77972 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

Exporter name Manufacturer name 

Xuzhou Timber International Trade Co., Ltd ............................................ Xuzhou Senyuan Wood Products Co., Ltd. 

Xuzhou Timber International Trade Co., Ltd ............................................ Jiangsu Lishun Industrial and Trading Co., Ltd. 

Xuzhou Timber International Trade Co., Ltd ............................................ Pizhou Xuexin Wood Industry Co., Ltd. 

Xuzhou Timber International Trade Co., Ltd ............................................ Feixian Hongjing Board Factory. 

Xuzhou Timber International Trade Co., Ltd ............................................ Xuzhou Jiaqiang Wood Industry Co., Ltd. 

Xuzhou Timber International Trade Co., Ltd ............................................ Shandong Shelter Forest Products Co., Ltd. 

Xuzhou Timber International Trade Co., Ltd ............................................ Jiangsu Binsong Wood Co., Ltd. 

Zhejiang Dehua Tb Import & Export Co., Ltd .......................................... Dehua Tb New Decoration Material Co., Ltd. 

Zhejiang Dehua Tb Import & Export Co., Ltd .......................................... Zhangjiagang Jiuli Wood Co., Ltd. 

Shandong Dongfang Bayley Wood Co., Ltd ............................................ Shandong Dongfang Bayley Wood Co., Ltd. 

Suining Pengxiang Wood Co., Ltd ........................................................... Suining Pengxiang Wood Co., Ltd. 

[FR Doc. 2023–24996 Filed 11–13–23; 8:45 a.m.] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD491] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the 

Maintenance and Rehabilitation of the 

Bellingham Shipping Terminal 

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 

Port of Bellingham to incidentally 

harass marine mammals during 

construction activities associated with 

the Maintenance and Rehabilitation of 

the Bellingham Shipping Terminal 

project in Bellingham, WA. There are no 

changes from the proposed 

authorization in this final authorization. 

DATES: This authorization is effective for 

1-year from the date of issuance. 

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-portbellinghams-bellingham-shippingterminal-bellingham. In case of 

problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Craig Cockrell, 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 May 5, 2023, NMFS received a 

request from the Port of Bellingham for 

an IHA to take marine mammals 

incidental to pile driving and removal. 

Following NMFS’ review of the 

application, the Port of Bellingham 

submitted a two revised versions on 

June 16, 2023 and August 28, 2023. The 

application was deemed adequate and 

complete on September 6, 2023. There 

are no changes from the proposed IHA 

to the final IHA. 

Description of Activity 

The Bellingham Shipping Terminal 

rehabilitation project includes the 

removal of 36 existing 24-inch (in) 

diameter (61 centimeter (cm)) steel 

piles, 15 existing 14-in to 16-in (36 cm 

to 41 cm) timber fender piles, and 2 

existing 18-in to 20-in (46 cm to 51 cm) 

timber piles. Fifty-six 24-in steel piles 

will be installed to support the main 

deck of the shipping terminal and in 

addition 14, 24-in steel piles will be 

installed behind the existing bulkhead. 

The existing fender piles will be 

replaced by 13 16-in steel H-piles. Two 

18-in to 20-in timber piles will be 

installed on the south portion of the 

terminal. Vibratory and impact 

hammers will be used for the 

installation and removal of all piles 

(Table 1). Removal of piles will be 

conducted using a straight pull method 

or vibratory hammers. After new piles 

are set with a vibratory hammer, 

installed piles will be proofed with an 

impact hammer to verify the structural 

capacity of the pile embedment. The 

work will be completed at the existing 

Bellingham Shipping Terminal in 

Bellingham, Washington. Work on the 

terminal will be completed within 1- 

year over 87 non-consecutive days. 

Sounds produced by these activities 

may result in take, by Level A and Level 

B harassment, of marine mammals 

located in Bellingham, Washington. 

A detailed description of the planned 

construction project is provided in the 

Federal Register notice for the proposed 

IHA (88 FR 65953, September 26, 2023). 

Since that time, no changes have been 

made to the planned activities. 

Therefore, a detailed description is not 

provided here. Please refer to that 

Federal Register notice for the 

description of the specific activity. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to the Port of Bellingham was 

published in the Federal Register on 


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September 26, 2023 (88 FR 65953). That 

notice described, in detail, the Port of 

Bellingham’s activity, the marine 

mammal species that may be affected by 

the activity, 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. 

During the 30-day public comment 

period, NMFS did not receive any 

public comments. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 4 and 5 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 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 

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 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. 2022 SARs. All values 

presented in Table 1 are the most recent 

available at the time of publication 

(including from the final 2022 SARs) 

and are available online at: https://

www.fisheries.noaa.gov/national/ 

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

TABLE 1—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 Phocoenidae (porpoises): 

Harbor porpoise .................. Phocoena phocoena ................. Washington Inland Waters ....... -,-; N 11,233 (0.37, 8,308, 

2015).

66 ≥7.2 

Order Carnivora—Pinnipedia 

Family Otariidae (eared seals 

and sea lions): 

California Sea Lion ............. Zalophus californianus .............. U.S. ........................................... -,-; 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 

Family Phocidae (earless seals): 

Harbor Seal ........................ Phoca vitulina ........................... Washington Northern Inland 

Waters.

-, -, N UNK (UNK, UNK, 1999) UNK 9.8 

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://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)). 2ESA 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: https://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. 

A detailed description of the of the 

species likely to be affected by the 

maintenance and rehabilitation of the 

Bellingham Shipping Terminal 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 

65953; September 26, 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 


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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. 

Effects of Specified Activities on Marine 

Mammals and Their Habitat 

This section provides a discussion of 

the ways in which components of the 

specified activity may impact marine 

mammals and their habitat. The 

Estimated Take of Marine Mammals 

section later in this document includes 

a quantitative analysis of the number of 

individuals that are expected to be taken 

by this activity. The Negligible Impact 

Analysis and Determination section 

considers the content of this section, the 

Estimated Take of Marine Mammals 

section, and the Mitigation section, to 

draw conclusions regarding the likely 

impacts of these activities on the 

reproductive success or survivorship of 

individuals and whether those impacts 

are reasonably expected to, or 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival. 

Description of Sounds Sources 

The marine soundscape is comprised 

of both ambient and anthropogenic 

sounds. Ambient sound is defined as 

the all-encompassing sound in a given 

place and is usually a composite of 

sound from many sources both near and 

far. The sound level of an area is 

defined by the total acoustical energy 

being generated by known and 

unknown sources. These sources may 

include physical (e.g., waves, wind, 

precipitation, earthquakes, ice, 

atmospheric sound), biological (e.g., 

sounds produced by marine mammals, 

fish, and invertebrates), and 

anthropogenic sound (e.g., vessels, 

dredging, aircraft, construction). 

The sum of the various natural and 

anthropogenic sound sources at any 

given location and time—which 

comprise ‘‘ambient’’ or ‘‘background’’ 

sound—depends not only on the source 

levels (as determined by current 

weather conditions and levels of 

biological and shipping activity) but 

also on the ability of sound to propagate 

through the environment. In turn, sound 

propagation is dependent on the 

spatially and temporally varying 

properties of the water column and sea 

floor, and is frequency-dependent. As a 

result of the dependence on a large 

number of varying factors, ambient 

sound levels can be expected to vary 

widely over both coarse and fine spatial 

and temporal scales. Sound levels at a 

given frequency and location can vary 

by 10 to 20 dB from day to day 

(Richardson et al., 1995). The result is 

that, depending on the source type and 

its intensity, sound from the specified 

activity may be a negligible addition to 

the local environment or could form a 

distinctive signal that may affect marine 

mammals. 

In-water construction activities 

associated with the project will include 

impact pile driving, vibratory pile 

driving, and vibratory pile removal. The 

sounds produced by these activities fall 

into one of two general sound types: 

impulsive and non-impulsive. 

Impulsive sounds (e.g., explosions, 

gunshots, sonic booms, impact pile 

driving) are typically transient, brief 

(less than 1 second), broadband, and 

consist of high peak sound pressure 

with rapid rise time and rapid decay 

(ANSI, 1986; NIOSH, 1998; ANSI, 2005; 

NMFS, 2018). Non-impulsive sounds 

(e.g., aircraft, machinery operations 

such as drilling or dredging, vibratory 

pile driving, and active sonar systems) 

can be broadband, narrowband or tonal, 

brief or prolonged (continuous or 

intermittent), and typically do not have 

the high peak sound pressure with raid 

rise/decay time that impulsive sounds 

do (ANSI, 1995; NIOSH, 1998; NMFS, 

2018). The distinction between these 

two sound types is important because 

they have differing potential to cause 

physical effects, particularly with regard 

to hearing (e.g., Ward, 1997 and 

Southall, et al. 2007). 

Two types of pile hammers will be 

used on this project: impact and 

vibratory. Impact hammers operate by 


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repeatedly dropping a heavy piston onto 

a pile to drive the pile into the substrate. 

Sound generated by impact hammers is 

characterized by rapid rise times and 

high peak levels, a potentially injurious 

combination (Hastings and Popper, 

2005). Vibratory hammers install piles 

by vibrating them and allowing the 

weight of the hammer to push them into 

the sediment. Vibratory hammers 

produce significantly less sound than 

impact hammers. Peak sound pressure 

levels (SPLs) may be 180 dB or greater, 

but are generally 10 to 20 dB lower than 

SPLs generated during impact pile 

driving of the same-sized pile (Oestman, 

et al., 2009). Rise time is slower, 

reducing the probability and severity of 

injury, and sound energy is distributed 

over a greater amount of time (Nedwell 

and Edwards, 2002; Carlson, et al., 

2005). 

The likely or possible impacts of the 

Port of Bellingham’s activity on marine 

mammals could involve both nonacoustic and acoustic stressors. 

Potential non-acoustic stressors include 

the physical presence of the equipment 

and personnel; however, any impacts to 

marine mammals are expected to 

primarily be acoustic in nature. 

Auditory Effects 

The introduction of anthropogenic 

noise into the aquatic environment from 

pile driving and removal is the primary 

means by which marine mammals may 

be harassed from the Port of 

Bellingham’s specified activity. In 

general, animals exposed to natural or 

anthropogenic sound may experience 

physical and behavioral effects, ranging 

in magnitude from none to severe 

(Southall et al., 2007 and Southall et al., 

2021). Exposure to pile driving noise 

has the potential to result in auditory 

threshold shifts and behavioral 

reactions (e.g., avoidance, temporary 

cessation of foraging and vocalizing, 

changes in dive behavior). Exposure to 

anthropogenic noise can also lead to 

non-observable physiological responses 

such an increase in stress hormones. 

Additional noise in a marine mammal’s 

habitat can mask acoustic cues used by 

marine mammals to carry out daily 

functions such as communication and 

predator and prey detection. The effects 

of pile driving noise on marine 

mammals are dependent on several 

factors, including, but not limited to, 

sound type (e.g., impulsive vs. nonimpulsive), the species, age and sex 

class (e.g., adult male vs. mom with 

calf), duration of exposure, the distance 

between the pile and the animal, 

received levels, behavior at time of 

exposure, and previous history with 

exposure (Wartzok et al., 2004; Southall 

et al., 2007). Here we discuss physical 

auditory effects (threshold shifts) 

followed by behavioral effects and 

potential impacts on habitat. 

NMFS defines a noise-induced 

threshold shift (TS) as a change, usually 

an increase, in the threshold of 

audibility at a specified frequency or 

portion of an individual’s hearing range 

above a previously established reference 

level (NMFS, 2018). The amount of 

threshold shift is customarily expressed 

in dB. A TS can be permanent or 

temporary. As described in NMFS 

(2018), there are numerous factors to 

consider when examining the 

consequence of TS, including, but not 

limited to, the signal temporal pattern 

(e.g., impulsive or non-impulsive), 

likelihood an individual would be 

exposed for a long enough duration or 

to a high enough level to induce a TS, 

the magnitude of the TS, time to 

recovery (seconds to minutes or hours to 

days), the frequency range of the 

exposure (i.e., spectral content), the 

hearing and vocalization frequency 

range of the exposed species relative to 

the signal’s frequency spectrum (i.e., 

how animal uses sound within the 

frequency band of the signal; e.g., 

Kastelein et al., 2014), and the overlap 

between the animal and the source (e.g., 

spatial, temporal, and spectral). 

Permanent Threshold Shift (PTS)— 

NMFS defines PTS as a permanent, 

irreversible increase in the threshold of 

audibility at a specified frequency or 

portion of an individual’s hearing range 

above a previously established reference 

level (NMFS 2018). Available data from 

humans and other terrestrial mammals 

indicate that a 40 dB threshold shift 

approximates PTS onset (Ward et al., 

1958, 1959; Ward, 1960; Kryter et al., 

1966; Miller, 1974; Ahroon et al., 1996; 

Henderson et al., 2008). PTS levels for 

marine mammals are estimates, as with 

the exception of a single study 

unintentionally inducing PTS in a 

harbor seal (Kastak et al., 2008), there 

are no empirical data measuring PTS in 

marine mammals largely due to the fact 

that, for various ethical reasons, 

experiments involving anthropogenic 

noise exposure at levels inducing PTS 

are not typically pursued or authorized 

(NMFS, 2018). 

Temporary Threshold Shift (TTS)—A 

temporary, reversible increase in the 

threshold of audibility at a specified 

frequency or portion of an individual’s 

hearing range above a previously 

established reference level (NMFS, 

2018). Based on data from cetacean TTS 

measurements (Southall et al., 2007), a 

TTS of 6 dB is considered the minimum 

threshold shift clearly larger than any 

day-to-day or session-to-session 

variation in a subject’s normal hearing 

ability (Schlundt et al., 2000; Finneran 

et al., 2000, 2002). As described in 

Finneran (2015), marine mammal 

studies have shown the amount of TTS 

increases with cumulative sound 

exposure level (SELcum) in an 

accelerating fashion: At low exposures 

with lower SELcum, the amount of TTS 

is typically small and the growth curves 

have shallow slopes. At exposures with 

higher higher SELcum, the growth 

curves become steeper and approach 

linear relationships with the noise SEL. 

Depending on the degree (elevation of 

threshold in dB), duration (i.e., recovery 

time), and frequency range of TTS, and 

the context in which it is experienced, 

TTS can have effects on marine 

mammals ranging from discountable to 

serious (similar to those discussed in 

auditory masking, below). For example, 

a marine mammal may be able to readily 

compensate for a brief, relatively small 

amount of TTS in a non-critical 

frequency range that takes place during 

a time when the animal is traveling 

through the open ocean, where ambient 

noise is lower and there are not as many 

competing sounds present. 

Alternatively, a larger amount and 

longer duration of TTS sustained during 

time when communication is critical for 

successful mother/calf interactions 

could have more serious impacts. We 

note that reduced hearing sensitivity as 

a simple function of aging has been 

observed in marine mammals, as well as 

humans and other taxa (Southall et al., 

2007), so we can infer that strategies 

exist for coping with this condition to 

some degree, though likely not without 

cost. 

Currently, TTS data only exist for four 

species of cetaceans (bottlenose dolphin 

(Tursiops truncatus), beluga whale 

(Delphinapterus leucas), harbor 

porpoise, and Yangtze finless porpoise 

(Neophocoena asiaeorientalis)) and five 

species of pinnipeds exposed to a 

limited number of sound sources (i.e., 

mostly tones and octave-band noise) in 

laboratory settings (Finneran, 2015). 

TTS was not observed in trained spotted 

(Phoca largha) and ringed (Pusa 

hispida) seals exposed to impulsive 

noise at levels matching previous 

predictions of TTS onset (Reichmuth et 

al., 2016). In general, harbor seals and 

harbor porpoises have a lower TTS 

onset than other measured pinniped or 

cetacean species (Finneran, 2015). 

Additionally, the existing marine 

mammal TTS data come from a limited 

number of individuals within these 

species. No data are available on noiseinduced hearing loss for mysticetes. For 

summaries of data on TTS in marine 

mammals or for further discussion of 


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TTS onset thresholds, please see 

Southall et al. (2007), Finneran and 

Jenkins (2012), Finneran (2015), and 

Table 5 in NMFS (2018). 

Installing piles requires a combination 

of impact pile driving and vibratory pile 

driving. For the project, these activities 

will not occur at the same time and 

there will likely be pauses in activities 

producing the sound during each day. 

Given these pauses and that many 

marine mammals are likely moving 

through the action area and not 

remaining for extended periods of time, 

the potential for TS declines. 

Behavioral Effects 

Exposure to noise from pile driving 

and removal also has the potential to 

behaviorally disturb marine mammals. 

Available studies show wide variation 

in response to underwater sound; 

therefore, it is difficult to predict 

specifically how any given sound in a 

particular instance might affect marine 

mammals perceiving the signal. If a 

marine mammal does react briefly to an 

underwater sound by changing its 

behavior or moving a small distance, the 

impacts of the change are unlikely to be 

significant to the individual, let alone 

the stock or population. However, if a 

sound source displaces marine 

mammals from an important feeding or 

breeding area for a prolonged period, 

impacts on individuals and populations 

could be significant (e.g., Lusseau and 

Bejder, 2007; Weilgart, 2007; NRC, 2005, 

Southall et al., 2021). 

Disturbance may result in changing 

durations of surfacing and dives, 

number of blows per surfacing, or 

moving direction and/or speed; 

reduced/increased vocal activities; 

changing/cessation of certain behavioral 

activities (such as socializing or 

feeding); visible startle response or 

aggressive behavior (such as tail/fluke 

slapping or jaw clapping); avoidance of 

areas where sound sources are located. 

Pinnipeds may increase their haul out 

time, possibly to avoid in-water 

disturbance (Thorson and Reyff, 2006). 

Behavioral responses to sound are 

highly variable and context-specific and 

any reactions depend on numerous 

intrinsic and extrinsic factors (e.g., 

species, state of maturity, experience, 

current activity, reproductive state, 

auditory sensitivity, time of day), as 

well as the interplay between factors 

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

al., 2003; Southall et al., 2007, 2021; 

Weilgart, 2007; Archer et al., 2010). 

Behavioral reactions can vary not only 

among individuals but also within 

exposures of an individual, depending 

on previous experience with a sound 

source, context, and numerous other 

factors (Ellison et al., 2012, Southall et 

al., 2021), and can vary depending on 

characteristics associated with the 

sound source (e.g., whether it is moving 

or stationary, number of sources, 

distance from the source). In general, 

pinnipeds seem more tolerant of, or at 

least habituate more quickly to, 

potentially disturbing underwater sound 

than do cetaceans, and generally seem 

to be less responsive to exposure to 

industrial sound than most cetaceans. 

For a review of studies involving marine 

mammal behavioral responses to sound, 

see Southall et al., 2007; Gomez et al., 

2016; and Southall et al., 2021 reviews. 

Disruption of feeding behavior can be 

difficult to correlate with anthropogenic 

sound exposure, so it is usually inferred 

by observed displacement from known 

foraging areas, the appearance of 

secondary indicators (e.g., bubble nets 

or sediment plumes), or changes in dive 

behavior. As for other types of 

behavioral response, the frequency, 

duration, and temporal pattern of signal 

presentation, as well as differences in 

species sensitivity, are likely 

contributing factors to differences in 

response in any given circumstance 

(e.g., Croll et al., 2001; Nowacek et al., 

2004; Madsen et al., 2006; Yazvenko et 

al., 2007). A determination of whether 

foraging disruptions incur fitness 

consequences would require 

information on or estimates of the 

energetic requirements of the affected 

individuals and the relationship 

between prey availability, foraging effort 

and success, and the life history stage of 

the animal. 

The area likely impacted by the 

project is relatively small compared to 

the available habitat in the surrounding 

waters of the Salish Sea. 

In 2017, the U.S. Navy documented 

observations of marine mammals during 

construction activities (i.e., pile driving) 

at the U.S. Coast Guard Air Station 

Sector Field Office, Port Angeles, 

Washington (81 FR 67985, October 3, 

2016). This project was roughly 60 miles 

(mi) (97 kilometers (km)) from the 

project cite and features that are very 

similar (i.e. a shallow bay of the Salish 

Sea). In the marine mammal monitoring 

report for that project (Northwest 

Environmental Consulting, 2018), 261 

harbor seals were observed within the 

behavioral disturbance zone during pile 

driving or drilling (i.e., documented as 

Level B harassment take). Twelve 

California sea lions and 2 Steller sea 

lions were observed within the 

disturbance zone during pile driving 

activities. Six harbor porpoise were 

sighted in the Level B harassment zone 

during construction. No visible signs of 

disturbance were noted for any of these 

species that were present in the 

harassment zones. Given the similarities 

in activities and habitat and the fact the 

same species are involved, we expect 

similar behavioral responses of marine 

mammals to the specified activity. That 

is, disturbance, if any, is likely to be 

temporary and localized (e.g., small area 

movements). Monitoring reports from 

other recent pile driving projects have 

observed similar behaviors. 

Masking—Sound can disrupt behavior 

through masking, or interfering with, an 

animal’s ability to detect, recognize, or 

discriminate between acoustic signals of 

interest (e.g., those used for intraspecific 

communication and social interactions, 

prey detection, predator avoidance, 

navigation) (Richardson et al., 1995). 

Masking occurs when the receipt of a 

sound is interfered with by another 

coincident sound at similar frequencies 

and at similar or higher intensity, and 

may occur whether the sound is natural 

(e.g., snapping shrimp, wind, waves, 

precipitation) or anthropogenic (e.g., 

pile driving, shipping, sonar, seismic 

exploration) in origin. The ability of a 

noise source to mask biologically 

important sounds depends on the 

characteristics of both the noise source 

and the signal of interest (e.g., signal-tonoise ratio, temporal variability, 

direction), in relation to each other and 

to an animal’s hearing abilities (e.g., 

sensitivity, frequency range, critical 

ratios, frequency discrimination, 

directional discrimination, age or TTS 

hearing loss), and existing ambient 

noise and propagation conditions. 

Masking of natural sounds can result 

when human activities produce high 

levels of background sound at 

frequencies important to marine 

mammals. Conversely, if the 

background level of underwater sound 

is high (e.g., on a day with strong wind 

and high waves), an anthropogenic 

sound source would not be detectable as 

far away as would be possible under 

quieter conditions and would itself be 

masked. Bellingham Bay is home to a 

busy industrial ports as well as large 

numbers small private vessels that 

transit the area on a regular basis; 

therefore, background sound levels in 

the bay are already elevated. 

Airborne Acoustic Effects—Pinnipeds 

that occur near the project site could be 

exposed to airborne sounds associated 

with pile driving and removal that have 

the potential to cause behavioral 

harassment, depending on their distance 

from pile driving activities. Cetaceans 

are not expected to be exposed to 

airborne sounds that will result in 

harassment as defined under the 

MMPA. 


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Airborne noise will primarily be an 

issue for pinnipeds that are swimming 

or hauled out near the project site 

within the range of noise levels 

exceeding the acoustic thresholds. We 

recognize that pinnipeds in the water 

could be exposed to airborne sound that 

may result in behavioral harassment 

when looking with their heads above 

water. Most likely, airborne sound will 

cause behavioral responses similar to 

those discussed above in relation to 

underwater sound. For instance, 

anthropogenic sound could cause 

hauled-out pinnipeds to exhibit changes 

in their normal behavior, such as 

reduction in vocalizations, or cause 

them to temporarily abandon the area 

and move further from the source. 

However, these animals will previously 

have been ‘‘taken’’ because of exposure 

to underwater sound above the 

behavioral harassment thresholds, 

which are in all cases larger than those 

associated with airborne sound. Thus, 

the behavioral harassment of these 

animals is already accounted for in 

these estimates of potential take. 

Therefore, we do not believe that 

authorization of incidental take 

resulting from airborne sound for 

pinnipeds is warranted, and airborne 

sound is not discussed further here. 

Marine Mammal Habitat Effects 

The effects of underwater noise from 

the Port of Bellingham’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 

65953; September 26, 2023) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from Port of 

Bellingham’s construction activities on 

marine mammals and their habitat. That 

information and analysis is incorporated 

by reference into this final IHA 

determination and is not repeated here; 

please refer to the notice of proposed 

IHA (88 FR 65953; September 26, 2023). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes for 

authorization through this 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 will primarily be by 

Level B harassment, as use of the 

construction (i.e., 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, primarily for 

phocids. Auditory injury is unlikely to 

occur for other authorized species. 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 to 

be 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 

will be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur 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 microPascal mPa)) for 

continuous (e.g., vibratory pile driving) 

and above RMS SPL 160 dB re 1 mPa for 

non-explosive impulsive (e.g., impact 

pile driving) 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 will not otherwise occur. 

The Port of Bellingham’s activity 

includes the use of continuous 

(vibratory driving and removal) and 

impulsive (impact pile driving), and 

therefore the RMS SPL thresholds of 120 

and 160 dB re 1 mPa are applicable. 

Originally the applicant had 

recommended a RMS SPL thresholds of 

130 1 mPa to predict take by Level B 

harassment, based on ambient sound 

measurements in Bassett et al. (2010). 

After further review of measurements in 

the area, the mean underwater noise 

levels was 117 re 1 mPa and, therefore, 

NMFS determined the 120 RMS SPL 

threshold was more appropriate for 

calculating the level B harassment zone. 

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 


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exposure to noise from two different 

types of sources (impulsive or nonimpulsive). The Port of Bellingham’s 

activity includes the use of (impact pile 

driving) and non-impulsive (vibratory 

pile driving and removal) 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. 

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

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

also be considered. 

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

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

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

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

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

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

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

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

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that are used in estimating the area 

ensonified above the acoustic 

thresholds, including source levels and 

transmission loss coefficient. 

The sound field in the project area is 

the existing background noise plus 

additional construction noise from the 

project. Marine mammals are expected 

to be affected via sound generated by 

the primary components of the project 

(i.e., impact pile driving, vibratory pile 

driving and removal). The maximum 

(underwater) area ensonified above the 

thresholds for behavioral harassment 

referenced above is 11.66 km2 (7.25 

mi2), and will consist of the majority of 

Bellingham Bay (see Figure 10 in the 

IHA application). Additionally, vessel 

traffic and other commercial and 

industrial activities in the project area 

may contribute to elevated background 

noise levels which may mask sounds 

produced by the project. 

Transmission loss (TL) is the decrease 

in acoustic intensity as an acoustic 

pressure wave propagates out from a 

source. TL parameters vary with 

frequency, temperature, sea conditions, 

current, source and receiver depth, 

water depth, water chemistry, and 

bottom composition and topography. 

The general formula for underwater TL 

is: 

TL = B * Log10 (R1/R2), 

where: 

TL = transmission loss in dB 

B = transmission loss coefficient 

R1 = the distance of the modeled SPL from 

the driven pile, and 

R2 = the distance from the driven pile of the 

initial measurement 

This formula neglects loss due to 

scattering and absorption, which is 

assumed to be zero here. The degree to 

which underwater sound propagates 

away from a sound source is dependent 

on a variety of factors, most notably the 

water bathymetry and presence or 

absence of reflective or absorptive 

conditions including in-water structures 

and sediments. Spherical spreading 

occurs in a perfectly unobstructed (freefield) environment not limited by depth 

or water surface, resulting in a 6 dB 

reduction in sound level for each 

doubling of distance from the source 

(20*log[range]). Cylindrical spreading 

occurs in an environment in which 

sound propagation is bounded by the 

water surface and sea bottom, resulting 

in a reduction of 3 dB in sound level for 

each doubling of distance from the 

source (10*log[range]). A practical 

spreading value of 15 is often used 

under conditions, such as the project 

site, where water increases with depth 

as the receiver moves away from the 

shoreline, resulting in an expected 

propagation environment that will lie 

between spherical and cylindrical 

spreading loss conditions. Practical 

spreading loss is assumed here. 

The intensity of pile driving sounds is 

greatly influenced by factors such as the 

type of piles, hammers, and the physical 

environment in which the activity takes 

place. In order to calculate the distances 

to the Level A harassment and the Level 

B harassment sound thresholds for the 

methods and piles being used in this 

project, NMFS used acoustic monitoring 

data from other locations to develop 

proxy source levels for the various pile 

types, sizes and methods. The project 

includes vibratory and impact pile 

installation of steel and timber piles and 

vibratory removal of steel and timber 

piles. Pile sizes range from 14-in to 24- 

in, and the applicant has decided to 

implement mitigation and monitoring 

measures and take estimates associated 

with 24-in. piles for all pile types and 

sizes. Source levels for the 24-in. pile 

size and driving methods are presented 

in Table 4. The source levels for 

vibratory and impact installation of 24- 

in. steel piles are based on the averaged 

source level of the same type of pile 

reported by California Department of 

Transportation (Caltrans) in pile driving 

source level compendium documents 

(Caltrans, 2015, 2020). 


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TABLE 4—PROXY SOUND SOURCE LEVELS FOR PILE SIZES AND DRIVING METHODS

Pile size Method 

Proxy source level 

Literature source 

dB RMS re 1μPa dB SEL re 1μPa2sec dB peak re 1μPa 

24 in ................................ Vibratory ......................... 166 N/A N/A Caltrans 2020. 

24 in ................................ Impact ............................. 190 174 203 Caltrans 2015. 

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 impact or vibratory 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 will be expected to incur 

PTS. Inputs used in the optional User 

Spreadsheet tool, and the resulting 

estimated isopleths, are reported below. 

Although many different pile types 

and sizes are to be used during the 

construction project, the Port of 

Bellingham is implementing mitigation 

and reporting measures and take 

estimates for the 24-in. steel pipe piles. 

Use of this pile size results in the largest 

Level A and Level B harassment zones 

and most conservative mitigation 

measures. Therefore the only 

calculations the applicant ran were 

using the 24-in. piles. The applicant 

also plans to limit the number of impact 

strikes per day for all piles to 1,725 and 

the vibratory install of all piles to 90 

minutes per day and the vibratory 

removal of all piles to 30 minutes per 

day. 

TABLE 5—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING LEVEL A HARASSMENT ISOPLETHS

Pile size and installation method Spreadsheet tab used 

Weighting 

factor 

adjustment 

(kHz) 

Number of 

strikes 

per pile 

Number of 

piles 

per day 

Activity 

duration 

(minutes) 

24-in vibratory installation ...................... A.1 Vibratory pile driving ...................... 2.5 N/A 1 90 

24-in vibratory removal .......................... A.1 Vibratory pile driving ...................... 2.5 N/A 1 30 

24-in impact installation ......................... E.1 Impact pile driving .......................... 2 1,725 1 N/A 

TABLE 6—CALCULATED LEVEL A AND LEVEL B HARASSMENT ISOPLETHS

Activity 

Level A harassment zone 

(m) Level B 

harassment 

zone 

(m) HFcetaceans Phocids Otariids 

24-in vibratory installation ............................................................................................ 29 12 1 11,659 

24-in vibratory removal (temporary) ............................................................................ 14 6 1 

24-in impact installation (1 pile per day; 1,725 strikes per pile) ................................. 430 193 14 25 

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. 

When available, peer-reviewed 

scientific publications were used to 

estimate marine mammal abundance in 

the project area. Some data from 

monitoring reports from previous 

projects near Bellingham Bay were used. 

However, scientific surveys and 

resulting data, such as population 

estimates, densities, and other 

quantitative information, are lacking for 

some marine mammal populations. 

Therefore, the applicant gathered 

qualitative information from discussions 

with knowledgeable local people in the 

Bellingham Bay area. 

Here we describe how the information 

provided is synthesized to produce a 

quantitative estimate of the take that is 

reasonably likely to occur and for 

authorization. Since reliable densities 

are not available, the applicant requests 

take based on the maximum number of 

animals that may occur in the harbor in 

a specified measure of time multiplied 

by the total duration of the activity. 

Harbor Porpoise 

The applicant did not initially request 

take of harbor porpoise for this project. 

Harbor porpoises are known to be an 

inconspicuous species and are 

challenging for protected species 

observers (PSOs) to sight, making any 

approach to a specific area potentially 

difficult to detect. Because harbor 

porpoises move quickly and elusively, it 

is possible that they may enter the Level 

B harassment zone during vibratory pile 

driving and removal. NMFS reviewed 

monitoring data from the 2017 U.S. 

Navy construction project at the Coast 

Guard Air Station in Port Angeles, 

Washington in order to determine a take 

estimate for harbor porpoise. 

During that project the Level B 

harassment zone was 13.6 km (8.6 mi) 

which could only partially be observed 

by monitors during the project. 

Therefore, take estimates were 


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extrapolated from the observations to 

account for unobserved area where take 

may have occurred. It was assumed that 

87 takes by Level B harassment may 

have occurred in the unobserved area, 

for a total of 93 takes during the project. 

Given 93 total takes it was expected that 

3 harbor porpoise were taken per day 

during the construction project 

(Northwest Environmental Consulting, 

2018). Thus, NMFS recommended 3 

animals per day for a total of 261 takes 

by Level B harassment. 

The largest Level A harassment zone 

results from impact driving of 24-in 

piles, and extends 430 m from the 

source for high frequency cetaceans 

(Table 7). The Port of Bellingham will 

implement a shutdown zone for harbor 

porpoises that encompasses the largest 

Level A harassment zone (see Mitigation 

section). Although harbor porpoises can 

be challenging to observe, given the 

relatively confined and observable 

ensonified area combined with the fact 

that harbor porpoises are generally 

considered more likely than some other 

species to avoid louder areas of higher 

activity, takes by Level A harassment 

has not been authorized. 

California Sea Lion 

California sea lions are infrequent 

visitors to Bellingham Bay. It is 

expected that the occasional presence of 

California sea lions will occur during 

the fall and winter following forage (fish 

runs) into the bay. Based on anecdotal 

evidence from port staff sightings, the 

applicants estimated that one California 

sea lion per day may enter the Level B 

harassment zone during vibratory pile 

driving and removal. The total number 

of takes by Level B harassment will be 

87 California sea lions. 

The largest Level A harassment zone 

for otariid pinnipeds extends 14 m from 

the source (Table 7). The Port of 

Bellingham is planning to implement 

larger shutdown zones than the Level A 

harassment zones during all pile 

installation and removal activities (see 

Mitigation section), which is expected 

to eliminate the potential for take by 

Level A harassment of California sea 

lions. Therefore, no takes of California 

sea lions by Level A harassment were 

requested or are authorized. 

Steller Sea Lions 

Steller sea lions from the eastern DPS, 

are also rare visitors to Bellingham Bay 

that typically occur during the fall and 

winter following prey into the bay. 

Based on anecdotal evidence from port 

staff sightings, the applicants estimated 

that one Steller sea lion per day may 

enter the Level B harassment zone 

during vibratory pile driving and 

removal. The total number of takes by 

Level B harassment will be 87 Steller 

sea lions. 

Similar to California sea lions, the 

largest Level A harassment zone for 

otariid pinnipeds extends 14 m from the 

source (Table 7). The Port of Bellingham 

is planning to implement larger 

shutdown zones than the Level A 

harassment zones during all pile 

installation and removal activities (see 

Mitigation section), which is expected 

to eliminate the potential for take by 

Level A harassment of Steller sea lions. 

Therefore, no takes of Steller sea lions 

by Level A harassment were requested 

or are authorized. 

Harbor Seal 

The applicant originally estimated 

that up to 15 harbor seals per day could 

be taken by Level A harassment during 

impact driving and 20 harbor seals per 

day could be taken by Level B 

harassment during vibratory pile driving 

and removal. The applicant expected to 

take 275 harbor seals by Level A 

harassment and 2,000 seals by Level B 

harassment. 

After further analysis of the survey 

data provided by the applicant the 

NMFS recommended a daily rate of 7.7 

harbor seals per day in the project area 

per haulout. The Level B harassment 

zone encompasses three haulouts and it 

is expected that roughly the same 

amount of seals haulout at each location 

per day. It is expected that up to 23 

harbor seals per day could be present in 

the Level B harassment zone during 

vibratory pile driving and removal. 

Therefore, NMFS expects that 2,029 

harbor seal takes by Level B harassment 

over the course of constructions. 

The largest Level A harassment zone 

for phocid pinnipeds extends 193 m 

from the source (Table 7). The Port of 

Bellingham expressed concern with the 

ability to complete work in an efficient 

manner with the common occurence of 

harbor seals in the project area. The 

applicant and NMFS agreed on the 

implementation of a 50 m shutdown 

zone in order to shutdown for those 

animals closest to the pile driving 

activity but allow for pile driving to 

continue for animals that may beyond 

50 m (see Mitigation section). It is 

expected that 7.7 harbor seals per day 

may be subject to Level A harassment 

during 17 days of impact pile driving for 

a total of 264 takes by Level A 

harassment. 

TABLE 7—ESTIMATED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES AND STOCK

Common name Stock Stock 

abundance a Level A Level B Total take 

Take as 

percentage 

of stock 

Harbor porpoise .......................... Washington Inland Waters ......... 11,233 0 261 261 2.3 

Steller sea lion ............................ Eastern U.S ................................ 43,201 0 87 87 .2 

California sea lion ....................... U.S .............................................. 257,606 0 87 87 <0.1 

Harbor seal ................................. Lynn Canal/Stephens Passage .. b 7,513 264 2,029 3,050 30.5 

aStock or DPS size is Nbest according to NMFS 2022 Final Stock Assessment Reports. 

bStock abundance estimate derived from Jefferson et al. 2021. 

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. 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: 


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(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 measures will apply to 

the Port of Bellingham’s mitigation 

requirements: 

Implementation of Shutdown Zones 

for Level A Harassment—For all pile 

driving/removal activities, the Port of 

Bellingham will implement shutdowns 

within designated zones. The purpose of 

a shutdown zone is generally to define 

an area within which shutdown of 

activity will occur upon sighting of a 

marine mammal (or in anticipation of an 

animal entering the defined area). 

Implementation of shutdowns will be 

used to avoid or minimize incidental 

Level A harassment exposures from 

vibratory and impact pile driving for all 

four species for which take may occur 

(see Table 7). Shutdown zones for 

impact and vibratory pile driving 

activities are based on the Level A 

harassment zones for the 24-in steel 

piles, strikes (impact) or duration 

(vibratory) per day, and marine mammal 

hearing group (Table 8). The shutdown 

zone for harbor seals during impact pile 

driving is less that the Level A 

harassment zone in order to facilitate 

efficient work operations during the 

project. The placement of PSOs during 

all pile driving activities (described in 

detail in the Monitoring and Reporting 

Section) will ensure the full extent of 

shutdown zones are visible to PSOs. 

TABLE 8—SHUTDOWN ZONES DURING PILE INSTALLATION AND REMOVAL

Activity 

Shutdown zones 

(m) 

HF cetaceans Phocids Otariids 

Vibratory installation (90 minutes) ..................................................................................................... 30 20 10 

Vibratory removal (30 minutes) ......................................................................................................... 20 10 10 

Impact installation (1,725 strikes) ...................................................................................................... 430 50 20 

Establishment of Monitoring Zones— 

The Port of Bellingham has identified 

monitoring zones that will be in effect 

for all pile driving activities. Vibratory 

installation and removal is expected to 

occur on all day of construction and the 

zone for 24-in steel piles will be 

implemented at all times (Table 9) 

Monitoring zones provide utility for 

observing by establishing monitoring 

protocols for areas adjacent to the 

shutdown zones. Monitoring zones 

enable observers to be aware of and 

communicate the presence of marine 

mammals in the project area outside the 

shutdown zone and thus prepare for a 

potential cease of activity should the 

animal enter the shutdown zone. PSOs 

will monitor the entire visible area to 

maintain the best sense of where 

animals are moving relative to the zone 

boundaries defined in Tables 8 and 9. 

Placement of PSOs on the on the Port 

of Bellingham facility or in a small boat 

in the Bellingham Bay will allow PSOs 

to observe marine mammals within and 

near the bay. 

TABLE 9—MARINE MAMMAL MONITORING ZONE

Activity Monitoring zone 

(m) 

24-in vibratory installation and removal ......................................................................................................................................... 11,660 

Soft Start—The use of soft-start 

procedures are believed to provide 

additional protection to marine 

mammals by providing warning and/or 

giving marine mammals a chance to 

leave the area prior to the hammer 

operating at full capacity. For impact 

pile driving, contractors will be required 

to provide an initial set of strikes from 

the hammer at reduced energy, with 

each strike followed by a 30-second 

waiting period. This procedure will be 

conducted a total of three times before 

impact pile driving begins. Soft start 

will be implemented at the start of each 

day’s impact pile driving and at any 

time following cessation of impact pile 

driving for a period of 30 minutes or 

longer. Soft start is not required during 

vibratory pile driving and removal 

activities. 

Pre-Activity Monitoring—Prior to the 

start of daily in-water construction 

activity, or whenever a break in pile 

driving/removal of 30 minutes or longer 

occurs, PSOs will observe the shutdown 

and monitoring zones for a period of 30 

minutes. The shutdown zone will be 

considered cleared when a marine 

mammal has not been observed within 

the zone for that 30-minute period. If a 

marine mammal is observed within the 

shutdown zone, a soft-start cannot 

proceed until the animal has left the 

zone or has not been observed for 15 

minutes. If the monitoring zone has 

been observed for 30 minutes and 

marine mammals are not present within 

the zone, soft-start procedures can 

commence and work can continue. 

When a marine mammal permitted for 

take by Level B harassment is present in 

the Level B harassment zone, activities 

may begin. No work may begin unless 

the entire shutdown zone is visible to 

the PSOs. If work ceases for more than 

30 minutes, the pre-activity monitoring 

of both the monitoring zone and 

shutdown zone will commence. 

Bubble Curtin—A bubble curtain will 

be employed during impact installation 

or proofing of steel piles. A noise 

attenuation device will not be required 

during vibratory pile driving. If a bubble 

curtain or similar measure is used, it 

will distribute air bubbles around 100 

percent of the piling perimeter for the 

full depth of the water column. Any 

other attenuation measure will be 

required to provide 100 percent 

coverage in the water column for the 


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full depth of the pile. The lowest bubble 

ring will be in contact with the mudline 

for the full circumference of the ring. 

The weights attached to the bottom ring 

will ensure 100 percent mudline 

contact. No parts of the ring or other 

objects will prevent full mudline 

contact. 

Based on our evaluation of the 

applicant’s measures, NMFS has 

preliminarily determined that the 

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. 

Visual Monitoring 

Monitoring shall be conducted by 

NMFS-approved observers in 

accordance with section 13.2 of the 

application. Trained observers shall be 

placed from the best vantage point(s) 

practicable to monitor for marine 

mammals and implement shutdown or 

delay procedures when applicable 

through communication with the 

equipment operator. Observer training 

must be provided prior to project start, 

and shall include instruction on species 

identification (sufficient to distinguish 

the species in the project area), 

description and categorization of 

observed behaviors and interpretation of 

behaviors that may be construed as 

being reactions to the specified activity, 

proper completion of data forms, and 

other basic components of biological 

monitoring, including tracking of 

observed animals or groups of animals 

such that repeat sound exposures may 

be attributed to individuals (to the 

extent possible). 

Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after pile driving/removal activities. In 

addition, observers shall record all 

incidents of marine mammal 

occurrence, regardless of distance from 

activity, and shall document any 

behavioral reactions in concert with 

distance from piles being driven or 

removed. Pile driving/removal 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. 

A minimum of one PSO will be on 

duty during impact pile driving 

activities and a minimum of two PSOs 

during vibratory installation/removal. 

Locations from which PSOs will be able 

to monitor for marine mammals are 

readily available from the Port of 

Bellingham property and, if necessary, 

on small boats in Bellingham Bay. PSOs 

will monitor for marine mammals 

entering the Level B harassment zones; 

the position(s) may vary based on 

construction activity and location of 

piles or equipment. 

PSOs will scan the waters using 

binoculars and will use a handheld 

range-finder device to verify the 

distance to each sighting from the 

project site. All PSOs will be trained in 

marine mammal identification and 

behaviors and are required to have no 

other project-related tasks while 

conducting monitoring. In addition, 

monitoring will be conducted by 

qualified observers, who will be placed 

at the best vantage point(s) practicable 

to monitor for marine mammals and 

implement shutdown/delay procedures 

when applicable by calling for the 

shutdown to the hammer operator via a 

radio. The Port of Bellingham will 

adhere to the following observer 

qualifications: 

(i) Independent observers (i.e., not 

construction personnel) are required; 

(ii) One PSO will be designated as the 

lead PSO or monitoring coordinator and 

that observer must have prior 

experience working as an observer; 

(iii) Other observers may substitute 

education (degree in biological science 

or related field) or training for 

experience; and 

(iv) The applicant must submit 

observer Curriculum Vitaes for approval 

by NMFS. 

Additional standard observer 

qualifications include: 

• 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 and 

times when in-water construction 

activities were suspended to avoid 

potential incidental injury from 

construction sound of marine mammals 

observed within a defined shutdown 

zone; 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. 

Reporting 

A draft marine mammal monitoring 

report will be submitted to NMFS 

within 90 days after the completion of 

pile driving and removal activities. It 

will include an overall description of 

work completed, a narrative regarding 

marine mammal sightings, and 


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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 driving) and the total 

equipment duration for cutting for each 

pile or total number of strikes for each 

pile (impact driving). 

• 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 time of 

sighting; Time of sighting; Identification 

of the animal(s) (e.g., genus/species, 

lowest possible taxonomic level, or 

unidentified), 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 sighting (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, 

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, 

by species. 

• Detailed information about any 

implementation of any mitigation 

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

description of specific actions that 

ensued, and resulting changes in 

behavior of the animal(s), if any. 

If no comments are received from 

NMFS within 30 days, the draft final 

report will constitute the final report. If 

comments are received, a final report 

addressing NMFS comments must be 

submitted within 30 days after receipt of 

comments. 

Reporting Injured or Dead Marine 

Mammals 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the IHA (if issued), such 

as an injury, serious injury or mortality, 

the Port of Bellingham will immediately 

cease the specified activities and report 

the incident to the Chief of the Permits 

and Conservation Division, Office of 

Protected Resources, NMFS, and the 

Alaska Regional Stranding Coordinator. 

The report will include the following 

information: 

• Description of the incident; 

• Environmental conditions (e.g., 

Beaufort sea state, visibility); 

• Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• Photographs or video footage of the 

animal(s) (if equipment is available). 

Activities will not resume until NMFS 

is able to review the circumstances of 

the prohibited take. NMFS will work 

with the Port of Bellingham to 

determine what is necessary to 

minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. The Port of Bellingham will 

not be able to resume their activities 

until notified by NMFS via letter, email, 

or telephone. 

In the event that the Port of 

Bellingham discovers an injured or dead 

marine mammal, and the lead PSO 

determines that the cause of the injury 

or death is unknown and the death is 

relatively recent (e.g., in less than a 

moderate state of decomposition as 

described in the next paragraph), the 

Port of Bellingham will immediately 

report the incident to the Office of 

Protected Resources 

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

NMFS and to the West Coast Region 

regional stranding coordinator as soon 

as feasible. The report will include the 

same information identified in the 

paragraph above. Activities will be able 

to continue while NMFS reviews the 

circumstances of the incident. NMFS 

will work with the Port of Bellingham 

to determine whether modifications in 

the activities are appropriate. 

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 4033; 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, the majority of 

our analysis applies to all the species 

listed in Table 7, given that many of the 

anticipated effects of this project on 

different marine mammal stocks are 

expected to be relatively 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, 

they are described independently in the 

analysis below. 

Pile driving and removal activities 

associated with the project as outlined 

previously, have the potential to disturb 

or displace marine mammals. 

Specifically, the specified activities may 

result in take, in the form of Level A 

harassment and Level B harassment 

from underwater sounds generated from 

pile driving and removal. Potential takes 

could occur if individuals of these 

species are present in zones ensonified 

above the thresholds for Level A or 

Level B harassment identified above 

when these activities are underway. 

Take by Level A and Level B 

harassment will be due to potential 

behavioral disturbance, TTS, and PTS. 

No serious injury or mortality is 

anticipated or for authorization given 


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the nature of the activity and measures 

designed to minimize the possibility of 

injury to marine mammals. Take by 

Level A harassment is only anticipated 

for harbor seal. The potential for 

harassment is minimized through the 

construction method and the 

implementation of the planned 

mitigation measures (see Mitigation 

section). 

Based on reports in the literature as 

well as monitoring from other similar 

activities, behavioral disturbance (i.e., 

Level B harassment) would likely be 

limited to reactions such as increased 

swimming speeds, increased surfacing 

time, or decreased foraging (if such 

activity were occurring) (e.g., Thorson 

and Reyff, 2006; HDR, Inc., 2012; Lerma, 

2014; ABR, 2016). Most likely for pile 

driving, individuals would simply move 

away from the sound source and be 

temporarily displaced from the areas of 

pile driving, although even this reaction 

has been observed primarily only in 

association with impact pile driving. 

The pile driving activities analyzed here 

are similar to, or less impactful than, 

numerous other construction activities 

conducted in Washington, which have 

taken place with no observed severe 

responses of any individuals or known 

long-term adverse consequences. Level 

B harassment would be reduced to the 

level of least practicable adverse impact 

through use of mitigation measures 

described herein and, if sound produced 

by project activities is sufficiently 

disturbing, animals are likely to simply 

avoid the area while the activity is 

occurring. While vibratory driving 

associated with the project may produce 

sound at distances of many kilometers 

from the project site, thus overlapping 

with some likely less-disturbed habitat, 

the project site itself is located in a busy 

harbor and the majority of sound fields 

produced by the specified activities are 

close to the harbor. Animals disturbed 

by project sound would be expected to 

avoid the area and use nearby higherquality habitats. 

In addition to the expected effects 

resulting from authorized Level B 

harassment, we anticipate that harbor 

seals may sustain some limited Level A 

harassment in the form of auditory 

injury. However, animals in these 

locations that experience PTS would 

likely only receive slight PTS, i.e., 

minor degradation of hearing 

capabilities within regions of hearing 

that align most completely with the 

energy produced by pile driving, i.e., 

the low-frequency region below 2 

kilohertz (kHz), not severe hearing 

impairment or impairment in the 

regions of greatest hearing sensitivity. If 

hearing impairment occurs, it is most 

likely that the affected animal would 

lose a few decibels in its hearing 

sensitivity, which in most cases is not 

likely to meaningfully affect its ability 

to forage and communicate with 

conspecifics. As described above, we 

expect that marine mammals would be 

likely to move away from a sound 

source that represents an aversive 

stimulus, especially at levels that would 

be expected to result in PTS, given 

sufficient notice through use of soft 

start. 

The project also is not expected to 

have significant adverse effects on 

affected marine mammals’ habitat. The 

project activities will not modify 

existing marine mammal habitat for a 

significant amount of time. The 

activities may cause some fish or 

invertebrates to leave the area of 

disturbance, thus temporarily impacting 

marine mammals’ foraging 

opportunities in a limited portion of the 

foraging range; but, because of the short 

duration of the activities, the relatively 

small area of the habitat that may be 

affected, and the availability of nearby 

habitat of similar or higher value, the 

impacts to marine mammal habitat are 

not expected to cause significant or 

long-term negative consequences. 

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; 

• Any Level A harassment exposures 

(i.e., to harbor seals, only) are 

anticipated to result in slight PTS (i.e., 

of a few decibels), within the lower 

frequencies associated with pile driving; 

• The anticipated incidents of Level B 

harassment will consist of, at worst, 

temporary modifications in behavior 

that will not result in fitness impacts to 

individuals; 

• The ensonifed areas from the 

project is very small relative to the 

overall habitat ranges of all species and 

stocks; 

• or any other areas of known 

biological importance; with the 

exception of three haulout locations in 

Bellingham Bay that will be affected by 

the project. Currently those haulout 

locations are not known to be pupping 

locations for harbor seals but are 

important areas throughout the year. 

Harbor seals at these haulouts will 

likely result in repeated exposure of the 

same animals. Repeated exposures of 

individuals to this pile driving activity 

could cause Level A and Level B 

harassment but are unlikely to 

considerably disrupt foraging behavior 

or result in significant decrease in 

fitness, reproduction, or survival for the 

affected individuals. In all, there will be 

no adverse impacts to the stock as a 

whole. 

• The mitigation measures are 

expected to reduce the effects of the 

specified activity to the level of least 

practicable adverse impact. 

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 preliminarily finds that the total 

marine mammal take from the 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. 

Table 7 demonstrates the number of 

instances in which individuals of a 

given species could be exposed to 

receive noise levels that could cause 

Level A and Level B harassment for the 

work in Bellingham Bay. Our analysis 

shows that less than 3 percent of all but 

one stock could be taken by harassment, 

and less than 30 percent of harbor seals, 

noting that the percentage of individual 

harbor seals is likely notably lower 

because some portion of the estimated 

instances of take are expected to 

represent repeated takes of the same 

individuals on multiple days. The 

numbers of animals to be taken for these 

stocks will be considered small relative 

to the relevant stock’s abundances, even 

if each estimated taking occurred to a 

new individual—an extremely unlikely 

scenario. 

Based on the analysis contained 

herein of the activity (including the 


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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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