Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73381 

North Carolina Wilmington, Department 

of Biology and Marine Biology, 601 S. 

College Road, Wilmington, North 

Carolina 284003, has applied in due 

form for a permit to collect, import, and 

export marine mammal parts for 

scientific research. 

DATES: Written comments must be 

received on or before October 10, 2024. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the ‘‘Features’’ box on 

the Applications and Permits for 

Protected Species home page, https://

apps.nmfs.noaa.gov, and then selecting 

File No. 28223 from the list of available 

applications. These documents are also 

available upon written request via email 

to NMFS.Pr1Comments@noaa.gov. 

Written comments on this application 

should be submitted via email to 

NMFS.Pr1Comments@noaa.gov. Please 

include File No. 28223 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Shasta 

McClenahan, Ph.D., (301) 427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.) and the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216). 

The applicant proposes to collect, 

import, and export mummified remains 

of seals from the Ross Sea, Antarctica to 

study virology and evolutionary biology. 

These parts are estimated to be 

hundreds to thousands of years old and 

from the following species: crabeater 

(Lobodon carcinophagus), Weddell 

(Leptonychotes weddellii), leopard 

(Hydrurga leptonyx), and southern 

elephant (Mirounga leonine) seals. Parts 

from up to 10 individuals from each 

species will be collected, imported, and 

exported for analysis annually. The 

permit would be valid for 3 years from 

the date of issuance. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: September 5, 2024. 

Julia M. Harrison, Chief, Permits and 

Conservation Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2024–20414 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE196] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Ferndale Pier 

Maintenance Activities in Ferndale, 

Washington 

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 

Petrogas Pacific, LLC (Petrogas) to 

incidentally harass marine mammals 

during construction activities associated 

with Ferndale Pier Maintenance 

Activities in Ferndale, Washington. 

DATES: The authorization is effective 

from August 1, 2025 to July 31, 2026. 

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-petrogas-pacific-llcsferndale-pier-maintenance-activities. In 

case of problems accessing these 

documents, please call the contact listed 

below. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, 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 monitoring and 

reporting of the takings. The definitions 

of all applicable MMPA statutory terms 

cited above are included in the relevant 

sections below. 

Summary of Request 

On January 3, 2024 we received a 

request from Petrogas for an IHA to take 

marine mammals incidental to Ferndale 

Pier Maintenance Activities in Ferndale, 

Washington. Following NMFS’ review 

of the application, Petrogas submitted a 

revised version on March 26, 2024. The 

application was deemed adequate and 

complete on April 25, 2024. The notice 

of proposed IHA published for public 

comment on June 4, 2024 (89 FR 47903). 

Petrogas requested authorization of take 

of harbor seal, California sea lion, 

Steller sea lion and harbor porpoise by 

Level B harassment and, for harbor seal 

and harbor porpoise only, take by Level 

A harassment. Neither Petrogas nor 

NMFS expect serious injury or mortality 

to result from this activity and, 

therefore, an IHA is appropriate. 

Description of the Specified Activity 

Petrogas is planning to remove the 

existing timber Pier that has served as 

a loading facility since 1965 and replace 

it with a new structure that meets 

current industry best practices. The 

activity includes vibratory removal of 

existing timber piles and installation of 

steel piles by both vibratory and impact 

driving. Due to in-water work timing 

restrictions to protect Endangered 

Species Act (ESA)-listed salmonids, all 

planned in-water construction in this 

area is limited to a work window 


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73382 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

beginning August 1 and ending 

February 1. However, since the Strait of 

Georgia is a very large water body with 

a long fetch, calm in-water work 

conditions are typically only available 

from August to the end of October. Inwater construction will occur for 17 

days intermittently between August 1, 

2025 and October 31, 2026. Take of 

marine mammals is anticipated to occur 

due to vibratory pile removal as well as 

impact and vibratory pile installation. 

A detailed description of the planned 

project is provided in the Federal 

Register notice for the proposed IHA (89 

FR 47903, June 4, 2024). 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 Petrogas was published in the 

Federal Register on June 4, 2024 (89 FR 

47903). That notice described, in detail, 

Petrogas’ 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 did not receive 

any public comments. 

Changes From the Proposed IHA to 

Final IHA 

The notice of proposed IHA (89 FR 

47903, June 4, 2024) indicated that the 

IHA would be effective from August 1, 

2024 to July 31, 2025. Petrogas has 

decided to delay the start of the project 

by 1 year. The new effective dates are 

from August 1, 2025 to July 31, 2026. 

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’ 

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 exposure is expected for this 

activity and summarizes information 

related to the population or stock, 

including regulatory status under the 

MMPA and 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’ Alaska and Pacific SARs. All 

values presented in table 1 are the most 

recent available at the time of 

publication (including from the draft 

2023 SARs) and are available online at: 

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

national/marine-mammal-protection/ 

marine-mammal-stock-assessmentreports). All species that could 

potentially occur in the planned project 

area are included in table 2 of the IHA 

application. While the gray whale, 

minke whale, Dall’s porpoise, and the 

Eastern North Pacific Northern Resident 

stock of killer whale have been reported 

in the area, the temporal and/or spatial 

occurrence of these species is such that 

take is not expected to occur, and they 

are not discussed further beyond the 

explanation provided in the Federal 

Register notice for the proposed IHA (89 

FR 47903, June 4, 2024). 

TABLE 1—SPECIES FOR WHICH TAKE COULD OCCUR IN THE PROJECT AREA

Common name Scientific name Stock 

ESA/MMPA status; 

strategic 

(Y/N) 1

Stock abundance (CV, 

Nmin, most recent 

abundance survey) 2

PBR Annual M/SI3 3

Order Artiodactyla—Cetacea—Mysticeti (baleen whales) 

Family Balaenopteridae 

(rorquals) 

Humpback Whale .. Megaptera 

novaeangliae.

Central America/Southern Mexico—CA/OR/ 

WA.

E, D, Y .......................... 1,494 (0.171, 1,284, 

2021).

3.5 14.9 

Humpback Whale .. Megaptera 

novaeangliae.

Mainland Mexico—CA/ 

OR/WA.

T, D, Y .......................... 3,477 (0.101, 3,185, 

2018).

43 22 

Humpback Whale .. Megaptera 

novaeangliae.

Hawaii ........................... -, -, N ............................ 11,278 (0.56, 7,265, 

2020).

127 27.09 

Odontoceti (toothed whales, dolphins, and porpoises) 

Family Delphinidae 

Killer Whale ............ Orcinus orca ................. Eastern North Pacific 

Southern Resident.

E, D, Y .......................... 73 (N/A, 73, 2022) ........ 0.13 0 

Killer Whale ............ Orcinus orca ................. West Coast Transient ... -, -, N ............................ 349 (N/A, 349, 2018) .... 3.5 0.4 

Family Phocoenidae 

(porpoises) 

Harbor porpoise ..... Phocoena phocoena .... Washington Inland 

Waters.

-, -, N ............................ 11,233 (0.37, 8,308, 

2015).

66 ≥7.2 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73383 

TABLE 1—SPECIES FOR WHICH TAKE COULD OCCUR IN THE PROJECT AREA—Continued 

Common name Scientific name Stock 

ESA/MMPA status; 

strategic 

(Y/N) 1

Stock abundance (CV, 

Nmin, most recent 

abundance survey) 2

PBR Annual M/SI3 3

Order Carnivora—Pinnipedia 

Family Otariidae (eared 

seals and sea lions) 

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

2014).

14,011 >321 

Steller Sea Lion ..... Eumetopias jubatus ...... Eastern ......................... -, -; N ............................ 36,308 (N/A, 36,308, 

2022).

2,178 93.2 

Family Phocidae (earless seals) 

Harbor Seal ............ Phoca vitulina ............... Washington Northern 

Inland Waters.

-, -, N ............................ 16,451 (0.07, 15,462, 

2019).

928 40 

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://www.marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/). ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is 

one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3These 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 detailed description of the species 

likely to be affected by Petrogas’ 

construction 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 (89 FR 47903, June 4, 2024); 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 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 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 

Petrogas’ activities have the potential to 

result in harassment of marine 

mammals in the vicinity of the 

southeastern shores of the Strait of 

Georgia, in Puget Sound, Washington. 


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73384 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

The notice of proposed IHA (89 FR 

47903, June 4, 2024) included a 

discussion of the effects of 

anthropogenic noise on marine 

mammals and the potential effects of 

underwater noise from vibratory pile 

driving 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 proposed 

IHA (89 FR 47903, June 4, 2024). 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through the IHA, which 

informed NMFS’ consideration of 

‘‘small numbers,’’ the negligible impact 

determinations, and impacts on 

subsistence uses. 

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 would primarily be 

by Level B harassment, as use of the 

acoustic stressors (i.e., pile driving) has 

the potential to result in disruption of 

behavioral patterns for individual 

marine mammals. There is also some 

potential for auditory injury (Level A 

harassment) to result, primarily for high 

frequency species (harbor porpoise) and 

phocids (harbor seal). Auditory injury is 

unlikely to occur for other species. The 

required mitigation and monitoring 

measures are expected to minimize the 

severity of the taking to the extent 

practicable. 

As described previously, no serious 

injury or mortality is anticipated or 

authorized for this activity. Below we 

describe how the authorized take 

numbers were 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). 

Acoustic thresholds used in this 

analysis were discussed in detail in the 

notice of proposed IHA (89 FR 47903, 

June 4, 2024) and not repeated here. 

Please see that notice for additional 

detail. 

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 (TL) 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., impact pile driving, vibratory pile 

driving and removal). Additionally, 

vessel traffic and other commercial and 

industrial activities in the project area 

may contribute to elevated background 

noise levels which may mask sounds 

produced by the project. 

TL is the decrease in acoustic 

intensity as an acoustic pressure wave 

propagates out from a source. TL 

parameters vary with frequency, 

temperature, sea conditions, current, 

source and receiver depth, water depth, 

water chemistry, and bottom 

composition and topography. The 

general formula for underwater TL is: 

TL = B * 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 

This formula neglects loss due to 

scattering and absorption, which is 

assumed to be zero here. The degree to 

which underwater sound propagates 

away from a sound source is dependent 

on a variety of factors, most notably the 

water bathymetry and presence or 

absence of reflective or absorptive 

conditions including in-water structures 

and sediments. Spherical spreading 

occurs in a perfectly unobstructed (freefield) environment not limited by depth 

or water surface, resulting in a 6-dB 

reduction in sound level for each 

doubling of distance from the source 

(20*log[range]). Cylindrical spreading 

occurs in an environment in which 

sound propagation is bounded by the 

water surface and sea bottom, resulting 

in a reduction of 3 dB in sound level for 

each doubling of distance from the 

source (10*log[range]). A practical 

spreading value of 15 is often used 

under conditions, such as the project 

site, where water increases with depth 

as the receiver moves away from the 

shoreline, resulting in an expected 

propagation environment that would lie 

between spherical and cylindrical 

spreading loss conditions. Practical 

spreading loss is assumed here. 

The intensity of pile driving sounds is 

greatly influenced by factors such as the 

type of piles, hammers, and the physical 

environment in which the activity takes 

place. In order to calculate the distances 

to the Level A harassment and the Level 

B harassment sound thresholds for the 

methods and piles being used in this 

project, NMFS used acoustic monitoring 

data from other locations to develop 

proxy source levels for the various pile 

types, sizes and methods. The project 

includes vibratory and impact pile 

installation of 30-in steel piles and 

vibratory removal of 16-in timber piles. 

Source levels for the various pile sizes 

and driving methods are presented in 

table 3. Bubble curtains will employed 

during all impact driving, with an 

assumed 5 dB effective attenuation 

(Caltrans 2020). 


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TABLE 3—PROXY SOUND SOURCE LEVELS FOR PILE SIZES AND DRIVING METHODS

Equipment used 

Noise level 1 Distance from 

measurement 

dB peak dB rms dB SEL (m) 

Impact pile driving 30-inch steel piles 2 ........................................................... 210 190 177 10 

Vibratory pile driving 30-inch steel piles 3 ........................................................ 196 159 ........................ 10 

Vibratory pile driver pulling 16-inch timber piles3 ............................................ ........................ 162 ........................ 10 

1SL values shown do not include ¥5 dB attenuation for bubble curtain usage. The –5 dB correction for attenuation was applied to determine 

harassment isopleths (Table 5). 2 Caltrans 2015. 

3 Caltrans 2020. 

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 impact or vibratory pile 

driving and removal, 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 for impact driving in 

the optional User Spreadsheet tool, and 

the resulting estimated isopleths, are 

reported below in table 4 and table 5 

below. 

TABLE 4—USER SPREADSHEET INPUTS FOR LEVEL A HARASSMENT ISOPLETHS

Inputs 30-in steel impact installation 

30-in steel 

vibratory 

installation 

16-in timber 

vibratory 

removal 

Spreadsheet Tab Used .................................................... (E.1) Impact Pile Driving (STATIONARY 

SOURCE: Impulsive, Intermittent).

(A.1) Vibratory Pile Driving (STATIONARY: Non-impulsive, Continuous) 

Source Level (Single Strike/shot SEL) ............................ 177.

Peak ................................................................................. 210.

RMS ................................................................................. 190 ................................................................ 159 162 

Weighting Factor Adjustment (kHz) ................................. 2 .................................................................... 2.5 2.5 

Strikes per pile ................................................................. 2000.

Piles Per day ................................................................... 1.5 ................................................................. 1.5 20 

Propagation (xLogR) ........................................................ 15 .................................................................. 15 15 

Duration ........................................................................... ................................................................... 20 2 

Distance of source level measurement (meters) ............. 10 .................................................................. 10 10 

TABLE 5—CALCULATED LEVEL A AND LEVEL B HARASSMENT ISOPLETHS (M) AND ENSONIFIED AREAS

[km2 in Parentheses] 

Pile size/type 

Level A pinnipeds Level A cetaceans 

Level B 

Harbor seal Sea lions LF MF HF 

Impact Installation 160 dB 

threshold 

30-in steel ................................................ 205.4 (0.139) 15 (0.001) 383.2 (0.463) 13.7 (0.001) 457.2 (0.665) 464.2 (0.679) 

Vibratory Installation/Removal * 120 dB 

threshold 

16-in Timber Piles .................................... 3.7 0.3 6.1 0.5 9.0 6,309.6 (62.5) 

30-in steel ................................................ 1.9 0.1 3.2 0.3 4.7 3,981 (24.9) 

* The Level A harassment isopleths associated with vibratory installation/removal are all below the minimum shutdown zone and result in very 

small ensonified areas. Therefore they are not provided in this table but will be included in the following calculated take tables. 


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Marine Mammal Occurrence and Take 

Estimation 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information which will inform 

the take calculations. The primary 

source for density estimates is from the 

Navy Marine Species Density Database 

(NMSDD) Phase III for the Northwest 

Training and Testing Study Area (Navy, 

2019). Therefore, a lower value was 

used for harbor porpoise density. These 

density estimates are shown in table 6 

and will be used to calculate take due 

to the lack of site-specific data that is 

available. 

To quantitatively assess potential 

exposure of marine mammals to noise 

levels from pile driving over the NMFS 

threshold guidance, the following 

equation was first used to provide an 

estimate of potential exposures within 

estimated harassment zones: 

Exposure estimate = N × Level B 

harassment zone (km2) × maximum 

days of pile driving 

where 

N = density estimate (animals per km2) used 

for each species. 

TABLE 6—MARINE MAMMAL SPECIES DENSITIES USED FOR EXPOSURE CALCULATIONS

Species Region characterized Density 

(animals/km2) 

Humpback Whale ..................................... North Puget Sound/San Juan Islands (Fall and Winter) ............................................. 0.0027 

Killer Whale (Southern Resident) ............. North Puget Sound/San Juan ......................................................................................

Islands (Fall and Winter) ..............................................................................................

0.0078 

Killer Whale (Transient) ............................ North Puget Sound/San Juan Islands (Fall and Winter) ............................................. 0.0031 

Harbor Porpoise ........................................ North Puget Sound ...................................................................................................... 2.16 

Steller Sea Lion ........................................ North Puget Sound/San Juan Islands (Fall) ................................................................ 0.0027 

California Sea Lion ................................... North Puget Sound/San Juan Islands (Fall) ................................................................ 0.0179 

Harbor Seal ............................................... North Puget Sound/San Juan Islands (Fall) ................................................................ 0.76 

Source: Navy 2019. 

Table 7 below shows the total 

calculated take by Level A and Level B 

harassment over the 17 in-water work 

days for the Petrogas activity resulting 

in total calculated take. 

TABLE 7—CALCULATED TAKE BY LEVEL A AND LEVEL B HARASSMENT

Total days 

7 days 7 days 10 days 

Requested 

30-in steel level A take 

impact driving 

30-in steel 

vibratory 

driving 

16-in timber 

vibratory 

removal 

Level A Level A Level A Totals Total 

Humpback Whale ................................................................. 0.009 0.000 0.000 0.009 0 

Southern Resident Killer Whales ......................................... 0.000 0.000 0.000 0.000 0 

Transient Killer whales ......................................................... 0.000 0.000 0.000 0.000 0 

Harbor Porpoise ................................................................... 10.1 0.005 0.007 10.063 10 

Steller Sea Lion ................................................................... 0.000 0.000 0.000 0.000 0 

Cali Sea Lion ....................................................................... 0.000 0.000 0.000 0.000 0 

Harbor Seal .......................................................................... 0.737 0.002 0.002 0.741 1 

Level B Calculated Take Total Level B 

Calculated 

Take 

Requested 

Level B Take 

Level B Level B Level B Totals 

Humpback Whale ................................................................. 0.013 0.471 1.689 2.172 0 

Southern Resident Killer Whale ........................................... 0.037 1.359 4.878 6.275 0 

Transient Killer Whale .......................................................... 0.015 0.533 1.914 2.462 0 

Harbor Porpoise ................................................................... 10.271 376.405 1,350.927 1,738 1,738 

Steller Sea Lion ................................................................... 0.013 0.471 1.689 2.172 17 

California Sea Lion .............................................................. 0.085 3.119 11.195 14.400 51 

Harbor Seal .......................................................................... 3.614 132.439 475.326 611.379 611 

Humpback Whale 

Humpback whales are an uncommon 

occurrence near the project area but 

they do have the potential to be in the 

area as they migrate to feeding grounds 

to the north and mating grounds far 

south. Based on best available density 

estimates Petrogas has calculated the 

potential take of two humpback whales 

by Level B harassment. However, they 

will shut down whenever humpback 

whales approach the Level B 

harassment zone. Given the low density 

of humpback whales in the project area, 

the ability to detect the whales visually 

from a considerable distance, the 

capacity to track whales through the 

Orca Network, and the anticipated 

efficacy of required mitigation and 

monitoring measures, Petrogas did not 

request take. NMFS concurs with this 

assessment and, therefore, has not 

authorized take of humpback whales. 


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Killer Whales 

Both Southern resident killer whales 

(SRKWs) and transient killer whales 

could occur near the project area. Take 

calculations indicate that up to six 

SRKWs and two transient whales could 

be taken by Level B harassment. Even 

though the project site is located in 

summer core area critical habitat, the 

southeastern corner of the Strait of 

Georgia is not a location where SRKW 

are commonly located. After reviewing 

the monthly reports of September 

through October from 2016–2023, the 

occurrence of killer whales from any 

stock was uncommon in the 

southeastern corner of the Strait of 

Georgia. Furthermore SRKWs were far 

less prevalent when compared to 

transients (ORCA 2024). Given the 

expansive range of SRKWs; the 

relatively small area of their habitat that 

may be affected by the planned project; 

the ready availability of habitat of 

similar or higher value, and short-term 

nature of construction (17 days), NMFS 

concluded that take of SRKWs would be 

unlikely. Additionally, Petrogas will 

shut down whenever a killer whale from 

any stock is observed approaching a 

harassment zone so take of transients is 

also not likely. Given the ability to 

visually detect killer whales from 

planned protected species observer 

(PSO) locations (including boats), the 

capacity to track SRKWs through 

contact with the ORCA Network, and 

the expected efficacy of required 

mitigation and monitoring measures, 

Petrogas did not request take. NMFS 

concurs and has not authorized take of 

killer whales. 

Harbor Porpoise 

Harbor porpoises are commonly 

found in the Strait of Georgia as 

indicated by regular sightings from the 

British Columbia Cetacean Sightings 

Network and the Orca Network (Zier, 

2015). Use of NMSDD data yielded an 

estimated 10 takes by Level A 

harassment and 1,738 by Level B 

harassment. NMFS concurs. Note that 

Petrogas has committed to extending the 

shutdown zone beyond the Level A 

harassment zone in order to minimize 

potential PTS, but also requested 

limited take by Level A harassment in 

case some animals enter into the injury 

zone unseen by PSOs and remain for 

sufficient time to incur PTS. NMFS has 

authorized 10 takes by Level A 

harassment and 1,738 takes by Level B 

harassment. 

Steller Sea Lion 

Calculated take based upon the 

species density in the Strait of Georgia 

yielded two potential takes by Level B 

harassment during the 17 days of inwater pile driving work. While there are 

no known nearby haulouts, there are 

haulouts in the greater Strait of Georgia. 

Petrogas felt that the calculated value 

was too low since this species is known 

to travel significant distances in search 

for prey, possibly into the marine waters 

of the Cherry Point Aquatic Reserve. 

NMFS reviewed other IHA monitoring 

reports from Puget Sound and found 

that the Seattle Pier 63 construction 

project (87 FR 31985, May 26, 2022) 

reported a maximum of one animal 

taken per day over 17 in-water work 

days between October 12 and November 

30, 2022. Therefore, NMFS has 

authorized 17 (1/day) takes of Steller sea 

lion by Level B harassment. 

California Sea Lion 

Calculated take based upon the 

species density in the Strait of Georgia 

found 14 potential takes by Level B 

harassment during the 17 days of pile 

driving work at the Petrogas pier. While 

there are no known nearby haulouts, 

there are haulouts in the greater Strait 

of Georgia, and because this species may 

travel significantly in search for prey, 

possibly into the marine waters of the 

Cherry Point Aquatic Reserve. Petrogas 

felt this estimate was also low. Results 

from the Seattle Pier 63 project showed 

a maximum of three California sea lions 

taken per day over 17 in-water work 

days between October 12 and November 

30, 2022. Assuming the same maximum 

number of takes (3) over 17 planned 

days of in-water work, NMFS has 

authorized 51 takes by Level B 

harassment. 

Harbor Seal 

Harbor seals are common in the Strait 

of Georgia. Use of NMSDD (Navy 2019) 

found that there would be a single take 

by Level A harassment. Note that 

Petrogas committed to extending the 

shutdown zone beyond the Level A 

harassment zone in order to minimize 

potential PTS to harbor seals, but also 

requested a single take by Level A 

harassment in case some animals enter 

into the injury zone unseen by PSOs 

and remain for sufficient duration to 

incur PTS. The density data utilized 

also resulted in 611 calculated takes by 

Level B harassment. Therefore, NMFS is 

authorizing a single take of harbor seal 

by Level A harassment and 611 takes by 

Level B harassment. 

Authorized takes by Level A and 

Level B harassment are shown in table 

8. 

TABLE 8—AUTHORIZED TAKE OF MARINE MAMMALS BY LEVEL A AND LEVEL B HARASSMENT BY SPECIES AND STOCK AND

PERCENT OF TAKE BY STOCK

Common name Stock Stock 

abundance Level A Level B 

Total 

authorized 

take 

Authorized 

take as 

percentage of 

stock 

Harbor porpoise .................. Washington Inland Waters 11,233 10 1,738 1,748 15.56.4 

Steller sea lion .................... Eastern U.S ........................ 36,308 ........................ 17 17 0.05 

California sea lion ............... U.S ..................................... 257,606 ........................ 51 51 0.02 

Harbor seal ......................... Washington Northern Inland 16,451 1 611 612 3.7 

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. 

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 


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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, 

impact on operations. 

Pre-start Clearance Monitoring—Prior 

to the start of daily in-water 

construction activity, or whenever a 

break in pile driving/removal of 30 

minutes or longer occurs, PSOs must 

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 that 

30-minute period. If a marine mammal 

is observed within the shutdown zone, 

a soft-start (discussed below) cannot 

proceed until the animal has left the 

zone or has not been observed for 15 

minutes. If the monitoring zone has 

been observed for 30 minutes and 

marine mammals are not present within 

the zone, soft-start procedures can 

commence and work can continue. Prestart clearance monitoring must be 

conducted during periods of visibility 

sufficient for the lead PSO to determine 

that the shutdown zones indicated in 

table 9 are clear of marine mammals. 

Pile driving may commence following 

30 minutes of observation when the 

determination is made that the 

shutdown zones are clear of marine 

mammals. If work ceases for more than 

30 minutes, the pre-activity monitoring 

of both the monitoring zone and 

shutdown zone would commence. 

Implementation of Shutdown Zones— 

For all pile driving/removal activities, 

Petrogas must implement shutdowns 

within designated zones. The purpose of 

a shutdown zone is generally to define 

an area within which shutdown of 

activity would occur upon sighting of a 

marine mammal (or in anticipation of an 

animal entering the defined area). 

Implementation of shutdowns will be 

used to avoid or minimize takes by 

Level A harassment from impact pile 

driving for all four species for which 

take may occur. Shutdown zones will be 

based upon the Level A harassment 

isopleth for each pile size/type and 

driving method where applicable. This 

is anticipated to reduce Level A 

harassment exposures without resulting 

in a substantial risk to the project 

schedule that could occur if marine 

mammals repeatedly enter into larger 

shutdown zones. 

A minimum shutdown zone of 10 m 

will be implemented for all in-water 

construction activities to avoid physical 

interaction with marine mammals. 

Authorized shutdown and monitoring 

zones for each activity type are shown 

in table 9. 

TABLE 9—SHUTDOWN ZONES DURING PILE INSTALLATION AND REMOVAL (m) 

Pile size/type 

Shutdown zone Level B 

harassment 

HF Phocid Otariid monitoring zone 

16-in timber Vibratory ................................................................................ 10 10 10 6,310 

30-in steel Vibratory ................................................................................... 10 10 10 3,990 

30-in steel Impact ...................................................................................... 460 210 20 465 

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 

would continue and PSOs will 

document the animal’s presence within 

the estimated harassment zone. 

If a species for which authorization 

has not been granted, or a species which 

has been granted but the authorized 

takes are met, is observed approaching 

or within the Level B harassment zone, 

pile driving activities will be shut down 

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. 

Coordination with Local Marine 

Mammal Research Network—Prior to 

the start of pile driving for the day the 

PSOs will contact the Orca Network to 

find out the location of the nearest 

sightings of SRKW and humpback 

whale. Petrogas must delay or halt pile 

driving activities if a SRKW, 

unidentified killer whale (i.e. transient) 

or humpback whales are sighted within 

the vicinity of the project area and are 

approaching the Level B harassment 

zones (table 9) during in-water 

activities. Finally, if a SRKW, 

unidentified killer whale, or humpback 

whale enters the Level B harassment 

zone undetected, in-water pile driving 

must be suspended immediately upon 

detection and must not resume until the 

animal exits the Level B harassment 

zone or 15 minutes have passed without 

re-detection of the animal. 

Soft Start—Soft-start procedures are 

believed to provide additional 

protection to marine mammals by 

providing warning and/or giving marine 

mammals a chance to leave the area 

prior to the hammer operating at full 

capacity. For impact pile driving, 

contractors will be required to provide 

an initial set of strikes from the hammer 

at reduced energy, with each strike 

followed by a 30-second waiting period. 

This procedure will be conducted a total 

of three times before impact pile driving 

begins. 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. Soft start 

is not required during vibratory pile 

driving and removal activities. 

Bubble Curtain—A bubble curtain 

must be employed during impact 

installation or proofing of steel piles. A 

noise attenuation device will not be 

required during vibratory pile driving. If 

a bubble curtain or similar measure is 

used, it would distribute air bubbles 

around 100 percent of the piling 

perimeter for the full depth of the water 

column. Any other attenuation measure 

will be required to provide 100 percent 

coverage in the water column for the 

full depth of the pile. 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 will ensure 100 percent 

mudline contact. No parts of the ring or 

other objects will prevent full mudline 

contact. Air flow to the bubblers must 

be balanced around the circumference 

of the pile. 


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Based on our evaluation of the 

applicant’s measures, NMFS has 

determined that the required 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 

Monitoring must be conducted by 

NMFS-approved observers in 

accordance with section 13 of the 

application. Trained observers will be 

placed from the best vantage point(s) 

practicable to monitor for marine 

mammals and implement shutdown or 

delay procedures when applicable 

through communication with the 

equipment operator. Observer training 

must be provided prior to project start, 

and shall include instruction on species 

identification (sufficient to distinguish 

the species in the project area), 

description and categorization of 

observed behaviors and interpretation of 

behaviors that may be construed as 

being reactions to the specified activity, 

proper completion of data forms, and 

other basic components of biological 

monitoring, including tracking of 

observed animals or groups of animals 

such that repeat sound exposures may 

be attributed to individuals (to the 

extent possible). 

Monitoring will be conducted 30 

minutes before, during, and 30 minutes 

after pile driving/removal activities. In 

addition, observers must 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/removal 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. 

A minimum of three PSOs must be on 

duty during all in-water pile driving 

activities. Two shore-based observers 

will be stationed at locations offering 

best line of sight views to monitor the 

entirety of the shutdown zones and 

provide the most complete coverage of 

the monitoring zones. The first observer 

may be on the alumina silos to the east, 

roughly 100 feet (ft) (30.5 meters (m)) 

above the water to scan the wider area. 

The second observer may be on the 

alumina unloader at the north end of the 

Pier. This would place the observer 

roughly 50 ft (15.25 m) above water, 

approximately 300 ft (91.5 m) south of 

the pile driving activities. Additionally, 

Petrogas will deploy one boat-based 

PSO that will be positioned at a location 

or moving in a pattern that offers the 

most complete visual coverage of the 

monitoring zone. Note, however, PSO 

position(s) may vary based on 

construction activity and location of 

piles or equipment. 

The U.S. Fish and Wildlife Service, 

(USFWS) under ESA section 7, is 

requiring Petrogas to utilize observers to 

monitor for the endangered marbled 

murrelet (Brachyramphus marmoratus). 

As long as an observer meets the NMFS 

PSO qualifications as described below 

and has been approved by NMFS, they 

may also serve as a USFWS-certified 

observer for marbled murrelets. NMFS 

must be notified if any NMFS-approved 

PSO is serving in this dual-purpose role. 

PSOs will scan the waters using 

binoculars and would use a handheld 

range-finder device to verify the 

distance to each sighting from the 

project site. All PSOs must be trained in 

marine mammal identification and 

behaviors and are required to have no 

other project-related tasks while 

conducting monitoring. In addition, 

monitoring will be conducted by 

qualified observers, who must be placed 

at the best vantage point(s) practicable 

to monitor for marine mammals and 

implement shutdown/delay procedures 

when applicable by calling for the 

shutdown to the hammer operator via a 

radio. Petrogas will adhere to the 

following observer qualifications: 

(i) PSOs must be independent of the 

activity contractor (for example, 

employed by a subcontractor) and have 

no other assigned tasks during 

monitoring periods. 

(ii) At least one PSO must have prior 

experience performing the duties of a 

PSO during construction activity 

pursuant to a NMFS-issued incidental 

take authorization. 

(iii) 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. 

(iv) 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. 

(v) PSOs must be approved by NMFS 

prior to beginning any activity subject to 

this IHA. 

Additional standard observer 

qualifications include: 

• 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 


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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 and 

times when in-water construction 

activities were suspended to avoid 

potential incidental injury from 

construction sound of marine mammals 

observed within a defined shutdown 

zone; and marine mammal behavior; 

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. 

Reporting 

A draft marine mammal monitoring 

report must be submitted to NMFS 

within 90 days after the completion of 

pile driving and removal activities. It 

will include an overall description of 

work completed, a narrative regarding 

marine mammal sightings, and 

associated PSO data sheets. Specifically, 

the report must include: 

• Dates and times (begin and end) of 

all marine mammal monitoring. 

• Construction activities occurring 

during each daily observation period, 

including the number and type of piles 

driven or removed and by what method 

(i.e., impact driving) and the total 

equipment duration for cutting for each 

pile or total number of strikes for each 

pile (impact driving). 

• 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. 

• Upon observation of a marine 

mammal, the following information: 

Name of PSO who sighted the animal(s) 

and PSO location and activity at time of 

sighting; Time of sighting; 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; 

Distance and bearing of each marine 

mammal observed relative to the pile 

being driven for each sighting (if pile 

driving was occurring at time of 

sighting); Estimated number of animals 

(min/max/best estimate); Estimated 

number of animals by cohort (adults, 

juveniles, neonates, group composition, 

etc.); Animal’s closest point of approach 

and estimated time spent within the 

harassment zone; and 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. 

• Detailed information about any 

implementation of any mitigation 

triggered (e.g., shutdowns and delays), a 

description of specific actions that 

ensued, and resulting changes in 

behavior of the animal(s), if any. 

If no comments are received from 

NMFS within 30 days, the draft final 

report will constitute the final report. If 

comments are received, a final report 

addressing NMFS comments must be 

submitted within 30 days after receipt of 

comments. 

Reporting Injured or Dead Marine 

Mammals 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the IHA (if issued), such 

as an injury, serious injury or mortality, 

Petrogas must immediately cease the 

specified activities and report the 

incident to the Office of Protected 

Resources, NMFS, and the West Coast 

Region regional stranding coordinator. 

The report must include the following 

information: 

• Description of the incident; 

• Environmental conditions (e.g., 

Beaufort sea state, visibility); 

• Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• Photographs or video footage of the 

animal(s) (if equipment is available). 

Activities will not resume until NMFS 

is able to review the circumstances of 

the prohibited take. NMFS will work 

with Petrogas to determine what is 

necessary to minimize the likelihood of 

further prohibited take and ensure 

MMPA compliance. Petrogas will not be 

able to resume their activities until 

notified by NMFS. 

In the event that Petrogas discovers an 

injured or dead marine mammal, and 

the lead PSO determines that the cause 

of the injury or death is unknown and 

the death is relatively recent (e.g., in 

less than a moderate state of 

decomposition as described in the next 

paragraph), Petrogas must immediately 

report the incident to the Office of 

Protected Resources 

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

NMFS and to the West Coast Region 

regional stranding coordinator as soon 

as feasible. The report must include the 

same information identified in the 

paragraph above. Activities will be able 

to continue while NMFS reviews the 

circumstances of the incident. NMFS 

will work with Petrogas to determine 

whether modifications in the activities 

are appropriate. 

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 majority of 

our analysis applies to all the species 

listed in table 8, given that many of the 

anticipated effects of this project on 

different marine mammal stocks are 

expected to be relatively similar in 

nature. Where there are meaningful 

differences between species or stocks, or 

groups of species, in anticipated 

individual responses to activities, 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73391 

impact of expected take on the 

population due to differences in 

population status, or impacts on habitat, 

they are described independently in the 

analysis below. 

Pile driving and removal activities 

associated with the project as outlined 

previously, have the potential to disturb 

or displace marine mammals. 

Specifically, the specified activities may 

result in take, in the form of Level A 

harassment and Level B harassment 

from underwater sounds generated from 

pile driving and removal. Potential takes 

could occur if individuals of these 

species are present in zones ensonified 

above the thresholds for Level A or 

Level B harassment identified above 

when these activities are underway. 

Take by Level A and Level B 

harassment would be due to potential 

behavioral disturbance, temporary 

threshold shift (TTS) and PTS. No 

serious injury or mortality is anticipated 

or authorized given the nature of the 

activity and measures designed to 

minimize the possibility of injury to 

marine mammals. Take by Level A 

harassment is only anticipated for 

harbor porpoise and harbor seal. The 

potential for harassment is minimized 

through the construction method and 

the implementation of the planned 

mitigation measures (see Mitigation 

section). 

Based on reports in the literature as 

well as monitoring from other similar 

activities, behavioral disturbance (i.e., 

Level B harassment) would likely be 

limited to reactions such as increased 

swimming speeds, increased surfacing 

time, or decreased foraging (if such 

activity were occurring) (e.g., Thorson 

and Reyff, 2006; HDR, Inc., 2012; Lerma, 

2014). Most likely for pile driving, 

individuals would simply move away 

from the sound source and be 

temporarily displaced from the areas of 

pile driving, although even this reaction 

has been observed primarily only in 

association with impact pile driving. 

The pile driving activities analyzed here 

are similar to, or less impactful than, 

numerous other construction activities 

conducted in Washington, which have 

taken place with no observed severe 

responses of any individuals or known 

long-term adverse consequences. The 

impact of Level B harassment takes on 

the affected individuals would be 

minimized through use of mitigation 

measures described herein and, if sound 

produced by project activities is 

sufficiently disturbing, animals are 

likely to simply avoid the area while the 

activity is occurring. Vibratory driving 

associated with the planned project may 

produce sound at distances of up to six 

kilometers from the project site, thus 

overlapping with some likely lessdisturbed habitat (such as the Cherry 

Point Aquatic Reserve). The project site 

itself is frequented by large tankers 

every few days but the majority of 

sound fields produced by the specified 

activities are relatively close to the Pier. 

Animals disturbed by project sound 

would be expected to avoid the area and 

use nearby higher-quality habitats. 

In addition to the expected effects 

resulting from authorized Level B 

harassment, we anticipate that harbor 

porpoises and harbor seals may sustain 

some limited Level A harassment in the 

form of auditory injury of low severity. 

However, animals in these locations that 

experience PTS would likely only 

receive slight PTS, i.e. minor 

degradation of hearing capabilities 

within regions of hearing that align most 

completely with the energy produced by 

pile driving, i.e. the low-frequency 

region below 2 kHz, not severe hearing 

impairment or impairment in the 

regions of greatest hearing sensitivity. 

Harbor porpoises are high-frequency 

cetaceans while the hearing ability of 

harbor seal below 2 kHz is also poor 

(NMFS, 2018). 

If hearing impairment occurs, it is 

most likely that the affected animal 

would lose a few decibels in its hearing 

sensitivity, which in most cases is not 

likely to meaningfully affect its ability 

to forage and communicate with 

conspecifics. As described above, we 

expect that marine mammals would be 

likely to move away from a sound 

source that represents an aversive 

stimulus, especially at levels that would 

be expected to result in PTS, given 

sufficient notice through use of soft 

start. 

The project also is not expected to 

have significant adverse effects on 

affected marine mammals’ habitat. The 

project activities would not modify 

existing marine mammal habitat for a 

significant amount of time. The 

activities may cause some fish or 

invertebrates to leave the area of 

disturbance, thus temporarily impacting 

marine mammals’ foraging 

opportunities in a limited portion of the 

foraging range; but, because of the 

intermittent driving schedule (17 inwater work days between August 1 and 

October 31, 2024); short duration of the 

activities (no more than 3 hours per day 

combined impact and vibratory driving); 

the relatively small area of the habitat 

that may be affected; and the availability 

of nearby habitat of similar or higher 

value, the impacts to marine mammal 

habitat are not expected to cause 

significant or long-term negative 

consequences. 

While there are haulouts for 

pinnipeds in the area, these locations 

are some distance from the actual 

project site. There are two documented 

California sea lion haulouts in the 

southern Strait of Georgia, both on the 

western coast of the Strait in British 

Columbia. The closest haulout in near 

Tumbo Island on the eastern edge of the 

Gulf Island, over 15 miles (24.12 

kilometers (km)) from the project site. 

The closest documented Steller sea lion 

haulout location is over 10 miles (16.1 

km) from the project site, on Sucia 

Island (Jeffries et al., 2000). The closest 

documented harbor seal haulouts are 

two different low population (100 

individuals) locations approximately 5 

miles (3.1 km) from the project site, one 

to the north and one to the south 

(Jeffries et al., 2000). To the southwest 

and west of the project location are 14 

other haulouts dotted throughout a few 

of the small northern San Juan Islands 

(North of Orcas Island) within 10 miles 

(16.1) km) of the project (Jeffries et al., 

2000). 

While repeated exposures of 

individuals to this pile driving activity 

could cause limited Level A harassment 

in harbor seals and harbor porpoises 

and Level B harassment in these two 

species in addition to sea lions, they are 

unlikely to considerably disrupt 

foraging behavior or result in significant 

decrease in fitness, reproduction, or 

survival for the affected individuals. 

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 is 

anticipated or authorized; 

• Any Level A harassment exposures 

(i.e., to harbor porpoise and harbor 

seals, only) are anticipated to result in 

slight PTS (i.e., of a few decibels), 

within the lower frequencies associated 

with pile driving; 

• The anticipated incidents of Level B 

harassment would consist of, at worst, 

temporary modifications in behavior 

that would not result in fitness impacts 

to individuals; 

• The ensonifed areas from the 

project is very small relative to the 

overall habitat ranges of all species and 

stocks; 

• Repeated exposures of pinnipeds to 

this pile driving activity could cause 

slight Level A harassment in seals and 

harbor porpoise and Level B harassment 

in seals, harbor porpoise and sea lion 

species, but are unlikely to considerably 

disrupt foraging behavior or result in 

significant decrease in fitness, 


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73392 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

reproduction, or survival for the affected 

individuals. In all, there would be no 

adverse impacts to the stocks as a 

whole; and 

• The 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 activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

required monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the planned 

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. 

Table 8 demonstrates the number of 

instances in which individuals of a 

given species could be exposed to 

received noise levels that could cause 

take of marine mammals. Our analysis 

shows that less than 6 percent of all 

species could be taken by harassment 

which is below one third of the 

population for all. 

Based on the analysis contained 

herein of the planned activity (including 

the required 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. 

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) 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 the IHA qualifies to be categorically 

excluded from further NEPA review. 

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. 

Authorization 

NMFS has issued an IHA to Petrogas 

for the potential harassment of small 

numbers of four marine mammal 

species incidental to Ferndale Pier 

Maintenance Activities in Ferndale, 

Washington. 

Dated: September 5, 2024. 

Catherine Marzin, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2024–20392 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2022–0020] 

Electronic Filing of Certificate of 

Compliance Data: Announcement of 

Expansion of Partner Government 

Agency Message Set Test and 

Collection of Information Burden 

Estimate 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: In a June 4, 2024, Federal 

Register notice, the U.S. Consumer 

Product Safety Commission (CPSC), in 

consultation with U.S. Customs and 

Border Protection (CBP), announced 

their joint intent to expand the current 

Partner Government Agency (PGA) 

Message Set test (Beta Pilot test) to 

include up to 2,000 additional 

participants. The expansion will allow 

importers of regulated consumer 

products to voluntarily participate in 

the test by electronically submitting 

(eFiling) data from a certificate of 

compliance. Beta Pilot test participants 

will eFile certificate data to the CBPauthorized Electronic Data Interchange 

(EDI) system known as the Automated 

Commercial Environment (ACE). In this 

notice, CPSC addresses two comments 

supporting the expanded Beta Pilot test; 

CPSC did not revise its burden estimates 

based on the comments. By publication 

of this notice, the Commission 

announces that CPSC has submitted to 

the OMB a request for approval of the 

collection of information, as proposed. 

DATES: 

Beta Pilot Test: Submit electronic 

requests to participate in the expanded 

Beta Pilot test at any time after 

publication of this notice. CPSC will 

allow participation until we reach 2,000 

volunteers or until an eFiling 

requirement becomes permanent, 

whichever comes first. CPSC asks that 

each Beta Pilot test participant 

electronically file CPSC PGA Message 

Set certificate data during the expanded 

Beta Pilot test. 

Paperwork Reduction Act: Submit 

comments on the proposed expanded 

collection of information by October 10, 

2024 using the methods described 

below in the ADDRESSES section of this 

preamble. 

ADDRESSES: 

Beta Pilot Test: Submit requests to 

participate in the Beta Pilot test and any 

technical comments on CPSC’s 

supplemental Customs and Trade 

Automated Interface Requirements 

(CATAIR) guideline (available on 


khammond on DSKJM1Z7X2PROD with NOTICES