Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 77985 

mitigation and monitoring measures) 

and the anticipated take of marine 

mammals, NMFS preliminarily finds 

that small numbers of marine mammals 

will be taken relative to the population 

size of the affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks will 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 (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 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 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 NAO 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 final IHA qualifies to be 

categorically excluded from further 

NEPA review. 

Authorization 

NMFS has issued an IHA to the Port 

of Bellingham for the potential 

harassment of small numbers of three 

marine mammal species incidental to 

the maintenance and rehabilitation of 

the Bellingham Shipping Terminal 

project in Bellingham, WA, that 

includes the previously explained 

mitigation, monitoring and reporting 

requirements. 

Dated: November 7, 2023. 

Shannon Bettridge, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–24977 Filed 11–13–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD502] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to U.S. Coast 

Guard Construction in Astoria, Oregon 

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 

United States Coast Guard (USCG) to 

incidentally harass marine mammals 

during pile driving activities associated 

with East Tongue Point (ETP) 

construction project in Astoria, Oregon. 

DATES: The Authorization is effective 

from November 6, 2023 through 

November 5, 2024. 

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/action/ 

incidental-take-authorization-unitedstates-coast-guards-constructionastoria-oregon. In case of problems 

accessing these documents, please call 

the contact listed above. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, 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 April 22, 2022, NMFS received a 

request from the USCG for an IHA to 

take marine mammals incidental to pile 

driving activity associated with the ETP 

construction in Astoria, Oregon. 

Following NMFS’ review of the 

application, we received a revised 

version of the application on June 27, 

2022. After finalizing construction 

details, the USCG submitted another 

revised version on May 26, 2023, 

followed by a final revised version on 

July 24, 2023, which was deemed 

adequate and complete on August 1, 

2023. The proposed IHA was published 

for public comment on September 27, 

2023. USCG’s request is for take of 

harbor seal, California sea lion, Steller 

sea lion and harbor porpoise by Level B 

harassment and, for harbor seal and 

harbor porpoise, Level A harassment. 

Neither USCG nor NMFS expect serious 

injury or mortality to result from this 

activity and, therefore, an IHA is 


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appropriate. There are no changes from 

the proposed IHA to the final IHA. 

Description of Activity 

Overview 

The USCG requested an IHA to 

homeport multiple new Fast Response 

Cutters (FRC) to support USCG District 

13 at ETP in Astoria, OR. This threephased project entails both onshore and 

in-water construction activities to 

remove old piles, construct and improve 

facilities necessary for the long-term 

support of the FRC’s and USCG mission. 

Phase 1 includes pile removal and 

demolition, dredging and shoreline rock 

improvements, phase 2 includes all pile 

driving and in water construction, and 

phase 3 includes all overwater and 

upland construction. 

The purpose of the project is to 

improve and construct waterside and 

landslide facilities that will meet 

homeporting requirements of the FRCs. 

This includes the availability of logistics 

and support amenities for personnel, the 

ability of the new FRC docks/floats to 

accommodate the FRCs with all 

necessary operations on the boat while 

it is stationary at the dock, and the 

ability of the facility to provide for a 

long-term USCG presence for the 

economic life of its assets. Facilities at 

ETP are aged, outdated, and will require 

improvements to meet homeporting 

requirements. 

Of the stages of this project, the only 

part that may result in Level A and 

Level B harassment, and further 

analyzed in this notice is the in-water 

construction activities associated with 

impact pile driving (Phase 2). The USCG 

proposes installation of 30-inch (in) and 

36-in steel pipe piles for their new 

facilities with an estimated 52 total days 

of impact pile driving. Pile driving will 

only occur within the Oregon 

Department of Fish and Wildlife 

(ODFW) approved in-water working 

window, however the proposed IHA 

will have a 1-year period of 

effectiveness 

A detailed description of the planned 

construction project is provided in the 

Federal Register notice for the proposed 

IHA (88 FR 66393, September 27, 2023). 

Since that time, no changes have been 

made to the planned construction 

activities. Therefore, a detailed 

description is not provided here. Please 

refer to that Federal Register notice for 

the description of the specific activity. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to USCG was published in the 

Federal Register on September 17, 2023 

(88 FR 66393). That notice described, in 

detail, USCG’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. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history of the potentially 

affected species. 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 1 lists all species or stocks for 

which take is expected and 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 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 this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’ stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’ U.S. Pacific and Alaska SARs. 

All values presented in table 1 are the 

most recent available at the time of 

publication and are available online at: 

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

national/marine-mammal-protection/ 

marine-mammal-stock-assessments. 

TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Odontoceti (toothed whales, dolphins, and porpoises) 

Family Phocoenidae (porpoises): 

Harbor Porpoise ................. Phocoena phocoena ................. Northern Oregon/Washington 

Coast.

-,-,N 21,487 (0.44, 15,123, 

2011).

151 ≥3.0 

Order Carnivora—Superfamily Pinnipedia 

Family Otariidae (eared seals 

and sea lions): 

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

2014).

14,011 >321 

Steller Sea Lion .................. Eumetopias jubatus .................. Eastern ...................................... -,-,N 43,201 .............................

(N/A, 43,201, 2017) ........

2,592 112 


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TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES—Continued 

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Family Phocidae (earless seals): 

Harbor Seal ........................ Phoca vitulina ........................... Oregon/Washington Coast ....... -,-,N UNK ................................ UND 10.6 

1Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the 

ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or 

which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically 

designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual 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, all four species in 

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

take is reasonably likely to occur. While 

killer whales (Orcinus orca), humpback 

whales (Megaptera novaeangliae), and 

gray whales (Eschrichtius robustus) 

have been sighted off the Oregon coast, 

the USCG’s project is located 23 

kilometers (km) into the mouth of the 

Columbia River. Therefor the temporal 

and/or spatial occurrence of these 

species is such that take is not expected 

to occur, and they are not discussed 

further beyond the explanation 

provided here and in the USCG’s 

application. 

A detailed description of the species 

likely to be affected by the USCG’s 

construction project, including brief 

introductions to the species and 

relevant stocks as well as available 

information regarding population trends 

and threats, and information regarding 

local occurrence, were provided in the 

Federal Register notice for the proposed 

IHA (88 FR 66393, September 27, 2023). 

Since that time, we are not aware of any 

changes in the status of these species 

and stocks; therefore, detailed 

descriptions are not provided here. 

Please refer to that Federal Register 

notice for these descriptions. Please also 

refer to NMFS’ website (https://

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

generalized species accounts. 

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 

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 2. 

TABLE 2—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 

USCG’s construction activities have the 

potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the project area. The notice 

of proposed IHA (88 FR 66393, 

September 27, 2023) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from the USCG’s pile 


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driving activities on marine mammals 

and their habitat. That information and 

analysis is incorporated by reference 

into this notice and is not repeated here; 

please refer to the notice of the 

proposed IHA (88 FR 66393, September 

27, 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). 

Authorized takes would primarily be 

by Level B harassment, as use of the 

acoustic source (i.e., impact pile 

driving) has the potential to result in 

disruption of behavioral patterns for 

individual marine mammals. There is 

also some potential for auditory injury 

(Level A harassment) to result. The 

mitigation and monitoring measures are 

expected to minimize the severity of the 

taking to the extent practicable. 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 permanent 

threshold shift (PTS) of some degree 

(equated to Level A harassment). 

Level B Harassment—Though 

significantly driven by received level, 

the onset of behavioral disturbance from 

anthropogenic noise exposure is also 

informed to varying degrees by other 

factors related to the source 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 

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) and 

above RMS SPL 160 dB re 1 mPa for nonexplosive 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 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 (conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

USCG’s planned activity includes the 

use of impulsive (impact pile driving) 

sources, and therefore the RMS SPL 

threshold of 160 dB re 1 mPa is 

applicable. 

Level A harassment—NMFS’ 

Technical Guidance for Assessing the 

Effects of Anthropogenic Sound on 

Marine Mammal Hearing (Version 2.0) 

(Technical Guidance, 2018) identifies 

dual criteria to assess auditory injury 

(Level A harassment) to five different 

marine mammal groups (based on 

hearing sensitivity) as a result of 

exposure to noise from two different 

types of sources (impulsive or nonimpulsive). USCG’s planned activity 

includes the use of impulsive (impact 

pile driving) sources. 

These 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/ 

marine-mammal-acoustic-technicalguidance. 

TABLE 3—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. 


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TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT—Continued 

Hearing group 

PTS onset acoustic thresholds * 

(received level) 

Impulsive Non-impulsive 

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

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

also be considered. 

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

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

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

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

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

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

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

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

Ensonified Area 

Underwater sound propagation 

modeling was completed by USCG 

using dBSea, a software developed by 

Marshall Day Acoustics for the 

modeling of underwater sound 

propagation in a variety of 

environments. The model was built by 

importing bathymetry data and placing 

noise sources in the environment. Each 

source can consist of equipment chosen 

from either the standard or the userdefined databases. Noise mitigation 

methods may also be included. The user 

has control over the seabed and water 

properties including sound speed 

profile, temperature, salinity, and 

current. Noise levels were calculated to 

the extent of the bathymetry area. To 

examine results in more detail, levels 

may be plotted in cross sections, or a 

detailed spectrum may be extracted at 

any point in the calculation area. Levels 

were calculated in third octave bands 

from 12.5 (hertz) Hz to 20 kHz. Please 

refer to Acoustic Assessment included 

in USCG’s application for additional 

details on the modeling principles and 

assumptions. 

The representative acoustic modeling 

scenarios were derived from 

descriptions of the expected 

construction activities through 

consultations between the USCG project 

design and engineering teams. The 

scenarios modeled were ones where 

potential underwater noise impacts of 

marine species were anticipated and 

included impact pile driving associated 

with pier installation. All modeling 

scenarios occur at a representative 

location. This location was selected so 

that the effects of sound propagation at 

the range of water column depths 

occurring within the project area could 

be evaluated. 

The USCG opted to perform their own 

acoustic modeling for the Level A and 

Level B harassment isopleths as they 

had site specific information to input 

into the model, which may assist in 

providing more accurate results than, 

for example, use of NMFS’ User 

Spreadsheet tool, which is a relatively 

simple tool that cannot incorporate sitespecific environmental information. The 

modeling used by USCG takes into 

account bathymetry, geo-acoustic 

properties of sub-bottom sediments, and 

sound speed profile. NMFS has 

reviewed USCG’s modeling and 

determined that it is acceptable for use 

here. 

A summary of construction and 

operational scenarios included in the 

underwater acoustic modeling analysis 

is provided in the Acoustic Assessment 

and summarized in table 5 below. The 

pile diameters selected for the impact 

pile driving modeling scenarios were 

based on maximum project design 

considerations approximated by USCG. 

The Level A and Level B harassment 

isopleths for the planned activities are 

shown in table 4 and 5. 

TABLE 4—SOURCE LEVELS FOR IMPACT PILE INSTALLATION

Pile size Peak SPLs 

(dB) 

RMS SPLs 

(dB) 

SELss 

(dB) Source 

36-in pile ..................................................................................... 208 190 180 Caltrans 2020. 

30-in pile ..................................................................................... 210 190 177 Caltrans 2020. 

TABLE 5—LEVEL A AND LEVEL B HARASSMENT ISOPLETHS FOR IMPACT PILE DRIVING

Activity 

Level A harassment zones 

(m) Level B harassment zone 

(m) HF cetaceans Phocid pinnipeds Otariid pinnipeds 

36-in pile .................................................................................. 287 197 0 602 

30-in pile .................................................................................. 213 130 0 602 

Marine Mammal Occurrence and Take 

Calculation and Estimation 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information which will inform 

the take calculations and describe how 

the information provided is synthesized 

to produce a quantitative estimate of the 

take that is reasonably likely to occur 

and authorized. The USCG used marine 

mammal species densities from the 

Pacific Navy Marine Species Density 

Database to estimate take for marine 

mammals. This database incorporates 


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analyzed literature and research for 

marine mammal density estimates per 

season for regions throughout the U.S. 

and the USCG based their take estimates 

on regionally available population 

density estimates and site-specific 

knowledge. Although this database 

provides densities for all species present 

in the action area, the densities are 

based on offshore abundance and not 

directly relevant to occurrence within in 

the Columbia River. Following careful 

review of the analysis presented by the 

USCG in its application, including 

marine mammal occurrence data, NMFS 

has determined that different 

information inputs than those selected 

by the USCG represent the best available 

scientific information for marine 

mammal abundance in the action area. 

These selections are discussed in greater 

detail below. 

Steller Sea Lion, California Sea Lion 

and Harbor Seal 

For Steller sea lions, California sea 

lions, and harbor seals, the numbers of 

individuals were referenced from 

Washington Department of Fish and 

Wildlife’s (WDFW) surveys from 2000– 

2014 at the South Jetty for the months 

of in water work (November through 

February) and averaged to get an 

estimated daily count (table 6). While 

animals were surveyed at the prominent 

haul out site along the South Jetty, since 

the ETP site is close to the mouth of the 

river and the South Jetty, we assumed 

each of these estimates represents a 

good proxy for the total number of 

individuals that could be present in the 

project vicinity. We derived potential 

take estimates from the average 

abundance recorded over the specified 

period. 

TABLE 6—PINNIPED COUNTS FROM THE SOUTH JETTY FROM 2000–2014 

[WDFW 2014] 

Steller sea lion 

(monthly) 

Steller sea lion 

(daily) 

California sea lion 

(monthly) 

California sea lion 

(daily) 

Harbor seal 

(monthly) 

Harbor seal 

(daily) 

November ............. 1663 55 1214 40 0 0 

December ............. 1112 36 725 23 57 2 

January ................ 249 8 10 0.3 0 0 

February ............... 259 9 28 1 1 0.04 

Average (all 

months) ............. 821 27 494 16 15 0.5 

To calculate the total estimated takes, 

we multiplied the estimated days of 

activity by the associated average daily 

pinniped counts (monthly count/days of 

the month and averaged across all 

months) for each species (table 7). 

TABLE 7—ESTIMATED TAKE OF STELLER SEA LIONS, CALIFORNIA SEA LIONS, AND HARBOR SEALS

Pile type and method Days of 

activity 

Steller sea lion 

average count 

Steller sea lion 

calculated take 

California sea 

lion average 

count 

California sea 

lion calculated 

take 

Harbor seal 

average count 

Harbor seal 

calculate take 

36-in Steel Pile Impact 

Installation ................ 52 27 1,404 16 832 0.5 26 

30-in Steel Pile Impact 

Installation ................

There is some potential for take by 

Level A harassment of harbor seals due 

to the largest zone being approximately 

200 m and because of the cryptic nature 

and assumed lower detectability of 

harbor seals at this distance. Based on 

the relative proportion of the area 

expected to be ensonified above the 

Level A harassment threshold for 

phocid pinnipeds from impact pile 

driving (approximately 0.36 square 

kilometers (km2)) to the area ensonified 

above the Level B harassment threshold 

(1.1 km2 for impact pile driving), we 

estimated that of the total number of 

harbor seals that may be located within 

the greater Level B harassment zone, 

approximately 33 percent would 

approach the pile driving activities 

closer and enter the smaller Level A 

harassment zone (197 m). Thus, we 

assume that 33 percent of the total 

estimated takes of harbor seals (26 

individuals; see table 7) would be by 

Level A harassment. Therefore, we are 

proposing to authorize 9 takes of harbor 

seals by Level A harassment and 17 

takes by Level B harassment (table 8). 

The Level A harassment zone for 

otariid pinnipeds is 0 m. The USCG 

would be required to enforce a 

minimum shutdown zone of 10 m for 

these species. At that close range, the 

USCG would be able to detect California 

sea lions and Steller sea lions and 

implement the required shutdown 

measures before any sea lions could 

enter the Level A harassment zone. 

Therefore, no takes of California sea 

lions or Steller sea lions by Level A 

harassment are requested or authorized. 

Harbor Porpoise 

Harbor porpoises are regularly 

observed in the coastal waters near the 

mouth of the Columbia River and are 

known to occur year-round, although 

this project occurs farther upstream in 

the Columbia River. Their nearshore 

abundance peaks with anchovy 

presence, which is generally June 

through October. However, there was 

one recorded sighting of a harbor 

porpoise in the project area east of the 

jetties in the September-November 

timeframe (OBIS–SEAMAP 2019). 

During monitoring for pile driving at the 

Columbia River Jetty System which is at 

the mouth of the Columbia River 

approximately 23 km from the USCG’s 

planned action area, over the course of 

a 5 day monitoring period, observers 

detected five harbor porpoises (Grette 

Associates 2016). Additionally we 

reviewed monitoring reports from four 

recent projects in the nearby area (Army 

Corps of Engineers King Pile Markers 

and Sand Island Pile Dike Test Piles, 

and Phase 1 and 2 of the City of Astoria 

Bridge Replacement which can be found 

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

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities#activeauthorizations). Only one project with 


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activities occurring over 15 days had 

eight sightings of harbor porpoise at 

Sand Island Dike. 

Given that, there is some potential for 

harbor porpoise to be present near the 

project area, and based on the 

previously mentioned monitoring 

reports sighting data, we calculated that 

harbor porpoise could enter the Level B 

harassment zone every other day of pile 

driving (or 0.5/day). To calculate the 

total estimated takes by Level B 

harassment, we multiplied the 

estimated days of activity by the 

associated daily harbor porpoise rate 

(table 8). 

There is also some potential for take 

by Level A harassment of harbor 

porpoise due to the largest zone being 

approximately 300 m and because of the 

cryptic nature and assumed lower 

detectability of harbor porpoise at this 

distance. The USCG anticipates that 12 

harbor porpoises during impact driving 

could be taken by Level A harassment. 

Take by Level A harassment for harbor 

porpoise was calculated in the same 

way it was for harbor seals. In total, we 

are proposing to authorize take of 26 

harbor porpoises (table 8). 

TABLE 8—TAKE OF MARINE MAMMALS BY LEVEL A AND LEVEL B HARASSMENT BY SPECIES, STOCK AND PERCENT OF

TAKE BY STOCK

Species Stock Take by Level 

A harassment 

Take by Level 

B harassment 

Total 

authorized 

take 

Stock 

abundance 

Percent of 

stock 

Harbor Porpoise .................. Northern Oregon/Washington Coast.12 14 26 21,487 0.1 

California sea lion ............... U.S ..................................... 0 832 832 257,606 0.3 

Steller sea lion .................... Eastern ............................... 0 1,404 1,404 43,201 3.2 

Harbor seal ......................... Oregon/Washington Coast 9 17 26 24,732 0.1 

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, and 

impact on operations. 

Time Restrictions 

The USCG has proposed in its 

description of the project that pile 

driving would occur only during 

daylight hours (no sooner than 30 

minutes after sunrise through no later 

than 30 minutes before sunset), when 

visual monitoring of marine mammals 

can be conducted. In addition, ODFW 

requires all in-water construction be 

limited to the months of November 

through February to minimize impacts 

to ESA listed fish species. 

Mitigation Measures 

USCG must follow mitigation 

measures as specified below: 

• Ensure that construction 

supervisors and crews, the monitoring 

team, and relevant USCG staff are 

trained prior to the start of all pile 

driving activity, so that responsibilities, 

communication procedures, monitoring 

protocols, and operational procedures 

are clearly understood. New personnel 

joining during the project must be 

trained prior to commencing work; 

• Employ Protected Species 

Observers (PSOs) and establish 

monitoring locations as described in the 

application and the IHA. USCG must 

monitor the project area to the 

maximum extent possible based on the 

required number of PSOs, required 

monitoring locations, and 

environmental conditions. For all pile 

driving, at least one PSO must be used. 

The PSO will be stationed as close to 

the activity as possible; 

• The placement of the PSOs during 

all pile driving activity will ensure that 

the entire shutdown zone, see table 9, is 

visible during pile driving activities. 

Should environmental conditions 

deteriorate such that marine mammals 

within the entire shutdown zone will 

not be visible (e.g., fog, heavy rain), pile 

driving and removal must be delayed 

until the PSO is confident marine 

mammals within the shutdown zone 

could be detected; 

• Monitoring must take place from 30 

minutes prior to initiation of pile 

driving activity (i.e., pre-clearance 

monitoring) through 30 minutes postcompletion of pile driving activity; 

• Pre-start clearance monitoring must 

be conducted during periods of 

visibility sufficient for the lead PSO to 

determine that the shutdown zones 

indicated in table 9 are clear of marine 

mammals. Pile driving may commence 

following 30 minutes of observation 

when the determination is made that the 

shutdown zones are clear of marine 

mammals; 

• USCG must use soft start techniques 

when impact pile driving. Soft start 

requires contractors to provide an initial 

set of three strikes at reduced energy, 

followed by a 30 second waiting period, 

then two subsequent reduced-energy 

strike sets. A soft start must be 

implemented at the start of each day’s 

impact pile driving and at any time 

following cessation of impact pile 

driving for a period of 30 minutes or 

longer; and 

• If a marine mammal is observed 

entering or within the shutdown zones 

indicated in table 9, pile driving must 


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be delayed or halted. If pile driving is 

delayed or halted due to the presence of 

a marine mammal, the activity may not 

commence or resume until either the 

animal has voluntarily exited and been 

visually confirmed beyond the 

shutdown zone (table 9) or 15 minutes 

have passed without re-detection of the 

animal. 

Shutdown Zones 

USCG will establish shutdown zones 

for all pile driving activities. The 

purpose of a shutdown zone is generally 

to define an area within which 

shutdown of the activity would occur 

upon sighting of a marine mammal (or 

in anticipation of an animal entering the 

defined area). Shutdown zones would 

be based upon the Level A harassment 

zone for each pile size/type where 

applicable, as shown in table 9. 

For in-water heavy machinery 

activities other than pile driving, if a 

marine mammal comes within 10 m, 

work will stop and vessels will reduce 

speed to the minimum level required to 

maintain steerage and safe working 

conditions. A 10 m shutdown zone 

would also serve to protect marine 

mammals from physical interactions 

with project vessels during pile driving 

and other construction activities, such 

as barge positioning or drilling. If an 

activity is delayed or halted due to the 

presence of a marine mammal, the 

activity may not commence or resume 

until either the animal has voluntarily 

exited and been visually confirmed 

beyond the shutdown zone indicated in 

table 9 or 15 minutes have passed 

without re-detection of the animal. 

Construction activities must be halted 

upon observation of a species for which 

incidental take is not authorized or a 

species for which incidental take has 

been authorized but the authorized 

number of takes has been met entering 

or within the harassment zone. 

All marine mammals will be 

monitored in the Level B harassment 

zones and throughout the area as far as 

visual monitoring can take place. If a 

marine mammal enters the Level B 

harassment zone, in-water activities will 

continue and the animal’s presence 

within the estimated harassment zone 

will be documented. 

USCG will also establish shutdown 

zones for all marine mammals for which 

take has not been authorized or for 

which incidental take has been 

authorized but the authorized number of 

takes has been met. These zones are 

equivalent to the Level B harassment 

zones for each activity. If a marine 

mammal species not covered under this 

IHA enters the shutdown zone, all inwater activities will cease until the 

animal leaves the zone or has not been 

observed for at least 15 minutes, and 

NMFS will be notified about species 

and precautions taken. Pile driving will 

proceed if the non-IHA species is 

observed to leave the Level B 

harassment zone or if 15 minutes have 

passed since the last observation. 

If shutdown and/or clearance 

procedures would result in an imminent 

safety concern, as determined by USCG 

or its designated officials, the in-water 

activity will be allowed to continue 

until the safety concern has been 

addressed, and the animal will be 

continuously monitored. 

TABLE 9—SHUTDOWN ZONES AND MONITORING ZONES

Activity 

Minimum shutdown zone 

(m) Harassment zone 

(m) 

HF cetaceans Phocid Otariid 

36-in Impact Installation ........................................................... 300 50 10 610 

30-in Impact Installation ........................................................... 220 50 10 610 

Protected Species Observers 

The placement of PSOs during all 

construction activities (described in the 

Monitoring and Reporting section) will 

ensure that the entire shutdown zone is 

visible. Should environmental 

conditions deteriorate such that the 

entire shutdown zone would not be 

visible (e.g., fog, heavy rain), pile 

driving would be delayed until the PSO 

is confident marine mammals within 

the shutdown zone could be detected. 

PSOs will monitor the full shutdown 

zones and the Level B harassment zones 

to the extent practicable. Monitoring 

zones provide utility for observing by 

establishing monitoring protocols for 

areas adjacent to the shutdown zones. 

Monitoring zones enable observers to be 

aware of and communicate the presence 

of marine mammals in the project areas 

outside the shutdown zones and thus 

prepare for a potential cessation of 

activity should the animal enter the 

shutdown zone. 

Based on our evaluation of USCG’s 

planned measures, as well as other 

measures considered by NMFS, NMFS 

has determined that the mitigation 

measures provide the means effecting 

the least practicable impact on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

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

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present 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; 


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• How anticipated responses to 

stressors impact either: (1) long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and, 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

Marine mammal monitoring must be 

conducted in accordance with the 

conditions in this section and the IHA. 

Marine mammal monitoring during pile 

driving activities will be conducted by 

PSOs meeting the following 

requirements: 

• PSOs must be independent of the 

activity contractor (for example, 

employed by a subcontractor) and have 

no other assigned tasks during 

monitoring periods; 

• At least one PSO will have prior 

experience performing the duties of a 

PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization; 

• Other PSOs may substitute 

education (degree in biological science 

or related field) or training for 

experience; and 

• Where a team of three or more PSOs 

is required, a lead observer or 

monitoring coordinator will be 

designated. The lead observer will be 

required to have prior experience 

working as a marine mammal observer 

during construction. 

PSOs must have the following 

additional qualifications: 

• Ability to conduct field 

observations and collect data according 

to assigned protocols; 

• Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

• Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

• Writing skills sufficient to prepare a 

report of observations including but not 

limited to the number and species of 

marine mammals observed; dates and 

times when in-water construction 

activities were conducted; dates, times 

and reason for implementation of 

mitigation (or why mitigation was not 

implemented when required); and 

marine mammal behavior; and 

• Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

• USCG must employ three PSOs 

during all pile driving activities 

depending on the size of the monitoring 

and shutdown zones. A minimum of 

one PSO must be assigned to monitor 

waters surrounding the active pile 

driving location. 

• USCG must establish the following 

monitoring locations with the best 

views of monitoring zones as described 

below, in the IHA, and USCG’s 

application. 

• PSOs would be deployed in 

strategic locations around the 

harassment zone at all times during inwater pile driving. PSOs will be 

positioned at locations that provide full 

views of the impact hammering 

monitoring zones and the shutdown 

zones. PSOs will be stationed on the 

staging barges, on shore at the project 

site, and at the entrance to the 

commercial dock area at ETP. All PSOs 

will have access to high-quality 

binoculars, range finders to monitor 

distances, and a compass to record 

bearing to animals as well as radios or 

cells phones for maintaining contact 

with work crews. 

Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after all in water construction activities. 

In addition, PSOs will record all 

incidents of marine mammal 

occurrence, regardless of distance from 

activity, and will document any 

behavioral reactions in concert with 

distance from piles being driven or 

removed. Pile driving activities include 

the time to install or remove a single 

pile or series of piles, as long as the time 

elapsed between uses of the pile driving 

equipment is no more than 30 minutes. 

USCG shall conduct briefings between 

construction supervisors and crews, 

PSOs, USCG staff prior to the start of all 

pile driving activities and when new 

personnel join the work. These briefings 

will explain responsibilities, 

communication procedures, marine 

mammal monitoring protocol, and 

operational procedures. 

Reporting 

A draft marine mammal monitoring 

report will be submitted to NMFS 

within 90 days after the completion of 

pile driving and removal activities, or 

60 days prior to a requested date of 

issuance from any future IHAs for 

projects at the same location, whichever 

comes first. The report will include an 

overall description of work completed, 

a narrative regarding marine mammal 

sightings, and associated PSO data 

sheets. Specifically, the report must 

include: 

• Dates and times (begin and end) of 

all marine mammal monitoring; 

• Construction activities occurring 

during each daily observation period, 

including the number and type of piles 

driven or removed and by what method 

(i.e., impact) and the total number of 

strikes for each pile; 

• PSO locations during marine 

mammal monitoring; 

• Environmental conditions during 

monitoring periods (at beginning and 

end of PSO shift and whenever 

conditions change significantly), 

including Beaufort sea state and any 

other relevant weather conditions 

including cloud cover, fog, sun glare, 

and overall visibility to the horizon, and 

estimated observable distance; 

Upon observation of a marine 

mammal, the following information: 

• Name of PSO who sighted the 

animal(s) and PSO location and activity 

at the time of sighting; 

• Time of sighting; 

• Identification of the animal(s) (e.g., 

genus/species, lowest possible 

taxonomic level, or unidentifiable), PSO 

confidence in identification, and the 

composition of the group if there is a 

mix of species; 

• Distance and bearing of each marine 

mammal observed relative to the pile 

being driven for each sightings (if pile 

driving was occurring at time of 

sighting); 

• Estimated number of animals (min/ 

max/best estimate); 

• Estimated number of animals by 

cohort (adults, juveniles, neonates, 

group composition, sex class, etc.); 

• Animal’s closest point of approach 

and estimated time spent within the 

harassment zone; 

• Description of any marine mammal 

behavioral observations (e.g., observed 

behaviors such as feeding or traveling), 

including an assessment of behavioral 

responses thought to have resulted from 

the activity (e.g., no response or changes 

in behavioral state such as ceasing 

feeding, changing direction, flushing, or 

breaching); 

• Number of marine mammals 

detected within the harassment zones 

and shutdown zones; by species; 

• Detailed information about any 

implementation of any mitigation 

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

description of specific actions that 

ensured, and resulting changes in 

behavior of the animal(s), if any; and 

If no comments are received from 

NMFS within 30 days, the draft final 

report will constitute the final report. If 

comments are received, a final report 

addressing NMFS comments must be 

submitted within 30 days after receipt of 

comments. 


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Reporting Injured or Dead Marine 

Mammals 

In the event that personnel involved 

in the construction activities discover 

an injured or dead marine mammal, the 

USCG must immediately cease the 

specified activities and report the 

incident to the Office of Protected 

Resources (OPR) 

(PR.ITP.MonitoringReports@noaa.gov), 

NMFS and to the West Coast Regional 

Stranding Coordinator as soon as 

feasible. If the death or injury was 

clearly caused by the specified activity, 

USCG 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 USCG must not resume their 

activities until notified by NMFS. The 

report must include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and 

• General circumstances under which 

the animal was discovered. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

as an impact resulting from the 

specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

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

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any 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, our analysis 

applies to all species listed in table 1 for 

which take could occur, given that 

NMFS expects the anticipated effects of 

the planned pile driving on different 

marine mammal stocks to be similar in 

nature. Where there are meaningful 

differences between species or stocks, or 

groups of species, in anticipated 

individual responses to activities, 

impact of expected take on the 

population due to differences in 

population status, or impacts on habitat, 

NMFS has identified species-specific 

factors to inform the analysis. 

Pile driving activities associated with 

the USCG construction project have the 

potential to disturb or displace marine 

mammals. Specifically, the project 

activities may result in take, in the form 

of Level A and Level B harassment, from 

underwater sounds generated from pile 

driving. Potential takes could occur if 

individuals are present in the ensonified 

zone when these activities are 

underway. 

No serious injury or mortality would 

be expected, even in the absence of 

required mitigation measures, given the 

nature of the activities. Further, limited 

take by Level A harassment is 

authorized for two species, but the 

potential for harassment would be 

minimized through the construction 

method and the implementation of the 

planned mitigation measures (see 

Mitigation section). 

Take by Level A harassment is 

authorized for harbor seals and harbor 

porpoise to account for the possibility 

that an animal could enter a Level A 

harassment zone prior to detection, and 

remain within that zone for a duration 

long enough to incur PTS before being 

observed and the USCG shutting down 

pile driving activity. Any take by Level 

A harassment is expected to arise from, 

at most, a small degree of PTS, i.e., 

minor degradation of hearing 

capabilities within regions of hearing 

that align most completely with the 

energy produced by impact pile driving 

(i.e. the low-frequency region below 2 

kHz), not severe hearing impairment or 

impairment within the ranges of greatest 

hearing sensitivity. Animals would need 

to be exposed to higher levels and/or 

longer duration than are expected to 

occur here in order to incur any more 

than a small degree of PTS. 

Further, the amount of authorized 

take by Level A harassment is very low 

for both marine mammal species. If 

hearing impairment occurs, it is most 

likely that the affected animal would 

lose only a few decibels in its hearing 

sensitivity. Due to the small degree 

anticipated, any PTS potential incurred 

would not be expected to affect the 

reproductive success or survival of any 

individuals, much less result in adverse 

impacts on the species or stock. 

Additionally, some subset of the 

individuals that are behaviorally 

harassed could also simultaneously 

incur some small degree of TTS for a 

short duration of time. However, since 

the hearing sensitivity of individuals 

that incur TTS is expected to recover 

completely within minutes to hours, it 

is unlikely that the brief hearing 

impairment would affect the 

individual’s long-term ability to forage 

and communicate with conspecifics, 

and would therefore not likely impact 

reproduction or survival of any 

individual marine mammal, let alone 

adversely affect rates of recruitment or 

survival of the species or stock. 

The Level A harassment zones 

identified in table 5 are based upon an 

animal’s exposure to pile driving of up 

to three steel piles per day. Given the 

short duration to impact drive each pile 

and break between pile installations (to 

reset equipment and move piles into 

place), an animal would have to remain 

within the area estimated to be 

ensonified above the Level A 

harassment threshold for multiple 

hours. This is highly unlikely given 

marine mammal movement in the area. 

If an animal was exposed to 

accumulated sound energy, the resulting 

PTS would likely be small (e.g., PTS 

onset) at lower frequencies where pile 

driving energy is concentrated, and 

unlikely to result in impacts to 

individual fitness, reproduction, or 

survival. 

The nature of the pile driving project 

precludes the likelihood of serious 

injury or mortality. For all species and 

stocks, take would occur within a 

limited, confined area (adjacent to the 

project site) of the stock’s range. Level 

A and Level B harassment will be 

reduced to the level of least practicable 

adverse impact through use of 

mitigation measures described herein. 

Further, the amount of take authorized 

is small when compared to stock 

abundance. 


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Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 77995 

Behavioral responses of marine 

mammals to pile driving in the 

Columbia River are expected to be mild, 

short term, and temporary. Marine 

mammals within the Level B 

harassment zones may not show any 

visual cues they are disturbed by 

activities or they 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 that pile 

driving would occur for only a portion 

of the project’s duration, any 

harassment occurring would be 

temporary. Additionally, many of the 

species present in region would only be 

present temporarily based on seasonal 

patterns or during transit between other 

habitats. These temporarily present 

species would be exposed to even 

smaller periods of noise-generating 

activity, further decreasing the impacts. 

For all species, there are no known 

BIA near the project area that would be 

impacted by USCG’s planned activities. 

While California sea lions and harbor 

seals are the species most likely to occur 

within the immediate project area the 

nearest haul out for both species is 

approximately 3 miles (4.8 km) away. 

There are three known haul out sites for 

both species near the project area 

including Tongue Point Sands, Taylor 

Sands, and Green Island/Sanborn 

Slough, the closest being Tongue Point 

Sands 3 miles (4.8 km) from the project 

area. Additionally, there is a Steller sea 

lion haul out in the Columbia River; it 

is approximately 15 miles (24.1 km) 

away from the project site at the south 

jetty off the western shoreline of Fort 

Stevens State Park. None of these haul 

outs are in the immediate project 

vicinity. 

In addition, it is unlikely that minor 

noise effects in a small, localized area of 

habitat would have any effect on each 

stock’s continued survival. 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; 

• Authorized Level A harassment 

would be very small amounts and of 

low degree; 

• For all species, the mouth of the 

Columbia River is a very small and 

peripheral part of their range; 

• The intensity of anticipated takes 

by Level B harassment is relatively low 

for all stocks. Level B harassment would 

be primarily in the form of behavioral 

disturbance, resulting in avoidance of 

the project areas around where impact 

pile driving is occurring, with some 

low-level TTS that may limit the 

detection of acoustic cues for relatively 

brief amounts of time in relatively 

confined footprints of the activities; 

• Effects on species that serve as prey 

for marine mammals from the activities 

are expected to be short-term and, 

therefore, any associated impacts on 

marine mammal feeding are not 

expected to result in significant or longterm consequences for individuals, or to 

accrue to adverse impacts on their 

populations; 

• The ensonified areas are very small 

relative to the overall habitat ranges of 

all species and stocks; 

• The lack of anticipated significant 

or long-term negative effects to marine 

mammal habitat; and 

• USCG would implement mitigation 

measures including soft starts and 

shutdown zones to minimize the 

numbers of marine mammals exposed to 

injurious levels of sound, and to ensure 

that take by Level A harassment is, at 

most, a small degree of PTS. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

monitoring and mitigation measures, 

NMFS finds that the total marine 

mammal take from the planned 

activities 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. For all species, the authorized 

take is below one third of the 

population for all marine mammal 

stocks (Table 8). 

Based on the analysis contained 

herein of the planned 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 authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

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 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 NAO 216–6A, which do not 

individually or cumulatively have the 

potential for significant impacts on the 


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77996 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

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 

As a result of these determinations, 

NMFS issued an IHA to USCG for 

conducting impact pile driving 

associated with the ETP project in 

Astoria, Oregon, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. The final IHA can be 

found at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-unitedstates-coast-guards-constructionastoria-oregon. 

Dated: November 7, 2023. 

Shannon Bettridge, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–24980 Filed 11–13–23; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: Wednesday, November 

15, 2023—10:00 a.m. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, MD. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: 

Decisional Matter 

Infant Support Cushions Notice of 

Proposed Rulemaking—Briefing. 

A live webcast of the meeting can be 

viewed at the following link:https://

cpsc.webex.com/cpsc/j.php?MTID=

mbcafc15afe58d6ab3a943232e901ce9f. 

CONTACT PERSON FOR MORE INFORMATION: 

Alberta E. Mills, Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, 301–504–7479 

(Office) or 240–863–8938 (Cell). 

Dated: November 8, 2023. 

Sarah Bock, 

Paralegal Specialist. 

[FR Doc. 2023–25098 Filed 11–8–23; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Notice of Intent To Grant Exclusive 

Patent License to Veloxint CIF, Inc.; 

Tridelphia, WV 

AGENCY: Department of the Army, DoD. 

ACTION: Notice of intent. 

SUMMARY: The Department of the Army 

hereby gives notice of its intent to grant 

to Veloxint CIF, Inc.; a company having 

its principal place of business at 1142 

Middle Creek Road, Tridelphia, WV 

26059, an exclusive license. 

DATES: Written objections must be filed 

not later than 15 days following 

publication of this announcement. 

ADDRESSES: Send written objections to 

U.S. Army Combat Capabilities 

Development Command Army Research 

Laboratory, Partnerships Support Office, 

FCDD–RLB–SS/Jason Craley, Building 

4402, 6468 Integrity Ct., Aberdeen 

Proving Ground, MD 21005–5425 or 

email to ORTA@arl.army.mil. 

FOR FURTHER INFORMATION CONTACT: 

Jason Craley, (410) 306–1275, email: 

ORTA@arl.army.mil. 

SUPPLEMENTARY INFORMATION: The 

Department of the Army plans to grant 

an exclusive license to Veloxint CIF, 

Inc. in all fields of use pertaining to the 

following; 

—‘‘Nano-Structured Alloy Material and 

Method of Synthesizing’’, ARL 21–06, 

US Patent Application No. 17/ 

700,653, Filing Date: 03/22/2022, U.S. 

Publication No. 2023/0302531A1, 

Publication Date: 09/28/2023, PCT 

Application No. PCT/US23/31342, 

Filing Date: 08/29/2023. 

—‘‘Oxidation and Corrosion Resistant 

Nanostructured Copper-Based 

Metallic Systems’’, ARL 22–18, US 

Patent Application No. 18/127,398, 

Filing Date: 03/28/2023, PCT 

Application No. PCT/US23/32206, 

Filing Date: 09/07/2023. 

The prospective exclusive license 

may be granted unless within fifteen 

(15) days from the date of this published 

notice, the U.S. Army Combat 

Capabilities Development Command 

Army Research Laboratory receives 

written objections including evidence 

and argument that establish that the 

grant of the license would not be 

consistent with the requirements of 35 

U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). 

Competing applications completed and 

received by the U.S. Army Combat 

Capabilities Development Command 

Army Research Laboratory within 

fifteen (15) days from the date of this 

published notice will also be treated as 

objections to the grant of the 

contemplated exclusive license. 

Objections submitted in response to 

this notice will not be made available to 

the public for inspection and, to the 

extent permitted by law, will not be 

released under the Freedom of 

Information Act, 5 U.S.C. 552. 

James W. Satterwhite Jr., 

Army Federal Register Liaison Officer. 

[FR Doc. 2023–25063 Filed 11–13–23; 8:45 am] 

BILLING CODE 3711–02–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; College 

Assistance Migrant Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Department of Education 

(Department) is issuing a notice inviting 

applications for fiscal year (FY) 2024 for 

the College Assistance Migrant Program 

(CAMP), Assistance Listing Number 

84.149A. This notice relates to the 

approved information collection under 

the Office of Management and Budget 

(OMB) control number 1894–0006. 

DATES: 

Applications Available: November 17, 

2023. 

Deadline for Transmittal of 

Applications: January 16, 2024. 

Deadline for Intergovernmental 

Review: March 13, 2024. 

Pre-Application Webinar Information: 

The Department will hold a preapplication workshop via webinar for 

prospective applicants. The date and 

time of the workshop will be announced 

on the Department’s website at: https:// 

oese.ed.gov/offices/office-of-migranteducation/college-assistance-migrantprogram/applicant-information-collegeassistance-migrant-program/. 

ADDRESSES: For the addresses for 

obtaining and submitting an 

application, please refer to our Common 

Instructions for Applicants to 

Department of Education Discretionary 

Grant Programs, published in the 

Federal Register on December 7, 2022 

(87 FR 75045) and available at https:// 

www.federalregister.gov/documents/ 

2022/12/07/2022-26554/commoninstructions-for-applicants-todepartment-of-education-discretionarygrant-programs. Please note that these 

Common Instructions supersede the 

version published on December 27, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Dylan Hart-Medina, Office of Migrant 


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