35220 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 

Meetings: Schedule, Location, and 

Agenda 

1. Thursday, August 30, Norman, OK 

Agenda: To discuss implementation 

of The Weather Act, including the 

development of a community-based 

weather model. 

2. Friday, August 31, Juneau, Alaska 

Agenda: To discuss opportunities to 

reduce the nation’s seafood trade deficit, 

and promote marine commerce and 

tourism. 

3. Monday, September 10, St. 

Petersburg, Florida 

Agenda: To discuss advancing 

commercial and recreational fisheries, 

technology development and tourism. 

4. Wednesday, September 12, Madison, 

Wisconsin 

Agenda: To discuss implementation 

of The Weather Act, including the 

development of a community-based 

weather model. 

5. Thursday, October 4, Seattle, 

Washington 

Agenda: To discuss implementation 

of The Weather Act, including the 

development of a community-based 

weather model. 

6. Tuesday, October 23, Charleston, SC 

Agenda: To discuss opportunities to 

improve the efficiency of U.S. ports, 

reduce the seafood trade deficit, and 

expand exploration of the nation’s 

Exclusive Economic Zone. 

7. Thursday, November 1, Durham, NC 

Agenda: To discuss implementation 

of The Weather Act, including the 

development of a community-based 

weather model, opportunities to reduce 

the nation’s seafood trade deficit, and 

ocean exploration. 

8. Friday, November 9, San Diego, 

California 

Agenda: To discuss opportunities to 

improve the efficiency of U.S. ports, 

promote domestic aquaculture 

production, and expand exploration of 

the nation’s Exclusive Economic Zone. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Julie Kay Roberts; 

202–482–6090, at least 10 working days 

prior to the meeting date. 

Authority: 15 U.S.C. 8501 et seq. 

Dated: July 20, 2018. 

Tim Gallaudet, 

Assistant Secretary of Commerce for Oceans 

and Atmosphere and Acting Under Secretary 

of Commerce for Oceans and Atmosphere, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2018–15937 Filed 7–24–18; 8:45 am] 

BILLING CODE 3510–12–P 

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. 

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/incidentaltake-authorizations-constructionactivities. 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 


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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 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-authorizationsconstruction-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. Inwater 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. 


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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] 

Year Total hours 

observed 

California sea 

lions 

Steller sea 

lions Harbor seals Total 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

Estimated take 

by Level B 

harassment 

Abundance of 

stock 

Percentage 

of stock 

potentially 

affected 

Population trend 

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 shorebased 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 bargebased 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 


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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 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 yearround. 

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 


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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 inwater 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 inwater 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 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act. 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Scientific Research, Exempted 

Fishing, and Exempted Educational 

Activity Submissions. 

OMB Control Number: 0648–0309. 

Form Number(s): None. 

Type of Request: Regular (revision 

and extension of a currently approved 

information collection). 

Number of Respondents: 121. 

Average Hours per Response: 

Scientific research plans, 13 hours; 

scientific research reports, 6 hours; 

exempted fishing permit requests; 10 

hours, exempted fishing permit reports, 

4.5 hours; exempted educational 

requests, 5 hours; exempted educational 

reports, 2.5 hours. 

Burden Hours: 2,141. 

Needs and Uses: This request is for 

revision and extension of a currently 

approved information collection. 

Research permits already covered under 

other OMB Control Numbers have been 

removed. 

Fishery regulations do not generally 

affect scientific research activities 

conducted by a scientific research 

vessel. Persons planning to conduct 

such research are encouraged to submit 

a scientific research plan to ensure that 

the activities are considered research 

and not fishing. The researchers are 

requested to submit reports of their 

scientific research activity after its 

completion. Eligible researchers on 

board federally permitted fishing vessels 

that plan to temporarily possess fish in 

a manner not compliant with applicable 

fishing regulations for the purpose of 

collecting scientific data on catch may 

submit a request for a temporary 

possession letter of authorization. The 

researchers are requested to submit 

reports of their scientific research 

activity after its completion. The 

National Marine Fisheries Service 

(NMFS) may also grant exemptions from 

fishery regulations for educational or 

other activities (e.g., using nonregulation gear). The applications for 

these exemptions must be submitted, as 

well as reports on activities. 

Affected Public: Business or other forprofit organizations; not-for-profit 


daltland on DSKBBV9HB2PROD with NOTICES