to CALTRANS, 1999). Because the Pier

39 haul-out site is located 5.7 km (3.5

mi) away from the project site, only a

fraction of those sea lions left in the Bay

at the time of the project could

potentially be in the project vicinity at

any one time. Although California sea

lions are known to forage in groups,

available evidence suggests that they are

not regularly seen in groups in the Bay

waters near the PIDP site. In surveys

conducted from May 1998 to the

present, sea lions have been observed

foraging in the shipping channel to the

south of YBI. However, these sea lions

are typically alone and do not seem to

be associated with any other sea lions

(Grigg, personal communication 1999).

Given this anecdotal evidence, the

number of sea lions expected to be

present at the PIDP site during pile

driving activities is expected to be low.

Noise levels from the project are not

expected to result in harassment of the

sea lions hauled out at Pier 39 as SPLs

would be expected to attenuate by the

time they reach the haul-out site, 5.7

kilometers (3.5 miles) from the project

site. As most of the sea lions observed

at Pier 39 are males, and the project will

occur during the time when females and

adult males are in waters off southern

California for the breeding and pupping

season, it is anticipated that most of the

California sea lions impacted would be

subadult males.

Kopec and Harvey (1995) reported

harbor seal counts for several haul-out

sites in the Bay for the period 1989–

1992.

Peak numbers of harbor seals haul out

at YBI in the winter months. The

maximum recorded number of harbor

seals observed at YBI is 344, recorded in

January 1992. The PIDP is likely to

occur in late summer of 2000.

According to Kopec and Harvey (1995),

the maximum number of seals observed

at the YBI haul-out site during the

pupping season (March–July) was 127

in 1992. More recently, for the same

season, the Richmond Bridge Harbor

Seal Survey reported a maximum count

of 213 harbor seals observed in July

1998 (San Francisco State University,

unpublished records 1998–9). Kopec

and Harvey reported mean harbor seal

numbers of 35.7, 41.1, 63.5 and 65.6

during the pupping seasons (March 15–

May 31) of 1989 to 1992, respectively

(1995). The mean number of harbor

seals observed during the pupping and

molting seasons (March 15 to August

15) in 1998 and 1999 were 75.2 and

78.4, respectively (San Francisco State

University, unpublished records 1998–

9). Keeping in mind that these mean

counts were taken for slightly different

periods of time (March–July in 1989–

1992 and March–August in 1998–1999)

and the number of surveys taken varies

by count, the average of the mean

counts is 60.

Mitigation

Based upon previous discussion in

this document, CALTRANS will

establish a safety zone around the pile

driving site. The safety zone is intended

to include all areas where the

underwater sound pressure levels are

anticipated to equal or exceed 190 dB re

1 μPaRMS. Once pile driving begins,

SPLs will be recorded to determine

where this radius should be established.

It is anticipated that safety zone radii

will differ between the larger and

smaller hammers.

Before pile driving of a pile segment

begins, NMFS-approved observers on

boats will survey the safety zone to

ensure that no marine mammals are

seen within the zone. If marine

mammals are found within the safety

zone, pile driving of the segment will be

delayed until they move out of the area.

If a marine mammal is seen above water

and then dives below, the contractor

will wait 15 minutes and if no marine

mammals are observed in that time it

will be assumed that the animal has

moved beyond the safety zone. Harbor

seals in the Bay are known to dive for

a mean time of 0.50 minutes to 3.33

minutes (Harvey and Torok, 1994).

However, due to the limitations of

monitoring from a boat, there can be no

assurance that the safety zone will be

devoid of all marine mammals. If the

presence of seals or sea lions within the

safety zone seriously compromises

CALTRANS’ activity, CALTRANS will

contact the Regional Administrator,

NMFS, for appropriate resolution.

If marine mammals enter the safety

zone after pile driving of a segment has

commenced, hammering will continue

unabated and marine mammal observers

will monitor and record their numbers

and behavior. For reasons mentioned

previously, once the pile driving of a

segment begins it cannot be stopped

until that segment has reached its

predetermined depth due to the nature

of the sediments underlying the Bay.

Pile driving will be restricted to times

when the safety zone can be monitored

for 15 minutes immediately prior to the

start-up of pile driving. Also, in order to

obtain information on the behavioral

effects to harbor seals and California sea

lions, NMFS will require that, to the

maximum extent practicable, a

minimum of 50 percent of the 17 pile

driving episodes be scheduled during

daylight hours. Daylight pile driving

must include both hammer types. In

order to meet this mitigation measure,

CALTRANS will drive the first two

segments of each pile in daylight; the

third and fourth segment of each pile

will be driven when ready; and all

35052 Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices

restriking of the piles will be performed

in daylight.

A 500–m (1640–ft), pie-shaped wedge

no-entry buffer zone will be established

around the haul-out site on YBI to

minimize the impact of project-related

vessel traffic during the PIDP on marine

mammals. This buffer zone will be

established in coordination with the

USCG. The exclusion zone will either be

delineated with USCG-compliant

temporary buoys to insure compliance,

or all employees and contractors

associated with the PIDP will be

informed of the no-entry zone. In

addition, CALTRANS will establish

strict standards on vessel speed for all

project-related crafts traveling in the

Bay.

The PIDP is expected to take place in

late summer 2000. This timing would

not coincide with the period of peak

abundance at the YBI harbor seal haulout site (November through February).

Harbor seal molting season in the Bay

begins in June. If the PIDP occurs during

the harbor seal molting season, a greater

proportion of harbor seals should be

hauled out and, therefore, not subject to

the potentially elevated in-water SPLs

from pile driving.

Finally, CALTRANS proposes to use

this demonstration period to test the

effectiveness of potential mitigation

techniques. One potential mitigation

measure is an underwater sound barrier

based on the noise-attenuating

properties of air bubbles in water. At

least two experimental techniques for

creating underwater sound barriers will

be tested by CALTRANS. Underwater

SPLs will be recorded at various

distances from pile driving activities in

order to assess which measures, if any,

prove practical and effective in reducing

sound pressure levels.

Monitoring

Monitoring of the safety zone will be

conducted during all active pile driving.

Monitoring of the safety zone will be

conducted by a minimum of three

qualified observers (CALTRANS states

that they will employ three observers in

daytime and 6 observers during

darkness (January 31, 2000, letter to

NMFS)). The observers will begin

monitoring at least 30 minutes prior to

startup of the pile driving. Observers

will likely conduct the monitoring from

small boats, as observations from a

higher vantage point (such as the SF–

OBB) may not be practical.

Observations will be made using

binoculars during daylight hours. For

operations at night, infrared or image

intensifying equipment will be used. In

addition to monitoring from boats,

monitoring of the YBI haul-out will be

conducted on land during all active pile

driving. Data on all observations will be

recorded and will include items such as

species, numbers, time of observation,

location, behavior, etc.

Both underwater and airborne SPL

measurements will be made.

Underwater Sound Monitoring

Waterborne sound from the pile

driving will be measured at

approximately four locations. These

locations will typically be in some

combination of: (1) close to the pile

driving activity, (2) two mid-point

locations, and (3) one distant location.

Each measuring system will consist of a

hydrophone with charge type

conditioning amplifier connected to a

sound level readout device and an

instrumentation-grade digital audio tape

(DAT) recorder. ‘‘Real-time’’ amplitude

DAT measurements of underwater

sound levels will be provided. The

hydrophone will be deployed from a

skiff to an appropriate depth at each

location. A portable geostationary

positioning system (GPS) unit will

document the location coordinates of

the skiff. It is anticipated that the sound

level and frequency spectrum of the

recorded noise signals will also be

analyzed in a laboratory subsequent to

the test.

Airborne Sound Monitoring

Airborne sound from the pile driving

will be measured at approximately four

locations that are coincident with the

underwater measurement locations (i.e.,

typically a combination of: (1) close to

the pile driving activity, (2) two midpoint locations, and (3) one distant

location). In addition, airborne sound

will also be measured at YBI, as close

as practicable to the haul-out site. Each

measuring system will consist of a Type

1 Sound Level Meter (SLM) connected

to an instrumentation-grade DAT

recorder. ‘‘Real-time’’ amplitude

measurements of airborne sound levels

will be provided. The SLM will be

equipped with a windscreen and tripod

mounted on a skiff at approximately 1.2

meters above water level. As previously

stated, a portable GPS unit will

document the location coordinates of

the skiff. It is anticipated that the sound

level and frequency spectrum of the

recorded noise signals will be analyzed

in a laboratory subsequent to the test.

Reporting

CALTRANS will notify NMFS prior to

the initiation of the PIDP, and

coordination with NMFS will occur on

a weekly basis, or more often, as

necessary. NMFS will be informed of

the initial SPL measurements taken to

estimate the 190 dB re 1 μPaRMS contour

and the final safety-zone radii

established. Monitoring reports will be

faxed to NMFS on a daily basis. The

daily report will include species and

numbers of marine mammals observed,

time and location of observation, and

behavior. In addition the report will

include an estimate of the number of

California sea lions and Pacific harbor

seals that may have been harassed as a

result of the pile driving activities.

CALTRANS will provide NMFS with

a final report detailing the monitoring

protocol, a summary of the data

recorded during monitoring, an estimate

of the numbers of marine mammals that

may have been harassed due to pile

driving, and conclusions drawn from

measurements with and without the

attenuation measures.

Conclusions

Based on the previous discussion,

NMFS has determined that the PIDP

may unintentionally cause the

harassment of California sea lions and

Pacific harbor seals. Although

CALTRANS has requested an

authorization for Level B harassment, as

a result of a behavioral modification to

avoid either pile driving noise or human

activity, NMFS notes that, on occasion,

monitoring the safety zone may not be

100 percent effective. As a result, some

harbor seals or California sea lions,

while underwater in the vicinity of the

PIDP, may incur levels above 190 dB re

1 μPaRMS. At and above an SPL of this

level, marine mammals may incur a

temporary threshold shift (TTS) in

hearing, lasting from a few minutes to

a few hours. However, no take by death

is anticipated, and harassment takes

will be at the lowest level practicable

due to incorporation of the mitigation

measures mentioned above.

The PIDP is expected to have no more

than an insignificant impact to marine

mammals or their habitat. Harbor seals

on YBI are commonly subjected to high

levels of disturbance, primarily from

watercraft, especially during the

summer, when the numbers of small

boats, jet skis, kayaks, etc. in the Bay

increase. Abandonment of the haul-out

site is not anticipated as sound levels

from pile driving, both in water and in

air, are expected to attenuate to

sufficiently low levels by the time the

SPLs reach the YBI haulout site.

Although harbor seal pups have been

observed at the YBI haul-out site, it is

not a recognized pupping site and,

therefore, no significant impacts on

species recruitment are anticipated.

Other haul-out sites for sea lions and

harbor seals area are at a sufficient

Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Notices 35053

distance from the project site that they

will not be affected.

Since NMFS is assured that the taking

will not result in more than the

incidental harassment (as defined by the

MMPA) of small numbers of Pacific

harbor seals and California sea lions,

and would result in the least practicable

impact on these stocks, NMFS has

determined that the requirements of

section 101(a)(5)(D) have been met and

the authorization can be issued.

Authorization

For the previously stated reasons,

NMFS has issued an IHA for a 1-year

period, for the harassment of harbor

seals and California sea lions incidental

to a PIDP at the SF–OBB, San Francisco

Bay, California, provided the above

mentioned mitigation, monitoring and

reporting requirements mentioned

earlier are incorporated.

Dated: May 23, 2000.

Art Jeffers,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 00–13712 Filed 5–31–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 052400F]

Pacific Fishery Management Council;

Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The Pacific Fishery

Management Council (Council) and its

advisory entities will hold public

meetings.

DATES: The Council and its advisory

entities will meet June 26–30, 2000. The

Council meeting will begin on Tuesday,

June 27, at 8:30 a.m., reconvening each

day through Friday. All meetings are

open to the public, except a closed

session will be held from 8 a.m. until

8:30 a.m. on Tuesday, June 27 to

address litigation and personnel

matters. The Council will meet as late

as necessary each day to complete its

scheduled business.

ADDRESSES: The meetings and hearing

will be held at the Doubletree Hotel—

Columbia River, 1401 Hayden Island

Drive, Portland, OR 97217; telephone:

(503) 283–2111.

Council address: Pacific Fishery

Management Council, 2130 SW Fifth

Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: Dr.

Donald O. McIsaac, Executive Director;

telephone: (503) 326–6352.

SUPPLEMENTARY INFORMATION: The

following items are on the Council

agenda, but not necessarily in this order:

A. Call to Order

1. Opening Remarks, Introductions, Roll Call

2. Roll Call

3. Executive Director’s Report

4. Status of Federal Regulation

Implementation

5. Council Action: Approve Agenda

B. Salmon Management

1. Salmon Management Agenda Overview

2. Sequence of Events and Status of Fisheries

3. Salmon Methodology Reviews

4. Status of Amendment 14 and Implications

for 2001 Overfishing Concerns

5. Update on Review of Oregon Coastal

Natural Coho Management Criteria

C. Marine Reserves

1. Staff Report on Phase I Considerations of

Marine Reserves as a Management Measure

D. Groundfish Management

1. Groundfish Management Agenda Overview

2. Status of Federal Groundfish Activities

3. Strategic Plan

4. Stock Assessment Priorities for 2001

5. Status of Fisheries and Inseason

Adjustments

6. Sablefish Three-Tier Fishery—Inseason

Adjustments

7. Rockfish Bycatch Rates

8. Plan Amendment to Address Bycatch and

Management Measure Issues

9. American Fisheries Act Management

Measures

10. Process for Technical Review and

Monitoring of Rebuilding Plans

11. Canary Rockfish Rebuilding Plan

Development

12. Cowcod Rebuilding Plan Development

13. Default Maximum Sustainable Yield

(MSY) Fishing Rate within the Harvest

Rate Policy

14. Preliminary Feedback on the 2000 Stock

Assessment Review Panel Meetings (Draft

Stock Assessments for 2001)

15. Fishing Capacity Reduction Measures

16. Observer Program

E. Highly Migratory Species Management

1. Highly Migratory Species Management

Agenda Overview

2. Update on Plan Development

F. Coastal Pelagic Species Management

1. Coastal Pelagic Species (CPS) Management

Agenda Overview

2. Exempted Fishing Permits to Harvest

Anchovy in Closed Area

3. Preliminary Harvest Levels and Other

Specifications for 2001

4. Pacific Sardine Harvest Guideline

Suballocation

5. CPS Finfish Limited Entry Permit Issues:

Capacity Goal and Squid Permit

Transferability

6. Status of CPS Fishery Management Plan

(FMP) Amendments for Bycatch and

Market Squid MSY, Acceptable Biological

Catch, and Tribal Fishing Rights

G. Habitat Issues

1. Report of the Habitat Steering Group (HSG)

2. Process for Designating Habitat Areas of

Particular Concern

H. Administrative and Other Matters

1. Report of the Budget Committee

2. Status of Legislation

3. Changes in Council Operations and

Protocols

4. Report on the Council Chairmans’ Meeting

5. Research and Data Needs/Economic Data

Plan

6. Council Staff Workload Priorities and

Schedules

7. Appointment to the Groundfish Advisory

Subpanel

8. Draft Agenda for September 2000

Schedule of Ancillary Meetings

Monday, June 26, 2000

Council Secretariat—7 a.m.; Deschutes Room

Groundfish Management Team—8 a.m.;

Yakima Room

Scientific and Statistical—8 a.m.; Umatilla

Room

Habitat Steering Group—9 a.m.; Tualatin

Room

Budget Committee—2 p.m.; Umpqua Room

Groundfish Advisory Subpanel—11 a.m.;

Willamette Room

Legal Gear/Habitat Impacts—6 p.m.; Tualatin

Room

Tuesday, June 27, 2000

Council Secretariat—7 a.m.; Deschutes Room

California State Delegation—7 a.m.; Yakima

Room

Oregon State Delegation—7 a.m.; Willamette

Room

Washington State Delegation—7 a.m.;

Umatilla Room

Groundfish Advisory Subpanel—8 a.m.;

Willamette Room

Groundfish Management Team—8 a.m.;

Yakima Room

Scientific and Statistical—8 a.m.; Umatilla

Room

Enforcement Consultants—5:30 p.m.;

Tualatin Room

Ad-Hoc Groundfish Strategic Plan

Development Committee Briefing—7 p.m.;

Willamette Room

Wednesday, June 28, 2000

Council Secretariat—7 a.m.; Deschutes Room

California State Delegation—7 a.m.; Yakima

Room

Oregon State Delegation—7 a.m.; Willamette

Room

Washington State Delegation—7 a.m.;

Umatilla Room

Scientific and Statistical—8 a.m.; Umatilla

Room

Enforcement Consultants—As Needed; TBD

Groundfish Advisory Subpanel—As Needed;

Willamette Room

Groundfish Management Team—As Needed;

Yakima Room

Thursday, June 29, 2000

Council Secretariat—7 a.m.; Deschutes Room