2202 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices 

by using the search function and 

entering either the title of the collection. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2024–00585 Filed 1–11–24; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD563] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the City of 

Oceanside’s Harbor Fishing Pier and 

Non-Motorized Vessel Launch 

Improvement Project in Oceanside, 

California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to the 

City of Oceanside to incidentally harass, 

by Level B harassment only, marine 

mammals during construction activities 

associated with harbor fishing pier and 

non-motorized vessel launch 

improvement in Oceanside, California. 

There are no changes from the proposed 

authorization to the final authorization. 

DATES: This authorization is effective 

from March 1, 2024, through February 

28, 2025. 

ADDRESSES: Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://www.fisheries.

noaa.gov/action/incidental-takeauthorization-city-oceansides-harborfishing-pier-and-non-motorized-vessel. 

In case of problems accessing these 

documents, please call the contact listed 

below. 

FOR FURTHER INFORMATION CONTACT: 

Alyssa Clevenstine, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et

seq.) direct the Secretary of Commerce

(as delegated to NMFS) to allow, upon

request, the incidental, but not

intentional, taking of small numbers of

marine mammals by U.S. citizens who

engage in a specified activity (other than

commercial fishing) within a specified

geographical region if certain findings

are made and either regulations are

proposed or, if the taking is limited to

harassment, a notice of a proposed IHA

is provided to the public for review.

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

Summary of Request 

On May 16, 2023, NMFS received a 

request from the City of Oceanside for 

an IHA to take marine mammals 

incidental to construction activities 

associated with fishing pier and nonmotorized vessel launch improvement 

in Oceanside Harbor, Oceanside, CA. 

Following NMFS’ review of the 

application, the City of Oceanside 

submitted revised versions on July 18 

and October 17, 2023. The application 

was deemed adequate and complete on 

November 2, 2023. The City of 

Oceanside’s request is for take of seven 

species of marine mammals by Level B 

harassment only. Neither the City of 

Oceanside nor NMFS expect serious 

injury or mortality to result from this 

activity and, therefore, an IHA is 

appropriate. There are no changes from 

the proposed IHA to the final IHA. 

Description of Specified Activity 

The City of Oceanside plans to 

remove and replace the existing public 

fishing pier and non-motorized vessel 

launch in Oceanside Harbor, Oceanside, 

CA. The applicant plans to use vibratory 

extraction to remove four 16-inch 

octagonal concrete support piles; 

vibratory driving to install up to 18 18- 

inch round plastic-coated steel piles to 

within 0.61–1.52 meters (m; 2–5 feet 

(ft)) of required depth; and, potentially, 

impact driving to complete pile 

installation depending on observed soil 

resistance. While not expected to be 

required based on site geology, 18 10- 

inch steel piles may be used as 

temporary guide piles to aid in the 

installation of the larger 18-inch 

structural piles. 

A maximum of 6 non-consecutive 

days of piling activities will occur 

during the course of construction (5–6 

months) from March 2024 through 

February 2025 (table 1). All project 

activities for which take is being 

requested will be located in Oceanside 

Harbor, Oceanside, CA. 

A detailed description of the planned 

construction project is provided in the 

Federal Register notice for the proposed 

IHA (88 FR 83081, November 28, 2023). 

Since that time, no changes have been 

made to the planned activities. 

Therefore, a detailed description is not 

provided here. Please refer to that 

Federal Register notice for the 

description of the specified activity. 

TABLE 1—PILE EXTRACTION AND INSTALLATION ACTIVITIES

Pile activity Method Pile size (inch), material Piles per 

day 

Duration 

of activity 

(days) 

Duration of 

vibratory 

activity 

per pile 

(minutes) 

Estimated 

blows of 

impact 

driving 

per pile 

(strikes) 

Extraction ........................ Vibratory ......................... 16, concrete ................... 4 1 25 N/A 

Installation ....................... Vibratory ......................... 18, steel ......................... 4 * 5 25 N/A 

Installation ....................... Impact ............................ 18, steel ......................... 4 * 5 N/A 300 


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TABLE 1—PILE EXTRACTION AND INSTALLATION ACTIVITIES—Continued 

Pile activity Method Pile size (inch), material Piles per 

day 

Duration 

of activity 

(days) 

Duration of 

vibratory 

activity 

per pile 

(minutes) 

Estimated 

blows of 

impact 

driving 

per pile 

(strikes) 

Installation ....................... Vibratory ......................... 10, steel ......................... 4 N/A 10 N/A 

Note: Impact pile installation will be used for driving piles 0.61–1.52 m to final depth, depending on observed sediment resistance. 

* Vibratory and impact installation of 18-inch steel piles will occur in the same 5 days.

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to the City of Oceanside was 

published in the Federal Register on 

November 29, 2023 (88 FR 83081). That 

notice described, in detail, the City of 

Oceanside’s planned activities, the 

marine mammal species that may be 

affected by the activities, and the 

anticipated effects on marine mammals. 

In that notice, we requested public 

input on the request for authorization 

described therein, our analyses, the 

proposed authorization, and any other 

aspect of the notice of proposed IHA, 

and requested that interested persons 

submit relevant information, 

suggestions, and comments. During the 

30-day public comment period no

substantive comments were received.

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the IHA 

application summarize available 

information regarding status and trends, 

distribution and habitat preferences, 

and behavior and life history of the 

potentially affected species. NMFS fully 

considered all of this information, and 

we refer the reader to these descriptions, 

instead of reprinting the information. 

Additional information regarding 

population trends and threats may be 

found in NMFS’ Stock Assessment 

Reports (SARs; https://www.fisheries.

noaa.gov/national/marine-mammalprotection/marine-mammal-stockassessments) and more general 

information about these species (e.g., 

physical and behavioral descriptions) 

may be found on NMFS’ website 

(https://www.fisheries.noaa.gov/findspecies). 

Table 2 lists all species for which take 

is authorized for this activity and 

summarizes information related to the 

population or stock, including 

regulatory status under the MMPA and 

Endangered Species Act (ESA) and 

potential biological removal (PBR), 

where known. PBR is defined by the 

MMPA as the maximum number of 

animals, not including natural 

mortalities, that may be removed from a 

marine mammal stock while allowing 

that stock to reach or maintain its 

optimum sustainable population (as 

described in NMFS’ SARs). While no 

serious injury or mortality is anticipated 

or authorized here, PBR and annual 

serious injury and mortality from 

anthropogenic sources are included here 

as gross indicators of the status of the 

species or stocks and other threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’ stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’ U.S. Pacific SARs. All values 

presented in table 2 are the most recent 

available at the time of publication 

(including from the 2022 SARs) and are 

available online at: https://www.

fisheries.noaa.gov/national/marinemammal-protection/marine-mammalstock-assessments. 

TABLE 2—MARINE MAMMAL SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES 1

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 2

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 3

PBR Annual 

M/SI 4

Odontoceti (toothed whales, dolphins, and porpoises) 

Family Delphinidae: 

Bottlenose dolphin .......... Tursiops truncatus ................ California Coastal ................. -/-; N 453 (0.06, 346, 2011) .......... 2.7 ≥2 

Long-beaked common 

dolphin.

Delphinus delphis capensis California .............................. -/-; N 83,379 (0.216, 69,636, 2018) 668 ≥29.7 

Short-beaked common 

dolphin.

Delphinus delphis delphis .... California/Oregon/Washington.-/-; N 1,056,308 (0.21, 888,971, 

2018).

8,889 ≥30.5 

Pacific white-sided dolphin.Lagenorhynchus obliquidens California .............................. -/-; N 34,999 (0.222, 29,090, 2018) 279 7

Order Carnivora—Pinnipedia 

Family Otariidae (eared seals 

and sea lions): 

California sea lion .......... Zalophus californianus ......... U.S. ...................................... -/-; N 257,606 (N/A, 233,515, 

2015).

14,011 >321

Family Phocidae (earless 

seals): 

Harbor seal ..................... Phoca vitulina richardii ......... California .............................. -/-; N 30,968 (0.157, 27,348, 2012) 1,641 42.8 

Northern elephant seal ... Mirounga angustirostris ........ California Breeding ............... -/-; N 187,386 (N/A, 85,369, 2013) 5,122 13.7 

1 Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy 

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


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2204 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices 

2ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be 

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

as depleted and as a strategic stock. 3 NMFS marine mammal stock assessment reports online at: https://www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of 

stock abundance. 4These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, vessel strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 

As indicated above, all seven species 

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

take is reasonably likely to occur. Based 

on previous marine mammal monitoring 

events near the mouth of Oceanside 

Harbor (Merkel and Associates, Inc., 

2022; Merkel and Associates, Inc., 

2023), other marine mammals rarely 

occur within Oceanside Harbor and any 

occurrence in the project area would be 

very rare. While Risso’s dolphins 

(Grampus griseus) and gray whales 

(Eschrichtius robustus) have been 

sighted outside of the harbor and in 

coastal waters, these species’ general 

spatial occurrence is such that take is 

not expected to occur as they typically 

occur more offshore, and they are not 

discussed further. 

A detailed description of the species 

likely to be affected by this project, 

including brief introductions to the 

species and relevant stocks as well as 

available information regarding 

population trends and threats, and 

information regarding local occurrence, 

were provided in the Federal Register 

notice for the proposed IHA (88 FR 

83081, November 28, 2023); since that 

time, we are not aware of any changes 

in the status of these species and stocks; 

therefore, detailed descriptions are not 

provided here. Please refer to that 

Federal Register notice for these 

descriptions. Please also refer to the 

NMFS website (https://www.fisheries.

noaa.gov/find-species) for generalized 

species accounts. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

deleterious effects. To appropriately 

assess the potential effects of exposure 

to sound, it is necessary to understand 

the frequency ranges marine mammals 

are able to hear. Not all marine mammal 

species have equal hearing capabilities 

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

and Ketten, 1999, Au and Hastings, 

2008). To reflect this, Southall et al. 

(2007, 2019) recommended that marine 

mammals be divided into hearing 

groups based on directly measured 

(behavioral or auditory evoked potential 

techniques) or estimated hearing ranges 

(behavioral response data, anatomical 

modeling, etc.). Note that no direct 

measurements of hearing ability have 

been successfully completed for 

mysticetes (i.e., low-frequency 

cetaceans). Subsequently, NMFS (2018) 

described generalized hearing ranges for 

these marine mammal hearing groups. 

Generalized hearing ranges were chosen 

based on the approximately 65 decibel 

(dB) threshold from the normalized 

composite audiograms, with the 

exception for lower limits for lowfrequency cetaceans where the lower 

bound was deemed to be biologically 

implausible and the lower bound from 

Southall et al. (2007) retained. Marine 

mammal hearing groups and their 

associated hearing ranges are provided 

in table 3. 

TABLE 3—MARINE MAMMAL HEARING GROUPS

[NMFS, 2018] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................... 7 Hz to 35 kHz. 

Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ........................................... 150 Hz to 160 kHz. 

High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. 

australis).

275 Hz to 160 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ................................................................................................................... 50 Hz to 86 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .............................................................................................. 60 Hz to 39 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, 

with the exception for lower limits for LF cetaceans (Southall et al., 2007) and PW pinniped (approximation). 

The pinniped functional hearing 

group was modified from Southall et al. 

(2007) on the basis of data indicating 

that phocid species have consistently 

demonstrated an extended frequency 

range of hearing compared to otariids, 

especially in the higher frequency range 

(Hemila ̈ et al., 2006, Kastelein et al., 

2009, Reichmuth et al., 2013). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of underwater noise from 

the City of Oceanside’s construction 

activities have the potential to result in 

Level B harassment of marine mammals 

in the project area. The notice of the 

proposed IHA (88 FR 83081, November 

28, 2023) included a discussion of the 

effects of anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from the City of 

Oceanside’s construction activities on 

marine mammals and their habitat. That 

information and analysis is referenced 

in this final IHA determination and is 

not repeated here; please refer to the 

notice of the proposed IHA (88 FR 

83081, November 28, 2023). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through this IHA, which 

informed both NMFS’ consideration of 

‘‘small numbers’’ and the negligible 

impact determinations. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of the 

MMPA defines ‘‘harassment’’ as any act 

of pursuit, torment, or annoyance, 


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which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild (Level A harassment); 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 

of behavioral patterns, including, but 

not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

(Level B harassment). 

Authorized takes would be by Level B 

harassment only in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to the acoustic sources. 

Based on the nature of the activity and 

the anticipated effectiveness of the 

mitigation measures (i.e., shutdown), 

Level A harassment is neither 

anticipated nor authorized (see 

Mitigation and Monitoring and 

Reporting sections). 

As described previously, no serious 

injury or mortality is anticipated or 

authorized for this activity. Below we 

describe how the take numbers are 

estimated. 

For acoustic impacts, generally 

speaking, we estimate take by 

considering: (1) acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 

or incur some degree of permanent 

hearing impairment; (2) the area or 

volume of water that will be ensonified 

above these levels in a day; (3) the 

density or occurrence of marine 

mammals within these ensonified areas; 

and, (4) the number of days of activities. 

We note that while these factors can 

contribute to a basic calculation to 

provide an initial prediction of potential 

takes, additional information that can 

qualitatively inform take estimates is 

also sometimes available (e.g., previous 

monitoring results or average group 

size). Below, we describe the factors 

considered here in more detail and 

present the authorized take estimates. 

Acoustic Thresholds 

NMFS recommends the use of 

acoustic thresholds that identify the 

received level of underwater sound 

above which exposed marine mammals 

would be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur Permanent 

Threshold Shift (PTS) of some degree 

(equated to Level A harassment). 

Level B Harassment—Though 

significantly driven by received level, 

the onset of behavioral disturbance from 

anthropogenic noise exposure is also 

informed to varying degrees by other 

factors related to the source or exposure 

context (e.g., frequency, predictability, 

duty cycle, duration of the exposure, 

signal-to-noise ratio, distance to the 

source), the environment (e.g., 

bathymetry, other noises in the area, 

predators in the area), and the receiving 

animals (hearing, motivation, 

experience, demography, life stage, 

depth) and can be difficult to predict 

(e.g., Southall et al., 2007, Southall et 

al., 2021, Ellison et al., 2012). Based on 

what the available science indicates and 

the practical need to use a threshold 

based on a metric that is both 

predictable and measurable for most 

activities, NMFS typically uses a 

generalized acoustic threshold based on 

received level to estimate the onset of 

behavioral harassment. NMFS generally 

predicts that marine mammals are likely 

to be behaviorally harassed in a manner 

considered to be Level B harassment 

when exposed to underwater 

anthropogenic noise above root-meansquared sound pressure levels (RMS 

SPL) of 120 dB (referenced to 1 

microPascal (re 1 mPa)) for continuous 

(e.g., vibratory pile driving, drilling) and 

above RMS SPL 160 dB re 1 mPa for nonexplosive impulsive (e.g., seismic 

airguns) or intermittent (e.g., scientific 

sonar) sources. Generally speaking, 

Level B harassment take estimates based 

on these behavioral harassment 

thresholds are expected to include any 

likely takes by temporary threshold shift 

(TTS) as, in most cases, the likelihood 

of TTS occurs at distances from the 

source less than those at which 

behavioral harassment is likely. TTS of 

a sufficient degree can manifest as 

behavioral harassment, as reduced 

hearing sensitivity and the potential 

reduced opportunities to detect 

important signals (e.g., conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

The City of Oceanside’s construction 

activities include the use of continuous 

(vibratory pile removal and installation) 

and, potentially, impulsive (impact pile 

installation) sources, and therefore the 

RMS SPL thresholds of 120 and 160 dB 

re 1 mPa are both applicable. 

Level A harassment—NMFS’ 

Technical Guidance for Assessing the 

Effects of Anthropogenic Sound on 

Marine Mammal Hearing (Version 2.0, 

Technical Guidance, 2018) identifies 

dual criteria to assess auditory injury 

(Level A harassment) to five different 

marine mammal groups (based on 

hearing sensitivity) as a result of 

exposure to noise from two different 

types of sources (impulsive or nonimpulsive). The City of Oceanside’s 

activities include the use of impulsive 

(impact hammer) and non-impulsive 

(vibratory hammer) sources. 

These thresholds are provided in table 

4 below. The references, analysis, and 

methodology used in the development 

of the thresholds are described in 

NMFS’ 2018 Technical Guidance, which 

may be accessed at: https://www.

fisheries.noaa.gov/national/marinemammal-protection/marine-mammalacoustic-technical-guidance. 

TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset acoustic thresholds * 

(received level) 

Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans .................................... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...................... Cell 2: LE,LF,24h: 199 dB. 

Mid-Frequency (MF) Cetaceans .................................... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...................... Cell 4: LE, MF,24h: 198 dB. 

High-Frequency (HF) Cetaceans .................................. Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...................... Cell 6: LE,HF,24h: 173 dB. 

Phocid Pinnipeds (PW) (Underwater) ........................... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ..................... Cell 8: LE,PW,24h: 201 dB. 

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

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

also be considered. 


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

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

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

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

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

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

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

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

Ensonified Area 

Here, we describe operational and 

environmental parameters of the 

activities that are used in estimating the 

area ensonified above the acoustic 

thresholds, including source levels and 

transmission loss (TL) coefficient. 

Pile driving activities using an impact 

hammer as well as a vibratory hammer 

generate underwater noise that could 

result in disturbance to marine 

mammals near the project area. A 

review of underwater sound 

measurements for similar projects was 

conducted to estimate the near-source 

sound levels for impact and vibratory 

pile driving and vibratory extraction. 

Source levels and sound exposure levels 

(SEL) for planned removal and 

installation activities derived from this 

review are shown in table 5. 

TABLE 5—PROJECT SOUND SOURCE LEVELS

Activity Method Pile size 

(inch, material) 

Peak 

SPL dB 

re 1 μPa 1

RMS 

SPL dB 

re 1 μPa 1

SEL 

dB re 1 μPa 1 Source 

Extraction ................. Vibratory ................... 16, concrete 2 ........... N/A 163 N/A NAVFAC SW, 2022. 

Installation ................ Vibratory ................... 18, steel ................... 196 158 N/A Caltrans, 2020. 

Installation ................ Impact ...................... 18, steel 3 ................. 200 185 175 Caltrans, 2020. 

Installation ................ Vibratory ................... 10, steel 4 ................. 171 155 N/A Illingworth and 

Rodkin, 2007. 

Note: All 18-inch round steel piles will be installed using both vibratory and impact driving, therefore, the total number of 18-inch piles proposed for use is 18. Use of 10-inch piles will be as temporary support, and will be driven and removed in the same day as the permanent 18- 

inch piles. 1As measured, or calculated, at 10 m (33 ft). 

2Proxy source levels provided by NMFS from Pier 6 Replacement Project, San Diego Bay (NAVFAC SW, 2022). 

3Analysis of pooled reported data provided by NMFS (Caltrans, 2020). 

4 In the absence of information on vibratory installation of 10-inch round steel piles, source data from 12-inch round steel piles (Illingworth and 

Rodkin, 2007) was used as a proxy source level. 

Level B Harassment Zone—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 topography. The 

general formula for underwater TL is: 

TL = B * Log10 (R1/R2), 

where 

TL = transmission loss in dB; 

B = transmission loss coefficient; 

R1 = the distance of the modeled SPL from 

the driven pile; and 

R2 = the distance from the driven pile of the 

initial measurement. 

The recommended TL coefficient for 

most nearshore environments is the 

practical spreading value of 15. This 

value results in an expected propagation 

environment that would lie between 

spherical and cylindrical spreading loss 

conditions, known as practical 

spreading, which is the most 

appropriate assumption for the City of 

Oceanside’s activities in the absence of 

specific modeling and site-specific 

information. Sound propagation in 

Oceanside Harbor is limited by physical 

structures and substantial sound will be 

confined within the harbor (see figures 

6–1, 6–2 in the IHA application). The 

Level A and Level B harassment 

isopleths for the City of Oceanside’s 

activities are shown in table 6. 

TABLE 6—DISTANCE TO THE LEVEL A AND LEVEL B HARASSMENT THRESHOLDS FOR CONSTRUCTION ACTIVITIES

Activity Method Pile size 

(inch, material) 

Level A 

threshold 

for MF 

(m) 

Level A 

threshold 

for PW 

(m) 

Level A 

threshold 

for OW 

(m) 

Level B 

harassment 

zone 

(m) 

Extraction ...................... Vibratory ...................... 16, concrete ................ 1.2 7.9 0.6 7,356 

Installation .................... Vibratory ...................... 18, steel ...................... 0.5 3.7 0.3 3,415 

Installation .................... Impact ......................... 18, steel ...................... 11.7 176.7 12.9 100 

Installation .................... Vibratory ...................... 10, steel ...................... 0.2 1.3 0.1 2,154 

Note: For impact pile driving, the single strike SEL was used to calculate distances to Level A harassment thresholds. 

Abbreviations: MF = mid-frequency cetaceans, PW = phocid pinnipeds, OW = otariid pinnipeds. 

Level A Harassment Zones—The 

ensonified area associated with Level A 

harassment is more technically 

challenging to predict due to the need 

to account for a duration component. 

Therefore, NMFS developed an optional 

User Spreadsheet tool to accompany the 

Technical Guidance that can be used to 

relatively simply predict an isopleth 

distance for use in conjunction with 

marine mammal density or occurrence 

to help predict potential takes. We note 

that because of some of the assumptions 

included in the methods underlying this 

optional tool, we anticipate that the 

resulting isopleth estimates are typically 

going to be overestimates of some 

degree, which may result in an 


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overestimate of potential take by Level 

A harassment. However, this optional 

tool offers the best way to estimate 

isopleth distances when more 

sophisticated modeling methods are not 

available or practical. For stationary 

sources (i.e., vibratory and impact 

piling), the optional User Spreadsheet 

tool predicts the distance at which, if a 

marine mammal remained at that 

distance for the duration of the activity, 

it would be expected to incur PTS. 

Inputs used in the optional User 

Spreadsheet tool, and the resulting 

estimated isopleths, are reported in 

tables 6 and 7. The isopleths generated 

by the User Spreadsheet used the same 

TL coefficients as the Level B 

harassment isopleth calculations, as 

indicated above for each activity type. 

Inputs used in the User Spreadsheet 

(e.g., number of piles per day, duration 

and/or strikes per pile) are presented in 

table 1. The maximum RMS SPL, SEL, 

and peak SPL are reported in table 7. 

The cumulative SEL and peak SPL were 

used to calculate Level A harassment 

isopleths for vibratory pile driving and 

extraction activities, while the single 

strike SEL value was used to calculate 

Level A harassment isopleths for impact 

pile driving activity. 

TABLE 7—SOUND LEVELS USED FOR PREDICTING UNDERWATER SOUND IMPACTS

Activity Method Pile size 

(inch, material) 

Duration 

(hours/day) 

Peak SPL 

dB re 1 

μPa 

RMS SPL 

dB re 1 

μPa 

Single 

strike 

SEL dB 

re 1 μPa2

sec 

Extraction ...................... Vibratory ...................... 16, concrete ................ 1.67 N/A 163 N/A 

Installation .................... Vibratory ...................... 18, steel ...................... 1.67 196 158 N/A 

Installation .................... Impact ......................... 18, steel ...................... 0.13 200 185 175 

Installation .................... Vibratory ...................... 10, steel ...................... 0.67 171 155 N/A 

Marine Mammal Occurrence 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information which will inform 

the take calculations. 

Bottlenose Dolphin—Bottlenose 

dolphins can occur at any time of year 

in the waters around Oceanside Harbor. 

Based on previous monitoring (Merkel 

and Associates, Inc., 2022), an average 

of 6 bottlenose dolphins per day were 

observed with a maximum of 12 

individuals being observed on a single 

day. This higher peak of 12 individuals 

was used to calculate Level B 

harassment for bottlenose dolphin. 

Common Dolphin—Common 

dolphins are generally abundant in the 

outer coastal waters but are not known 

to occur regularly in Oceanside Harbor. 

Based on marine mammal monitoring 

by NAVFAC SW (2015), during El Nin ̃o 

conditions an average of 8.5 common 

dolphins per day (rounded to nine per 

day) were observed in northwest San 

Diego Bay. This expected daily 

individual count was used to calculate 

the take by Level B harassment for 

common dolphins within Oceanside 

Harbor as no local data exists. 

Pacific White-Sided Dolphin—Pacific 

white-sided dolphins are commonly 

seen offshore of southern California but 

are not known to occur regularly in 

Oceanside Harbor. Based on the 

observations presented by NAVFAC SW 

(2015), during El Nin ̃ o conditions an 

average of 0.3 Pacific white-sided 

dolphins per day (rounded to one per 

day) were observed. This expected daily 

individual count was used to calculate 

the Level B harassment for Pacific 

white-sided dolphins. 

California Sea Lion—California sea 

lions are present in Oceanside Harbor 

year-round and numbers vary 

considerably. The daily estimate 

provided by the Oceanside Harbor 

Department is over 100 individuals. 

Limited counts from photographs and 

spot counts average approximately 50 

individuals and are known to be 

incomplete estimates. Based on the 

variability in the number of sea lions 

present in the harbor, an estimate of 100 

sea lions per day was used to estimate 

take. 

Harbor Seal—Based on marine 

mammal monitoring by NAVFAC SW 

(2015), during El Nin ̃ o conditions an 

average of 2.5 harbor seals per day 

(rounded to three per day) were 

observed. This expected daily 

individual count was used to calculate 

the Level B harassment for harbor seals 

in Oceanside Harbor. 

Northern Elephant Seal—Due to 

increasing population size of northern 

elephant seals, presence in the Southern 

California Bight is considered a 

reasonable possibility (Carretta et al., 

2023). Based on marine mammal 

monitoring by NAVFAC SW (2015), an 

average of 0.1 northern elephant seals 

per day (rounded to one per day) were 

observed during El Nin ̃ o conditions. 

This expected daily individual count 

was used to calculate the Level B 

harassment for northern elephant seals 

in Oceanside Harbor. 

Take Estimation 

Here we describe how the information 

provided above is synthesized to 

produce a quantitative estimate of the 

take that is reasonably likely to occur 

and is authorized. 

No take by Level A harassment is 

expected for any species of marine 

mammal due to the small zone sizes for 

most taxa and the low likelihood that an 

animal would approach during in-water 

construction or remain within the Level 

A harassment isopleth long enough to 

incur PTS during the specified 

activities. Planned shutdown zones will 

encompass the extent of the estimated 

Level A harassment isopleths (180 m for 

phocid pinnipeds during impact 

driving, 15 m for all other species and 

activities) and are expected to be 

effective at avoiding Level A harassment 

for all species. Given the locations of 

protected species observers (PSOs) 

described in the Monitoring and 

Reporting section, in conjunction with 

the City of Oceanside’s shutdown 

mitigation measure, NMFS agrees that 

monitoring and shutdown measures are 

likely to be successful at avoiding take 

by Level A harassment. 

Incidental take by Level B harassment 

was estimated for each species by 

multiplying the expected average 

number of individuals per day by the 

number of work days (6 days; table 8). 

Take estimates for each species were 

calculated by multiplying the estimated 

site-specific abundance of each species 

by the area of impact where noise levels 

exceed acoustic thresholds for marine 

mammals during each type of piling 

activity (vibratory removal, vibratory 

driving, impact driving) and pile size 

(16-inch concrete, 18-inch steel, 10-inch 

steel). Estimated daily exposures for 

each species were based on evaluation 

of the potential presence of each marine 

mammal species using recent 


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occurrence data from Oceanside Harbor 

(Merkel and Associates, Inc., 2022; 

Merkel and Associates, Inc., 2023). 

Estimated Take = Expected Average 

Individuals per Day × Number of Work 

Days 

Due to a paucity of marine mammal 

occurrence data within Oceanside 

Harbor, and with the probability of El 

Nin ̃ o conditions persisting throughout 

2024 (https://www.cpc.ncep.noaa.gov/ 

products/analysis_monitoring/enso_

advisory/ensodisc.shtml), four species 

of marine mammal (common dolphin, 

Pacific white-sided dolphin, harbor seal, 

northern elephant seal) that are unlikely 

to occur within a semi-enclosed harbor 

environment were included to account 

for a potential increase in occurrence 

that has been previously documented 

for those species under similar 

climatological conditions (NAVFAC 

SW, 2015). 

TABLE 8—TAKE BY LEVEL B HARASSMENT AUTHORIZED

Common name Scientific 

name Stock 

Expected 

average 

individuals 

per day 

Maximum 

estimated 

Level B 

harassment 

takes 

Estimated 

takes as a 

percentage 

of population 

Bottlenose dolphin 1 ............... Tursiops truncatus ................ California Coastal ................. 12 72 15.9 

Common dolphin (longbeaked) 2.Delphinus capensis .............. California ............................... * 9 * 54 <1 

Common dolphin (shortbeaked) 2.Delphinus delphis ................. California/Oregon/Washington.* 9 * 54 <1 

Pacific white-sided dolphin 2 .. Lagenorhynchus obliquidens California/Oregon/Washington—Northern and 

Southern.

1 6 <1 

California sea lion 3 ................ Zalophus californianus .......... U.S ........................................ 100 600 <1 

Harbor seal 2 .......................... Phoca vitulina richardii ......... California ............................... 3 18 <1 

Northern elephant seal 2 ........ Mirounga angustirostris ........ California breeding ............... 1 6 <1 

1Average daily counts based on observations during Oceanside Harbor Dredging 2022 Project Monitoring, rounded up to nearest individual 

count (Merkel and Associates Inc., 2022). 2Average daily counts based on observations during Year 2 of Navy Base Point Loma’s Fuel Pier Replacement Project Monitoring, rounded up 

to nearest individual count (NAVFAC SW, 2015). 3 Reported high estimate of sea lions observed on pinniped float by Oceanside Harbor District staff. 

* A total of 54 takes are estimated and may be attributed to either long- or short-beaked common dolphin species. 

Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks, and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, NMFS considers two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned), the 

likelihood of effective implementation 

(probability implemented as planned), 

and; 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost, and 

impact on operations. 

The City of Oceanside must ensure 

that construction supervisors and crews, 

the monitoring team, and relevant staff/ 

contractors are trained prior to the start 

of all piling activities so that 

responsibilities, communication 

procedures, monitoring protocols, and 

operational procedures are clearly 

understood. New personnel joining 

during the project must be trained prior 

to commencing work. 

Timing Restrictions 

All piling activities will be conducted 

during daylight hours, generally 

between 45 minutes post-sunrise and 45 

minutes pre-sunset. All piling will 

occur in March 2024 and/or September 

2024 through February 2025, when the 

likelihood of ESA-listed California least 

tern breeding and nesting in the work 

area is minimal, as proposed by the City 

of Oceanside. 

Protected Species Observers 

The placement of PSOs during all pile 

driving activities (described in the 

Monitoring and Reporting section) will 

ensure that the entire shutdown zone is 

visible. Should environmental 

conditions deteriorate such that the 

entire shutdown zone is not visible (e.g., 

fog, heavy rain), pile driving will be 

delayed until the PSO is confident 

marine mammals within the shutdown 

zone can be detected. 

PSOs will monitor the full shutdown 

zones and the Level B harassment zones 

to the extent practicable. Monitoring 

zones provide utility for observing by 

establishing monitoring protocols for 

areas adjacent to the shutdown zones. 

Monitoring zones enable observers to be 

aware of and communicate the presence 

of marine mammals in the project areas 

outside the shutdown zones and thus 

prepare for a potential cessation of 

activity should the animal enter the 

shutdown zone. 

Pre- and Post-Activity Monitoring 

Monitoring will take place from 30 

minutes prior to initiation of pile 

driving activities (i.e., pre-clearance 


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monitoring) through 30 minutes postcompletion of pile driving. Prior to the 

start of daily in-water construction 

activity, or whenever a break in pile 

driving of 30 minutes or longer occurs, 

PSOs will observe the shutdown and 

monitoring zones for a period of 30 

minutes. The shutdown zone will be 

considered cleared when a marine 

mammal has not been observed within 

the zone for a 30-minute period. If a 

marine mammal is observed within the 

shutdown zones listed in table 9, pile 

driving activity will be delayed or 

halted. If work ceases for more than 30 

minutes, the pre-activity monitoring of 

the shutdown zones will commence. A 

determination that the shutdown zone is 

clear must be made during a period of 

good visibility (i.e., the entire shutdown 

zone and surrounding waters must be 

visible to the naked eye). 

Soft-Start Procedures for Impact Driving 

Soft-start procedures 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. If impact pile 

driving is necessary to achieve required 

tip elevation, City of Oceanside staff 

and/or contractors are required to 

provide an initial set of three strikes 

from the hammer at reduced energy, 

followed by a 30-second waiting period, 

then two subsequent reduced-energy 

strike sets. Soft-start will be 

implemented at the start of each day’s 

impact pile driving and at any time 

following cessation of impact pile 

driving for a period of 30 minutes or 

longer. 

Shutdown Zones 

The City of Oceanside must establish 

shutdown zones for all pile driving 

activities. The purpose of a shutdown 

zone is generally to define an area 

within which shutdown of the activity 

will occur upon sighting of a marine 

mammal (or in anticipation of an animal 

entering the defined area). Shutdown 

zones are based upon the Level A 

harassment isopleth for each pile size/ 

type and driving method where 

applicable, as shown in table 6. During 

all in-water piling activities, the City of 

Oceanside plans to implement a 

buffered 15 m shutdown zone, with the 

exception of a 180 m shutdown zone for 

phocids during the use of impact pile 

driving of 18-inch piles. These distances 

exceed the estimated Level A 

harassment isopleths described in table 

6. Adherence to this expanded 

shutdown zone will avoid the potential 

for the take of phocids by Level A 

harassment during impact pile driving. 

For pile driving, the radii of the 

shutdown zones are rounded to the next 

largest 10 m interval in comparison to 

the Level A harassment isopleth for 

each activity type. If a marine mammal 

is observed entering, or detected within, 

a shutdown zone during pile driving 

activity, the activity must be stopped 

until there is visual confirmation that 

the animal has left the zone or the 

animal is not sighted for a period of 15 

minutes. Shutdown zones for each 

activity type are shown in table 9. 

All marine mammals will be 

monitored in the Level B harassment 

zones and throughout the area as far as 

visual monitoring can take place. If a 

marine mammal enters the Level B 

harassment zone, in-water activities will 

continue and PSOs will document the 

animal’s presence within the estimated 

harassment zone. 

TABLE 9—SHUTDOWN AND HARASSMENT ZONES

Activity Method Pile size (inch), material 

Shutdown 

zone for MF 

(m) 

Shutdown 

zone for PW 

(m) 

Shutdown 

zone for OW 

(m) 

Harassment 

zone 

(m) 

Extraction ...................... Vibratory ...................... 16, concrete ................ 15 15 15 7,360 

Installation .................... Vibratory ...................... 18, steel ...................... 15 15 15 3,420 

Installation .................... Impact ......................... 18, steel ...................... 15 180 15 100 

Installation .................... Vibratory ...................... 10, steel ...................... 15 15 15 2,160 

Based on our evaluation of the City of 

Oceanside’s planned measures, NMFS 

has determined that the planned 

mitigation measures provide the means 

of effecting the least practicable impact 

on the affected species or stocks and 

their habitat, paying particular attention 

to rookeries, mating grounds, and areas 

of similar significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

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

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present while conducting the activities. 

Effective reporting is critical both to 

compliance as well as ensuring that the 

most value is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

activity; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

Marine mammal monitoring must be 

conducted in accordance with the 

conditions in this section and this IHA. 

Marine mammal monitoring during pile 

driving activities will be conducted by 

two PSOs meeting NMFS’ standards and 


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in a manner consistent with the 

following: 

• PSOs must be independent of the 

activity contractor (for example, 

employed by a subcontractor) and have 

no other assigned tasks during 

monitoring periods; 

• At least one PSO will have prior 

experience performing the duties of a 

PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization; 

• Other PSOs may substitute other 

relevant experience, education (degree 

in biological science or related field), or 

training for prior experience performing 

the duties of a PSO during construction 

activity pursuant to a NMFS-issued 

incidental take authorization; 

• Where a team of three or more PSOs 

is required, a lead observer or 

monitoring coordinator must be 

designated. The lead observer must have 

prior experience performing the duties 

of a PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization; and 

• PSOs must be approved by NMFS 

prior to beginning any activity subject to 

the IHA. 

PSOs should have the following 

additional qualifications: 

• Ability to conduct field 

observations and collect data according 

to assigned protocols; 

• Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

• Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

• Writing skills sufficient to prepare a 

report of observations including but not 

limited to the number and species of 

marine mammals observed; dates and 

times when in-water construction 

activities were conducted; dates, times, 

and reason for implementation of 

mitigation (or why mitigation was not 

implemented when required); and 

marine mammal behavior; and 

• Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

The City of Oceanside will have two 

PSOs stationed at the best possible 

vantage points in the project area to 

monitor during all pile driving 

activities. Monitoring will occur from 

elevated locations along the shoreline 

where the entire shutdown zones are 

visible. PSOs will be equipped with 

high quality binoculars for monitoring 

and radios or cells phones for 

maintaining contact with work crews. 

Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after all in-water construction activities. 

In addition, PSOs will record all 

incidents of marine mammal 

occurrence, regardless of distance from 

activity, and will document any 

behavioral reactions in concert with 

distance from piles being driven or 

removed. Pile driving activities include 

the time to install or remove a single 

pile or series of piles, as long as the time 

elapsed between uses of the pile driving 

equipment is no more than 30 minutes. 

Reporting 

The City of Oceanside will provide 

the following reporting as necessary 

during active pile driving activities: 

• The applicant will report any 

observed injury or mortality as soon as 

feasible and in accordance with NMFS’ 

standard reporting guidelines. Reports 

will be made by phone (866–767–6114) 

and by email 

(PR.ITP.MonitoringReports@noaa.gov) 

and will include the following: 

Æ Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

Æ Species identification (if known) or 

description of the animal(s) involved; 

Æ Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

Æ Observed behaviors of the 

animal(s), if alive; 

Æ If available, photographs or video 

footage of the animal(s); and 

Æ General circumstances under which 

the animal was discovered; 

• An annual report summarizing the 

prior year’s activities will be provided 

that fully documents the methods and 

monitoring protocols, summarizes the 

data recorded during monitoring, 

estimates the number of listed marine 

mammals that may have been 

incidentally taken during project pile 

driving, and provides an interpretation 

of the results and effectiveness of all 

monitoring tasks. The annual draft 

report will be provided no later than 90 

days following completion of 

construction activities. Any 

recommendations made by NMFS will 

be addressed in the final report, due 

after the IHA expires and including a 

summary of all monitoring activities, 

prior to acceptance by NMFS. Final 

reports will follow a standardized 

format for PSO reporting from activities 

requiring marine mammal mitigation 

and monitoring; and 

• All PSOs will use a standardized 

data entry format (see Monitoring Plan). 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

as an impact resulting from the 

specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

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

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any impacts or responses (e.g., 

intensity, duration), the context of any 

impacts or responses (e.g., critical 

reproductive time or location, foraging 

impacts affecting energetics), as well as 

effects on habitat, and the likely 

effectiveness of the mitigation. We also 

assess the number, intensity, and 

context of estimated takes by evaluating 

this information relative to population 

status. Consistent with the 1989 

preamble for NMFS’ implementing 

regulations (54 FR 40338, September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the baseline (e.g., as 

reflected in the regulatory status of the 

species, population size and growth rate 

where known, ongoing sources of 

human-caused mortality, or ambient 

noise levels). 

To avoid repetition, the discussion of 

our analysis applies to all species listed 

in table 2, given that the anticipated 

effects of the construction activities on 

these different marine mammal stocks 

are expected to be similar. There is little 

information about the nature or severity 

of the impacts, or the size, status, or 

structure of any of these species or 

stocks that would lead to a different 

analysis for these activities. 

Level A harassment is extremely 

unlikely for any species given the small 

size of the Level A harassment isopleths 

and the required mitigation measures 

designed to minimize the possibility of 

injury to marine mammals (see 

Mitigation section). No mortality or 

serious injury is anticipated given the 

nature of the activity. 

Pile installation and removal 

activities are likely to result in the Level 

B harassment of marine mammals that 

move into the ensonified area, primarily 


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in the form of disturbance or 

displacement of marine mammals. 

Take would occur within a limited, 

confined area of each stock’s range. 

Level B harassment will be reduced to 

the level of least practicable adverse 

impact through use of mitigation 

measures described herein. Further, the 

amount of take authorized is extremely 

small when compared to stock 

abundance. 

No marine mammal stocks for which 

incidental take is authorized are listed 

as threatened or endangered under the 

ESA or determined to be strategic or 

depleted under the MMPA. The 

relatively low marine mammal 

occurrences in the area, small shutdown 

zones, and planned monitoring make 

injury takes of marine mammals 

unlikely. The shutdown zones will be 

thoroughly monitored before vibratory 

pile installation and removal begins, 

and construction activities will be 

postponed if a marine mammal is 

sighted within the shutdown zone. 

There is a high likelihood that marine 

mammals will be detected by PSOs 

under environmental conditions 

described for the project. Limiting 

construction activities to daylight hours 

will also increase detectability of marine 

mammals in the area. Therefore, the 

planned mitigation and monitoring 

measures are expected to eliminate the 

potential for injury and Level A 

harassment as well as reduce the 

amount and intensity for Level B 

behavioral harassment. Furthermore, the 

pile installation and removal activities 

analyzed here are similar to, or less 

impactful than, numerous construction 

activities conducted in other similar 

locations which have occurred with no 

reported injuries or mortality to marine 

mammals, and no known long-term 

adverse consequences from behavioral 

harassment. 

Anticipated and authorized takes are 

expected to be limited to short-term 

Level B harassment (behavioral 

disturbance) as construction activities 

will occur over the course of 5–6 

months. Effects on individuals taken by 

Level B harassment, based upon reports 

in the literature as well as monitoring 

from other similar activities, may 

include increased swimming speeds, 

increased surfacing time, or decreased 

foraging (e.g., NAVFAC SW, 2018). 

Individual animals, even if taken 

multiple times, would likely move away 

from the sound source and be 

temporarily displaced from the area due 

to elevated noise level during pile 

removal. There are no known feeding or 

other biologically important areas (BIAs) 

for any species in or near the project 

area (Ferguson et al., 2015). Marine 

mammals could also experience TTS if 

they move into the Level B harassment 

monitoring zone. TTS is a temporary 

loss of hearing sensitivity when exposed 

to loud sound and, given the likely 

levels and duration of exposure to pile 

driving, any shift of the hearing 

threshold is expected to recover 

completely within minutes to hours. 

While TTS could occur, it is not 

considered a likely outcome of this 

activity. 

Given the limited number of total 

predicted exposures, no individual 

marine mammals of any species, with 

the possible exception of California sea 

lions, are expected to be taken on more 

than a few days during the construction 

activities. California sea lions are 

relatively common in the area and 

potential takes would likely involve sea 

lions loafing on, or in the vicinity of, 

physical structures or moving through 

the area en route to foraging areas or 

structures where they haul out. 

Relocation of the float where they 

frequently haul out is expected to 

reduce both the number of sea lions 

present in the area during construction 

and also the likelihood that they may be 

repeatedly impacted. 

The project is not expected to have 

significant adverse effects on marine 

mammal habitat. There is no ESAdesignated critical habitat within the 

project area, and the planned activities 

will not permanently modify existing 

marine mammal habitat. The activities 

may cause fish to leave the area 

temporarily which could impact marine 

mammals’ foraging opportunities in a 

limited portion of the foraging range. 

However, due to the short duration of 

the planned activities and the relatively 

small area of affected habitat, the 

impacts to marine mammal habitat are 

not expected to cause significant or 

long-term negative consequences. 

In combination, we believe that these 

factors, as well as the available body of 

evidence from other similar activities, 

demonstrate that the potential effects of 

the specified activities will have only 

minor, short-term effects on individuals. 

The specified activities are not expected 

to impact reproduction or survival of 

any individual marine mammals, much 

less affect rates of recruitment or 

survival and will therefore not result in 

population-level impacts. 

In summary and as described above, 

the following factors primarily support 

our determination that the impacts 

resulting from this activity are not 

expected to adversely affect any of the 

species or stocks through effects on 

annual rates of recruitment or survival: 

• No serious injury or mortality, or 

Level A harassment, is anticipated or 

authorized; 

• The specified activities are of a very 

short duration and associated ensonified 

areas are very small relative to the 

overall habitat ranges of both species; 

• The project area does not overlap 

with known BIAs or ESA-designated 

critical habitat; 

• Significant or long-term effects to 

marine mammal habitat are not 

anticipated; and 

• Mitigation measures are expected to 

reduce the effects of the specified 

activity to the level of least practicable 

adverse impact. 

Based on the analysis contained 

herein of the likely effects of the 

specified activities 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 will have 

a negligible impact on all affected 

marine mammal species or stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (D) of the MMPA for 

specified activities other than military 

readiness activities. The MMPA does 

not define small numbers and so, in 

practice, where estimated numbers are 

available, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The amount of take NMFS has 

authorized is below one-third of the 

estimated stock abundances for all 

seven species (see table 8). For all but 

one species, the authorized take of 

individuals is less than 1 percent of the 

abundance of the affected stock (with 

the exception for bottlenose dolphins at 

less than 16 percent). This is likely a 

conservative estimate because it 

assumes all takes are of different 

individual animals, which is likely not 

the case. Some individuals may return 

multiple times in a day, but PSOs will 

count them as separate takes if they 

cannot be individually identified. 


khammond on DSKJM1Z7X2PROD with NOTICES
2212 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices 

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 would be 

taken relative to the population size of 

the affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the ESA of 1973 (16 

U.S.C. 1531 et seq.) requires that each 

Federal agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

No incidental take of ESA-listed 

species is authorized for this activity. 

Therefore, NMFS has determined that 

formal consultation under section 7 of 

the ESA is not required for this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

IHA) with respect to potential impacts 

on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NAO 216– 

6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has determined that the issuance 

of this IHA qualifies to be categorically 

excluded from further NEPA review. 

Authorization 

NMFS has issued an IHA to the City 

of Oceanside for the potential 

harassment of small numbers of seven 

marine mammal species incidental to 

construction activities in Oceanside 

Harbor, Oceanside, CA, that includes 

the previously explained mitigation, 

monitoring, and reporting requirements. 

Dated: January 8, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–00485 Filed 1–11–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Vessel Monitoring System 

Requirements for the Pacific Islands 

Fisheries 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on September 

1, 2023, during a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

Agency: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

Title: Vessel Monitoring System 

Requirements for the Pacific Islands 

Fisheries. 

OMB Control Number: 0648–0441. 

Form Number(s): None. 

Type of Request: Regular submission. 

Extension of a current information 

collection. 

Number of Respondents: 69. 

Average Hours per Response: 4 hours 

for installation of a VMS unit; 2 hours 

for VMS unit replacement, and 1.5 

hours for annual maintenance. 

Total Annual Burden Hours: 131. 

Needs and Uses: This request is for 

extension of a currently approved 

information collection. National 

Oceanic and Atmospheric 

Administration (NOAA) Fisheries, 

Pacific Islands Region, and the NOAA 

Office of Law Enforcement (OLE), 

Pacific Islands Division, collect vessel 

tracking information through a Vessel 

Monitoring System (VMS). The 

authority for this collection is specified 

at 50 CFR 665.19. 

As part of fishery ecosystem plans 

developed under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

owners of commercial fishing vessels in 

the Hawaii pelagic longline fishery, 

American Samoa pelagic longline 

fishery (only vessels longer than 50 

feet), Northwestern Hawaiian Islands 

lobster fishery (currently inactive), and 

Northern Mariana Islands bottomfish 

fishery (only vessels longer than 40 feet) 

must allow NOAA to install VMS units 

on their vessels when directed by OLE 

personnel. VMS units automatically 

send periodic reports on the position of 

the vessel to OLE. NOAA uses the 

reports to monitor the vessel’s location 

and activities, primarily to enforce 

regulated fishing areas. NOAA pays for 

all costs related to the VMS systems for 

the aforementioned fisheries. There is 

no public burden for the automatic 

messaging; however, VMS installation 

and maintenance are considered public 

burden. Aside from updates to the 

burden estimates, there are no changes 

to the collection. 

Affected Public: Business or other forprofit organizations; individuals or 

households. 

Frequency: On occasion. 

Respondent’s Obligation: Mandatory 

Legal Authority: 50 CFR 665.19 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0648–0441. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2024–00579 Filed 1–11–24; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with NOTICES