Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68575 

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

Dated: September 28, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–21913 Filed 9–29–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD398] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to U.S. Navy Mole 

Pier South Berth Floating Dry Dock 

Project 

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 

U.S. Navy to incidentally harass marine 

mammals during construction 

associated with Mole Pier Floating Dry 

Dock project at Naval Base San Diego. 

DATES: This Authorization is effective 

from March 1, 2024 through February 

28, 2025. 

ADDRESSES: 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/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed below. 

FOR FURTHER INFORMATION CONTACT: 

Steven Tucker, Office of Protected 

Resources, NMFS, (301) 427–8401. 

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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

is 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 February 16, 2022, NMFS received 

a request from the U.S. Navy, Navy Base 

San Diego (or, the Navy) for an IHA to 

take marine mammals incidental to 

Mole Pier Floating Dry Dock project in 

south-central San Diego Bay. The 

application was deemed adequate and 

complete on May 1, 2023. The Navy’s 

request is for authorization to 

incidentally take California sea lions, 

harbor seals, and bottlenose dolphins, 

by Level B harassment only. Neither the 

U.S. Navy nor NMFS expect serious 

injury or mortality to result from this 

activity and, therefore, an IHA is 

appropriate. 

NMFS previously issued an IHA to 

the U.S. Navy for similar work (87 FR 

65578, October 31, 2022). The U.S. Navy 

has complied with all the requirements 

(e.g., mitigation, monitoring, and 

reporting) of the previous IHA, and 

information regarding their monitoring 

results is publicly available at: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. 

Description of Activity 

Overview 

The U.S. Navy request is associated 

with demolition and construction 

activities related to partial demolition 

and construction of a floating dry dock 

and related facilities at Mole Pier, Navy 

Base San Diego. The purpose of the 

Mole Pier South Berth Floating Dry 

Dock (FDD) Project is to overcome 

current shortfall in dry dock availability 

for repair and maintenance of vessels at 

Navy Base San Diego. The planned 

activity remedies some of the 

constraints resulting from aging or 

obsolete facilities. 

Activities that may result in Level B 

harassment include removal of existing 

piles and installation of new piles to 

support facilities that are necessary for 

repair and maintenance of vessels in 

furtherance of the U.S. Navy’s 

Congressionally mandated 

responsibilities under 10 U.S.C. 5062. 

The specified activity also includes 

dredging and demolition of the existing 

deck at the mooring wharf, installation 

of mooring attachments, installation of a 

steel floating dry dock and construction 

of a ramp and pier. Demolition activities 

include vibratory removal or clipping of 

up to fifty-four 24 x 24-inch square 

concrete piles and seven 24-inch 

octagonal concrete piles. Pile driving 

and extraction activities will take place 

during 33 days of in-water work at the 

Mole Pier mooring wharf and the ramp. 

The Test Pile Program (TPP) described 

in the notice of proposed authorization 

(88 FR 47111, July 21, 2023) will not be 

undertaken. Permanent pile 

installations, expected to occur via 

impact hammer and/or jetting, consist of 

eighty 24-inch octagonal concrete piles 

at the mooring wharf and twenty-one 

24-inch octagonal piles for the Ramp 

Pier and access to the FDD. 

Dates and Duration 

The U.S. Navy requested that the IHA 

be effective for a period of 1 year, from 

March 1, 2024 through February 28, 

2025. During this period, the Navy 

expects to complete the pile driving and 

removal portions of the project during 

59 workdays that may be nonconsecutive, with all in-water activities 

conducted during daylight hours. Pile 

driving and removal activities may 

occur at any time during the proposed 

1-year period of effectiveness. 

Specific Geographic Region 

The activities would occur in the 

south-central portion of San Diego Bay. 

San Diego Bay (the Bay) is a narrow, 

crescent-shaped natural embayment 

oriented northwest-southeast with an 

approximate length of 24 kilometers 

(km) and a total area of roughly 4 km2

(11,000 acres; Port of San Diego, 2007). 

The width of the Bay ranges from 300 

meters to 5.800 meters and depths range 

from 23 meters Mean Lower Low Water 

(MLLW) near the tip of Ballast Point to 

less than 1.2 meters at the southern end 


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68576 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

(Merkel and Associates, Inc., 2009). 

Approximately half of the Bay is less 

than 4.5 meters deep and much of it is 

less than 15 meters deep (Merkel and 

Associates, Inc., 2009). The northern 

and central portions of the Bay have 

been shaped by historical dredging and 

filling to support large ship navigation 

and shoreline development. The United 

States Army Corps of Engineers dredges 

the main navigation channel in the Bay 

to maintain a depth of 14 meters MLLW 

and is responsible for providing safe 

transit for private, commercial, and 

military vessels within the bay (NOAA, 

2012). Outside of the navigation 

channel, the bay floor consists of 

platforms at depths that vary slightly 

(Merkel and Associates, Inc., 2009). 

Within the Central Bay, typical depths 

range from 10.7–11.6 meters MLLW to 

support large ship turning and 

anchorage, and small vessel marinas are 

typically dredged to depths of 4.6 

meters MLLW (Merkel and Associates, 

Inc., 2009). 

San Diego Bay is heavily used by 

commercial, recreational, and military 

vessels, with an average of 82,413 vessel 

movements (in or out of the Bay) per 

year (approximately 225 vessel transits 

per day), a majority of which are 

presumed to occur during daylight 

hours. This number of transits does not 

include recreational boaters that use San 

Diego Bay, estimated to number 200,000 

annually (San Diego Harbor Safety 

Committee, 2009). Background 

(ambient) noise in the south-central San 

Diego Bay averaged 126 decibels (dB) re: 

1 micropascal (mPa) in 2019 (Dahl and 

Dall’Osto, 2019). Therefore, noise from 

non-impulsive sources associated with 

the specified activities is assumed to 

become indistinguishable from 

background noise as it diminishes to 

126 dB with distance from the source 

(Dahl and Dall’Osto, 2019). 

Detailed Description of the Specified 

Activity 

The proposed FDD installation and 

associated dredging activities would 

occur within San Diego Bay at the south 

berth of the Mole Pier, which is located 

approximately 1.6 km (1 mile) south of 

the main entrance gate to Navy Base San 

Diego (NBSD), immediately south of 

Pier 8 and the Paleta Creek Channel, 

and north of Pier 10. 

The Mole Pier floating dry dock 

project includes the following phases: 

(1) Relocation of the USS Curtiss and 

hoteling facilities that are currently 

moored along the south berth of the 

Mole Pier; 

(2) Dredging at the Mole Pier FDD 

sump, approaches, and turning basin to 

increase water-depths as well as 

subsequent sediment disposal activities; 

(3) Partial demolition of the existing 

decking at the mooring wharf; 

(4) Installation of mooring 

attachments and upgrades at the 

mooring wharf; 

(5) Demolition of existing Ramp Pier; 

(6) Utility modifications; 

(7) Placement and operation of a steel 

FDD; and 

(8) Construction of a new Ramp Pier 

with vehicle access bridge from the 

quay wall southeast of the 1 Mole Pier 

to the FDD. 


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Figure 1 -- Project Location 
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68577 

TABLE 1—PROPOSED (PARENTHESES) AND REVISED (BOLD) PILE ACTIVITIES

Pile location Pile size/type Pile extraction method 1 Piles/ 

day 

Number 

of piles 

Total 

estimated 

days 

Demolition (Pile Extraction) 1

Mooring Wharf ................................................... 24-inch Square Concrete .....................

24-inch Octagonal Concrete ................

—Hydraulic Pile Clipper .......................

—Vibratory Extraction ..........................

5 3 (24) 24 

3 (7) 7 

(5) 5 

(2) 2 

Ramp Pier .......................................................... 24-inch Square Concrete ..................... —High-pressure Water Jetting ............ (28) 29 (6) 6 

TPP (Cancelled/withdrawn) ............................... N/A ....................................................... (1) 0 (6) 0 (6) 0 

Total Piles Removed .................................. .............................................................. .............................................................. ............ (65) 60 (19) 13 

Construction (Pile Installation) 2

TPP (Cancelled/withdrawn) ...............................

Mooring Wharf ...................................................

24-inch Octagonal Concrete ................ —Impact Hammer ................................

—High-pressure Water Jetting ............

(1) 0 

(3) 3 

(0) 0 

(80) 48 

(0) 0 

(27) 16 

Ramp Pier & Intermediate Support Structure ... (21) 12 (7) 4 

Total Piles Installed .................................... .............................................................. .............................................................. ............ (107) 60 (40) 20 

Total In-Water Pile Extraction/Installation Days............................................................... .............................................................. ............ ................ (59) 33 

Notes: 

1While other methods of pile extraction are possible, cutting off the piles at mudline is the most likely method that will be used to extract piles though vibratory extraction equipment could be used if conditions warrant. No Level A/B take analysis conducted on the other pile extraction methods. 2 Impact pile installation is the most likely method that will be used to install piles. High-pressure water jetting may be used either separately from, or at the same 

time as, impact pile installation. 3The removal of the piles at the Mooring Wharf are dependent on interferences during the installation of new piles. The anticipated quantity of removed piles is 

small and will not exceed the listed values. 

Underwater demolition activities 

covered under this IHA application 

would occur over a period of 13 days at 

two primary locations: (1) the Mole Pier 

mooring wharf and (2) the Ramp Pier. 

Piles at the mooring wharf will only be 

removed if they obstruct installation of 

new piles. All of the piles that support 

the Ramp Pier are slated for removal 

and replacement in the course of 

constructing a new replacement pier. At 

both locations, the concrete pier deck 

would be saw cut longitudinally and 

transversely at mid-span of every bent, 

allowing for removal in large but 

manageable sections, with weights of 

less than 50 tons (45 metric tons). While 

the section is rigged to the derrick crane, 

a hydraulic shearing tool attached to a 

barge-mounted excavator would be used 

to cut the piles just below pile cap. 

Once freed from the piles, the sections 

would be set onto a barge. Following the 

removal of the pier deck, the piles could 

be removed via multiple methods, 

including vibratory extraction, highpressure water jetting, hydraulic pile 

clipper, wire saw, underwater chain 

saw, dead pull or via a combination of 

methods. Up to fifty-four 24-by-24-inch 

square concrete piles and seven 24-inch 

octagonal concrete piles would be 

removed from the area of the existing 

mooring wharf and the Ramp Pier. 

Any of the pile extraction activities 

cited above may occur as part of the 

Project-related activities. However, 

given that the methods other than 

vibratory pile extraction entail lower 

source levels, we assume that take will 

not result. Vibratory pile driving is the 

only demolition-related activity 

expected to potentially result in 

incidental Level B harassment and 

subsequent take of marine mammals. 

Pile installation activities would 

require 33 days. Similar to pile 

extraction activities, pile installation 

activities for the Project are broken up 

into separate phases: (1) installation of 

forty-eight 24-inch octagonal concrete 

piles at the mooring wharf; and (2) 

installation of twelve 24-inch octagonal 

concrete piles associated with the Ramp 

Pier and Intermediate Support Structure 

for personnel and vehicle access to the 

FDD. Piles installed for the mooring 

wharf and the Ramp Pier/Intermediate 

Support Structure would occur via an 

impact pile driver, high-pressure water 

jetting, or a combination of both 

methods. Vibratory pile installation is 

not expected. 

The relocation of assets, dredging and 

sediment disposal, utility modifications, 

above-water demolition activities, and 

placement and operation of the FDD 

does not have the potential to result in 

harassment under the MMPA. 

Underwater sound associated with pile 

extraction and installation would have 

the potential to harass marine mammals. 

The demolition and construction 

elements analyzed in the IHA are 

described below and would occur over 

33 days of in-water work over the 1 year 

period of authorization. 

Mitigation, monitoring, and reporting 

measures are described in detail later in 

this document (please see Mitigation 

and Monitoring and Reporting). 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to the Navy was published in 

the Federal Register on July 21, 2023 

(88 FR 47111). That notice described, in 

detail, the Navy’s activities, the marine 

mammal species that may be affected by 

the activities, and the anticipated effects 

on marine mammals. In that notice, we 

requested public input on the request 

for authorization described therein, our 

analyses, the proposed authorization, 

and any other aspect of the notice of 

proposed IHA, and requested that 

interested persons submit relevant 

information, suggestions, and 

comments. This proposed notice was 

available for a 30-day public comment 

period. NMFS received no public 

comments. 

Changes From the Proposed IHA to 

Final IHA 

The Navy provided information about 

additional changes to project design and 

implementation, foregoing the six-pile 

Test Pile Program described in the 

proposed IHA Federal Register notice. 

After further review, the Navy now 

expects most piles to be removed by 

clipping them at the mud line, rather 

than vibratory extraction. In addition, 

the total number of construction piles to 

be installed has been reduced from 107 

to 60 and the number of piles slated for 

removal has been revised downward 

from 65 to 60. There will be a 

commensurate reduction in in-water 

workdays, from 59 to 33. Pile types, 

methods of removal and installation and 

project footprint are otherwise 


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68578 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

unchanged. Due to the possibility of 

further adjustments to construction of 

the project, the Navy requests that the 

take estimates cited in the proposed IHA 

carry forward, and NMFS concurs with 

this request. There are no other changes. 

Therefore, NMFS has determined that 

the project changes do not affect the 

preliminary small numbers finding or 

negligible impact determination. 

Description of Marine Mammals in the 

Area of Specified Activities 

The request provides information 

about marine mammals that are known 

to occur in the broader geographic 

region including near the mouth of San 

Diego Bay and North Bay. Based on 

monitoring of prior projects conducted 

at Navy Base San Diego and in the 

vicinity of the FDD project, three of the 

species discussed are most likely to 

occur in the project area: California sea 

lions, bottlenose dolphins, and harbor 

seals. 

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. NMFS fully considered 

all of this information, and we refer the 

reader to these descriptions, instead of 

reprinting the information. Additional 

information regarding population trends 

and threats may be found in NMFS’ 

Stock Assessment Reports (SARs; 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessments) 

and more general information about 

these species (e.g., physical and 

behavioral descriptions) may be found 

on NMFS’ website (https://

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

Table 2 lists all species or stocks for 

which take is expected and proposed to 

be authorized for this activity, 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. 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’ SARs). While no 

serious injury or mortality is anticipated 

or proposed to be authorized here, PBR 

and annual serious injury and mortality 

from anthropogenic sources are 

included here as gross indicators of the 

status of the species or stocks and other 

threats. 

Marine mammal abundance estimates 

presented in the table represent the total 

number of individuals that make up a 

given stock. NMFS’ stock abundance 

estimates for most species represent the 

total estimate of individuals within the 

geographic area, if known, that 

comprises that stock. All managed 

stocks in this region are assessed in 

NMFS’ U.S. Pacific SARs. All values 

presented in Table 2 are the most recent 

available at the time of publication and 

are available online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments. 

TABLE 2—MARINE MAMMAL SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES 1

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 2

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 3

PBR Annual 

M/SI 4

Odontoceti (toothed whales, dolphins, and porpoises) 

Family Delphinidae 

Bottlenose dolphin ..................... Tursiops truncatus .................... California coastal ...................... N 453 .................................. 2.7 >2.0 

Order Carnivora—Pinnipedia 

Family Otariidae (eared seals and sea lions) 

California Sea Lion .................... Zalophus californianus .............. United States ............................ N 257,606 ........................... 14,011 >321 

Family Phocidae (earless seals) 

Harbor seal ................................ Phoca vitulina ........................... California ................................... N 30,968 ............................. 1,641 43 

1 Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy 

(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)). 2Endangered 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. 3 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation, Nmin is the minimum estimate of stock 

abundance. In some cases, CV is not applicable. 4These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, vessel strike). Annual 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. 

As indicated above, the 3 species in 

Table 2 temporally and spatially cooccur with the activity to the degree that 

take is reasonably likely to occur. Based 

on many years of observations and 

numerous Navy-funded surveys in San 

Diego Bay (Merkel and Associates, Inc., 

2008; Sorensen and Swope, 2010; 

Graham and Saunders, 2014; Tierra Data 

Inc., 2016), other marine mammals 

rarely occur south of the Coronado Bay 

Bridge, are not known to occur near 

Naval Base San Diego, and any 

occurrence in the project area would be 

very rare. Therefore, while common 

dolphins (Delphinus delphis and 

Delphinus capensis), and gray whales 

(Eschrictius robustus) have been sighted 

in North Bay and reported near the 

mouth of San Diego Bay respectively 

(Naval Facilities Engineering Command, 

Southwest and Port of San Diego Bay, 

2013), they are not anticipated to occur 

in the project area and no take of these 

species is anticipated or proposed to be 

authorized. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

deleterious effects. To appropriately 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68579 

assess the potential effects of exposure 

to sound, it is necessary to understand 

the frequency ranges marine mammals 

are able to hear. Not all marine mammal 

species have equal hearing capabilities 

(e.g., Richardson et al., 1995; Wartzok 

and Ketten, 1999; Au and Hastings, 

2008). To reflect this, Southall et al. 

(2007, 2019) recommended that marine 

mammals be divided into hearing 

groups based on directly measured 

(behavioral or auditory evoked potential 

techniques) or estimated hearing ranges 

(behavioral response data, anatomical 

modeling, etc.). Note that no direct 

measurements of hearing ability have 

been successfully completed for 

mysticetes (i.e., low-frequency 

cetaceans). Subsequently, NMFS (2018) 

described generalized hearing ranges for 

these marine mammal hearing groups. 

Generalized hearing ranges were chosen 

based on the approximately 65 decibel 

(dB) threshold from the normalized 

composite audiograms, with the 

exception for lower limits for lowfrequency cetaceans where the lower 

bound was deemed to be biologically 

implausible and the lower bound from 

Southall et al. (2007) retained. Marine 

mammal hearing groups and their 

associated hearing ranges are provided 

in Table 3. 

TABLE 3—MARINE MAMMAL HEARING GROUPS

[NMFS, 2018] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................... 7 Hz to 35 kHz. 

Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ........................................... 150 Hz to 160 kHz. 

High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. 

australis).

275 Hz to 160 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ................................................................................................................... 50 Hz to 86 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .............................................................................................. 60 Hz to 39 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, 

with the exception for lower limits for LF cetaceans (Southall et al., 2007) and PW pinniped (approximation). 

The pinniped functional hearing 

group was modified from Southall et al. 

(2007) on the basis of data indicating 

that phocid species have consistently 

demonstrated an extended frequency 

range of hearing compared to otariids, 

especially in the higher frequency range 

(Hemila ̈ et al., 2006; Kastelein et al., 

2009; Reichmuth and Holt, 2013). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of underwater noise from 

the Navy’s construction activities have 

the potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the project area. The notice 

of the proposed IHA (88 FR 47111, July 

21, 2023) included a discussion of the 

effects of anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from the Navy’s 

construction activities on marine 

mammals and their habitat. That 

information and analysis was 

considered in these final IHA 

determinations and is not repeated here; 

please refer to the Federal Register 

notice of proposed IHA (88 FR 47111, 

July 21, 2023). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through the IHA, which will 

inform both NMFS’ consideration of 

‘‘small numbers,’’ and the negligible 

impact determinations. 

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). 

Here, authorized takes are by Level B 

harassment only, in the form behavioral 

response to noise, or short-term 

disruption of behavioral patterns 

resulting from exposure to sound 

generated during pile driving and 

extraction activities. Based on the 

nature of the activity, Level A 

harassment is neither anticipated nor 

authorized. As described previously, no 

serious injury or mortality is anticipated 

or authorized for this activity. Below, 

we describe how the take numbers are 

estimated. 

For acoustic impacts, 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 

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) the number of days of activities. 

We note that while these factors can 

contribute to a basic calculation to 

provide an initial prediction of potential 

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 estimates. 

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 auditory 

permanent threshold shift (PTS) of some 

degree (equated to Level A harassment). 

Level B harassment is largely 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 or exposure 

context (e.g., frequency, predictability, 

duty cycle, duration of the exposure, 

signal-to-noise ratio, distance to the 

source), the environment (e.g., 

bathymetry, other noises in the area, 

predators in the area), and the receiving 

animals (hearing, motivation, 

experience, demography, life stage, 

depth) and can be difficult to predict 

(e.g., Southall et al., 2007, 2021; Ellison 


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et al., 2012). Based on what the 

available science indicates and the 

practical need to use a threshold based 

on a metric that is both predictable and 

measurable for most activities, NMFS 

typically uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS generally predicts 

that marine mammals are likely to be 

behaviorally harassed in a manner 

considered to be Level B harassment 

when exposed to underwater 

anthropogenic noise above root-meansquared pressure received levels (RMS 

SPL) of 120 dB (referenced to 1 

micropascal (re 1 mPa)) for continuous 

(e.g., vibratory pile driving, drilling) 

sources, and above RMS SPL 160 dB re 

1 mPa for non-explosive impulsive (e.g., 

seismic airguns) or intermittent (e.g., 

scientific sonar) sources. Generally 

speaking, Level B harassment take 

estimates based on these behavioral 

harassment thresholds are expected to 

include any likely takes by temporary 

threshold shift (TTS) as, in most cases, 

the likelihood of TTS occurs at 

distances from the source less than 

those at which behavioral harassment is 

likely. TTS of a sufficient degree can 

manifest as behavioral harassment, as 

reduced hearing sensitivity and the 

potential reduced opportunities to 

detect important signals (masking of 

vocalization/conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

The specified activity includes the 

use of continuous (vibratory pile 

extraction) and impulsive (impact pile 

driving) sources, and therefore the RMS 

SPL thresholds of 120 and 160 dB re 1 

mPa would typically be applicable. 

However, as discussed above, the Navy 

has established that the ambient noise 

in the project area is 126 dB re 1 mPa 

(rms). Since this is louder than the 120 

dB threshold for continuous sources, 

126 dB becomes the effective threshold 

for Level B harassment for continuous 

sources. 

Level A harassment is described in 

detail in NMFS’ Technical Guidance for 

Assessing the Effects of Anthropogenic 

Sound on Marine Mammal Hearing 

(Version 2.0) (Technical Guidance, 

2018). The Technical Guidance 

identifies dual criteria to assess auditory 

injury (Level A harassment) to five 

different marine mammal groups (based 

on hearing sensitivity) as a result of 

exposure to noise from two different 

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

activity includes the use of both 

impulsive (impact pile driving) and 

non-impulsive (vibratory extraction) 

sources. 

The Level A harassment thresholds 

are provided in the table below. 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. 

No project activities are expected to 

approach levels that may induce PTS or 

other injury, and no take by Level A 

harassment is expected or authorized. 

TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset acoustic thresholds (received level) 

Impulsive Non-impulsive 

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

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

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

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

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

Ensonified Area 

Here, we describe the parameters of 

the specified activity used to estimate 

the ensonified area and application of 

related acoustic thresholds, including 

source levels and transmission loss 

coefficient. 

The ensonified area associated with 

Level A harassment is more technically 

challenging to predict due to the need 

to account for a duration component. 

Therefore, NMFS developed an optional 

User Spreadsheet tool to accompany the 

Technical Guidance that can be used to 

relatively simply predict an isopleth 

distance for use in conjunction with 

marine mammal density or occurrence 

to help predict potential takes. We note 

that because of some of the assumptions 

included in the methods underlying this 

optional tool, we anticipate that the 

resulting isopleth estimates are typically 

going to be overestimates of some 

degree, which may result in an 

overestimate of potential take by Level 

A harassment. However, this optional 

tool offers the best way to estimate 

isopleth distances when more 

sophisticated modeling methods are not 

available or practical. For stationary 

sources (such as pile driving and 

removal), the optional User Spreadsheet 

tool predicts the distance at which, if a 

marine mammal remained at that 

distance for the duration of the activity, 

it would be expected to incur PTS. 

Inputs used in the optional User 

Spreadsheet tool, and the resulting 

estimated isopleths, are reported below. 

TABLE 5—CALCULATED EXTENT OF LEVEL A AND LEVEL B HARASSMENT ZONES

Activity description Pile size/type & source levels 1

Level A harassment 

zones 2

(meters) 

Level B 

harassment zones 2

(meters) 

California 

sea lions 

Harbor 

seals 

Coastal 

bottlenose 

dolphins 

All species 

Vibratory Extraction 3 24-inch octagonal/square concrete (Production) (162 

RMS).

0.0 6.8 1.0 5 3,525 × 1,055 

24-inch octagonal concrete (TPP) 4 (162 RMS) ........ 0.0 2.3 0.3 

Impact Driving 6 ....... 24-inch octagonal concrete (TPP) 4 (188 Peak, 176 

RMS, 166 SEL).

0.0 28.0 1.9 375 


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TABLE 5—CALCULATED EXTENT OF LEVEL A AND LEVEL B HARASSMENT ZONES—Continued 

Activity description Pile size/type & source levels 1

Level A harassment 

zones 2

(meters) 

Level B 

harassment zones 2

(meters) 

California 

sea lions 

Harbor 

seals 

Coastal 

bottlenose 

dolphins 

All species 

24-inch octagonal concrete (Production) (188 Peak, 

176 RMS, 166 SEL).

0.0 58.2 3.9 

1Sound source levels at 10 meters (m) (33 ft.) distance. Units for Peak and RMS are dB re 1 μPa. The unit for sound exposure level (SEL) is 

dB 1 μPa2-sec. 2 Level A distances are based on a site-specific model for California sea lions (Dall’Osto and Dahl, 2019) and a generic Practical Spreading 

Loss model (NMFS, 2018, 2020) for harbor seals and coastal bottlenose dolphins. The Level A harassment criteria are not exceeded for California sea lions based on the site-specific model (Dall’Osto and Dahl, 2019). Level B harassment distances are based on the site-specific model 

(Dall’Osto and Dahl, 2019). No take by Level A harassment is requested or proposed for authorization. 3Assumes 20 minutes of vibratory pile extraction, Weighting Factor Adjustment of 2.5 kHz, with 5 piles/day for Production, and 1 pile/day for 

the TPP. 4The TPP Piles will be installed via an impact hammer prior to the production piles, re-struck for testing approximately 1 week later, and then 

removed prior to the start of production pile driving. 5The distances represent the maximum north/south and east/west distance from the pile being driven. These distances are represented by the 

green line in Figure 6–1 of the Navy’s application. 6Assumes 600 strikes per pile, 0.01 second single-strike duration, Weighting Factor Adjustment of 2.0 kHz, with 3 piles/day for Production, and 

1 pile/day for the TPP. 

Marine Mammal Occurrence 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information which will inform 

the take calculations. In the case of the 

Navy’s FDD project, monitoring results 

from nearby projects provide the best 

available information about marine 

mammal presence and abundance in the 

project area. Accordingly, for purposes 

of estimating density of species that may 

occur in the project area, sightings 

collected in the course of monitoring 

projects for work at other locations 

within the bounds of NBSD are used. 

Due to the dynamic nature and 

multitude of overlapping uses of the 

north and north-central San Diego Bay, 

a number of marine mammal surveys 

have been conducted (Merkel and 

Associates, Inc., 2008; Sorensen and 

Swope, 2010; Graham and Saunders 

2014; Naval Facilities Engineering 

Command, Southwest (NAVFAC SW) 

2018b). Based on these surveys 

California sea lions are the predominant 

species observed. However, relative to 

the FDD project area, only one 

dedicated line transect survey (Sorensen 

and Swope, 2010) surveyed an area 

south of the Coronado Bridge. During 

the Sorensen and Swope (2010) survey, 

two sightings of one California sea lion 

each were reported in the water adjacent 

to NBSD. As presented in the NBSD Pier 

6 Replacement Project’s first year’s 

interim report (NAVFAC SW, 2022) a 

clearer picture of marine mammal 

activity south of the Coronado Bay 

Bridge was developed during 132 days 

of observations. This recent monitoring 

effort found that California sea lions 

were the most common species 

observed south of the Coronado Bridge 

(69.9 percent), but coastal bottlenose 

dolphins (29.5 percent), and to a lesser 

extent harbor seals (0.6 percent), were 

observed as well. The Pier 6 

Replacement Project data represents the 

best available science for an area that is 

close to the project area described here. 

Accordingly, the application uses these 

prior observations from the immediate 

vicinity as a basis for assessing potential 

project impacts to California sea lions, 

coastal bottlenose dolphins, and harbor 

seals by leveraging the numbers 

provided in NAVFAC SW (2022). 

Take Estimation 

Here, we describe how the 

information provided in the application 

was synthesized to produce the 

quantitative estimate of the take that 

informed the authorization. Changes 

described in Changes from the Proposed 

IHA to Final IHA above are expected to 

reduce the effects described below. 

However, due to the potential for further 

changes that may arise during 

construction, the Navy requests that the 

higher take estimates that follow below, 

and that were developed based on the 

construction methods and materials 

described in the initial application. 

The degree to which underwater noise 

propagates away from a noise source is 

dependent on a variety of factors, most 

notably by bathymetry and the presence 

or absence of reflective or absorptive 

conditions, including the sea surface 

and sediment type. The two models 

used to assess the potential distances to 

regulatory thresholds and to evaluate 

the potential for Level A/B harassment: 

(Dall’Osto and Dahl 2019; NMFS 2018, 

2020), and a Practical Spreading Loss 

model (PSL). Dall’Osto and Dahl (2019) 

developed site-relevant acoustic models 

using point sources at three locations 

(Pier 1, Pier 6 and Pier 13) along the 

eastern extent of the south-central San 

Diego Bay on NBSD. Due to the similar 

bathymetry and location with respect to 

the channel, the Pier 13 modeling 

location, which is roughly 725 meters to 

the south of the Project location 

approximates the sound propagation 

profile from a notional source at the 

Mole Pier mooring wharf FFD location. 

Key to this profile is the dampening 

effect of sound due to the western slope 

of the dredged navigation channel, as 

well as channelization of sound to the 

north and south within the channel. 

While the Pier 13 point is not exactly in 

the project location, the model provides 

suitable representation of sound 

propagation in the project area with a 

higher degree of resolution than a 

generic PSL model would provide. 

Harbor seals and coastal bottlenose 

dolphins were not included in the sitespecific modeling effort for Level A 

harassment isopleth calculations. As a 

result, the NMFS user spreadsheet 

(NMFS 2020) was used to determine 

Level A harassment zones for these 

species. To determine zones for 

potential Level B harassment, the sitespecific model was used for all species 

because the threshold criteria for Level 

B harassment are based solely on 

continuous or impulsive noise source 

and are not frequency-dependent. 


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TABLE 6—ESTIMATED TAKES FROM LEVEL B HARASSMENT

Species 

Expected 

average 

individuals 

per day 

Requested 1

Level B take 

Stock 

abundance 

Instances of 

take as 

percent of 

stock 

California sea lion ................................................................................................ 2 118 257, 606 0.05% 

Harbor seal .......................................................................................................... 1 59 30,968 0.19% 

Coastal bottlenose dolphin .................................................................................. 1 59 453 13% 

1Based on 59 days of pile driving activity. 

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, NMFS considers 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. 

The following mitigation measures are 

required in order to avoid and minimize 

the potential for Level A harassment 

and to reduce, to the lowest extent 

practicable, exposure to noise exceeding 

Level B harassment criteria. The 

contractor is responsible for complying 

with all the mitigation measures listed 

below, whereas on-site Navy 

representatives will monitor the 

contractor’s performance and require 

corrective action or stop work, if 

necessary, to ensure that requirements 

are met. 

(1) Time Restriction: The Navy plans 

to conduct in-water pile extraction/ 

installation activities only when 

sufficient ambient light is available for 

visual observations (generally 30 

minutes after sunrise and up to 45 

minutes before sunset); however, the 

Lead Protected Species Observer will 

make a final determination as to when 

to start or stop activities based on 

ambient lighting conditions. 

(2) General Vessel and Machinery 

Stoppage: For in-water activities, 

including heavy machinery activities 

other than pile extraction/installation 

(e.g., barge movements) or when using 

vessels, if a marine mammal comes 

within 10 m (33 ft.), the activity must 

cease operations and/or reduce vessel 

speed to the minimum level required to 

maintain steerage and safe working 

conditions. 

(3) Pre-Construction Briefing: Prior to 

the start of all in-water pile installation 

or extraction activities, briefings will be 

conducted for construction supervisors 

and crews, the monitoring team and 

when new personnel join the work. The 

briefing will explain responsibilities, 

communication procedures, the marine 

mammal protocols, and operational 

procedures for stopping/delaying inwater activities. 

(4) Protected Marine Species Visual 

Monitoring: Marine Species Visual 

Monitoring will assess and document 

any effects on marine mammals. PSOs 

will visually observe the surrounding 

waters for marine mammal presence, 

assess any potential Level B harassment 

and ensure effective notification of any 

animals sighted in established 

shutdown zones. 

• Monitoring will take place from 30 

minutes prior to initiation through 30 

minutes post-completion of pile 

extraction/installation activities; 

• During all observation periods, the 

PSOs will use binoculars and/or the 

naked eye to search continuously for 

protected marine species; 

• Shutdown zone(s) may only be 

declared clear, and pile extraction/ 

installation started, when the entire 

shutdown zone is visible (i.e., when not 

obscured by a poor light, rain, fog, etc.). 

If the applicable shutdown zone is 

obscured by fog or poor lighting 

conditions, activity at the location will 

not be initiated until the shutdown zone 

is visible. 

(4) All observers shall have no other 

project-related tasks while recording 

data to address the following 

requirements: 

a. Date and time that pile extraction/ 

installation begins or ends; 

b. Construction activities occurring 

during each observation period; 

c. Weather parameters (e.g., wind, 

temperature, percent cloud cover, and 

visibility); 

d. Tide stage and sea state (The 

Beaufort Sea State Scale will be used to 

determine sea-state); 

e. Species, numbers, and, if possible, 

sex and age class of marine mammals; 

f. Marine mammal behavior patterns 

observed, including bearing and 

direction of travel, and if possible, the 

correlation to Sound Pressure Levels; 

g. Distance from pile installation 

activities to marine mammals and 

distance of a sighted marine mammal 

from the observation point; 

h. Locations of all PSOs; and 

i. Other, relevant human activity in 

the area. 

(5) Soft Start: The use of soft-start 

procedures for impact pile driving are 

expected to provide additional 

protection to marine mammals by 

providing a warning and/or giving 

marine mammals a chance to leave the 

area prior to the hammer operating at 

full capacity. 

6. Shutdown Zones: 


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TABLE 7—SHUTDOWN ZONES

Activity description Pile size/type & source levels 

Shutdown zones (meters) 

California 

sea lions 

Harbor 

seals 

Coastal 

bottlenose 

dolphins 

Vibratory Extraction ............ 24-inch octagonal/square concrete (Production) (162 RMS) ................. 10 10 10 

24-inch octagonal concrete (TPP) (162 RMS) ....................................... 10 10 10 

Impact Driving ..................... 24-inch octagonal concrete (TPP) (188 Peak, 176 RMS, 166 SEL) ..... 10 30 10 

24-inch octagonal concrete (Production) (188 Peak, 176 RMS, 166 

SEL).

10 60 10 

• Based on the activity and species 

observed shutdown zones will be 

established around in-water pile 

extraction/installation activities to avoid 

the potential for Level A harassment of 

marine mammals. 

• One Pier-based PSO will be 

stationed with clear view of the 

shutdown zone(s) and will be 

responsible for initiating shutdowns/ 

delays of project activities, monitoring 

for animals in close proximity to the 

project site, and the collection of 

project-related activity data (i.e., pile 

extraction/installation start and stop 

times, shutdowns/delays); 

• Visual surveys will occur for at 

least 30 minutes prior to the start of pile 

extraction/installation; 

• If marine mammals covered under 

the IHA are present within the Level B 

harassment zone, in-water construction 

or demolition will be allowed to start 

without delay. 

• If a marine mammal covered in the 

IHA enters an applicable shutdown 

zone, all pile extraction/installation 

activities at that location shall be 

delayed. The animal(s) shall be allowed 

to remain in the shutdown zone (i.e., 

must leave of their own volition) and 

their behavior must be monitored and 

documented. Work will be allowed to 

start once the animal has been observed 

either leaving the shutdown area, or 15 

minutes has elapsed since the last 

observation without re-detection of the 

animal; 

• If a marine mammal covered in the 

IHA enters the applicable shutdown 

zone, the PSO shall direct a halt of all 

pile extraction/installation activities at 

that location and initiate mitigation. The 

animal(s) must be allowed to remain in 

the shutdown zone (i.e., must leave of 

their own volition) and their behavior 

must be monitored and documented. 

Work may restart once the animal has 

been observed either leaving the 

shutdown area, or 15 minutes has 

elapsed since the last observation 

without re-detection of a marine 

mammal; 

• If a marine mammal not covered in 

the IHA enters the applicable Level B 

harassment zone, all pile extraction/ 

installation activities shall be halted. 

The animal(s) must be allowed to 

remain in the Level B harassment zone 

(i.e., must leave of their own volition) 

and their behavior must be monitored 

and documented. Work will be allowed 

to restart once the animal has been 

observed either leaving the Level B 

harassment zone, or 60 minutes has 

elapsed since the last observation 

without re-detection of the animal; and 

• In the unlikely event that 

environmental conditions, such as 

heavy fog, prevent the visual detection 

of marine mammals within the 

shutdown zone (see Table 7), in-water 

demolition or construction activities 

will not be initiated. If in-water 

demolition or construction activities 

have been initiated, and conditions 

deteriorate so that the shutdown zone is 

not completely visible, then activities 

will be delayed until the zone is fully 

visible. 

Based on our evaluation of these 

measures NMFS has determined that the 

required mitigation measures provide 

the means of effecting the least 

practicable impact on the affected 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

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

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present while conducting the activities. 

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 

activity; 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. 

The Navy addresses the above 

requirements in depth in its NMFSapproved Marine Species Monitoring 

Plan and plans to implement the 

following procedures: 

The Navy will retain independent 

PSOs to collect marine mammal 

sightings data, including behaviors, 

during site preparation in the preconstruction period, during all in-water 

workdays, through completion of in 

water construction and the 

demobilization of pile extraction/ 

installation extraction equipment. To 

eliminate the potential for bias, all 


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marine mammal observations will be 

logged, regardless of proximity to the 

Level A or Level B harassment zones. 

The efficacy of visual detection depends 

on several factors including the PSO’s 

ability to detect the animal, the 

environmental conditions (visibility and 

sea state), and monitoring platforms. All 

observers shall be trained in marine 

mammal identification and behaviors, 

and satisfy the following criteria: 

• Visual acuity in both eyes 

(correction is permissible) sufficient to 

discern moving targets at the water’s 

surface with ability to estimate target 

size and distance. Use of binoculars or 

spotting scope may be necessary to 

correctly identify the target. 

• Advanced education in biological 

science, wildlife management, 

mammalogy or related field (Bachelor’s 

degree or higher is preferred), or 

equivalent Alaska Native traditional 

knowledge. 

• Experience and ability to conduct 

field observations and collect data 

according to assigned protocols (this 

may include academic experience). 

• Experience or training in the field 

identification of marine mammals 

(cetaceans and pinnipeds). 

• Sufficient training, orientation or 

experience with vessel operation and 

pile driving operations to provide for 

personal safety during observations. 

• Writing skills sufficient to prepare a 

report of observations. Reports should 

include such information as the 

number, type, and location of marine 

mammals observed; the behavior of 

marine mammals in the area of potential 

sound effects during construction; dates 

and times when observations and inwater construction activities were 

conducted; dates and times when inwater construction activities were 

suspended because of marine mammals, 

etc. 

• Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real time 

information on marine mammals 

observed in the area and necessary 

actions, as needed. 

General Visual Monitoring Protocols: 

Trained PSOs will be placed at the best 

vantage point(s) practicable (e.g., the 

crane barge, on shore, or any other 

suitable location) to monitor for marine 

mammals and implement shutdown/ 

delay procedures, when applicable, by 

notifying the construction operator of a 

need for a work stoppage. 

Marine Mammal Monitoring Protocols 

• Observation data will be recorded 

for any marine mammals within visual 

range of the PSO, regardless of 

proximity to the monitoring zones; 

• Up to three PSOs at up to three 

locations will conduct the marine 

mammal monitoring depending on the 

activity and size of monitoring zones 

(see Figure 1–2 of the Navy’s 

application). All PSOs will 

communicate with each other to 

enhance tracking of marine mammals 

that may be moving through the area 

and to minimize duplicate observation 

records of the same animal by different 

PSOs (i.e., a re-sighting); 

• Results of all protected marine 

mammal observations will be recorded 

on electronic tablet or hardcopy 

datasheets (see Appendix A for an 

example of a hard-copy datasheet); 

• If an injured, sick, or dead marine 

mammal is observed, procedures 

outlined in Section 3.0 of the Navy’s 

application will be followed: 

Æ In the event that personnel 

involved in the Project-related activities 

discover an injured or dead marine 

mammal, the Navy POC for the IHA 

shall report the incident to the Office of 

Protected Resources (OPR), NMFS, and 

the Regional Stranding Coordinator as 

soon as feasible; 

Æ If the death or injury was clearly 

caused by the specified activity, the 

IHA-holder 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. 

Æ The report will include the 

following information: 

D Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

D Species identification (if known) or 

description of the animal(s) involved; 

D Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

D Observed behavior of the animal(s), 

if alive; 

D If available, photographs or video 

footage of the animal(s); and 

D General circumstances under which 

the animal was discovered. 

Æ In the event that an injured or dead 

marine mammal is discovered, and the 

Lead PSO determines that the cause of 

the injury or death is unknown and the 

death is relatively recent (i.e., in less 

than a moderate state of decomposition 

as described in the next paragraph), the 

PSO will report to the Navy POC; 

Æ Within 24 hours, the Navy POC 

will report the incident to the NBSD 

Base Biologist, the NMFS OPR, and the 

appropriate West Coast Region Marine 

Mammal Network Stranding 

Coordinators as noted above; 

Æ The report will include the same 

information identified above. Pursuant 

to NMFS instruction and approval, 

activities may continue while the 

circumstances of the incident are under 

review; 

Æ In the event that an injured or dead 

marine mammal is discovered, and the 

Lead PSO determines that the injury or 

death is not a result of activities 

authorized in the IHA (i.e., previously 

wounded animal, carcass with moderate 

to advanced decomposition, or 

scavenger damage), the Lead PSO will 

report the incident to the Navy POC, 

who will report the animal(s) to the 

NBSD base biologist; 

Æ The appropriate West Coast Region 

Marine Mammal Network Stranding 

Coordinators, as noted above, will be 

notified within 24 hours of the 

discovery; 

Æ The PSOs will provide photographs 

or video footage (if available) or other 

documentation of the stranded animal 

sighting to the Navy POC under such a 

case; and 

Æ At no time should the PSO handle, 

or attempt to handle, a dead marine 

mammal. 

Pre-Construction Monitoring 

Visual surveys will occur for at least 

30 minutes prior to the start of pile 

extraction/installation and mitigation 

measures will be initiated as described 

above. 

Monitoring Concurrent With 

Construction 

• If a marine mammal approaches, or 

appears to be approaching, the 

shutdown zone(s), the PSO who first 

observed the animal will alert the 

‘‘Command’’ PSO, who will notify the 

construction crew of the animal’s 

current status. In-water activities 

addressed in the IHA will be allowed to 

continue while the animal remains 

outside the shutdown zone; 

• If shutdown and/or clearance 

procedures would result in an imminent 

concern for human safety, then the 

activity will be allowed to continue 

until the safety concern is addressed. 

During that timeframe, the animal(s) 

will be continuously monitored, and the 

Navy POC will be notified and 

consulted prior to re-initiation of 

Project-related activities; and 

• Regardless of location within the 

Level B harassment zone, an initial 

behavior and the location of the 

animal(s) will be logged. Behaviors will 

be continually logged until the animal is 

either passed off to another PSO, the 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68585 

animal is no longer visible, or it has left 

the Level B harassment zone. 

Post-Activity Monitoring 

• Monitoring of all zones will 

continue for 30 minutes following 

completion of pile extraction/ 

installation and drilling activities. These 

surveys will record all marine mammal 

observations following the same 

procedures as identified for the preconstruction monitoring time-period, 

and will focus on observing and 

reporting unusual or abnormal 

behaviors; and 

• A summary report of recorded 

observations, work stoppages (if any) 

and an assessment of (1) effectiveness of 

mitigation and (2) recommendations for 

adjustment to future monitoring 

protocols will be required within 90 

days of project completion or expiration 

of an IHA. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

as an impact resulting from the 

specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any impacts or responses (e.g., 

intensity, duration), the context of any 

impacts or responses (e.g., critical 

reproductive time or location, foraging 

impacts affecting energetics), 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’ 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 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, this discussion of 

our analysis applies to all the species 

listed in Table 2, 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. 

The takes from Level B harassment 

would be due to potential behavioral 

disturbance such as avoidance or 

temporary displacement or temporary 

shift in hearing threshold. No mortality 

is anticipated given the nature of the 

activity and measures designed to 

minimize the possibility of injury to 

marine mammals. The potential for 

harassment is minimized through the 

construction method and the 

implementation of the planned 

mitigation measures (see Mitigation 

section). 

The nature of the pile driving project 

precludes the likelihood of serious 

injury or mortality. Take would occur 

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

range. The duration and intensity of 

Level B harassment events will be 

minimized through use of mitigation 

measures described herein. Further the 

amount of take proposed to be 

authorized is extremely small when 

compared to stock abundance. 

Behavioral responses of marine 

mammals to pile driving at the project 

site, if any, are expected to be mild and 

temporary. Marine mammals within the 

Level B harassment zone may not show 

any visual cues they are disturbed 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 6 months, 

any harassment would be temporary. 

There are no other areas or times of 

known biological importance for any of 

the affected species. 

In addition, it is unlikely that minor 

noise effects in a small, localized area of 

habitat would have any effect on the 

stocks’ ability to recover. In 

combination, we believe that these 

factors, as well as the available body of 

evidence from other similar activities, 

demonstrate that the potential effects of 

the specified activities will have only 

minor, short-term effects on individuals. 

The specified activities are not expected 

to impact rates of recruitment or 

survival and will therefore not result in 

population-level impacts. 

In summary and as described above, 

the following factors primarily support 

our determination that the impacts 

resulting from this activity are not 

expected to adversely affect any of the 

species or stocks through effects on 

annual rates of recruitment or survival: 

• No serious injury or mortality is 

anticipated or authorized; 

• No important habitat areas have 

been identified within the project area; 

• For all species, San Diego Bay is a 

peripheral part of their range; 

• Among the suitable options for 

construction available, the Navy will 

select lower-impact techniques such as 

vibratory pile driving in lieu of impact 

driving, to the maximum extent 

practicable; 

• The Navy will adhere to standards 

for soft-starts when impact driving and 

shut downs for all in-water activities 

subject to work stoppage; and 

• Monitoring reports from similar 

work in San Diego Bay have 

documented little to no effect on 

individuals of the same species 

resulting from 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 

proposed monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the specified 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (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 has 

authorized is below one-third of the 

estimated stock abundance of the three 

species that may be subject to Level B 

harassment from the proposed pile 

driving and extraction activities. 

These estimated takes meet the ‘‘small 

numbers’’ criterion given that total 


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68586 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

requested instances of take equate to no 

more than 13 percent of any stock 

expected to be taken, less than 

benchmark of less than one-third of 

stock abundance often used to 

substantiate a small numbers finding. 

Comparing estimated instances of take 

against stock abundance for assessment 

of small numbers is a conservative 

approach and is likely to over-estimate 

the number of animals that may be 

affected by the activity. 

Based on the analysis contained 

herein of the specified activity 

(including the mitigation and 

monitoring measures) and the 

anticipated take of marine mammals, 

NMFS finds that small numbers of 

marine mammals would 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. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (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 

whenever we propose to authorize take 

for endangered or threatened species. 

No incidental take of ESA-listed 

species is proposed for authorization 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. 

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. 

Authorization 

NMFS has issued an IHA to the Navy 

for the incidental take of marine 

mammals due to in-water construction 

activities associated with the Floating 

Dry Dock Project at Naval Base San 

Diego in San Diego, California from 

March 1, 2024 to February 28, 2025, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: September 28, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–21920 Filed 10–3–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Proposed Information 

Collection; Comment Request; U.S.- 

Canada Albacore Treaty Reporting 

System 

AGENCY: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before December 4, 2023. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

Adrienne Thomas, NOAA PRA Officer, 

at NOAA.PRA@noaa.gov. Please 

reference OMB Control Number 0648– 

0492 in the subject line of your 

comments. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Karen 

Palmigiano, National Marine Fisheries 

Service (NMFS), karen.palmigiano@

noaa.gov, 206–526–4491, West Coast 

Region (WCR) Permits Branch, 7600 

Sand Point Way NE, Bldg. 1, Seattle, 

WA 98115. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This request is for an extension of a 

currently approved information 

collection. 

The National Marine Fisheries Service 

(NMFS), West Coast Region (WCR), 

manages the United States (U.S.)— 

Canada Albacore Tuna Treaty of 1981 

(Treaty). Owners of vessels that fish 

from U.S. West Coast ports for albacore 

tuna (Thunnus alalunga) are required to 

notify the NMFS WCR of their desire to 

be on the list of vessels provided to 

Canada each year indicating vessels 

eligible to fish for albacore tuna in 

waters under the jurisdiction of Canada. 

Additionally, vessel operators are 

required to report in advance their 

intention to fish in Canadian waters 

prior to crossing the maritime border as 

well as to mark their fishing vessels to 

facilitate enforcement of the effort limits 

under the Treaty. Vessel operators are 

also required to maintain and submit a 

logbook of all catch and fishing effort. 

The regulations implementing the 

reporting and vessel marking 

requirements under the Treaty are at 50 

CFR part 300.172–300.176. If a vessel 

enters into Canadian waters without 

adhering to these regulations, they will 

be in violation of the treaty and 

Canadian enforcement may issue a fine 

or a warning. 

The estimated burden below includes 

hours to complete the logbook 

requirement, although it is assumed that 

most if not all of the respondents 

already complete the required logbook 

under the mandatory West Coast Highly 

Migratory Species Fishery Management 

Plan (HMS FMP), OMB Control No. 

0648–0223. Duplicate reporting under 

the Treaty and HMS FMP is not 

required. Most years, there will be much 

less fishing (and thus less reporting) 


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