[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29749-29761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13591]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF830


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Construction at the City Dock and 
Ferry Terminal, in Tenakee Springs, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; Issuance of an incidental harassment authorization.

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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 Alaska Department of Transportation and Public Facilities (ADOT&PF) 
to incidentally harass, by Level B harassment only, marine mammals 
during construction activities associated with a city dock and ferry 
terminal improvement project in Tenakee Springs, Alaska.

DATES: This Authorization is applicable from June 1, 2019 through May 
31, 2020.

FOR FURTHER INFORMATION CONTACT: Jonathan Molineaux, Office of 
Protected Resources, NMFS, (301) 427-8401. Electronic copies of the 
application and supporting documents, as well as a list of the 
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems 
accessing these documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking shall have a negligible impact on the species or 
stock(s), shall not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, 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).

Summary of Request

    On October 23, 2017, NMFS received a request from ADOT&PF for an 
IHA to take marine mammals incidental to conducting improvements at the 
Tenakee Springs city dock and ferry terminal, in Tenakee Springs, 
Alaska. The application was considered adequate and complete on January 
30, 2018. ADOT&PF's request is for take of seven species of marine 
mammals by Level B harassment only. Neither ADOT&PF nor NMFS expect 
mortality to result from this activity and, therefore, an IHA is 
appropriate. The planned activity is not expected to exceed one year, 
hence, we do not expect subsequent MMPA IHAs to be issued for this 
particular activity.

[[Page 29750]]

Description of Activity

    The ADOT&PF plans to make improvements to the Tenakee Springs Ferry 
Terminal located in Tenakee Springs, Alaska, on Chichigof Island in 
southeast Alaska (Figure 1-1 of the application). The facility is a 
multi-function dock and active ferry terminal located in the center of 
town (see Figure 1-2 and Figure 1-3 in application). The project's 
activities that have the potential to take marine mammals include 
vibratory and impact pile driving, drilling operations for pile 
installation (down-hole hammer), and vibratory pile removal.
    The purpose of the project is to replace the existing, aging 
mooring and transfer structures nearing the end of their operational 
life due to corrosion and wear with modern facilities that provide 
improved operations for Alaska Marine Highway System (AMHS) ferry 
vessels, as well as freight and fueling operators, servicing the 
community of Tenakee Springs. Planned improvements include the 
installation of new shore side facilities and marine structures and the 
renovation of existing structures. This shall accommodate cargo and 
baggage handling, vessel mooring, passenger and vehicle access 
gangways, and re-establish existing electrical and fuel systems. 
Improvements shall enhance public safety and security.
    In-water project construction activities shall begin no sooner than 
June 1, 2019. Pile installation and removal is expected to be completed 
in 93 working days within a 4-month window beginning sometime after 
June 1, 2019. Pile installation shall be intermittent and staggered 
depending on weather, construction and mechanical delays, marine mammal 
shutdowns, and other potential delays and logistical constraints. Given 
the possibility of schedule delays and other unforeseen circumstances, 
an IHA is being requested for a full year, from June 1, 2019 through 
May 31, 2020.
    A detailed description of the planned activities is provided in the 
proposed IHA for this action found in the following Federal Register 
notice (83 FR 12152, March 20, 2018). Since that time, the only 
alteration that has been made to the planned activities is the addition 
of two pile removals with a vibratory hammer. This additional activity 
has no impact on the take numbers or duration of the project originally 
in the Federal Register notice (83 FR 12152, March 20, 2018). 
Therefore, a detailed description of the action 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's proposal to issue an IHA was published in the 
Federal Register on March 20, 2018 (83 FR 12152). During the 30-day 
public comment period, the Marine Mammal Commission (Commission) 
submitted a letter on April 2, 2018. The Commission recommended that 
NMFS issue the IHA, subject to inclusion of the mitigation, monitoring, 
and reporting measures.
    Comment 1: The Commission recommends NMFS (1) clarify that action 
proponents should use linear averaging rather than simple arithmetic 
means to estimate source levels both as reported in hydroacoustic 
monitoring reports and for use in applications, (2) continue to require 
that minimum, mean, median, and maximum values be reported in all 
hydroacoustic monitoring reports, (3) base proxy source levels on 
median rather than mean values and (4) continue to require action 
proponents to use practical spreading unless site-specific transmission 
loss data are available from the project site.
    Response: At this moment, there are no studies or data that support 
the use of either the linear mean, arithmetic mean, or median when 
determining appropriate proxy source levels. However, NMFS is 
considering the Commission's recommendation at this time and may choose 
to use the linear mean or median proxy source levels for future 
actions. In addition, NMFS shall continue to require the reporting of 
minimum, mean, median, and maximum values in hydroacoustic monitoring 
reports and the use of practical spreading when site-specific 
transmission loss data are not available.
    Comment 2: The Commission recommends NMFS promptly revise its draft 
rounding criteria in order to share them with the Commission in a 
timely manner
    Response: NMFS appreciates the Commission's interest in this matter 
and looks forward to further discussion.

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS Stock Assessment Reports (SAR; www.nmfs.noaa.gov/pr/sars/
), and more general information about these species (e.g., physical and 
behavioral descriptions) may be found on NMFS website 
(www.nmfs.noaa.gov/pr/species/mammals/). We provided a description of 
the specified activity in our Federal Register notice announcing the 
authorization (83 FR 12152; March 20, 2018). Since that time, it was 
noted that the section detailing Steller sea lions did not include 
updated non-pup counts conducted between October and March from 2004 to 
2017 by the Alaska Department of Fish and Game at the Tenakee Cannery 
Point haulout (the closest Steller sea lion haulout to the project 
area). These counts averaged 140 individuals at the haulout (Jemison 
2017, unpubl. data) which were reflected in the Estimated Take Section 
of our Federal Register (83 FR 12152; March 20, 2018). All other 
information within these sections remain the same. Please refer to that 
document (83 FR 12152; March 20, 2018); we provide only a summary table 
here (Table 1).

                                  Table 1--Marine Mammals That Occur in the Project Area During the Specified Activity
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                                                                                                            Stock abundance Nbest,
                                                                                        ESA/MMPA status;    (CV, Nmin, most recent             Annual M/
            Common name                  Scientific name           MMPA stock         Strategic (Y/N) \1\    abundance survey) \2\     PBR       SI \3\
 
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                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Family Balaenidae
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Humpback whale.....................  Megaptera novaeangliae  Central North Pacific.  E, D,Y                 10,103 (0.3, 7,890,            83         21
                                                                                                             2006).

[[Page 29751]]

 
Minke whale........................  Balaenoptera            Alaska................  -, N                   N.A...................        N.A       N.A.
                                      acutorostrata.
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                            Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale.......................  Orcinus orca..........  Alaska Resident.......  -, N                   2,347 (N.A., 2,347,          23.4          1
                                                                                                             2012) \4\.
                                                             West Coast Transient..  -, N                   243 (N/A, 243, 2009)          2.4          1
                                                                                                             \4\.
                                                             Northern Resident.....  -, N                   290 (N/A, 290, 2014)         1.96          0
                                                                                                             \6\.
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                                                                   Family Phocoenidae
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Harbor porpoise....................  Phocoena phocoena.....  Southeast Alaska......  -, Y                   975 (0.10, 896, 2012)     \5\ 8.9     \5\ 34
                                                                                                             \5\.
Dall's porpoise....................  Phocoenoides dalli....  Alaska................  -, N                   83,400................        N.A         38
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                                                         Order Carnivora--Superfamily Pinnipedia
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                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion...................  Eumatopia jubatus.....  Western U.S. \7\......  E, D, Y                50,983 (N.A., 50,983,         320        241
                                                                                                             2016).
                                                             Eastern U.S...........  -,-, N                 41,638 (N/A, 41,638,        2,498        108
                                                                                                             2015).
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                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal........................  Phoca vitulina          Glacier Bay/Icy Strait  -, N                   7,210 (N.A., 5,647,           169        104
                                      richardii.                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
  designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
  which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
  automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: 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 (N/A).
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike).
\4\ N is based on counts of individual animals identified from photo-identification catalogs.
\5\ In the SAR for harbor porpoise (NMFS 2017), NMFS identified population estimates and PBR for porpoises within inland Southeast Alaska waters (these
  abundance estimates have not been corrected for g(0); therefore, they are likely conservative). The calculated PBR is considered unreliable for the
  entire stock because it is based on estimates from surveys of only a portion (the inside waters of Southeast Alaska) of the range of this stock as
  currently designated. The Annual M/SI is for the entire stock, including coastal waters.
\6\ Abundance estimates obtained from Towers et al. 2015.
\7\ Abundance, PBR, and Annual M/SI derived from draft 2017 SARs (Muto2017b).

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effect of stressors associated with the specified activities 
(e.g., pile driving and drilling) has the potential to result in 
behavioral harassment of marine mammals in the vicinity of the action 
areas. The Federal Register notice for the proposed IHA (83 FR 12152; 
March 20, 2018) included a discussion of the effects of such 
disturbance on marine mammals, therefore that information is not 
repeated here.
    NMFS described potential impacts to marine mammal habitat in detail 
in our Federal Register notice of proposed authorization (83 FR 12152; 
March 20, 2018). In summary, the project activities are not expected to 
modify existing marine mammal habitat. Because of the short duration of 
the activities and the relatively small area of the habitat that may be 
affected, the impacts to marine mammal habitat are not expected to 
cause significant or long-term negative consequences for individual 
marine mammals or their populations.

Estimated Take

    This section provides an estimate of the number of incidental takes 
for authorization through this IHA, which shall inform both NMFS' 
consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes are expected to be by Level B harassment only, in 
the form of disruption of behavioral patterns for individual marine 
mammals resulting from exposure to pile driving and drilling. Based on 
the nature of the activity and the anticipated effectiveness of the 
mitigation measures (i.e., shutdowns--discussed in detail below in 
Mitigation section), Level A harassment is neither anticipated nor

[[Page 29752]]

authorized. As described previously, no mortality is anticipated or 
authorized for this activity. Below we describe how the take is 
estimated.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals shall be behaviorally harassed or 
incur some degree of permanent hearing impairment; (2) the area or 
volume of water that shall be ensonified above these levels in a day; 
(3) the density or occurrence of marine mammals within these ensonified 
areas; and, (4) and the number of days of activities. Below, we 
describe these components in more detail and present the take estimate.

Acoustic Thresholds

    NMFS has developed acoustic thresholds that identify the received 
level of underwater sound above which exposed marine mammals shall 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 for non-explosive sources--Though significantly 
driven by received level, the onset of behavioral disturbance from 
anthropogenic noise exposure is also informed to varying degrees by 
other factors related to the source (e.g., frequency, predictability, 
duty cycle), the environment (e.g., bathymetry), and the receiving 
animals (hearing, motivation, experience, demography, behavioral 
context) and can be difficult to predict (Southall et al., 2007, 
Ellison et al., 2012). Based on what the available science indicates 
and the practical need to use a threshold based on a factor that is 
both predictable and measurable for most activities, NMFS uses a 
generalized acoustic threshold based on received level to estimate the 
onset of behavioral harassment. NMFS predicts that marine mammals are 
likely to be behaviorally harassed in a manner we consider Level B 
harassment when exposed to underwater anthropogenic noise above 
received levels of 120 decibels (dB) re 1 micro pascal ([mu]Pa) root 
mean square (rms) for continuous (e.g., vibratory pile-driving, 
drilling) and above 160 dB re 1 [mu]Pa (rms) for non-explosive 
impulsive (e.g., seismic airguns and impact pile driving) sources.
    ADOT&PF's activity includes the use of continuous (vibratory pile 
driving and drilling) and impulsive (impact pile driving) sources, and 
therefore the 120 and 160 dB re 1 [mu]Pa (rms) thresholds are 
applicable.
    Level A harassment for non-explosive sources--NMFS' Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (Technical Guidance, 2016) identifies dual criteria to 
assess auditory injury (Level A harassment) to five different marine 
mammal groups (based on hearing sensitivity) because of exposure to 
noise from two different types of sources (impulsive or non-impulsive).
    These thresholds were developed by compiling and synthesizing the 
best available science and soliciting input multiple times from both 
the public and peer reviewers to inform the final product, and are 
provided in Table 2 below. The references, analysis, and methodology 
used in the development of the thresholds are described in NMFS' 2016 
Technical Guidance, which may be accessed at: http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

                     Table 2--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
                                                   PTS onset acoustic thresholds \1\  (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-frequency cetaceans................  Lpk,flat: 219 dB;           LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB.
Mid-frequency cetaceans................  Lpk,flat: 230 dB;           LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB.
High-frequency cetaceans...............  Lpk,flat: 202 dB;           LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB.
Phocid Pinnipeds (underwater)..........  Lpk,flat: 218 dB;           LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB.
Otariid Pinnipeds (underwater).........  Lpk,flat: 232 dB;           LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
\1\ NMFS 2016.

    Although ADOT&PF's construction activity includes the use of 
impulsive (impact pile driving) and non-impulsive (vibratory pile 
driving and drilling) sources, the shutdown zones set by the applicant 
are large enough to ensure Level A harassment will be prevented. The 
Level A harassment zones for the project are illustrated in Table 4. 
The highest Level A harassment zones shown (176 meters for high-
frequency cetaceans and 148 meters for low-frequency cetaceans) are 
less than the total distance of the largest shutdown zone (200 meters 
for high- and low-frequency cetaceans). To assure the largest shutdown 
zone can be fully monitored, protected species observers (PSOs) shall 
be positioned in the possible best vantage points during all piling/
drilling activities to guarantee a shutdown if a high- and/or low-
frequency cetacean approaches or enters the 200-meter shutdown zone. 
These measures are described in full detail below in the Mitigation and 
Monitoring Sections.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that feeds into identifying the area ensonified above the 
acoustic thresholds.
    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 vibratory pile removal. Vibratory hammers produce constant 
sound when operating, and produce vibrations that liquefy the sediment 
surrounding the pile, allowing it to penetrate to the required seating 
depth. An impact hammer shall then generally be used to place the pile 
at its intended depth. The actual durations of each installation method 
vary depending on the type and size of the pile. An impact hammer is a 
steel device that works like a piston, producing a series of 
independent strikes to drive the pile. Impact hammering typically 
generates the loudest noise associated with pile installation. Factors 
that potentially minimize the potential impacts of pile installation 
associated with the project include:
    <bullet> The relatively shallow waters in the project area (Taylor 
et al., 2008);
    <bullet> Land forms around Tenakee Springs that shall block the 
noise from spreading; and

[[Page 29753]]

    <bullet> Vessel traffic and other commercial and industrial 
activities in the project area that contribute to elevated background 
noise levels.
    In order to calculate distances to the Level A and Level B sound 
thresholds for piles of various sizes being used in this project, NMFS 
used acoustic monitoring data from other locations (see Table 3). Note 
that piles of differing sizes have different sound source levels.
    Empirical data from recent ADOT&PF sound source verification (SSV) 
studies at Ketchikan, Kodiak, and Auke Bay, Alaska were used to 
estimate sound source levels (SSLs) for vibratory, impact, and drilling 
installations of 30-inch steel pipe piles (MacGillivray et al., 2016, 
Warner and Austin 2016b, Denes et al., 2016a, respectively). These 
Alaskan construction sites were generally assumed to best represent the 
environmental conditions found in Tenakee and represent the nearest 
available source level data for 30-inch steel piles. Similarities among 
the sites include thin layers of soft sediments overlying a bedrock 
layer and comparable bedrock depths. However, the use of data from 
Alaska sites was not appropriate in all instances. Details are 
described below.
    For vibratory driving of 24-inch steel piles, data from two Navy 
project locations in the state of Washington were reviewed. These 
include data from proxy sound source values at Navy installations in 
Puget Sound (Navy, 2015) and along the waterfront at Naval Base Kitsap 
(NBK), Bangor (Navy 2012). After assessing these two sources, ADOT&PF 
selected an average source level of 161 dB rms, which NMFS concurs with 
as an appropriate sound source. In addition, for a fourth project at 
NBK, Bangor, construction crews drove 16-inch hollow steel piles with 
measured levels similar to those for the 24-inch piles. Therefore, NMFS 
elects to use 161 dB rms as a source level for vibratory driving of 18-
inch and 16-inch steel piles.
    For vibratory driving of 14-inch steel and timber piles and 12.75-
inch steel piles, ADOT&PF suggested a source level of 155 dB rms, which 
NMFS also concurs with. This source level was derived from summary data 
pertaining to vibratory driving of 18-inch steel piles in Kake, Alaska 
(MacGillivray 2015).
    In their application, ADOT&PF derived source levels for impact 
driving of 30-inch steel piles by averaging the individual mean values 
associated with impact driving of the same size and type from Ketchikan 
(Warner and Austin 2016a). Mean values from Ketchikan were the most 
conservative dataset for 30-inch impact pile driving in Southeast 
Alaska. The average mean value from this dataset was 194.7 dB rms and 
180.8 dB sound exposure level (SEL).
    For 24-inch impact pile driving, NMFS used data from a Navy (2015) 
study of proxy sound source values for use at Puget Sound military 
installations. The Navy study recommended a value of 193 dB rms and 181 
dB SEL, which was derived from data generated by impact driving of 24-
inch steel piles at the Bainbridge Island Ferry Terminal Preservation 
project and the Friday Harbor Restoration Ferry Terminal project. NMFS 
found this estimated source level to be appropriate.
    For impact driving of 20-, 18-, and 14-inch steel piles, ADOT&PF 
used source levels of 186.6 dB, 158 dB, and 158 dB respectively. These 
source levels were derived from Caltrans SSV studies at the Stockton 
Wastewater Treatment Plant (20-inch) and Caltrans SSV studies at 
Prichard Lake Pumping Plant in Sacramento, CA (18- and 14-inch) 
(Caltrans 2015). In regards to the drilling activities, a source level 
of 165 dB for all pile types originated from ADOT&PF SSV studies for 
piling operations in Kodiak, Alaska (Warner and Austin 2016b).

   Table 3--Estimates of Mean Underwater Sound Levels Generated During Vibratory and Impact Pile Installation,
                                      Drilling, and Vibratory Pile Removal
----------------------------------------------------------------------------------------------------------------
     Method and pile type        Installation,              Sound level at 10 meters
------------------------------    removal, or   ------------------------------------------------    Literature
       Vibratory hammer            proofing                          dB rms                           source
----------------------------------------------------------------------------------------------------------------
30-inch steel piles..........  Install.........                                          165.0   Derived from
                                                                                                  Warner and
                                                                                                  Austin 2016a &
                                                                                                  Denes et al.
                                                                                                  2016.
24-inch steel piles..........  Install.........                                          161.0   Navy 2012,
                                                                                                  2015.
20-inch steel piles..........  Install.........                                          161.0   Navy 2012,
                                                                                                  2015.
18-inch steel piles..........  Remove, Install.                                          161.0   Navy 2012,
                                                                                                  2015.
16-inch steel piles..........  Remove..........                                          161.0   Navy 2012,
                                                                                                  2015.
14-inch steel piles..........  Remove..........                                          155.0   MacGillivray et
                                                                                                  al. 2015.
14-inch timber piles.........  Remove, Install.                                          155.0   MacGillivray et
                                                                                                  al. 2015.
12.75-inch steel piles.......  Remove..........                                          155.0   MacGillivray et
                                                                                                  al. 2015.
----------------------------------------------------------------------------------------------------------------


 
           Drilling                                                  dB rms
----------------------------------------------------------------------------------------------------------------
30-inch steel piles..........  Install.........                                          165.0   Derived from
                                                                                                  Warner and
                                                                                                  Austin 2016b.
24-inch steel piles..........  Install.........                                          165.0   Derived from
                                                                                                  Warner and
                                                                                                  Austin 2016b.
20-inch steel piles..........  Install.........                                          165.0   Derived from
                                                                                                  Warner and
                                                                                                  Austin 2016b.
18-inch steel piles..........  Install.........                                          165.0   Derived from
                                                                                                  Warner and
                                                                                                  Austin 2016b.
----------------------------------------------------------------------------------------------------------------


 
        Impact hammer                                dB rms          dB SEL          dB peak
----------------------------------------------------------------------------------------------------------------
30-inch steel piles..........  Proofing........           194.7           180.8           208.6  Warner and
                                                                                                  Austin 2016a.
24-inch steel piles..........  Proofing........           193.0           181.0           210.0  Navy 2015 (from
                                                                                                  82 FR 31400).
20-inch steel piles..........  Proofing........           186.5           175.5           207.0  Caltrans 2015.
18-inch steel piles..........  Proofing........           158.0  ..............           174.0  Caltrans 2015.
14-inch timber piles.........  Install.........           158.0  ..............           174.0  Caltrans 2015.
----------------------------------------------------------------------------------------------------------------


[[Page 29754]]

    The formula below is used to calculate underwater sound 
propagation. 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 * log 10 (R \1\/R \2\)
---------------------------------------------------------------------------

    \1\ The distance of the modeled SPL from the driven pile.
    \2\ The distance from the driven pile of the initial 
measurement.

---------------------------------------------------------------------------
Where:

TL = transmission loss in dB
B = transmission loss coefficient; for practical spreading equals 15

    NMFS typically recommends a default practical spreading loss of 15 
dB per tenfold increase in distance. ADOT&PF analyzed the available 
underwater acoustic data utilizing this metric.
    When NMFS' Technical Guidance (2016) was published, in recognition 
of the fact that ensonified area/volume could be more technically 
challenging to predict because of the duration component in the new 
thresholds, NMFS developed a User Spreadsheet that includes tools to 
help predict a simple isopleth that can be used in conjunction with 
marine mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which shall result in some degree 
of overestimate of Level A take. However, these tools offer the best 
way to predict appropriate isopleths when more sophisticated 3D 
modeling methods are not available, and NMFS continues to develop ways 
to quantitatively refine these tools, and shall qualitatively address 
the output where appropriate. For stationary sources such as pile 
driving and drilling, NMFS' User Spreadsheet predicts the closest 
distance at which, if a marine mammal remained at that distance the 
whole duration of the activity, it shall not incur PTS. Inputs used in 
the User Spreadsheet and the resulting isopleths are reported in Tables 
3 and 4.

                     Table 4--Calculated Distances to Level A and Level B Harassment Isopleths During Pile Installation and Removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Level A harassment zone  (meters) \1\                 Level B
                                                                           -----------------------------------------------------------------  harassment
                                                                  Piles                   Cetaceans                        Pinnipeds             zone
                                                                installed  -----------------------------------------------------------------  (meters),
            Type of pile                      Activity          or removed                                                                    cetaceans
                                                                 per day                                                                         and
                                                                                 LF           MF           HF           PW           OW       pinnipeds
                                                                                                                                                 \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Vibratory (120 dB)
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-inch steel.......................  Install \4\............            3           11            1           16            7            1       10,000
24-inch steel, 20-inch steel, 18-     Install \4\............            3            6            1            9            4            1        5,412
 inch steel.
18-inch steel, 16-inch steel........  Remove \4\.............           10           13            2           19            8            1        5,412
14-inch steel, 14-inch timber, 12.75- Remove \5\.............           10            5            1            8            3            1        2,154
 inch steel.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Drilling (120 dB)
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-inch steel, 20-inch steel........  Install \6\............            3           55            5           81           34            3       10,000
24-inch steel, 18-inch steel........  Install \7\............            3           42            4           62           26            2       10,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Impact (160 dB) 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
30-inch steel.......................  Proofing...............            1           70            3           82           37            3        2,057
                                                                         2          110            4          131           59            5
                                                                         3          144            6          171           77            6
24-inch steel.......................  Proofing...............            1           71            3           85           38            3        1,585
                                                                         2          113            4          135           61            5
                                                                         3          148            6          176           79            6
20-inch steel.......................  Proofing...............            3           64            3           76           34            3          584
18-inch steel.......................  Proofing...............            3           <1           <1           <1           <1           <1            7
14-inch timber......................  Install................           10            1           <1            2           <1           <1            7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Level A Isopleths Calculated Using NMFS' 2016 Acoustic User Spreadsheet. Source level set at a distance of 10 Meters, a weighting factor adjustment
  of 2 kHz for impulse sources and 2.5 kHz for continuous sources, and a propagation loss value of 15 LogR.
\2\ Level B Isopleths Calculated using Practical Spreading Loss Model. Source level set at a distance of 10 meters and and a propagation loss value of
  15 LogR.
\3\ 30 Strikes per pile.
\4\ 45 minute activity duration.
\5\ 2.5 hour activity duration.
\6\ 9 hour activity duration.
\7\ 6 hour activity duration.


[[Page 29755]]

    Pulse duration from the SSV studies described above are unknown. 
However, all necessary parameters were available for the 
SEL<INF>cum</INF> (cumulative Single Strike Equivalent) method for 
calculating isopleths for 30-inch, 24-inch, and 20-inch impact piles. 
Therefore, this method was selected for those piles. To account for 
potential variations in daily productivity during impact installation, 
isopleths were calculated for different numbers of piles that shall be 
installed each day (see Table 4). Should the contractor expect to 
install fewer piles in a day than the maximum anticipated, a smaller 
Level A shutdown zone shall be employed to monitor take.
    To derive Level A harassment isopleths associated with impact 
driving 30-inch steel piles, ADOT&PF utilized a single strike SEL of 
180.8 dB and assumed 30 strikes per pile for 1 to 3 piles per day. For 
24-inch and 20-inch steel piles, ADOT&PF used a single strike SEL of 
181 dB SEL and 175.5 SEL respectively, also assuming 30 strikes at a 
rate of 1 to 3 piles per day. To calculate Level A harassment isopleths 
associated with impact piling 18-inch and 14-inch steel/timber piles, a 
source level (rms sound pressure level (SPL)) of 158 dB was used with a 
pulse duration of .05 seconds.
    To calculate Level A harassment for vibratory driving of 30-inch 
piles, ADOT&PF utilized a source level (rms SPL) of 165 dB and assumed 
45 minutes of driving per day. For installing 24, 20, and 18-inch 
piles, ADOT&PF used a source level of 161 dB and assumed up to 45 
minutes of driving per day. For removal of 18 and 16-inch piles, 
ADOT&PF assumed use of 18-inch piles and used the same source level of 
161 dB for up to 45 minutes. Level A harassment for the installation/
removal of piles 14-inches and under in diameter used a source level of 
155 dB rms and assumed 2.5 hours of driving/removal a day. In regards 
to Level A for drilling, a source level of 165 dB rms was used for all 
pile types with varying levels of activity for each pile type (see 
Tables 1 & 2 of the FR Notice (83 FR 12152; March 20, 2018) for 
information on drilling duration and max number of piles drilled each 
day). Results for all Level A isopleths are shown in Table 4. Isopleths 
for Level B harassment associated with impact (160 dB) and vibratory 
harassment (120 dB) were also calculated and are included in Table 4.
    It is important to note that the actual area ensonified by pile 
driving activities is constrained by local topography relative to the 
total threshold radius (particularly for the Level B ensonified zones). 
The actual ensonified area was determined using a straight line-of-
sight projection from the anticipated pile driving locations. Overall, 
Level A harassment zones for impact installation are relatively small 
because of the few strikes required to proof the piles. The maximum 
aquatic areas ensonified within the Level A harassment isopleths do not 
exceed 0.1 square kilometer (km\2\) (see Figures 6-1 and Figure 6-2 in 
application). The corresponding areas of the Level B ensonified zones 
for impact driving and vibratory installation/removal are shown in 
Table 5 below.

Table 5--Calculated Areas Ensonified Within Level B Harassment Isopleths
                  During Pile Installation and Removal
------------------------------------------------------------------------
                                                             Level B
                                                         harassment zone
           Type of pile                  Activity           (km\2\),
                                                          cetaceans and
                                                            pinnipeds
------------------------------------------------------------------------
                           Vibratory (120 dB)
------------------------------------------------------------------------
30-inch steel....................  Install............              78.9
24-, 20-, 18-, and 16-inch steel.  Install............              45.3
14-, 12.75-inch steel, and 14-     Remove.............               7.3
 inch timber.
------------------------------------------------------------------------
                            Drilling (120 dB)
------------------------------------------------------------------------
30-, 24-, 20-, and 18-inch steel.  Install............              78.9
------------------------------------------------------------------------
                             Impact (160 dB)
------------------------------------------------------------------------
30-inch steel....................  Proofing...........               6.7
24-inch steel....................  Proofing...........               4.0
20-inch steel....................  Proofing...........               0.6
18-inch steel....................  Proofing...........              <0.1
14-inch timber...................  Install............              <0.1
------------------------------------------------------------------------

Marine Mammal Occurrence and Final Take Estimates

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that shall inform the take 
calculations. Potential exposures to impact and vibratory pile driving 
noise for each threshold were estimated using local marine mammal 
density datasets where available and local observational data. As 
previously stated, only Level B take shall be considered for this 
action as Level A take shall be avoided via mitigation (i.e., 
shutdown). Each shutdown zone fully covers the extent of each 
corresponding Level A zone for all piling and drilling activities (See 
Tables 4 and 6). Level B take is calculated differently for some 
species based on differences in density, year-round habitat use, and 
other contextual factors. See below for specific methodologies by 
species.
Steller Sea Lions
    Steller sea lion abundance in the project area is highly seasonal 
in nature with sea lions being most active between October and March 
(Figure 4-2). Level B exposure estimates are conservatively based on 
the average winter (October to March) abundance of 140 sea lions at the 
Tenakee Cannery haulout, which is 8.9 km away from the project site 
(Jemison, 2017, unpublished data). However, it is unlikely that the 
entire Steller sea lion population from the Tenakee Cannery haulout 
shall forage to the west near the Tenakee Springs ferry terminal. 
Additionally, Steller sea lions do not generally forage every day, but 
tend to forage every 1-2 days and return to haulouts to rest between 
foraging trips (Merrick and

[[Page 29756]]

Loughlin 1997; Rehburg et al., 2009). Overall, this information 
indicates that only half of the Steller sea lions at the Tenakee 
Cannery haulout (i.e., average of 140 during winter) is likely to 
approach the project site on any given day and be exposed to sound 
levels that constitute behavioral harassment. As a result, an estimated 
70 individuals is a conservative estimate of the number of Steller sea 
lions likely to forage in the underwater behavioral harassment zone on 
a given day. Therefore: 70 Steller sea lions per day * 93 days of 
potential exposure = 6,510 potential exposures. Each of these exposures 
will result in Level B take only, as Level A take is neither requested 
nor authorized due to shutdown measures.
    To assign take to the eastern distinct population segment (eDPS) 
and western DPS (wDPS) stocks of Steller sea lions, data from 
researchers at NMFS' Alaska Fisheries Science Center were used. 
Researchers at NMFS' Alaska Fisheries Science Center state that roughly 
17.8 percent of Steller sea lions at the Tenakee Cannery Point haulout 
are members of the wDPS whereas 82.2 percent are from the eDPS (L. 
Fritz, pers. comm; L. Fritz, unpublished data). Therefore, it is 
estimated that only 1,159 takes (17.8 percent of 6,510) have the 
potential to occur for wDPS Steller sea lions and 5,351 (82.2 percent 
of 6,510) takes have the potential to occur for eDPS Steller sea lions. 
In addition, since there is only an average of 140 Steller sea lions 
located at the Tenakee Cannery haulout, it is predicted that only 115 
(82.2 percent of 140) individuals from the eDPS and 25 (17.8 percent of 
140) individuals from the wDPS have the potential to be harassed.
Harbor Seals
    Harbor seals are non-migratory; therefore, the exposure estimates 
are not dependent on season. We anticipate Level B harbor seal take to 
be relatively high, given the presence of three established haulouts 
within the largest (10 km) Level B harassment zone of the project site. 
The best available abundance estimate for Tenakee Inlet is 259 
individual harbor seals (London, J., pers. comm.).
    The number of harbor seals that could potentially be exposed to 
elevated sound levels for the project was estimated by calculating 
density * area * number of days of activity. The total density of 
harbor seals in Tenakee inlet is approximately 1.11 animals per km\2\ 
(259 harbor seals/233.35 km\2\ of available habitat in Tenakee Inlet). 
However, the action area is equivalent to 78.9 km\2\. Therefore: 1.11 
harbor seals per km\2\ * 78.9 km\2\ * 93 days of potential exposure = 
8,144 potential exposures. Each of these exposures will result in Level 
B take only, as Level A take is neither requested nor authorized due to 
shutdown measures.
Harbor Porpoises
    Harbor porpoises are non-migratory; therefore, our exposure 
estimates are not dependent on season. Harbor porpoise surveys 
conducted in southeast Alaska during the summers of 1991-1993, 2006, 
2007, and 2010-2012 included Chatham Strait (near the action area). The 
average density estimate for all survey years in Chatham Strait was 
0.013 harbor porpoise per square km (Dahlheim et al., 2015). Surveys in 
1997, 1998, and 1999 reported an average harbor porpoise density of 
.033 per square km in Southeast Alaska (Hobbs and Waite 2010). Based 
density estimates from Hobbs and Waite (2010), a more conservative 
density estimate, we estimate that approximately 2.6 (.033 * 78.9) 
harbor porpoises could occur daily within the 78.9 square km Level B 
harassment zone. Therefore: 2.6 harbor porpoises per day * 93 days of 
potential exposure = 242 potential exposures. Each of these exposures 
will result in Level B take only, as Level A take is neither requested 
nor authorized due to shutdown measures.
Dall's Porpoises
    Dall's porpoise are non-migratory; therefore, our exposure 
estimates are not dependent on season. Based on anecdotal evidence 
citing rare occurrences of the species in the action area, we 
anticipate approximately one observation of a Dall's porpoise pod in 
the Level B harassment zone each week during construction (Lewis, S., 
pers. comm.). Based on an average pod size of 3.7 (Wade et al., 2003), 
we estimate 49 Dall's porpoise could be exposed to Level B harassment 
noise during the 93 day construction period (i.e., 3.7 individuals per 
week * 13.2 weeks of potential exposure = 48.84 (rounded up to 49) 
total potential exposures). Each of these exposures will result in 
Level B take only, as Level A take is neither requested nor authorized 
due to shutdown measures.
Killer Whales
    Local marine mammal experts indicate that approximately one killer 
whale pod is observed in Tenakee Inlet each month, year-round (Lewis, 
S., pers. comm.). It is assumed that all three killer whale stocks are 
equally likely to occur in the area because no data exist on relative 
abundance of the three stocks in Tenakee Inlet. The exposure estimate 
is conservatively based on a resident pod size, which has been 
quantified and is known to be a larger than other stocks. Resident 
killer whales occur in a mean group size of 19.3 during the fall in 
southeast Alaska (Dahlheim et al., 2009). Therefore, we assume that a 
total of approximately 60 killer whales could be exposed to Level B 
harassment over the course of the project (i.e., (19.3 individuals per 
pod * 1 pods per month) * 3.1 months = 59.83 (rounded up to 60)). Since 
there are no data that exist for killer whale stocks in Tenakee Inlet, 
60 Level B takes were applied to each stock. Each of these exposures 
will result in Level B take only, as Level A take is neither requested 
nor authorized due to shutdown measures.
Humpback Whales
    Humpback whales are present in Tenakee Inlet year-round. Local 
experts indicate that as many as 12 humpback whales are present on some 
days from spring through fall, with lower numbers during the winter (S. 
Lewis and M. Dahlheim, pers. comm.). We conservatively estimate that 
half of those, or six individuals on average, could be exposed to Level 
B harassment during each day of pile installation and removal, 
therefore: 6 humpback whales per day * 93 days of exposure = 558 
potential exposures. Each of these exposures will result in Level B 
take only, as Level A take is neither requested nor authorized due to 
shutdown measures.
Minke Whales
    Minke whales may be present in Tenakee Inlet year-round. Their 
abundance throughout southeast Alaska is very low, and anecdotal 
reports have not included minke whales near the project area. However, 
minke whales are distributed throughout a wide variety of habitats and 
could occur near the project area. Therefore, we conservatively 
estimate that one minke whale could be exposed to Level B harassment 
each month during construction or a total of three minke whales during 
the 93-day construction period. Each of these exposures will result in 
Level B take only, as Level A take is neither requested nor authorized 
due to shutdown measures.

Mitigation Measures

    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 such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating

[[Page 29757]]

grounds, and areas of similar significance, and on the availability of 
such species or stock for taking for certain subsistence uses (latter 
not applicable for this action). NMFS regulations require applicants 
for incidental take authorizations to include information about the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting such activity or other means of 
effecting the least practicable adverse impact upon the affected 
species or stocks and their habitat (50 CFR 216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure shall 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.
    In addition to the measures described later in this section, 
ADOT&PF shall employ the following standard mitigation measures:
    <bullet> Conduct briefings between construction supervisors and 
crews and the marine mammal monitoring team prior to the start of all 
pile driving activity, and when new personnel join the work, to explain 
responsibilities, communication procedures, marine mammal monitoring 
protocol, and operational procedures;
    <bullet> For in-water heavy machinery work other than pile driving 
(e.g., standard barges, tug boats), if a marine mammal comes within 10 
m, operations shall cease and vessels shall reduce speed to the minimum 
level required to maintain steerage and safe working conditions. This 
type of work could include the following activities: (1) Movement of 
the barge to the pile location; or (2) positioning of the pile on the 
substrate via a crane (i.e., stabbing the pile);
    <bullet> Work may only occur during daylight hours, when visual 
monitoring of marine mammals can be conducted;
    <bullet> For those marine mammals for which Level B take has not 
been requested, in-water pile installation/removal and drilling shall 
shut down immediately when the animals are sighted;
    <bullet> If Level B take reaches the authorized limit for an 
authorized species, pile installation shall be stopped as these species 
approach the Level B zone to avoid additional take of them.
    The following measures shall apply to ADOT&PFs mitigation 
requirements:
    Establishment of Shutdown Zone for Level A--For all pile driving/
removal and drilling activities, ADOT&PF shall establish a shutdown 
zone. The purpose of a shutdown zone is generally to define an area 
within which shutdown of activity shall occur upon sighting of a marine 
mammal (or in anticipation of an animal entering the defined area). For 
all in-water heavy machinery activities, a 10 meter shutdown zone will 
be required. In addition, during impact installation of 24-inch and 30-
inch steel piles at a frequency of 2 or 3 piles per day, PSOs shall 
implement a 200-meter shutdown zone for Dall's porpoises, minke whales, 
and humpback whales (low- and high-frequency cetaceans). The placement 
of PSOs during all pile driving and drilling activities (described in 
detail in the Monitoring and Reporting Section) shall ensure that each 
shutdown zone is visible during pile driving and drilling activities. 
All shutdown zones, with their corresponding sound source type are 
presented in Table 6 below.

      Table 6 Shutdown Zones for Various Pile Driving/Drilling Activities for Marine Mammal Hearing Groups
----------------------------------------------------------------------------------------------------------------
                                                           Shutdown zone radii  (meters)
                                 -------------------------------------------------------------------------------
        Sound source type                                              High-
                                   Low-frequency   Mid-frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
1--Vibratory pile driving/                   100             100             100              50              50
 removal, drilling, and impact
 pile driving (all impact
 pilling activities not
 expressed in the column
 directly below)................
Impact Installation of 24-inch               200             100             200             100             100
 and 30-inch steel piles at a
 frequency of two or three piles
 per day........................
3--In Water Heavy Machinery                   10              10              10              10              10
 Activities (Non pile driving
 and drilling activities).......
----------------------------------------------------------------------------------------------------------------

    Establishment of Monitoring Zones for Level B--ADOT&PF shall 
establish Level B disturbance zones or zones of influence (ZOI) which 
are areas where SPLs are equal to or exceed the 160 dB rms threshold 
for impact driving and the 120 dB rms threshold during vibratory 
driving and drilling. 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. The Level B zones are depicted in Table 
4. As shown, the largest Level B zone is equal to 78.9 km\2\, making it 
impossible for the PSOs to view the entire harassment area. Due to 
this, Level B exposures shall be recorded and extrapolated based upon 
the number of observed take and the percentage of the Level B zone that 
was not visible.
    Soft Start--The use of a soft-start procedure 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 
shall be required to provide an initial set of strikes from the hammer 
at 40 percent energy, each strike followed by no less than a 30-second 
waiting period. This procedure shall be conducted a total of three 
times before impact pile driving

[[Page 29758]]

begins. 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 of 30 
minutes or longer occurs, the observer shall observe the shutdown and 
monitoring zones for a period of 30 minutes. The shutdown zone shall be 
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 30 minutes (for cetaceans) and 15 
minutes (for pinnipeds). If the Level B harassment zone has been 
observed for 30 minutes and non-permitted species are not present 
within the zone, soft start procedures can commence and work can 
continue even if visibility becomes impaired within the Level B zone. 
When a marine mammal permitted for Level B take is present in the Level 
B harassment zone, piling activities may begin and Level B take shall 
be recorded. As stated above, if the entire Level B zone is not visible 
at the start of construction, piling or drilling activities can begin. 
If work ceases for more than 30 minutes, the pre-activity monitoring of 
both the Level B and shutdown zone shall commence.

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 shall result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
action area. Effective reporting is critical both for 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:
    <bullet> Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
    <bullet> Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
    <bullet> Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
    <bullet> How anticipated responses to stressors impact either: (1) 
long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
    <bullet> Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
    <bullet> Mitigation and monitoring effectiveness.

Visual Monitoring

    Monitoring shall be conducted 30 minutes before, during, and 30 
minutes after pile driving and removal activities. In addition, 
observers shall record all incidents of marine mammal occurrence, 
regardless of distance from activity, and shall document any behavioral 
reactions in concert with distance from piles being driven or removed. 
Pile driving activities include the time to install or remove a single 
pile or series of piles, as long as the time elapsed between uses of 
the pile driving equipment is no more than thirty minutes.
    PSOs shall be land-based observers. A primary PSO shall be placed 
at the terminal where pile driving shall occur. A second observer shall 
range the uplands on foot or by ATV via Tenakee Ave., and go from Grave 
Point east of the harbor up and west of the project site to get a full 
view of the Level A zone and as much of the Level B zone as possible. 
PSOs shall scan the waters using binoculars, and/or spotting scopes, 
and shall use a handheld GPS or range-finder device to verify the 
distance to each sighting from the project site. All PSOs shall be 
trained in marine mammal identification and behaviors and are required 
to have no other project-related tasks while conducting monitoring. In 
addition, monitoring shall be conducted by qualified observers, who 
shall 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. Qualified observers 
are trained and/or experienced professionals, with the following 
minimum qualifications:
    <bullet> Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance; use of binoculars 
may be necessary to correctly identify the target.
    <bullet> Independent observers (i.e., not construction personnel).
    <bullet> Observers must have their CVs/resumes submitted to and 
approved by NMFS
    <bullet> Advanced education in biological science or related field 
(i.e., undergraduate degree or
    higher).Observers may substitute education or training for 
experience.
    <bullet> Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience).
    <bullet> At least one observer must have prior experience working 
as an observer.
    <bullet> Experience or training in the field identification of 
marine mammals, including the identification of behaviors.
    <bullet> Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations.
    <bullet> 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.
    <bullet> 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.
    A draft marine mammal monitoring report shall be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities. It shall include an overall description of work completed, 
a narrative regarding marine mammal sightings, and associated PSO data 
sheets. Specifically, the report must include:
    <bullet> Date and time that monitored activity begins or ends;
    <bullet> Construction activities occurring during each observation 
period;
    <bullet> Weather parameters (e.g., percent cover, visibility);
    <bullet> Water conditions (e.g., sea state, tide state);

[[Page 29759]]

    <bullet> Species, numbers, and, if possible, sex and age class of 
marine mammals;
    <bullet> Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
    <bullet> Distance from pile driving activities to marine mammals 
and distance from the marine mammals to the observation point;
    <bullet> Locations of all marine mammal observations; and
    <bullet> Other human activity in the area.
    If no comments are received from NMFS within 30 days, the draft 
final report shall constitute the final report. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA, 
such as an injury, serious injury or mortality, ADOT&PF shall 
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 shall include the following information:
    <bullet> Description of the incident;
    <bullet> Environmental conditions (e.g., Beaufort sea state, 
visibility);
    <bullet> Description of all marine mammal observations in the 24 
hours preceding the incident;
    <bullet> Species identification or description of the animal(s) 
involved;
    <bullet> Fate of the animal(s); and
    <bullet> Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with ADOT&PF to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. ADOT&PF shall not be able 
to resume their activities until notified by NMFS via letter, email, or 
telephone.
    In the event that ADOT&PF 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), 
ADOT&PF shall immediately report the incident to the Chief of the 
Permits and Conservation Division, Office of Protected Resources, NMFS, 
and the NMFS Alaska Stranding Hotline and/or by email to the Alaska 
Regional Stranding Coordinator. The report shall include the same 
information identified in the paragraph above. Activities shall be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
shall work with ADOT&PF to determine whether modifications in the 
activities are appropriate.
    In the event that ADOT&PF discovers an injured or dead marine 
mammal and the lead PSO determines that the injury or death is not 
associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), ADOT&PF shall report the incident 
to the Chief of the Permits and Conservation Division, Office of 
Protected Resources, NMFS, and the NMFS Alaska Stranding Hotline and/or 
by email to the Alaska Regional Stranding Coordinator, within 24 hours 
of the discovery. ADOT&PF shall provide photographs, video footage (if 
available), or other documentation of the stranded animal sighting to 
NMFS and the Marine Mammal Stranding Network.

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., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    As stated in the mitigation section, shutdown zones equal to or 
exceeding Level A isopleths shown in Table 4 shall be implemented, and 
in this case, Level A take is not anticipated nor authorized. 
Behavioral responses of marine mammals to pile driving and removal at 
the ferry terminal, if any, are expected to be mild and temporary. 
Marine mammals within the Level B harassment zone may not show any 
visual cues they are disturbed by activities (as noted during 
modification to the Kodiak Ferry Dock) or could become alert, avoid the 
area, leave the area, or display other mild responses that are not 
observable such as changes in vocalization patterns. Given the short 
duration of noise-generating activities per day and that pile driving, 
removal, and drilling shall occur for 93 days, any harassment shall be 
temporary. In addition, the project was designed with relatively small-
diameter piles, which shall avoid the elevated noise impacts associated 
with larger piles. In addition, there are no known biologically 
important areas near the project zone that shall be moderately or 
significantly impacted by the construction activities. The region of 
Tenakee Inlet where the project shall take place is located in a 
developed area with regular marine vessel traffic. Although there is a 
harbor seal haulout approximately one km south of the project site, it 
shall not be located within the project's Level B zone.
    In summary and as described above, the following factors primarily 
support our determination that the impacts resulting from this activity 
are not expected to adversely affect the species or stock through 
effects on annual rates of recruitment or survival:
    <bullet> No mortality is anticipated or authorized.
    <bullet> There are no known biologically important areas within the 
project area.
    <bullet> ADOT&PF shall implement mitigation measures such as 
vibratory driving piles to the maximum extent practicable, soft-starts, 
and shut downs.
    <bullet> Monitoring reports from similar work in Alaska have 
documented little to no effect on individuals of the same species 
impacted by the specified activities.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the 
activity shall

[[Page 29760]]

have a negligible impact on all affected marine mammal species or 
stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, where estimated numbers are 
available, NMFS compares the number of individuals taken to the most 
appropriate estimation of abundance of the relevant species or stock in 
our determination of whether an authorization is limited to small 
numbers of marine mammals. Additionally, other qualitative factors may 
be considered in the analysis, such as the temporal or spatial scale of 
the activities.
    Overall, ADOT&PF proposes 15,566 total Level B takes of these 
marine mammals. Table 7 below shows take as a percent of population for 
each of the species listed above.

   Table 7--Summary of the Estimated Numbers of Marine Mammals Potentially Exposed to Level B Harassment Sound
                                                     Levels
----------------------------------------------------------------------------------------------------------------
                                                     Number of       Number of
                                                   exposures to     individuals
                                                      Level B       potentially        Stock        Percent of
            Species                 DPS/Stock       harassment      exposed to       abundance     population 1
                                                   total and by       Level B
                                                       stock        harassment
----------------------------------------------------------------------------------------------------------------
Steller sea lion..............  Eastern DPS.....           5,351             115          41,638            <0.3
                                Western DPS.....           1,159              25          53,303            <0.1
Harbor seal...................  Glacier Bay/Icy            8,144             259           7,210             3.6
                                 Strait.
Harbor porpoise...............  Southeast Alaska             242             242             975            24.8
Dall's porpoise...............  Alaska..........              49              49          83,400            <0.1
Killer whale..................  West Coast                    60              60             243            24.7
                                 transient.
                                Alaska resident.              60              60           2,347             2.6
                                Northern                      60              60             290            20.7
                                 Resident.
Humpback whale................  Mexico DPS/                  558             558          10,103             5.5
                                 Central North
                                 Pacific.
Minke whale...................  Alaska..........               3               3             N/A             N/A
                                                 ---------------------------------------------------------------
    Total.....................  ................          15,686           1,434             N/A             N/A
----------------------------------------------------------------------------------------------------------------
\1\ The percent of population is based on the proportion of take that is expected to occur from each stock based
  on abundance (see Table 1). Killer whale stocks are assumed to be equally likely to occur.
N/A: Not Applicable or no stock population assessment is available.

    Table 7 presents the number of animals that could be exposed to 
received noise levels causing Level B harassment for the work at the 
Tenakee Springs Ferry Terminal. Our analysis shows that less than 25 
percent of each affected stock could be taken by harassment. Therefore, 
the numbers of animals authorized to be taken for all species shall be 
considered small relative to the relevant stocks or populations even if 
each estimated taking occurred to a new individual--an extremely 
unlikely scenario. For harbor porpoise, the abundance estimates used in 
the percentage of population were taken from inland Southeast Alaska 
waters. These abundance estimates have not been corrected for g(0) and 
are likely conservative, therefore it is expected for the percentage of 
population that shall be taken to be overestimated. In addition, high 
percentage totals for northern resident (20.7 percent) and western 
transient (24.7 percent) killer whales were based on the possibility 
that all 60 takes for killer whales shall occur for each stock, which 
is a highly unlikely scenario.
    Based on the analysis contained herein of the activity (including 
the mitigation and monitoring measures) and the anticipated take of 
marine mammals, NMFS finds that small numbers of marine mammals shall 
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 shall 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes. The project is 
not known to occur in an important subsistence hunting area. It is a 
developed area with regular marine vessel traffic. However, ADOT&PF 
plans to provide advanced public notice of construction activities to 
reduce construction impacts on local residents, ferry travelers, 
adjacent businesses, and other users of the Tenakee Springs ferry 
terminal and nearby areas. This shall include notification to local 
Alaska Native tribes that may have members who hunt marine mammals for 
subsistence. Of the marine mammals considered in this IHA application, 
only harbor seals are known to be used for subsistence in the project 
area. If any tribes express concerns regarding project impacts to 
subsistence hunting of marine mammals, further communication between 
shall take place, including provision of any project information, and 
clarification of any mitigation and minimization measures that may 
reduce potential impacts to marine mammals.
    Based on the description of the specified activity, the measures 
described to minimize adverse effects on the availability of marine 
mammals for subsistence purposes, and the mitigation and monitoring 
measures, NMFS has determined that there shall not be an unmitigable 
adverse impact on subsistence uses from ADOT&PF's activities.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally, in this case with NMFS' Alaska Regional 
Office, whenever we propose to

[[Page 29761]]

authorize take for endangered or threatened species.
    NMFS Alaska Region issued a Biological Opinion to NMFS Office of 
Protected Resources which concluded the city dock and improvement 
project is not likely to jeopardize the continued existence of WDPS 
Steller sea lions or Mexico DPS humpback whales or adversely modify 
critical habitat because none exists within the action area.

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 incidental 
harassment authorization) with respect to potential impacts on the 
human environment. This action is consistent with categories of 
activities identified in Categorical Exclusion B4 (incidental 
harassment authorizations with no anticipated serious injury or 
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for 
significant impacts on the quality of the human environment and for 
which we have not identified any extraordinary circumstances that would 
preclude this categorical exclusion. Accordingly, NMFS has determined 
that the issuance of the IHA qualifies to be categorically excluded 
from further NEPA review.

Authorization

    As a result of these determinations, we have issued an IHA to 
ADOT&PF for conducting the described construction activities related to 
city dock and ferry terminal improvements from June 1, 2019 through May 
31, 2020 provided the previously described mitigation, monitoring, and 
reporting requirements are incorporated.

    Dated: June 20, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2018-13591 Filed 6-25-18; 8:45 am]
BILLING CODE 3510-22-P