Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 5865 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in U.S. waters of the Gulf of 

Mexico (GOM) over the course of 5 

years (86 FR 5322; January 19, 2021). 

The rule was based on our findings that 

the total taking from the specified 

activities over the 5-year period will 

have a negligible impact on the affected 

species or stock(s) of marine mammals 

and will not have an unmitigable 

adverse impact on the availability of 

those species or stocks for subsistence 

uses. The rule became effective on April 

19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request 

On September 27, 2023, NMFS issued 

an LOA to TGS (88 FR 68106, October 

3, 2023) to take marine mammals 

incidental to a three-dimensional (3D) 

ocean bottom node (OBN) survey in the 

Green Canyon, Ewing Bank, and 

Atwater Valley protraction areas, 

including approximately 380 lease 

blocks. Approximate water depths of the 

survey area range from 150 to 2,000 

meters (m). See section F of the LOA 

application for a map of the area. 

Additional description of the planned 

survey, as well as analysis related to the 

issuance of that LOA, is available in 

TGS’ LOA application and the 

aforementioned Federal Register notice 

of issuance. 

On December 20, 2023, TGS requested 

the transfer of the LOA to its partner in 

the planned survey effort 

(WesternGeco). WesternGeco confirmed 

to NMFS that it similarly requested 

transfer of the LOA. With the transfer of 

the LOA, WesternGeco agrees to comply 

with the associated terms, conditions, 

stipulations, and restrictions of the 

original LOA. No other changes were 

requested. The revised LOA remains 

effective through September 28, 2024. 

The revised LOA sets forth only a 

change in the LOA holder’s name. There 

are no other changes to the LOA as 

described in the October 3, 2023, 

Federal Register notice of issuance (88 

FR 68106): the specified activity; 

estimated take by incidental 

harassment; and small numbers analysis 

and determination; and the period of 

effectiveness remain unchanged and are 

herein incorporated by reference. 

Authorization 

NMFS is changing the name of the 

holder of the LOA from ‘‘TGS’’ to 

‘‘WesternGeco’’. 

Dated: January 24, 2024. 

Catherine Marzin, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2024–01743 Filed 1–29–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD639] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Pacific Gas & 

Electric Sediment Remediation Project, 

San Francisco Bay 

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 

Pacific Gas & Electric (PG&E) to 

incidentally harass marine mammals 

during construction activities associated 

with a sediment remediation project in 

San Francisco Bay. 

DATES: The authorization is effective 

from May 1, 2024 to April 30, 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-pacific-gas-electricsediment-remediation-project-san. In 

case of problems accessing these 

documents, please call the contact listed 

below. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Jacobus, 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 4, 2023, NMFS received a 

request from PG&E for an IHA to take 

marine mammals incidental to a 

Sediment Remediation Project in 

Remedial Response Areas A and B, Piers 


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39 to 431⁄2, San Francisco Bay. 

Following NMFS’ review of the 

application, PG&E submitted additional 

information on July 25, 2023 and 

September 26, 2023 and subsequently 

submitted a revised application on 

November 16, 2023, which was deemed 

adequate and complete. PG&E’s request 

is for take of seven species (eight stocks) 

of marine mammals by Level B 

harassment only. Neither PG&E 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. 

This IHA will cover 1 year of a larger 

project for which PG&E intends to 

request take authorization for 

subsequent facets of the project if 

necessary. The larger 5 to 7 year project 

involves construction to remediate 

contaminated sediment. 

Description of Activity 

Overview 

PG&E is remediating sediments 

impacted with polycyclic aromatic 

hydrocarbons (PAHs) in San Francisco 

Bay around the area offshore of Pier 

431⁄2 to the east of Pier 45 and offshore 

area of Pier 43. The Project is expected 

to occur over a period of 5 to 7 years, 

and this IHA will authorize take 

associated with Year 1 only. PG&E 

expects that Year 1 will include 

installation of hydroacoustic data 

collection piles; installation of piles to 

attach a turbidity curtain; dredging of 

impacted sediment; installation of 

sediment pins to promote slope 

stability; capping of impacted sediment 

to be left in place; placement of 

armoring as needed; and temporary 

relocation of the Red and White Fleet 

(RWF). The project’s planned activities 

that have the potential to take marine 

mammals, by Level B only, include 

impact installation and vibratory 

removal of composite piles; vibratory 

installation and removal of H-piles or 

steel shell piles less than or equal to 24 

inches (61 cm) in diameter; vibratory 

installation and removal of 36-inch steel 

guide piles; vibratory and impact 

installation of 24-inch steel fender piles; 

vibratory removal of the 24-inch fender 

piles; and vibratory and impact 

installation of timber piles. In-water 

construction is expected to occur over 

50 non-consecutive days over 1 year. 

A detailed description of the planned 

construction project is provided in the 

Federal Register noticed for the 

proposed IHA (88 FR 82836, November 

27, 2023). Since that time, no changes 

have been made to the planned 

activities. Therefore, a detailed 

description is not provided here. Please 

refer to that Federal Register notice for 

the description of the specific activity. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to PG&E was published in the 

Federal Register on November 27, 2023 

(88 FR 82836). That notice described, in 

detail, PG&E’s activity, the marine 

mammal species that may be affected by 

the activity, and the anticipated effects 

on marine mammals. In that notice, we 

requested public input on the request 

for authorization described therein, our 

analyses, the proposed authorization, 

and any other aspect of the notice of 

proposed IHA, and requested that 

interested persons submit relevant 

information, suggestions, and 

comments. 

During the 30-day public comment 

period, NMFS received comments from 

Turtle Island Restoration Network 

(TIRN) and a letter from the U.S. 

Geological Survey stating that they had 

no comments. In addition, a comment 

was received from a private citizen 

expressing general opposition to PG&E, 

which is not related to NMFS’ proposed 

action. All relevant, substantive 

comments, and NMFS’ responses, are 

provided below. The comments and 

recommendations are available online 

at: https://www.fisheries.noaa.gov/ 

action/incidental-take-authorizationpacific-gas-electric-sedimentremediation-project-san. Please see the 

comment submission for full details 

regarding the recommendations and 

supporting rationale. 

Comment 1: TIRN asserts that NMFS 

failed to adequately consider the 

potential for delayed mortality of 

marine mammals or the potential longterm impacts of underwater noise on the 

ecosystem as a whole, and states that 

NMFS ‘‘must require PG&E to submit a 

request for authorization of incidental 

Level A harassment takes of marine 

mammals.’’ 

Response: We first note that TIRN 

conflates take by Level A harassment 

and mortality and serious injury. As 

defined by the MMPA, Level A 

harassment means ‘‘any act of pursuit, 

torment, or annoyance which has the 

potential to injure a marine mammal or 

marine mammal stock in the wild’’ (16 

U.S.C. 1362(18)(A)). Serious injury is 

defined as ‘‘any injury that will likely 

result in mortality’’ under NMFS’ 

MMPA implementing regulations (50 

CFR 216.3). Level A harassment does 

not include serious injury or mortality, 

and serious injury or mortality cannot 

be authorized through an IHA. 

NMFS acknowledges that pile driving 

can impact marine mammals’ ability to 

detect prey and can impact marine 

mammal prey in the vicinity of the 

project area, as discussed in the Federal 

Register notice for the proposed IHA (88 

FR 82836, November 27, 2023). 

However, NMFS expects these effects to 

be temporary and disagrees that these 

impacts are likely to result in long-term 

disruption or result in delayed 

mortality. TIRN suggests, without 

evidence, that the specified activity is 

likely to reduce the ability for marine 

mammals to hunt to the extent that such 

behavioral effects may lead to delayed 

mortality. Any effects to marine 

mammals’ ability to hunt or detect prey 

are expected to be temporary, e.g., on 

the order of minutes to hours, due to 

marine mammals’ transient nature, 

likelihood to avoid disturbance, the 

short duration of construction, and the 

mitigation used which will reduce 

marine mammals’ exposure to pile 

driving noise. Mortality can result if 

marine mammal foraging behavior is 

impeded, but such an extreme result 

would require complete cessation of 

foraging over an extended period of 

time. There is no potential for such 

impacts to result from this activity given 

the short durations over which bouts of 

activity will occur and unimpeded 

access to other areas of equal foraging 

value. The most likely impact to fishes 

from pile driving are expected to be 

temporary behavioral avoidance, and 

any behavioral avoidance by fish of the 

disturbed area would still leave 

significantly large potential areas in the 

nearby vicinity for marine mammals to 

forage. Further discussion of the 

expected short-term impacts to marine 

mammals and prey can be found in the 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

in the Federal Register notice for the 

proposed IHA (88 FR 82836, November 

27, 2023). 

NMFS disagrees that long-term 

disruptions and delayed mortality of 

marine mammals are likely to occur as 

a result of PG&E’s project and, therefore, 

authorization of Level A harassment or 

serious injury or mortality is not 

appropriate. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history of the potentially 

affected species. 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’ 


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Stock Assessment Reports (SARs; 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessments) 

and more general information about 

these species (e.g., physical and 

behavioral descriptions) may be found 

on NMFS’ website (https://www.

fisheries.noaa.gov/find-species). 

Table 1 lists all species or stocks for 

which take is expected and 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 and Alaska SARs. 

All values presented in table 1 are the 

most recent available at the time of 

publication and are available online at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessments. 

TABLE 1—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

Family Delphinidae: 

Bottlenose dolphin ........... Tursiops truncatus .................. Coastal California ................... -,-,N 453 (0.06, 346, 2011) ............ 2.7 ≥2.0 

Family Phocoenidae (porpoises): 

Harbor porpoise ............... Phocoena phocoena .............. San Francisco-Russian River -,-,N 7,777 (0.62, 4811, 2017) ....... 73 ≥0.4 

Order Carnivora—Pinnipedia 

Family Otariidae (eared seals 

and sea lions): 

California Sea Lion ........... Zalophus californianus ........... United States .......................... -,-,N 257,606 (N/A, 233,515, 2014) 14,011 ≥321 

Northern Fur Seal ............ Callorhinus ursinus ................. California ................................ -,-,N 14,050 (0.03, 7,524, 2013) .... 451 1.8 

Northern Fur Seal ............ Callorhinus ursinus ................. Eastern North Pacific ............. -, D, Y 626,618 (0.2, 530,376, 2021) 11,403 373 

Steller Sea Lion ................ Eumetopias jubatus ................ Eastern North Pacific ............. -,-,N 43,201 (N/A, 43,201, 2017) ... 2,592 112 

Family Phocidae (earless 

seals): 

Harbor Seal ...................... Phoca vitulina ......................... California ................................ -,-,N 30,968 (N/A, 27,348, 2014) ... 1,641 43 

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)). 2Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the 

ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or 

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

designated under the MMPA as depleted and as a strategic stock. 3 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports. 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. 

As indicated above, all seven species 

(with eight managed stocks) in table 1 

temporally and spatially co-occur with 

the activity to the degree that take is 

reasonably likely to occur. Gray whales 

and humpback whales rarely enter the 

Bay but may occasionally pass offshore 

of the Project Area. However, if either of 

these species are to approach the Level 

B harassment zone construction will be 

shutdown. Therefore, no take is 

expected of these species, and these 

species will not be discussed further. 

A detailed description of the of the 

species likely to be affected by the 

sediment remediation 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 82836, November 27, 2023); 

since that time, we are not aware of any 

changes in the status of these species 

and stocks; therefore, detailed 

descriptions are not provided here. 

Please refer to that Federal Register 

notice for these descriptions. Please also 

refer to NMFS’ website (https://www.

fisheries.noaa.gov/find-species) for 

generalized species accounts. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

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 


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composite audiograms, with the 

exception for lower limits for lowfrequency cetaceans where the lower 

bound was deemed to be biologically 

implausible and the lower bound from 

Southall et al. (2007) retained. Marine 

mammal hearing groups and their 

associated hearing ranges are provided 

in table 2. 

TABLE 2—MARINE MAMMAL HEARING GROUPS

[NMFS, 2018] 

Hearing group Generalized 

hearing range * 

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

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

High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus 

cruciger & L. australis).

275 Hz to 160 kHz. 

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

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

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

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

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

The pinniped functional hearing 

group was modified from Southall et al. 

(2007) on the basis of data indicating 

that phocid species have consistently 

demonstrated an extended frequency 

range of hearing compared to otariids, 

especially in the higher frequency range 

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

2009; Reichmuth and Holt, 2013). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of underwater noise from 

PG&E’s sediment remediation activities 

have the potential to result in behavioral 

harassment of marine mammals in the 

vicinity of the project area. The notice 

of proposed IHA (88 FR 82836, 

November 27, 2023) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from PG&E’s 

construction on marine mammals and 

their habitat. That information and 

analysis is incorporated by reference 

into this final IHA determination and is 

not repeated here; please refer to the 

notice of proposed IHA (88 FR 82836, 

November 27, 2023). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through the IHA, which will 

inform both NMFS’ consideration of 

‘‘small numbers,’’ and the negligible 

impact determinations. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of the 

MMPA defines ‘‘harassment’’ as any act 

of pursuit, torment, or annoyance, 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild (Level A harassment); 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 

of behavioral patterns, including, but 

not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

(Level B harassment). 

Authorized takes will be by Level B 

harassment only, in the form of 

disruption of behavioral patterns and/or 

temporary threshold shift (TTS) for 

individual marine mammals resulting 

from exposure to vibratory and impact 

pile driving. Based on the nature of the 

activity and the anticipated 

effectiveness of the mitigation measures 

(i.e., shutdown) discussed in detail 

below in the Mitigation section, Level A 

harassment is neither anticipated nor 

authorized. 

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 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, 2021; Ellison 

et al., 2012). Based on what the 

available science indicates and the 

practical need to use a threshold based 

on a metric that is both predictable and 

measurable for most activities, NMFS 

typically uses a generalized acoustic 

threshold based on received level to 

estimate the onset of behavioral 

harassment. NMFS generally predicts 

that marine mammals are likely to be 

behaviorally harassed in a manner 

considered to be Level B harassment 

when exposed to underwater 

anthropogenic noise above root-meansquared pressure received levels (RMS 

SPL) of 120 dB (referenced to 1 

micropascal (re 1 mPa)) for continuous 

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

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


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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 TTS as, in most cases, 

the likelihood of TTS occurs at 

distances from the source less than 

those at which behavioral harassment is 

likely. TTS of a sufficient degree can 

manifest as behavioral harassment, as 

reduced hearing sensitivity and the 

potential reduced opportunities to 

detect important signals (conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

PG&E’s activity includes the use of 

continuous (vibratory pile driving) and 

impulsive (impact pile driving) sources, 

and therefore the RMS SPL thresholds 

of 120 and 160 dB re 1 mPa are 

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). PG&E’s activity includes the 

use of impulsive (impact pile driving) 

and non-impulsive (vibratory pile 

driving) sources. 

These thresholds are provided in the 

table below. The references, analysis, 

and methodology used in the 

development of the thresholds are 

described in NMFS’ 2018 Technical 

Guidance, which may be accessed at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-acoustic-technicalguidance. 

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset acoustic thresholds * 

(received level) 

Impulsive Non-impulsive 

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

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

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

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

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

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

Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat 

weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The 

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

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

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that are used in estimating the area 

ensonified above the acoustic 

thresholds, including source levels and 

transmission loss coefficient. 

The sound field in the project area is 

the existing background noise plus 

additional construction noise from the 

project. Marine mammals are expected 

to be affected via sound generated by 

the primary components of the project 

(i.e., pile driving and removal). 

The project includes vibratory pile 

installation and removal and impact 

pile driving. Source levels for these 

activities are based on reviews of 

measurements of the same or similar 

types and dimensions of piles available 

in the literature. Source levels for each 

pile size and activity are presented in 

table 4. Source levels for vibratory 

installation and removal of piles of the 

same diameter are conservatively 

assumed to be the same. 

The majority of source levels were 

selected from a single source, as shown 

in table 4 below. For the vibratory 

installation of 36-inch steel shell piles 

and vibratory installation of timber 

piles, NMFS determined it appropriate 

to use an average of source levels. 

NMFS reviewed all available monitoring 

reports of vibratory driving of 36-inch 

steel piles in San Francisco Bay (Gast 

&Associated Environmental 

Consultants, 2021, 2023; Illingworth & 

Rodkin, 2018, 2020). Averaging of 

sound levels was performed by first 

converting from dB to linear units of 

pressure (Pascals [Pa]), averaging, and 

converting back to dB. The mean RMS 

level at 10 meters (m) for San Francisco 

Bay was approximately 168 dB re 1 mPa 

RMS. Therefore, NMFS has selected this 

average value as the most appropriate 

value for vibratory driving of 36-inch 

steel pipe piles during the project. With 

regard to vibratory installation of timber 

piles, there are limited data available, 

and none from San Francisco Bay. 

Therefore, NMFS evaluated all available 

timber pile data (three projects from 

Puget Sound, WA, and one project from 

Norfolk, VA) (Greenbusch Group, 2018; 

Illingworth and Rodkin, 2017; Laughlin, 

2011; U.S. Navy, 2016) and calculated 

the mean and maximum RMS values for 

each project and for all projects 

together. The overall mean RMS value 

was approximately 158 dB re 1 mPa 

RMS. NMFS therefore selected this as 

an appropriate proxy value for vibratory 

driving of timber piles during the 

project. 

TABLE 4—SOUND SOURCE LEVELS FOR PILE DRIVING ACTIVITIES 1

Pile type Method 

Peak sound 

pressure (dB 

re 1 μPa) 

RMS (dB re 1 

μPa) 

SEL (dB re 1 

μPa2 sec) Source 

Hydroacoustic Data Collection 

18-inch composite/plastic ................. Impact Install .................................... 185 160 150 Caltrans, 2020; extrapolated from 

13-inch composite. 


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TABLE 4—SOUND SOURCE LEVELS FOR PILE DRIVING ACTIVITIES 1—Continued 

Pile type Method 

Peak sound 

pressure (dB 

re 1 μPa) 

RMS (dB re 1 

μPa) 

SEL (dB re 1 

μPa2 sec) Source 

18-inch composite/plastic ................. Vibratory Removal ........................... N/A 152 N/A WSDOT, 2012; 13-inch composite 

used as proxy. 

Turbidity Curtain 

Steel H-Pile ...................................... Vibratory Install and Removal .......... N/A 143 N/A Caltrans, 2020. 

Steel Shell Pile ≤24-inches .............. Vibratory Install and Removal .......... N/A 153 N/A Caltrans, 2020; 24-inch pipe pile 

used as proxy. 

RWF Relocation 

24-inch steel shell ............................ Vibratory Installation and Removal .. N/A 153 N/A Caltrans, 2020. 

24-inch steel shell ............................ Impact Installation 2 .......................... 208 193 178 Illingworth & Rodkin, Inc. 2014. 

36-inch steel shell ............................ Vibratory Installation and Removal .. N/A 168 N/A Gast & Associated Environmental 

Consultants, 2021, 2023; 

Illingworth and Rodkin, 2018, 

2020. See explanation above. 

Slope Stabilization 

14 to 16 inch Timber ........................ Vibratory ........................................... N/A 158 N/A Greenbusch Group, 2018; 

Illingworth and Rodkin, 2017; 

Laughlin, 2011; U.S. Navy 2016. 

See explanation above. 

14 to 16 inch Timber ........................ Impact .............................................. 184 157 145 Caltrans, 2020. 

14 to 16-inch Composite .................. Vibratory ........................................... N/A 152 N/A WSDOT, 2012. 13-inch composite 

used as proxy. 

14 to 16-inch Composite .................. Impact .............................................. 177 153 145 Caltrans, 2020. 

1All values are at 10 m from the source. 

2PG&E will use a bubble curtain attenuation system for impact pile driving of the RWF 24-inch steel shell piles, and we conservatively assumes a 5 dB reduction in 

source level from those presented here due to use of the attenuation system. 

Level B Harassment Zones— 

Transmission loss (TL) is the decrease 

in acoustic intensity as an acoustic 

pressure wave propagates out from a 

source. TL parameters vary with 

frequency, temperature, sea conditions, 

current, source and receiver depth, 

water depth, water chemistry, and 

bottom composition 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. As is common practice in 

coastal waters, here we assume practical 

spreading (4.5 dB reduction in sound 

level for each doubling of distance) for 

all impact and vibratory installation and 

removal of piles with the exception of 

vibratory installation and removal of the 

36-inch steel pipe piles in the RWF 

Relocation. Illingworth & Rodkin 

conducted hydro-acoustic monitoring 

for the 2017 WETA Downtown San 

Francisco Ferry Terminal Expansion 

Project and calculated a TL coefficient 

of 18.7 for vibratory installation of 36- 

inch steel shell piles (Illingworth & 

Rodkin, 2018). Given the proximity to 

the project area, PG&E determined that 

18.7 was an appropriate transmission 

coefficient to use for the vibratory 

installation of the 36-inch steel shell 

pile, and NMFS concurs. 

The ensonified area associated with 

Level A harassment is more technically 

challenging to predict due to the need 

to account for a duration component. 

Therefore, NMFS developed an optional 

User Spreadsheet tool to accompany the 

Technical Guidance that can be used to 

relatively simply predict an isopleth 

distance for use in conjunction with 

marine mammal density or occurrence 

to help predict potential takes. We note 

that because of some of the assumptions 

included in the methods underlying this 

optional tool, we anticipate that the 

resulting isopleth estimates are typically 

going to be overestimates of some 

degree, which may result in an 

overestimate of potential take by Level 

A harassment. However, this optional 

tool offers the best way to estimate 

isopleth distances when more 

sophisticated modeling methods are not 

available or practical. For stationary 

sources such as pile driving, 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. Source levels are 

provided above in table 4. Inputs used 

in the optional User Spreadsheet tool 

are provided below in table 5. Resulting 

estimated Level A and B harassment 

isopleths are provided in table 6. 

TABLE 5—USER SPREADSHEET INPUTS (SOURCE LEVELS PROVIDED IN TABLE 4) 

Pile type Method Duration Piles/day 

Hydroacoustic Data Collection 

18-inch composite/plastic ........................ Impact Install ........................................... 400 strikes/pile ........................................ 10 

18-inch composite/plastic ........................ Vibratory Removal ................................... 20 minutes ............................................... 10 


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TABLE 5—USER SPREADSHEET INPUTS (SOURCE LEVELS PROVIDED IN TABLE 4)—Continued 

Pile type Method Duration Piles/day 

Turbidity Curtain 

Steel H-Pile .............................................. Vibratory .................................................. 10 minutes ............................................... 4 

Steel Shell Pile ≤24-inches ..................... Vibratory .................................................. 10 minutes ............................................... 4 

RWF Relocation 

24-inch steel shell .................................... Vibratory .................................................. 10 minutes ............................................... 4 

24-inch steel shell .................................... Impact ...................................................... 400 strikes/pile ........................................ 4 

36-inch steel shell .................................... Vibratory .................................................. 20 minutes ............................................... 4 

Sediment Pin Installation 

Timber ...................................................... Vibratory .................................................. 20 minutes ............................................... 20 

Timber ...................................................... Impact ...................................................... 400 strikes/pile ........................................ 20 

14 to16-inch Composite .......................... Vibratory .................................................. 20 minutes ............................................... 10 

14 to 16-inch Composite ......................... Impact ...................................................... 400 strikes/pile ........................................ 10 

TABLE 6—LEVEL A HARASSMENT AND LEVEL B HARASSMENT ISOPLETHS FROM VIBRATORY AND IMPACT PILE DRIVING

Pile type & method 

Level A/PTS isopleth (m) 

Level B 

Isopleth 

(m) 

Level B 

area of 

ensonification 

(km2) 

Hearing groups 

Cetaceans Pinnipeds 

LF MF HF Phocids Otariids 

Hydroacoustic Data Collection Piles 

18-inch composite (Impact) ................................................................. 16 <1 19 9 <1 10 <0.01 

18-inch Composite (Vibratory) ............................................................ 4 <1 6 3 <1 1,360 3.58 

Turbidity Curtain 

Steel H-Pile (Vibratory) ....................................................................... <1 0 <1 <1 <1 341 0.29 

Steel Shell Pile ≤ 24-inches (Vibratory) .............................................. 2 <1 4 2 <1 1,585 4.61 

RWF Temporary Relocation Piles 

24-inch Steel Shell Pile (Vibratory) ..................................................... 2 <1 4 2 <1 1,585 4.54 

24-inch Steel Shell Pile (Impact, Attenuated)* ................................... 294 11 351 158 12 736 1.06 

36-inch Steel Shell Pile (Vibratory) ..................................................... 20 3 28 14 2 3,688 23.46 

Sediment Pins 

14 to 16-inch Timber Pile (Vibratory) .................................................. 16 2 23 10 1 3,415 19.17 

14 to 16-inch Timber Pile (Impact) ..................................................... 12 <1 14 6 <1 6 <0.01 

14 to 16-inch Composite Pile (Vibratory) ............................................ 4 <1 6 3 <1 1,360 3.2 

14 to 16-Inch Composite Pile (Impact) ............................................... 7 <1 9 4 <1 3.4 <0.01 

* 5 dB reduction in sound due to use of bubble curtain assumed. 

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. 

Because reliable marine mammal 

density information is not available for 

the San Francisco Bay, several datasets 

were used to attain estimates of the 

abundance of marine mammals in the 

Bay. Datasets used included 5 years of 

sighting and stranding data from The 

Marine Mammal Center (TMMC) 

(NMFS, 2021a); 5 years of sighting and 

stranding data from the California 

Academy of Sciences (CAS) (NMFS, 

2021b); citizen-reported live sightings 

from iNaturalist.org; 5 days of sighting 

data during sediment investigation in 

2020 during the initial phase of the 

project (Haase, 2021); and counts from 

haulouts. Data from all sources, when 

available, were considered. Depending 

on the distribution of sightings and 

granularity of data, different sources 

have been used to estimate the number 

of individuals of each species with the 

potential to occur in vicinity of the 

project. The largest ensonified area is 

during vibratory installation of 36-inch 

steel shell piles, which results in a 3,688 

m isopleth and 23.46 kilometers squared 

(km2) area of ensonification. 

Harbor Seal 

Harbor seals in the Bay forage mainly 

within 7.0 miles (mi; (11.3 km)) of their 

primary haulout site (Grigg et al. 2012), 

and often within just 1 to 3 miles (1 to 

5 km) (Torok, 1994). The only harbor 

seal haulout within 7 miles (11.3 km) of 

the project site is Yerba Buena Island 

(YBI), which is 3.1 mi (5 km) to the east 

of the Project Area. Noise from the 

project is not expected to reach the 

haulout, however, harbor seals that use 

this haulout are likely to forage within 

ensonified areas from the project. 

Harbor seal take estimates were based 

on observations conducted by Marine 

Mammal Observers (MMOs) over a 5 

day period in 2020, during sediment 

investigation in the initial phase of the 

project, within remedial response areas 

A, B, and C (See Haase, 2021). A 

maximum of 20 harbor seals were 

observed per day. PG&E therefore 

estimates 20 harbor seals per day within 


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the project area per day. NMFS concurs 

with this assumption. 

Northern Elephant Seal 

TMMC recorded 903 elephant seals in 

the Bay from 2016 to 2021 (NMFS, 

2021a). The CAS reported an additional 

6 for a total of 909 over 5 years in the 

Bay from 2016 to 2021 (NMFS, 2021b), 

yielding an average of 0.5 elephant seals 

per day. To ensure sufficient 

authorization of take of northern 

elephant seals, PG&E assumed 0.5 

elephant seals will occur in the area per 

day (i.e., one elephant seal every 2 

days). NMFS concurs with this 

assumption. 

California Sea Lion 

The Pier 39 K-Dock haulout is the 

only regularly used California Sea Lion 

haulout in the vicinity of the Project 

Area, adjacent to Area C. The Sea Lion 

Center at Pier 39 regularly counted the 

sea lions at K-Dock from 1991 through 

2018. From 2016 through 2018, the 

yearly average ranged from 89 to 229 

animals per day. The average per day 

over all 3 years was 191 sea lions 

(Pacific Gas & Electric, 2023). Although 

there are times of the year when the Kdock is unoccupied or there are few 

individuals present, it is difficult to 

predict abundance based on time of 

year. In order to ensure sufficient 

authorization of sea lions, PG&E is 

assuming a local abundance estimate of 

191 sea lions per day within the 

estimated harassment area, and NMFS 

concurs. 

Northern Fur Seal 

TMMC recorded 44 northern fur seals 

in the Bay from 2016 to 2021 (NMFS, 

2021a). CAS recorded an additional 3 

for a total of 47 over 5 years (NMFS, 

2021b), yielding 0.03 per day, or 

approximately 10 per year. In the fall 

and winter, northern fur seals 

occasionally strand on YBI and Treasure 

Island (Pacific Gas & Electric, 2023), 

approximately 2.0 mi (3.2 km) from the 

project area. Using PG&E’s assumption 

of approximately 0.03 fur seals per day 

over the course of 50 days of pile 

driving plus known fur seal strandings 

near the project area, NMFS has 

determined it appropriate to assume five 

fur seals in the project area during the 

project time period. 

Steller Sea Lion 

Steller sea lions are rare in San 

Francisco Bay. TMMC recorded four 

Steller sea lions in the Bay from 2016 to 

2021 (NMFS, 2021a), while CAS 

reported no Steller sea lions during this 

time (NMFS, 2021b). In 2020 and 2021, 

INaturalist.org recorded four Steller sea 

lions in the Bay. On rare occasions, 

Steller sea lions are seen on the Pier 39 

K-dock haulout. An adult male was 

spotted there in May 2023 (Segura, 

2023) and in previous years a single 

male Steller sea lion had been observed 

using the Pier 39 K-dock haulout 

intermittently during July and August 

and occasionally September (Pacific Gas 

& Electric, 2023). Given these known 

occasional occurrences of the Steller sea 

lion at Pier 39, PG&E feels it is 

appropriate to assume five Steller sea 

lions in the project area during the time 

period of the project, and NMFS 

concurs. 

Bottlenose Dolphins 

Historically, observations of 

bottlenose dolphins have occurred west 

of Treasure Island and were 

concentrated in the Project vicinity 

along the nearshore area of San 

Francisco south to Redwood City. Since 

2016, one individual has been regularly 

seen near the former Alameda Air 

Station and five animals were regularly 

seen in the summer and fall of 2018 in 

the same location (Pacific Gas & 

Electric, 2023). A recent study reports 

that dolphins have been sighted in the 

vicinity of the Golden Gate Bridge, 

around Yerba Buena and Angel Islands, 

and in the central Bay (Keener et al., 

2023). PG&E is assuming that one group 

of bottlenose dolphins will enter into 

the project isopleth per month of pile 

driving, and NMFS concurs. A group 

size is estimated to be five animals 

based on sightings of bottlenose 

dolphins in the Bay (Pacific Gas & 

Electric, 2023). 

Harbor Porpoise 

Harbor porpoises are primarily seen 

near the Golden Gate Bridge, Marin 

County, and the city of San Francisco on 

the northwest side of the Bay (Keener et 

al., 2012; Stern et al., 2017), in the 

vicinity of the project area. Limited data 

exists on the abundance of harbor 

porpoises in the Bay, and therefore data 

from MMOs in 2020 was used (see 

Haase 2021). An individual harbor 

porpoise was seen in the project zone on 

2 of the 5 days, and a group of two 

individuals was reported on a separate 

day of the 5 day observation period 

(Haase, 2021). To ensure sufficient 

authorization of take of harbor porpoise, 

it is estimated that two harbor porpoises 

will occur within the estimated 

harassment area per day. 

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. 

Take estimate calculations vary by 

species. To calculate take by Level B 

harassment for harbor seals, California 

sea lions, northern elephant seals, and 

harbor porpoises, NMFS multiplied the 

daily occurrence estimates described in 

the Marine Mammal Occurrence section 

by the number of project days (table 7). 

For northern fur seals, PG&E is 

assuming a total of five animals in the 

area of the project during the duration 

of the project, based on sightings in the 

Bay and known strandings on YBI (see 

Marine Mammal Occurrence above), 

and is therefore requesting, and NMFS 

has authorized, take of five northern fur 

seals by Level B harassment (table 7). 

Although Steller sea lions are rare in 

San Francisco Bay, based on sighting 

data and known occurrence of Steller 

sea lions on the Pier 39 K-dock haulout 

(PG&E, 2023; Segura, 2023), PG&E is 

conservatively requesting five takes by 

Level B harassment of Steller sea lions 

during the time period of the project, 

and NMFS concurs (table 7). 

For bottlenose dolphins, PG&E 

estimates that one group of five 

bottlenose dolphins may be taken by 

Level B harassment per month of pile 

driving. Based on 5 months of pile 

driving, NMFS has authorized 25 takes 

by Level B harassment of bottlenose 

dolphins. 

TABLE 7—AUTHORIZED TAKE BY LEVEL B HARASSMENT AUTHORIZED AND ESTIMATED TAKE AS A PERCENTAGE OF THE

POPULATION

Species Stock Expected occurrence Estimated Level B 

take Stock abundance * Percent of stock 

Pacific Harbor Seal ......... California ......................... 20 seals per day ............. 1000 30,968 3.2 

Northern Elephant Seal ... California Breeding ......... 0.5 seals per day ............ 25 187,386 0.01 

California Sea Lion .......... United States .................. 191 sea lions per day ..... 9,550 257,606 3.7 


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TABLE 7—AUTHORIZED TAKE BY LEVEL B HARASSMENT AUTHORIZED AND ESTIMATED TAKE AS A PERCENTAGE OF THE

POPULATION—Continued 

Species Stock Expected occurrence Estimated Level B 

take Stock abundance * Percent of stock 

Northern Fur Seal ........... California; Eastern North 

Pacific.

5 seals over project duration.5 14,050; 626,618 0.04; 0.001 

Steller sea lion ................ Eastern United States .... 5 sea lions over project 

duration.

5 43,201 0.01 

Bottlenose dolphin ........... Coastal California ........... 5 dolphins per month of 

project.

25 453 5.5 

Harbor Porpoise .............. San Francisco-Russian 

River.

2 porpoises per day ........ 100 7,777 1.3 

* NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports. 

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. 

PG&E must follow mitigation 

measures as specified below. 

PG&E must ensure that construction 

supervisors and crews, the monitoring 

team, and relevant PG&E staff are 

trained prior to the start of all pile 

driving 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. 

Shutdown Zones 

PG&E must establish shutdown zones 

and Level B monitoring 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 animal (or in anticipation of an 

animal entering the defined area). 

Shutdown zones are based on the largest 

Level A harassment zone for each pile 

size/type and driving method, and 

behavioral monitoring zones are meant 

to encompass Level B harassment zones 

for each pile size/type and driving 

method, as shown in table 6. A 

minimum shutdown zone of 10 m will 

be required for all in-water construction 

activities to avoid physical interaction 

with marine mammals, and the radii of 

the shutdown zones are rounded to the 

next largest 10 m interval in comparison 

to the Level zone for each activity type. 

Marine mammal monitoring will be 

conducted during all pile driving 

activities to ensure that marine 

mammals do not enter Level A 

shutdown zones, that marine mammal 

presence in the isopleth does not exceed 

authorized take, and to prevent take of 

the humpback and gray whale. 

Shutdown zones for each activity type 

are shown in table 8. 

Prior to pile driving, shutdown zones 

and monitoring zones will be 

established based on zones represented 

in table 8. Observers will survey the 

shutdown zones for at least 30 minutes 

before pile driving activities start. If 

marine mammals are found within the 

shutdown zone, pile driving will be 

delayed until the animal has moved out 

of the shutdown zone, either verified by 

an observer or by waiting until 15 

minutes has elapsed without a sighting. 

If a marine mammal approaches or 

enters the shutdown zone during pile 

driving, the activity will be halted. Pile 

driving may resume after the animal has 

moved out of and is moving away from 

the shutdown zone or after at least 15 

minutes has passed since the last 

observation of the animal. 

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. 

If a species for which authorization 

has not been granted (i.e., gray whale or 

humpback whale), or a species which 

has been granted but the authorized 

takes are met, is observed approaching 

or within the Level B monitoring zone, 

pile driving activities will be shutdown 

immediately. Activities will not resume 

until the animal has been confirmed to 

have left the area or 15 minutes has 

elapsed with no sighting of the animal. 


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TABLE 8—SHUTDOWN ZONES AND LEVEL B MONITORING ZONES BY ACTIVITY

Pile type and method 

Shutdown zone 

for all species 

(m) 

Monitoring zone 

(m) 

Hydroacoustic Data Collection Piles 

18-inch Composite/Plastic (impact) ............................................................................................................. 20 10 

18-Inch Composite/Plastic (vibratory removal) ............................................................................................ 10 1,360 

Turbidity Curtain 

Steel H-Pile (Vibratory Install and Removal) ............................................................................................... 10 341 

24-inch steel shell pile (Vibratory install and removal) ............................................................................... 10 1,585 

RWF Relocation Piles 

24-inch steel shell pile (Vibratory install and removal) ............................................................................... 10 1,585 

24-inch steel shell pile (impact-attenuated) ................................................................................................. 360 736 

36-inch steel shell pile (vibratory) ................................................................................................................ 30 3,688 

Sediment Pins 

14 to 16-inch timber (Vibratory) ................................................................................................................... 30 3,415 

14 to 16-inch timber (impact) ...................................................................................................................... 20 10 

14 to 16-inch composite (impact) ................................................................................................................ 10 10 

14 to 16-inch composite (vibratory install) .................................................................................................. 20 1,360 

Protected Species Observers (PSOs) 

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 will not be visible 

(e.g., fog, heavy rain), pile driving will 

be delayed until the PSO is confident 

marine mammals within the shutdown 

zone could be detected. 

PSOs will monitor the full shutdown 

zones and as much of the Level B 

harassment zones as possible. 

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 must take place from 30 

minutes prior to initiation of pile 

driving activities (i.e., pre-clearance 

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, pile driving activity 

will be delayed or halted. If work ceases 

for more than 30 minutes, the preactivity 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 

Soft-start procedures are used to 

provide additional protection to marine 

mammals by providing warning and/or 

giving marine mammals a chance to 

leave the area prior to the hammer 

operating at full capacity. For impact 

pile driving, contractors will be required 

to provide an initial set of 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. 

Bubble Curtain 

A bubble curtain must be employed 

during all impact pile installation of 

steel piles less than 24 inches in 

diameter to interrupt the acoustic 

pressure and reduce impact on marine 

mammals. Impact pile driving will not 

be allowed for 36-inch steel shell piles. 

The bubble curtain must distribute air 

bubbles around 100 percent of the piling 

circumference for the full depth of the 

water column. The lowest bubble ring 

must be in contact with the mudline for 

the full circumference of the ring. The 

weights attached to the bottom ring 

must ensure 100 percent substrate 

contact. No parts of the ring or other 

objects may prevent full substrate 

contact. Air flow to the bubblers must 

be balanced around the circumference 

of the pile. 

Based on our evaluation of the 

applicant’s measures, NMFS has 

determined that the mitigation measures 

provide the means of effecting the least 

practicable impact on the affected 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

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

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present while conducting the activities. 

Effective reporting is critical both to 

compliance as well as ensuring that the 


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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 the IHA. 

Marine mammal monitoring during pile 

driving activities will be conducted by 

PSO’s meeting NMFS’ standards and 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 

education (degree in biological science 

or related field) or training for 

experience; 

• Where a team of three or more PSOs 

is required, a lead observer or 

monitoring coordinator will be 

designated. The lead observer will be 

required to have prior experience 

working as a marine mammal observer 

during construction; 

• PSOs will submit PSO resumes for 

approval by NMFS 30 days prior to the 

onset of pile driving; 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. 

PG&E will have between one and 

three PSOs on site at all times during 

pile driving activities. One PSO will be 

designated as the Lead PSO and will 

receive updates from other PSOs. The 

Lead PSO will be stationed at the active 

pile driving rig or at the best vantage 

point practicable to monitor the 

shutdown zones and implement 

shutdown and delay procedures. The 

other PSOs will be stationed at the best 

vantage points practicable to observe the 

monitoring zones. Exact locations will 

be determined in the field based on the 

pile driving site, field conditions, and in 

coordination with contractors, but may 

include docks, barges, and tower 

structures. PSOs will be equipped with 

high quality binoculars or spotting 

scopes for monitoring and radios and 

cell phones for maintaining contact with 

other observers and work crew. 

Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after all in-water construction activities. 

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. 

Data Collection 

PSOs will use approved data forms to 

record the following information: 

• Dates and times (beginning and 

end) of all marine mammal monitoring; 

• PSO locations during marine 

mammal monitoring; 

• Construction activities occurring 

during each daily observation period, 

including how many and what type of 

piles were driven or removed and by 

what method (i.e., impact or vibratory); 

• Weather parameters and water 

conditions; 

• The number of marine mammals 

observed, by species, relative to the pile 

location and if pile driving or removal 

was occurring at time of sighting; 

• Distance and bearings of each 

marine mammal observed to the pile 

being driven or removed; 

• Description of marine mammal 

behavior patterns, including direction of 

travel; 

• Age and sex class, if possible, of all 

marine mammals observed; and, 

• Detailed information about 

implementation of any mitigation 

triggered (such as shutdowns and 

delays), a description of specific actions 

that ensued, and resulting behavior of 

the animal if any. 

Reporting 

PG&E must submit a draft marine 

mammal monitoring report to NMFS 

within 90 days after the completion of 

pile driving activities, or 60 days prior 

to the requested issuance of any future 

IHAs for the project, or other projects at 

the same location, whichever comes 

first. A final report must be prepared 

and submitted within 30 calendar days 

following receipt of any NMFS 

comments on the draft report. If no 

comments are received from NMFS 

within 30 calendar days of receipt of the 

draft report, the report shall be 

considered final. The marine mammal 

report will include an overall 

description of work completed, a 

narrative regarding marine mammal 

sightings, and associated PSO data 

sheets and/or raw sighting data. 

Specifically, the report will include: 

• Dates and times (beginning and 

end) of all marine mammal monitoring; 

• Construction activities occurring 

during each daily observation period 

including: (a) the number and types of 

piles driven and the method; and (b) 

total duration of driving time for each 

pile (vibratory driving) and number of 

strikes for each pile (impact driving); 


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• PSO locations during marine 

mammal monitoring; 

• Environmental conditions during 

monitoring periods (at beginning and 

end of PSO shift and whenever 

conditions change significantly), 

including Beaufort sea state and any 

other relevant weather conditions 

including cloud cover, fog, sun glare, 

and overall visibility to the horizon, and 

estimated observable distance; 

• For each observation of a marine 

mammal the following must be 

recorded: (a) Name of PSO who sighted 

the animal(s) and PSO location and 

activity at time of sighting; (b) time of 

sighting; (c) identification of the 

animal(s) (e.g. genus/species, lowest 

possible taxonomic level, or 

unidentified), PSO confidence in 

identification, and the composition of 

the group if there is a mix of species; (d) 

distance and location of each observed 

marine mammal relative to pile being 

driven or removed for each sighting; (e) 

estimated number of animals (min/max/ 

best estimate); (f) estimated number of 

animals by cohort (adults, juveniles, 

neonates, group composition, etc.); (g) 

animal’s closest point of approach and 

estimated time spent within the 

harassment zone; (h) description of any 

marine mammal behavioral observations 

(e.g. observed behaviors such as feeding 

or traveling), including an assessment of 

behavioral responses thought to have 

resulted from the activity (e.g. no 

response or changes in behavioral state 

such as ceasing feeding, changing 

direction, flushing, or breaching); 

• Number of marine mammals 

detected within the harassment zones, 

by species; and, 

• Detailed information about 

implementation of any mitigation (e.g. 

shutdowns and delays), a description of 

specific actions that ensued, and 

resulting changes in behavior of the 

animal(s), if any. 

Reporting Injured or Dead Marine 

Mammals 

In the event that personnel involved 

in the construction activities discover 

an injured or dead marine mammal, 

PG&E will report the incident to the 

Office of Protected Resources (OPR) 

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

NMFS and to the West Coast regional 

stranding network (866–767–6114) as 

soon as feasible. If the death or injury 

was clearly caused by the specified 

activity, PG&E will immediately cease 

the specified activities until NMFS is 

able to review the circumstances of the 

incident and determine what, if any, 

additional measures are appropriate to 

ensure compliance with the terms of the 

IHAs. PG&E will not resume their 

activities until notified by NMFS. The 

report will include the following: 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and, 

• General circumstances under which 

the animal was discovered. 

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 the species 

listed in table 1, given that the 

anticipated effects of this activity 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 this activity. 

Level A harassment is extremely 

unlikely 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. No serious injury or 

mortality is anticipated given the nature 

of the activity. 

Pile driving activities have the 

potential to disturb or displace marine 

mammals. Specifically, the project 

activities may result in take, in the form 

of Level B harassment from underwater 

sounds generated from impact and 

vibratory pile driving activities. 

Potential takes could occur if 

individuals move into the ensonified 

zones when these activities are 

underway. 

The takes by Level B harassment will 

be due to potential behavioral 

disturbances. The potential for 

harassment is minimized through 

construction methods and the 

implementation of planned mitigation 

strategies (see Mitigation section). 

Behavioral responses of marine 

mammals to pile driving at the project 

site, if any, are expected to be mild and 

temporary. Marine mammals within the 

Level B harassment zone may not show 

any visual cues they are disturbed by 

activities or could become alert, avoid 

the area, leave the area, or display other 

mild responses that are not observable 

such as changes in vocalization 

patterns. Given the short duration of 

noise-generating activities per day and 

that pile driving and removal will occur 

over approximately 50 days during a 

span of 5 months, any harassment will 

be temporary. There are no other areas 

or times of known biological importance 

for any of the affected species. 

Take will occur within a limited, 

confined area of each stock’s range. 

Further, the amount of take authorized 

is extremely small when compared to 

stock abundance. 

No marine mammal stocks for which 

incidental take authorization are listed 

as threatened or endangered under the 

ESA. Only one stock, the Eastern North 

Pacific Stock of the northern fur seal, is 

listed as depleted under the MMPA. 

However, we do not expect the 

authorizations in this action to affect the 

stock. No injury or mortality is 

authorized, take by Level B harassment 

is limited (five takes over the duration 

of the project), and the action should 

have no effect on the reproduction of 

this species. In addition, the five 

authorized takes for the northern fur 

seal include both the depleted Eastern 


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North Pacific Stock and the California 

stock, which is not depleted. 

The relatively low marine mammal 

occurrences in the area, shutdown 

zones, and planned monitoring make 

injury takes of marine mammals 

unlikely. The shutdown zones will be 

thoroughly monitored before the pile 

driving activities begin, and 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 trained 

observers 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 mitigation and 

monitoring measures are expected to 

eliminate the potential for injury and 

Level A harassment as well as reduce 

the amount and intensity of Level B 

behavioral harassment. Furthermore, the 

pile driving 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. 

The project is not expected to have 

significant adverse effects on marine 

mammal habitat. There are no known 

Biologically Important Areas (BIAs) or 

ESA-designated critical habitat within 

the project area, and the activities will 

not permanently modify existing marine 

mammal habitat. 

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, mortality, or 

Level A harassment is anticipated or 

authorized; 

• The specified activities and 

associated ensonified areas are very 

small relative to the overall habitat 

ranges of all species; 

• The project area does not overlap 

known BIAs or ESA-designated critical 

habitat; 

• The lack of anticipated significant 

or long-term effects or marine mammal 

habitat; and, 

• The presumed efficacy of the 

mitigation measures in reducing the 

effects of the specified activity. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

monitoring and mitigation measures, 

NMFS finds that the total marine 

mammal take from the activity 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 stocks 

(See table 7). These are all likely 

conservative estimates because they 

assume 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. 

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 will be 

taken relative to the population size of 

the affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks will not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (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 authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

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

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our action 

(i.e., the issuance of an IHA) and 

alternatives 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 PG&E for 

the potential harassment of small 

numbers of seven marine mammal 

species incidental to the sediment 

remediation project in San Francisco 

Bay, that includes the previously 

explained mitigation, monitoring, and 

reporting requirements. 

Dated: January 25, 2024. 

Catherine G. Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–01790 Filed 1–29–24; 8:45 am] 

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