```

[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35220-35225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15837]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG133

Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Port of Kalama Expansion Project on 
the Lower Columbia River

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS received a request from the Port of Kalama (POK) to issue 
an incidental harassment authorization (IHA) previously issued to the 
POK to incidentally take three species of marine mammal, by Level B 
harassment only, during construction activities associated with an 
expansion project at the Port of Kalama on the Lower Columbia River, 
Washington. The current IHA was issued in 2017 and is in effect until 
August 31, 2018 (2017-2018 IHA). However, the project has been delayed 
such that none of the work covered by the 2017-2018 IHA has been 
initiated and, therefore, the POK requested that an IHA be issued to 
conduct their work beginning on or about September 1, 2018 (2018-2019 
IHA). NMFS is seeking public comment on its proposal to issue the 2018-
2019 IHA to cover the incidental take analyzed and authorized in the 
2017-2018 IHA. Pursuant to the Marine Mammal Protection Act (MMPA), 
NMFS is requesting comments on its proposal to issue an IHA to POK to 
incidentally take, by Level B harassment, small numbers of marine 
mammals during the specified activities. The authorized take numbers 
and related analyses would be the same as for the 2017-2018 IHA, and 
the required mitigation, monitoring, and reporting would remain the 
same as authorized in the 2017-2018 IHA referenced above. NMFS will 
consider public comments prior to making any final decision on the 
issuance of the requested MMPA authorization and agency responses will 
be summarized in the final notice of our decision.

DATES: Comments and information must be received no later than August 
24, 2018.

ADDRESSES: An electronic copy of the final Authorization issued in 2017 
and supporting material along with an updated IHA request memo from POK 
may be obtained by visiting 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 below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected 
Resources, NMFS, (301) 427-8401.

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 will have a negligible impact on the species or 
stock(s), will 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

[[Page 35221]]

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).

National Environmental Policy Act

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), as implemented by the regulations published 
by the Council on Environmental Quality (40 CFR parts 1500-1508), NMFS 
prepared an Environmental Assessment (EA) to consider the direct, 
indirect and cumulative effects to the human environment resulting from 
the POK Expansion project. NMFS made the EA available to the public for 
review and comment in order to assess the impacts to the human 
environment of issuance of the 2017-2018 IHA to the POK. Also in 
compliance with NEPA and the CEQ regulations, as well as NOAA 
Administrative Order 216-6, NMFS signed a Finding of No Significant 
Impact (FONSI) on October 24, 2016 for issuance of the 2017-2018 IHA. 
These NEPA documents are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.
    Since this IHA covers the same work covered in the 2017-2018 IHA, 
NMFS has reviewed our previous EA and FONSI, and has preliminarily 
determined that this action is consistent with categories of activities 
identified in CE B4 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 preliminarily determined that the issuance of the 
proposed IHA qualifies to be categorically excluded from further NEPA 
review. We will review all comments submitted in response to this 
notice prior to concluding our NEPA process or making a final decision 
on the 2018-2019 IHA request.

History of Request

    On September 28, 2015, we received a request from the POK for 
authorization of the taking, by Level B harassment only, of marine 
mammals incidental to the construction associated with the Port of 
Kalama Expansion Project, which involved construction of the Kalama 
Marine Manufacturing and Export Facility including a new marine 
terminal for the export of methanol, and installation of engineered log 
jams, restoration of riparian wetlands, and the removal of existing 
wood piles in a side channel as mitigation activities. The specified 
activity is expected to result in the take of three species of marine 
mammals (harbor seals, California sea lions, and Steller sea lions). A 
final version of the application, which we deemed adequate and 
complete, was submitted on December 10, 2015. We published a notice of 
a proposed IHA and request for comments on March 21, 2016 (81 FR 
715064). After the public comment period and before we issued the final 
IHA, POK requested that we issue the IHA for 2017 instead of the 2016 
work season. We subsequently published the final notice of our issuance 
of the IHA on December 12, 2016 (81 FR 89436), effective from September 
1, 2017-August 31, 2018. In-water work associated with the project was 
expected to be completed within the one-year timeframe of the IHA.
    On June 21, 2018, POK informed NMFS that work relevant to the 
specified activity considered in the MMPA analysis for the 2017-2018 
IHA was postponed and would not be completed. POK requested that the 
IHA be issued to be effective for the period from September 1, 2018-
August 31, 2019. In support of that request, POK submitted an 
application addendum affirming that no change in the proposed 
activities is anticipated and that no new information regarding the 
abundance of marine mammals is available that would change the previous 
analysis and findings.

Description of the Activity and Anticipated Impacts

    The 2017-2018 IHA covered the construction of a marine terminal and 
dock/pier for the export of methanol, and associated compensatory 
mitigation activities for the purposes of offsetting habitat effects 
from the action. The marine terminal will be approximately 45,000 
square feet in size, supported by 320 concrete piles (24-inch precast 
octagonal piles to be driven by impact hammer) and 16 steel piles (12 x 
12-inch and 4 x 18-inch anticipated to be driven by vibratory hammer, 
and impact hammering will only be done to drive/proof if necessary). 
The compensatory mitigation includes installation of 8 engineered log 
jams (ELJs), which will be anchored by untreated wooden piles driven by 
impact hammer at low tides (not in water). The compensatory mitigation 
also includes removal of approximately 320 untreated wooden piles from 
an abandoned U.S. Army Corps of Engineers (USACE) dike in a nearby 
backwater area. The piles will be removed either by direct pull or 
vibratory extraction. Finally, the compensatory mitigation includes 
wetland restoration and enhancement by removal of invasive species and 
replacement with native wetland species.
    NMFS refers the reader to the documents related to the 2017-2018 
IHA for more detailed description of the project activities. These 
previous documents include the Federal Register notice of the issuance 
of the 2017-2018 IHA for the POK's Port of Kalama Expansion Project (81 
FR 89436, December 12, 2016), the Federal Register notice of the 
proposed IHA (81 FR 15064, March 21, 2016), POK's application (and 2018 
application addendum), and all associated references.
    Detailed Description of the Action--A detailed description of the 
pile driving activities at the Port of Kalama is found in these 
previous documents and the updated 2018-2019 IHA application addendum. 
The location, timing (e.g., seasonality), and nature of the pile 
driving operations, including the type and size of piles and the 
methods of pile driving, are identical to those described in the 
previous Federal Register notices referenced above.
    Description of Marine Mammals--A description of the marine mammals 
in the area of the activities is found in the previous documents 
referenced above, which remain applicable to this IHA as well. In 
addition, NMFS has reviewed recent Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and recent scientific 
literature. Since the submittal of the 2015 IHA application, the USACE 
has published updated data on pinniped presence at the Bonneville Dam 
(Tidwell et al., 2017). This information reveals that in both 2016 and 
2017 the numbers of pinnipeds present at Bonneville Dam were within the 
range of historical variability. The latest USACE data does not suggest 
a trend that would require a modification to the take estimates or to 
the effects analysis (see Table 1 below for a summary of monitoring 
data by year from Tidwell et al., 2017). Therefore, NMFS has 
preliminarily determined that the updated information does not affect 
our analysis of impacts for the 2018-2019 IHA.

[[Page 35222]]

   Table 1--Minimum Estimated Number of Individual Pinnipeds Observed at Bonneville Dam Tailrace Areas and the
                       Hours of Observation During the Focal Sampling Period, 2002 to 2017
                                           [From Tidwell et al., 2017]
----------------------------------------------------------------------------------------------------------------
                                    Total hours   California sea    Steller sea                        Total
              Year                   observed          lions           lions       Harbor seals      pinnipeds
----------------------------------------------------------------------------------------------------------------
2002............................             662              30               0               1              31
2003............................           1,356             104               3               2             109
2004............................             516              99               3               2             104
2005 *..........................           1,109              81               4               1              86
2006............................           3,650              72              11               3              86
2007............................           4,433              71               9               2              82
2008............................           5,131              82              39               2             123
2009............................           3,455              54              26               2              82
2010............................           3,609              89              75               2             166
2011............................           3,315              54              89               1             144
2012............................           3,404              39              73               0             112
2013............................           3,247              56              80               0             136
2014............................           2,947              71              65               1             137
2015............................           2,995             195            a 69               0             264
2016............................           1,974             149            a 54               0             203
2017............................           1,142              92            a 63               1             156
----------------------------------------------------------------------------------------------------------------
* Observations did not begin until March 18 in 2005.
\a\ In 2015, 2016, and 2017 the minimum estimated number of Steller sea lions was 55, 41, and 32, respectively.
  These counts were less than the maximum number of Steller sea lions observed on one day, so Tidwell et al.
  (2017) used the maximum number observed on one day as the minimum number. This difference was driven by a
  focus on California sea lions and lack of branding or unique markers on Steller sea lions.

    Potential Effects on Marine Mammals--A description of the potential 
effects of the specified activities on marine mammals and their habitat 
is found in the previous documents referenced above, and remain 
applicable to this proposed IHA. There is no new information on 
potential effects that would change our analyses or determinations 
under the 2018-2019 IHA.
    Estimated Take--A description of the methods and inputs used to 
estimate take anticipated to occur and, ultimately, the take that was 
authorized is found in the previous documents referenced above. The 
methods of estimating take for this proposed IHA are identical to those 
used in the 2017-2018 IHA, as is the density of marine mammals. The 
source levels, also remain unchanged from the 2017-2018 IHA, and NMFS' 
2016 Technical Guidance for Assessing the Effects of Anthropogenic 
Sound on Marine Mammal Hearing (NMFS 2016) was used to address new 
acoustic thresholds in the notice of issuance of the 2017-2018 IHA. As 
stated above, since the submittal of the application for the 2017-2018 
IHA (in effect from September 1, 2017 through August 31, 2018), the 
USACE has published updated data on pinniped presence at the Bonneville 
Dam, and this data does not suggest a trend that would require a 
modification to the take estimates or effects analysis. Consequently, 
the proposed authorized take for this proposed 2018-2019 IHA is 
identical to the 2017-2018 IHA, as presented in Table 2 below.

      Table 2--Estimated Take Proposed for Authorization and Proportion of Population Potentially Affected
----------------------------------------------------------------------------------------------------------------
                                                                         Percentage of
                                        Estimated take   Abundance of        stock
                                          by Level B         stock        potentially       Population trend
                                          harassment                       affected
----------------------------------------------------------------------------------------------------------------
Harbor seal...........................           1,530          24,732             6.2  Stable.
California sea lion...................             372         153,337             0.2  Stable.
Steller sea lion......................             372          59,968             0.6  Increasing.
----------------------------------------------------------------------------------------------------------------

    Description of Mitigation, Monitoring and Reporting Measures--A 
description of mitigation, monitoring, and reporting measures is found 
in the previous documents referenced above, and remain unchanged for 
this proposed IHA. In summary, mitigation includes implementation of 
shut down procedures if any marine mammal approaches or enters the 
Level A harassment zone for impact pile driving. One trained observer 
shall monitor to implement shutdowns and collect information at each 
active impact pile driving location. In addition, two shore-based 
observers (one upstream of the project, and another downstream of the 
project), whose primary responsibility shall be to record pinnipeds in 
the disturbance zone and to alert barge-based observers to the presence 
of pinnipeds, thus creating a redundant alert system for prevention of 
injurious interaction as well as increasing the probability of 
detecting pinnipeds in the disturbance zone.
    At least three observers shall be on duty during vibratory pile 
driving activity for the first two days, and thereafter on every third 
day to allow for estimation of Level B takes. The first observer shall 
be positioned on a work platform or barge where the entirety of a 10 m 
shutdown zone can be monitored. Shore based observers shall be 
positioned to observe the disturbance zone from the bank of the river. 
Protocols will be implemented to ensure that coordinated communication 
of sightings occurs between observers in a timely manner.
    Pile driving activities shall only be conducted during daylight 
hours. If the shutdown zone is obscured by fog or poor lighting 
conditions, pile driving

[[Page 35223]]

will not be initiated until the entire shutdown zone is visible. Work 
that has been initiated appropriately in conditions of good visibility 
may continue during poor visibility. The shutdown zone will be 
monitored for 30 minutes prior to initiating the start of pile driving, 
during the activity, and for 30 minutes after activities have ceased. 
If pinnipeds are present within the shutdown zone prior to pile 
driving, the start will be delayed until the animals leave the shutdown 
zone of their own volition, or until 15 minutes elapse without re-
sighting the animal(s).
    Soft start procedures shall be implemented at the start of each 
day's impact pile driving and at any time following cessation of impact 
driving for a period of thirty minutes or longer. If steel piles 
require impact installation or proofing, a bubble curtain will be used 
for sound attenuation.

Determinations

    The POK proposes to conduct activities in 2018-2019 that are 
identical to those covered in the currently 2017-2018 IHA. As described 
above, the number of estimated takes of the same stocks of harbor seals 
(OR/WA Coast stock), California sea lion (U.S. stock), and Steller sea 
lion (Eastern DPS) is the same for this proposed IHA as those 
authorized in the 2017-2018 IHA, which were found to meet the 
negligible impact and small numbers standards. The authorized take of 
1,200 harbor seals; 70 California sea lions, and 68 Steller sea lions 
represent 4.8 percent, >0.1 percent, and 0.1 percent of these stocks of 
marine mammals by Level B harassment, respectively. This proposed IHA 
includes identical required mitigation, monitoring, and reporting 
measures as the 2017-2018 IHA, and there is no new information 
suggesting that our prior analyses or findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily determined the following: (1) The 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (2) the required mitigation measures will 
effect the least practicable impact on marine mammal species or stocks 
and their habitat; (3) the authorized takes represent small numbers of 
marine mammals relative to the affected species or stock abundances; 
and (4) the POK's activities will not have an unmitigable adverse 
impact on taking for subsistence purposes, as no relevant subsistence 
uses of marine mammals are implicated by this action.

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 whenever we propose to authorize take for 
endangered or threatened species.
    No incidental take of ESA-listed species is expected to result from 
this activity, and none would be authorized. Therefore, NMFS has 
determined that consultation under section 7 of the ESA is not required 
for this action.

Proposed Authorization

    NMFS proposes to issue an IHA to POK for in-water construction work 
activities beginning September 2018 through August 2019, with the 
proposed mitigation, monitoring, and reporting requirements. The 
proposed IHA language is provided next.
    This section contains a draft of the IHA itself. The wording 
contained in this section is proposed for inclusion in the IHA (if 
issued).
    The Port of Kalama (POK), 110 West Marine Drive, Kalama, 
Washington, 98625, is hereby authorized under section 101(a)(5)(D) of 
the Marine Mammal Protection Act (16 U.S.C. 1371(a)(5)(D)) and 50 CFR 
216.107 to take marine mammals, by harassment, incidental to conducting 
in-water construction work for the Port of Kalama Expansion Project 
contingent upon the following conditions:
    1. This Authorization is effective for one year from the date of 
issuance.
    2. Timing of Activities
    (a) Timing of activities anticipated to result in take of marine 
mammals shall be conducted between September 1, 2018 and January 31, 
2019;
    (b) Timing of Activities Not Anticipated to Result in Take of 
Marine Mammals;
    (i) Dredging would be conducted between September 1, 2018 and 
December 31, 2018;
    (ii) Construction/installation of engineered log jams (ELJ) may be 
conducted year-round;
    (iii) Construction that will take place below the Ordinary High 
Water Mark (OHWM), but outside of the wetted perimeter of the river (in 
the dry) may be conducted year-round; and
    (iv) Removal of wooden piles from former trestle in the freshwater 
intertidal backwater channel portion of the project site (compensatory 
mitigation measure of removal of 157 wooden piles) may be conducted 
year-round.
    3. This Authorization is valid only for activities associated with 
in-water construction work for the Port of Kalama Expansion Project on 
approximately 100 acres (including uplands) at the northern end of the 
Port of Kalama's North Port site (Lat. 46.049, Long. -122.874), located 
at approximately river mile 72 along the lower Columbia River along the 
east bank in Cowlitz County, Washington.
    4. Briefings shall be conducted between construction supervisors, 
crews, marine mammal observer team, and Port of Kalama staff prior to 
the start of all pile driving/removal work and when new personnel join 
the work in order to explain responsibilities, communication 
procedures, marine mammal monitoring protocol, and operational 
procedures.
    5. (a) The number and species authorized for taking are: 1,530 
harbor seals (Phoca vitulina richardsi), 372 California sea lions 
(Zalophus californianus), and 372 Steller sea lions (Eumatopius 
jubatus).
    (b) The Authorization for taking by harassment is limited to the 
following acoustic sources and activities:
    (i) Impact pile driving; and
    (ii) Vibratory pile driving activities (including vibratory removal 
of temporary construction piles
    (c) The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported within 24 hours of the taking to 
the National Marine Fisheries Service (NMFS) West Coast Regional 
Administrator at (206) 526-6150 and the NMFS Chief of the Permits and 
Conservation Division at (301) 427-8401.
    6. The taking, by Level B harassment only, is limited to the 
species listed, and by the numbers listed, under condition 4(a) above. 
The taking by Level A harassment or death of the species identified in 
4(a) or any taking of any other species of marine mammal is prohibited 
and may result in the modification, suspension, or revocation of this 
Authorization.
    7. Mitigation
    (a) Activities authorized for take of marine mammals by this 
Authorization shall occur only during daylight hours.
    (b) A bubble curtain shall be used for sound attenuation if steel 
piles require impact installation or proofing.
    (c) Exclusion Zone and Level B Harassment Zones of Influence;
    (i) Exclusion zones out to distances encompassing the Level A 
harassment

[[Page 35224]]

zones shall be implemented to avoid Level A take of marine mammals (40 
m (131 ft) for impact driving of concrete piles; 252 m (828 ft) for 
impact driving of steel piles; and 16.5 m (54 ft) for vibratory driving 
of steel piles); and
    (ii) Disturbance zones shall be established as 117 m (384 ft) for 
impact driving of concrete piles; 1,848 m (6,063 ft) for impact driving 
of steel piles; and line of sight to nearest shoreline (5.7 km (18,700 
ft) maximum) for vibratory driving of steel piles;
    (d) Monitoring of marine mammals shall take place starting 30 
minutes before pile driving begins and shall continue until 30 minutes 
after pile driving ends.
    (e) Soft Start
    (i) Soft start procedures shall be implemented at the start of each 
day's impact pile driving and at any time following cessation of impact 
pile driving for a period of 30 minutes or longer; and
    (ii) Soft start procedures require that the contractor provides an 
initial set of three strikes at reduced energy followed by a 30-second 
waiting period, then two subsequent reduced energy strike sets.
    (f) Shutdown Measures
    (i) POK shall implement shutdown measures if a marine mammal is 
sighted within, or is perceived to be approaching, the exclusion zones 
identified in 5(c)(i) above and the associated construction or pile 
driving activities shall immediately cease. Pile driving or in-water 
construction work shall not be resumed until the exclusion zone has 
been observed as being clear of marine mammals for at least 15 minutes; 
and
    (ii) If marine mammals are present within the exclusion zones 
established in 5(c)(i) above prior to the start of in-water 
construction activities, these activities would be delayed until the 
animals leave the exclusion zone of their own volition, or until 15 
minutes elapse without resighting the animal, at which time it may be 
assumed that the animal(s) have left the exclusion zone.
    8. Monitoring
    Marine Mammal Observers--POK shall employ observers to conduct 
marine mammal monitoring for its construction project. Observers shall 
have the following minimum qualifications:
    (i) Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with the ability to estimate target size and distance. Use of 
binoculars may be necessary to correctly identify the target;
    (ii) Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience);
    (iii) Experience or training in the field identification of the 
marine mammals that could potentially be encountered;
    (iv) Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    (v) Writing skills sufficient to prepare a report of observations 
that shall include such information as the number and types of marine 
mammals observed; the behavior of marine mammals in the project area 
during construction; the dates and times when observations were 
conducted; the dates and times when in-water construction activities 
were conducted; the dates and times when marine mammals were present at 
or within the defined disturbance zone; and the dates and times when 
in-water construction activities were suspended to avoid incidental 
harassment by disturbance from construction noise; and
    (vi) Ability to communicate orally, by radio or in person, with 
project personnel to provide real time information on marine mammals 
observed in the area.
    (b) Individuals meeting the minimum qualifications identified in 
7(a), above, shall be present on site (on land or dock) at all times 
during pile driving activities conducted for the project.
    (c) During all impact pile driving activities, observers shall be 
stationed to allow a clear line of sight of the exclusion zone (10 m 
(33 ft) except for steel piles, which shall be 18 m (59 ft)) and the 
entire disturbance zone as identified in Table 2 (attached).
    (d) Marine mammal observers shall monitor for the first two days of 
vibratory pile driving, and thereafter on every third day of vibratory 
pile driving. Monitoring shall be conducted by three observers during 
vibratory pile driving activities. One observer shall be stationed in 
the general vicinity of the pile being driven and shall have clear line 
of sight views of the entire inner harbor. Another observer shall be 
stationed at an accessible location downstream (such as northern tip of 
Prescott Beach County Park) and would observe the northern (downstream) 
portion of the disturbance zone. A third observer shall be stationed at 
an accessible location upstream and would observe the southern 
(upstream) portion of the disturbance zone.
    (e) Marine mammal observers shall scan the waters within each 
monitoring zone activity using binoculars (Vector 10 X 42 or 
equivalent), spotting scopes (Swarovski 20-60 zoom or equivalent; 
Washington Department of Fish and Wildlife 2000), and visual 
observation.
    (f) Marine mammal presence within the Level B harassment zones of 
influence (disturbance zones) shall be monitored, but pile driving 
activity shall not be stopped if marine mammals are found present 
unless they enter or approach the exclusion zone. Any marine mammal 
observed within the disturbance zone shall be documented and counted as 
a Level B take. Monitoring during vibratory pile driving shall occur 
during the first two days of activity and during every three days 
thereafter to estimate the number of individuals present within the 
Level B harassment area.
    (g) If waters exceed a sea-state which restrict the observers' 
ability to make observations within the Level A injury exclusion zone, 
relevant activities shall cease until conditions allow the resumption 
of monitoring. Vibratory pile installation would continue under these 
conditions.
    (h) The waters shall be scanned 30 minutes prior to commencing pile 
driving activities and during all pile driving activities. If marine 
mammals enter or are observed within the designated exclusion zones 
during, or 15 minutes prior to, impact pile driving, the monitors shall 
notify the on-site construction manager to not begin, or cease, work 
until the animal(s) leave of their own volition, or have not been 
observed within the zone for 15 minutes.
    9. Reporting
    (a) POK shall provide NMFS with a draft monitoring report within 90 
days of the expiration of this Authorization, or within conclusion of 
the construction work, whichever comes first. This report shall detail 
the monitoring protocol, summarize the data recorded during monitoring, 
and estimate the number of marine mammals that may have been harassed.
    (b) If comments are received from NMFS (West Coast Regional 
Administrator or NMFS Office of Protected Resources) on the draft 
report within 30 days, a final report shall be submitted to NMFS within 
30 days thereafter. If not comments are received from NMFS within 30 
days after receipt of the draft report, the draft report shall be 
considered final.
    (c) In the unanticipated event that the construction activities 
clearly cause the take of a marine mammal in a manner prohibited by 
this Authorization, such as an injury, serious injury, or mortality 
(Level A take), POK shall immediately cease all operations and 
immediately report the incident to the NMFS Chief of the Permits and 
Conservation

[[Page 35225]]

Division, Office of Protected Resources and the NMFS West Coast 
Regional Stranding Coordinators. The report must include the following 
information:
    (i) Time, date, and location (latitude and longitude) of the 
incident;
    (ii) Description of the incident;
    (iii) Status of all sound sources used in the 24 hours preceding 
the incident;
    (iv) Environmental conditions (wind speed, wind direction, sea 
state, cloud cover, visibility, water depth);
    (v) Description of the marine mammal observations in the 24 hours 
preceding the incident;
    (vi) Species identification or description of the animal(s) 
involved;
    (vii) The fate of the animal(s); and
    (viii) Photographs or video footage of the animal(s), if equipment 
is available.
    (d) Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with POK to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. POK may not resume their 
activities until notified by NMFS via letter, email, or telephone.
    (e) In the event that POK discovers an injured or dead marine 
mammal, and the marine mammal observer determines that the cause of 
injury or death is unknown and the death is relatively recent (less 
than a moderate state of decomposition), POK shall immediately report 
the incident to the NMFS Chief of Permits and Conservation Division, 
Office of Protected Resources, and the NMFS West Coast Regional 
Stranding Coordinator. The report must include the same information 
identified above. Activities may continue while NMFS reviews the 
circumstances of the incident. NMFS shall work with POK to determine 
whether modifications in the activities are appropriate
    (f) In the event that POK discovers an injured or dead marine 
mammal, and the marine mammal observer determines that the injury or 
death is not associated with or related to the activities authorized in 
the IHA (previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), POK shall report the incident to 
the NMFS Chief of Permits and Conservation Division, Office of 
Protected Resources, and the NMFS West Coast Regional Stranding 
Coordinator within 24 hours of the discovery. POK shall provide 
photographs or video footage (if available) or other documentation of 
the stranded animal(s) to NMFS and the Marine Mammal Stranding Network. 
POK may continue its operations under such a case.
    10. This Authorization may be modified, suspended, or withdrawn if 
the holder fails to abide by the conditions prescribed herein or if 
NMFS determines that the authorized taking is having more than a 
negligible impact on the species or stock of affected marine mammals.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHA for the proposed POK 
construction activities. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization.
    On a case-by-case basis, NMFS may issue a one-year renewal IHA 
without additional notice when (1) another year of identical or nearly 
identical activities as described in the Specified Activities section 
is planned, or (2) the activities would not be completed by the time 
the IHA expires and renewal would allow completion of the activities 
beyond that described in the Dates and Duration section, provided all 
of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to expiration of the current IHA;
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted beyond the 
initial dates either are identical to the previously analyzed 
activities or include changes so minor (e.g., reduction in pile size) 
that the changes do not affect the previous analyses, take estimates, 
or mitigation and monitoring requirements; and
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized;
     Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures remain the same and appropriate, 
and the original findings remain valid.

    Dated: July 19, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-15837 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-22-P
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