[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84534-84544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24555]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE356]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Pile Driving Training Exercises at 
Naval Base Ventura County, Port Hueneme

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

ACTION: Notice; proposed issuance of an incidental harassment 
authorization; request for comments on proposed authorization and 
possible renewal.

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SUMMARY: NMFS has received a request from the United States Navy (Navy) 
for authorization to take marine mammals, by Level B harassment only, 
incidental to pile driving training exercises at Naval Base Ventura 
County, Port Hueneme (NBVC).
    NMFS previously issued an incidental harassment authorization IHA 
to the Navy for similar activities on April 28, 2023 (hereinafter 
referred to as the initial IHA); however, during the initial 
authorization period, only one of four planned training exercise was 
performed. The Navy is requesting, and NMFS is proposing to issue an 
IHA authorizing incidental take for an additional four training 
exercises. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to issue an IHA to incidentally 
take marine mammals during the specified activities. NMFS is also 
requesting comments on a possible 1-year Renewal IHA that could be 
issued under certain circumstances and if all requirements are met, as 
described in Request for Public Comments at the end of this notice. 
NMFS will consider public comments prior to making any final decision 
on the issuance of the requested MMPA authorizations and agency 
responses will be summarized in the final notice of our decision. The 
Navy's activities are considered military readiness activities pursuant 
to the MMPA, as amended by the National Defense Authorization Act for 
Fiscal Year 2004 (NDAA).

DATES: Comments and information must be received no later than November 
7, 2024.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, and should be submitted via email to 
<a href="/cdn-cgi/l/email-protection#3d74696d1349444e5253135052524f587d53525c5c135a524b"><span class="__cf_email__" data-cfemail="f4bda0a4da808d879b9ada999b9b8691b49a9b9595da939b82">[email protected]</span></a>. 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/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the 
contact listed below.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. All comments received are a part of 
the public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Reny Tyson Moore, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

[[Page 84535]]

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 issued or, if the taking is limited to harassment, a notice of a 
proposed incidental take authorization may be 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 such 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 such takings are set forth.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' The activity for which incidental take of marine 
mammals is being requested addressed here qualifies as a military 
readiness activity.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of a Renewal 
IHA) with respect to potential impacts on the human environment. This 
action is consistent with categories of activities identified in 
Categorical Exclusion B4 (incidental take authorizations with no 
anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS has preliminarily determined that the 
issuance of the proposed IHA qualifies to be categorically excluded 
from further NEPA review.
    We will review all comments submitted in response to this 
notification prior to concluding our NEPA process or making a final 
decision on the IHA request.

History of Request

    On August 18, 2021, NMFS received a request from the Navy for an 
IHA to take marine mammals incidental to pile driving training 
exercises at NBVC. That application was deemed adequate and complete on 
January 12, 2023. NMFS published a notice of a proposed IHA and request 
for comments in the Federal Register on March 15, 2023 (88 FR 15956). 
We subsequently published the final notice of our issuance of the IHA 
on May 4, 2023 (88 FR 28517); the IHA was effective from May 1, 2023 
through April 30, 2024. The specified activities were expected to 
result in the take of California sea lions (Zalophus californius) and 
harbor seals (Phoca vitulina richardii) by Level B harassment only. 
Neither the Navy nor NMFS expected serious injury or mortality to 
result from this activity and, therefore, an IHA was appropriate.
    On February 22, 2024 NMFS received notification from the Navy that 
only one of four planned training exercises were completed under the 
initial IHA. On March 5, 2023 the Navy requested a renewal of the 
initial IHA; however, the Navy and NMFS deemed that it would be 
appropriate to issue a proposed IHA rather than undertake the renewal 
process given the Navy's desire to request changes to the specified 
activity. On May 13, 2024, the Navy submitted an application requesting 
that a new IHA be issued that would allow take of California sea lions 
and harbor seals, by Level B harassment only, incidental to four pile 
driving training exercises at NBVC, effective for 1 year after the date 
of issuance. Revised applications were received on August 6, 2024, and 
September 12, 2024. The application was deemed adequate and complete on 
September 24, 2024. Proposed changes from the initial IHA include those 
associated with the Navy's request, in some instances, to install and 
remove additional piles during the training exercises over additional 
days (i.e., more than were addressed in the initial IHA) due to 
emergent training requirements and tempo (see the Description of the 
Specified Activities and Anticipated Impacts section for more details). 
In addition, on May 3, 2024, NMFS published and solicited public 
comment on its draft Updated Technical Guidance (89 FR 36762), which 
includes updated hearing ranges and names for marine mammal hearing 
groups as well as updated thresholds and weighting functions to inform 
auditory injury estimates (i.e., for Level A harassment). To ensure 
take by Level A harassment is appropriately considered, and in order to 
support consideration of the best available science, comparative 
calculations using both the existing NMFS Technical Guidance (NMFS, 
2018) and the NMFS Updated Technical Guidance (NMFS, 2024) have been 
conducted and provided for consideration of take by Level A harassment. 
These proposed changes do not affect the previous analyses, mitigation, 
and monitoring requirements, or method of take calculations, outside of 
the inclusion of slightly larger Level A harassment zones and shutdown 
zones due to the increased numbers of piles anticipated to be installed 
and or removed within a day, and that the proposed training exercises 
would be completed in 136 days instead of 96 days. In evaluating the 
2024 request and to the extent deemed appropriate, NMFS relies on the 
information presented in notices associated with the issuance of the 
initial IHA (88 FR 15956, March 15, 2023; 88 FR 28517, May 4, 2023).
    The Navy submitted a monitoring report on March 4, 2023, based on 
the work completed under the initial IHA, which confirms that the 
applicant implemented the required mitigation and monitoring during the 
initial year of the activity, and that they did not exceed the 
authorized levels of take under the initial IHA. These monitoring 
results, as well as the Navy's current request and application, are 
available to the public on our website: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port.

Description of the Proposed Activities and Anticipated Impacts

Overview

    The primary mission of NBVC is to provide a home port and to 
furnish training, administrative, and logistical support for the Naval 
Construction Battalions. As described in the initial IHA, Naval 
Construction Group ONE proposed to execute pile driving training 
exercises at NBVC that are

[[Page 84536]]

essential to construction battalion personnel prior to deployment. The 
specific components of each exercise could vary based on the specific 
training requirements for each battalion, but could include vibratory 
and impact pile driving, temporary pier construction, and subsequent 
removal of all installed materials. These are military readiness 
activities, as defined under the NDAA of Fiscal Year 2004 (Pub. L. 108-
136).
    Under the initial IHA, the Navy requested take by Level B 
harassment for California sea lions and harbor seals incidental to up 
to four pile driving training exercises, each of which could include 
installation and removal of a sheet pile wall and round pile pier. 
Level A harassment was not anticipated, requested, or authorized. It 
was estimated that each training exercise could take up to 24 days (12 
days for pile installation and 12 days for pile removal), for a total 
of up to 96 days over the four training exercises. Due to issues with 
equipment, the Navy only performed one training activity for 11 days 
during the initial authorization period. The Navy is requesting a new 
IHA so that it can complete an additional four training exercises 
during the new IHA period. Due to emergent training requirements and 
tempo, the Navy is requesting, in some instances, to install and remove 
additional piles during the training exercises across a total of 136 
days (34 active in-water pile driving per training exercise). The new 
IHA, if authorized, would be valid for 1 year from the date of 
issuance.
    To support public review and comment on the IHA that NMFS is 
proposing to issue here, we refer to the documents related to the 
previously issued IHA and discuss any new or changed information here. 
The previous documents include the Federal Register notice of the 
proposed IHA (88 FR 15956, March 15, 2023), the Federal Register notice 
of issuance of the initial IHA (88 FR 28517, May 4, 2023), and all 
associated references and documents. We also refer the reader to the 
Navy's previous and current applications and monitoring reports which 
can be found at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port.

Dates and Duration

    The initial IHA considered 96 total annual days of active in-water 
pile installation and removal, which would be spread over four annual 
training exercises, each of which was estimated to last 24 days. The 
current request considers a total of 136 total annual days of active 
water in-water pile installation and removal spread over four annual 
training exercises (i.e., each training exercise is estimated to last 
up to 34 days). Each workday would occur during daylight hours, and 
would last approximately 8 hours, but pile installation/removal would 
not occur for the entire eight hours. Due to the availability of 
resources, requirements by NBVC for port use, and battalion training 
needs, it is not possible to predict the precise dates of training 
activities; however, no more than four separate training events would 
occur over the duration of the proposed 1-year IHA.

Specific Geographic Region

    A detailed description of the specific geographic region for the 
Navy's activities is found in the Federal Register notice of the 
proposed IHA for the initial IHA (88 FR 15956, March 15, 2023) and 
associated documents (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port). This description remains accurate and 
is referenced herein.

Detailed Description of the Activity

    A detailed description of the training exercise for which take is 
proposed here may be found in the Federal Register notices of the 
proposed and final IHA for the initial authorization (88 FR 15956, 
March 15, 2023 and 88 FR 28517, May 4, 2023, respectively), and in 
associated documents (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port). The description, including of the 
activities, including the types of equipment planned for use, are 
identical to those described in the previous notices and remains 
accurate with the exception of anticipated production rates, which are 
described in more detail below.
    The Navy has requested, in some instances, to increase the number 
of piles that may be driven in a day due to emergent training 
requirements and tempo. Differences between the initial and proposed 
IHAs are shown in table 1. Specifically, the initial IHA considered 
that a total of 15 24-inch steel sheet piles, 10 16-inch timber piles, 
and 4 14-inch H-beam steel piles may be driven during each training 
exercise. The current request proposes that up to 30 24-inch steel 
sheet piles, 12 16-inch timber piles, and 6 14-inch H-beam steel piles 
may be driven during each training exercise. These changes represent a 
65.5-percent increase in the total number of piles anticipated to be 
installed and removed each training exercise.
    Anticipated production rates for installation and removal with a 
vibratory and or impact hammer, and how these rates compared to the 
initial IHA, are provided in table 1. To allow for unanticipated 
variation in production rates and to account for any training that is 
slowed or delayed due to the need to meet specific training or 
mitigation requirements (e.g., additional delays or shutdowns due to 
larger shutdown zones; see the Proposed Mitigation section of this 
notice for more details), the Navy has added buffer days to the total 
anticipated activity days proposed for the training exercises. The 
buffers for vibratory pile installation and removal include 12 days for 
24-inch steel sheets, 3 days for 16-in round timber piles, and 3 days 
for 14-in steel H-piles. The buffers for impact driving include 4 days 
for 16-in round timber piles and 3 days for 14-in steel H-piles. With 
these buffer days added, the Navy anticipates that pile driving could 
occur on up to 34 days each training exercise, for a total of 136 days 
spread across the four training exercises. Buffer days were not 
considered in the initial IHA. The initial IHA anticipated that it 
could take 5 days to install and 5 days to remove the 24-inch steel 
sheets, 5 days to install and 5 days to remove 16-in round timber 
piles, and 2 days to install and 2 days to remove the 14-in steel H-
piles, for a total of 24 days per training exercise and 96 days during 
the 1-year IHA effective period (see table 1 in the Federal Register 
notices of the proposed and final IHA for the initial authorization; 88 
FR 15956, March 15, 2023 and 88 FR 28517, May 4, 2023, respectively). 
Therefore, the current proposed training exercises could occur for up 
to 10 additional days each training exercise and up to 40 additional 
days during the proposed 1-year authorization period compared to the 
initial IHA.

[[Page 84537]]



                Table 1--Summary of Pile Details and Estimated Production Rates for Pile Installation and Removal During Each Training Exercise for the Initial and Proposed IHAs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Production rate (piles/day)
                                                                       Vibratory      Potential ------------------------------------------------
                                                       Number of     installation/     impact         Installation               Removal             Days of      Days of    Buffer   Total days
     Pile size/type/shape          Authorization        sheets/    removal duration    strikes  ------------------------------------------------  installation    removal   days \1\      per
                                                         piles         per pile       per pile,   Vibratory    Impact     Vibratory    Impact                                          exercise
                                                                                      if needed    hammer      hammer      hammer      hammer
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
24-in Steel Sheet............  Initial IHA..........           15  10/20 minutes...          NA           3           3           3          NA               5          5         0          10
                               Proposed IHA.........           30  10/30 minutes...          NA          30          NA          30          NA               1          1        12          14
12-in Timber Pile............  Initial IHA..........           10  20/30 minutes...       1,800           2           2           2          NA               5          5         0          10
                               Proposed IHA.........           12  20/30 minutes...       1,800          12           6          12          NA               2          1         7          10
14-in H-Beam Pile............  Initial IHA..........            4  20/30 minutes...       1,800           2           2           2          NA               2          2         0           4
                               Proposed IHA.........            6  20/30 minutes...       1,800           6           2           6          NA               3          1         6          10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Totals for the Initial IHA...................................  7.17 hours/12     ..........  ..........  ..........  ..........          NA              12         12         0          24
                                                                    hours.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Totals for the Proposed IHA..................................  11 hours/24       ..........  ..........  ..........  ..........          NA               6          3        25          34
                                                                    hours.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Buffer days are included in the proposed IHA to allow for unanticipated variation in production rates and to account for any training that is slowed or delayed due to the need to meet
  specific training or mitigation requirements; buffer days were not considered in the initial IHA.


[[Page 84538]]

    The anticipated duration of vibratory removal of steel sheet piles 
has also changed from the initial IHA. The initial IHA estimated that 
this activity would take 20 minutes, whereas the Navy now estimates 
that this activity could take 30 minutes (table 1). This increase in 
duration, in addition to the increased number of piles to be installed 
and removed each training exercise, increases both the daily duration 
and the total duration of active pile driving anticipated to occur. The 
initial IHA considered that vibratory installation and removal of all 
piles could take 7.17 hours and 12 hours, respectively, during each 
training exercise; whereas the current request anticipates that 
vibratory installation and removal of all piles could take 11 hours and 
24 hours, respectively, during each training exercise (table 1). These 
changes represent a 100-percent increase in the total estimated amount 
of time required each training exercise for vibratory installation and 
removal of piles. The number of strikes estimated to be required per 
pile during impact hammer installation is the same as that estimated in 
the initial IHA; however, given more piles are anticipated to be 
installed, it is also anticipated that the total amount of time for 
impact pile driving would also increase.
    This change in the total number of piles and the increased daily 
durations of pile durations would result in slightly larger Level A 
harassment zones and shutdown zones due to increased durations of pile 
driving activities. In addition, the additional days of estimated 
activity would result in a higher amount of take by Level B harassment 
to be proposed to be authorized compared to the initial IHA. No other 
changes have been made to the planned activities. The details of these 
requested changes are provided in table 1 and in the Estimated Take of 
Marine Mammals and Proposed Mitigation sections of this notice. The 
proposed IHA, if authorized, would be effective for 1 year from the 
date of issuance.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Federal Register notice of the proposed IHA (88 FR 15956, March 15, 
2023) for the initial authorization. NMFS has reviewed the monitoring 
data from the initial IHA, 2023 draft Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and other scientific 
literature, and determined there is no new information that affects 
which species or stocks have the potential to be affected or the 
pertinent information in the Description of the Marine Mammals in the 
Area of Specified Activities contained in the supporting documents for 
the initial IHA.

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, 2024) 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 low-frequency cetaceans where the 
lower bound was deemed to be biologically implausible and the lower 
bound from Southall et al. (2007) retained.
    On May 3, 2024, NMFS published and solicited public comment on its 
draft Updated Technical Guidance (89 FR 36762), which includes updated 
hearing ranges and names for the marine mammal hearing groups and is 
intended to replace the 2018 Technical Guidance once finalized. The 
public comment period ended on June 17th, 2024. Because NMFS may 
finalize the Guidance prior to taking a final agency action on this 
proposed IHA, we considered both the 2018 and 2024 Technical Guidance 
in our effects and estimated take analysis below. Marine mammal hearing 
groups and their associated hearing ranges from NMFS (2018) and NMFS 
(2024) are provided in tables 2 and 3. In the draft Updated Technical 
Guidance, mid-frequency cetaceans have been re-classified as high-
frequency cetaceans, and high-frequency cetaceans have been updated to 
very-high-frequency (VHF) cetaceans. Additionally, the draft Updated 
Technical Guidance includes in-air data for phocid (PA) and otariid 
(OA) pinnipeds.

                  Table 2--Marine Mammal Hearing Groups
                              [NMFS, 2018]
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen   7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans           150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
High-frequency (HF) cetaceans (true    275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 Cephalorhynchid, Lagenorhynchus
 cruciger & L. australis).
Phocid pinnipeds (PW) (underwater)     50 Hz to 86 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)    60 Hz to 39 kHz.
 (sea lions and fur seals).
------------------------------------------------------------------------
* 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).


[[Page 84539]]


                  Table 3--Marine Mammal Hearing Groups
                              [NMFS, 2024]
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Underwater:
    Low-frequency (LF) cetaceans       7 Hz to 36 kHz.
     (baleen whales).
    High-frequency (HF) cetaceans      150 Hz to 160 kHz.
     (dolphins, toothed whales,
     beaked whales, bottlenose
     whales).
    Very High-frequency (VHF)          200 Hz to 165 kHz.
     cetaceans (true porpoises,
     Kogia, river dolphins,
     Cephalorhynchid, Lagenorhynchus
     cruciger & L. australis).
    Phocid pinnipeds (PW)              40 Hz to 90 kHz.
     (underwater) (true seals).
    Otariid pinnipeds (OW)             60 Hz to 68 kHz.
     (underwater) (sea lions and fur
     seals).
In-Air:
    Phocid pinnipeds (PA) (true        42 Hz to 52 kHz.
     seals).
    Otariid pinnipeds (OA) (sea lions  90 Hz to 40 kHz.
     and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges may not be as broad. Generalized hearing range
  chosen based on ~65-dB threshold from composite audiogram, previous
  analysis in NMFS 2018, and/or data from Southall et al., 2007;
  Southall et al., 2019. Additionally, animals are able to detect very
  loud sounds above and below that ``generalized'' hearing range

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which an 
authorization of incidental take is proposed here may be found in the 
Federal Register notice of the proposed IHA (88 FR 15956, March 15, 
2023) for the initial authorization. NMFS has reviewed the monitoring 
data from the initial IHA, recent draft Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and other scientific 
literature, and determined that there is no new information that 
affects our initial analysis of impacts on marine mammals and their 
habitat.

Estimated Take of Marine Mammals

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the Federal Register 
notices of the proposed and final IHAs for the initial authorization 
(88 FR 15956, March 15, 2023 and 88 FR 28517, May 4, 2023, 
respectively). Specifically, the source levels and marine mammal 
occurrence data applicable to this authorization remain unchanged from 
the previously issued IHA, as do the thresholds and methodology for 
estimating take by Level B harassment.
    The Navy, however, anticipates that the number of piles that could 
be installed or removed per day would increase compared to the initial 
IHA so that personnel can meet new training requirements during the 
proposed IHA authorization period (see table 1). In addition, the Navy 
anticipates that the vibratory removal of 24-in steel sheets could take 
30 minutes, whereas the initial IHA considered this activity could take 
20 minutes. As described in the Federal Register notices of the 
proposed and final IHAs for the initial authorization (88 FR 15956, 
March 15, 2023, and 88 FR 28517, May 4, 2023, respectively) for the 
initial authorization, the ensonified area associated with Level A 
harassment accounts for both source level of the specified activity and 
duration of that activity. Increasing the number of piles to be 
installed/removed per day, as well as the anticipated duration of 
vibratory removal of steel sheet piles, increases the total estimated 
daily duration of the activity, and thus, the extent of the Level A 
harassment zones. Note; the estimated distances to the Level B 
harassment isopleths would not increase because activity duration is 
not considered in their calculation.
    Further, to ensure we have considered an adequate estimate of take 
by Level A harassment and in order to support consideration of the best 
available science, we have conducted basic comparative calculations 
using both the existing Technical Guidance (NMFS, 2018) and the draft 
Updated Technical Guidance (NMFS, 2024) for the purposes of 
understanding the number of potential takes by Level A harassment. The 
thresholds used to assess Level A harassment from each Guidance are 
provided in tables 4 and 5, respectively. The references, analysis, and 
methodology used in the development of these thresholds are described 
in NMFS' 2018 Technical Guidance and NMFS' 2024 draft Updated Technical 
Guidance, respectively, both of which may be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
    The Navy's proposed activity includes the use of impulsive (impact 
pile driving) and non-impulsive (vibratory driving) sources.

             Table 4--NMFS' 2018 Thresholds Identifying the Onset of Permanent Threshold Shift (PTS)
----------------------------------------------------------------------------------------------------------------
                                                    PTS onset acoustic thresholds \1\ (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: Lpk,flat: 219 dB;   Cell 2: LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans...........  Cell 3: Lpk,flat: 230 dB;   Cell 4: LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans..........  Cell 5: Lpk,flat: 202 dB;   Cell 6: LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater).....  Cell 7: Lpk,flat: 218 dB;   Cell 8: LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater)....  Cell 9: Lpk,flat: 232 dB;   Cell 10: LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
\1\ 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.

[[Page 84540]]

 
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
  has a reference value of 1[micro]Pa\2\s. 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 NMFS' 2018 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.


                Table 5--NMFS' 2024 Thresholds Identifying the Onset of Auditory Injury (AUD INJ)
----------------------------------------------------------------------------------------------------------------
                                                     AUD INJ acoustic thresholds \1\ (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Underwater:
    Low-Frequency (LF) Cetaceans.......  Cell 1: L 0-pk,flat: 222    Cell 2: LE, LF,24h: 197 dB.
                                          dB; LE, LF,24h: 183 dB.
    High-Frequency (HF) Cetaceans......  Cell 3: L0-pk,flat: 230     Cell 4: LE, HF,24h: 201 dB.
                                          dB; LE, HF,24h: 193 dB.
    Very High-Frequency (VHF) Cetaceans  Cell 5: L0-pk,flat: 202     Cell 6: LE, VHF,24h: 181 dB.
                                          dB; LE,VHF,24h: 159 dB.
    Phocid Pinnipeds (PW) (Underwater).  Cell 7: L0-pk,flat: 223     Cell 8: LE,PW,24h: 195 dB.
                                          dB; LE,PW,24h: 183 dB.
    Otariid Pinnipeds (OW) (Underwater)  Cell 9: L0-pk,flat: 230     Cell 10: LE,OW,24h: 199 dB.
                                          dB; LE,OW,24h: 185 dB.
In-Air:
    Phocid Pinnipeds (PA) (In-Air).....  Cell 11: L0-pk.flat: 162    Cell 12: LE,PA,24h: 154 dB.
                                          dB; LE,PA,24h: 140 dB.
    Otariid Pinnipeds (OA) (In-Air)....  Cell 13: L0-pk,flat: 177    Cell 14: LE,OA,24h: 177 dB.
                                          dB; LE,OA,24h: 163 dB.
----------------------------------------------------------------------------------------------------------------
\1\ Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating AUD INJ 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 [micro]Pa, and cumulative sound exposure level (LE)
  has a reference value of 1[micro]Pa\2\s. 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 NMFS' 2018 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.

    NMFS developed optional User Spreadsheet tools to accompany both 
the 2018 Technical guidance and the 2024 draft 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 these optional tools, 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, these optional tools 
offers the best way to estimate isopleth distances when more 
sophisticated modeling methods are not available or practical. For 
stationary sources, such as vibratory and impact pile driving, the 
optional User Spreadsheet tools predict the distance at which, if a 
marine mammal remained at that distance for the duration of the 
activity, it will be expected to incur PTS. Inputs used in the optional 
User Spreadsheet tools for the proposed IHA based on the Navy's request 
are reported in table 6. The isopleths calculated for the proposed IHA 
based on NMFS' 2018 Technical guidance and NMFS' 2024 draft Technical 
guidance, as well as those considered in the initial IHA (based on 
NMFS' 2018 Technical guidance), are reported in table 7.

                                                          Table 6--NMFS User Spreadsheet Inputs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Vibratory pile driving                                      Impact pile driving
                                    --------------------------------------------------------------------------------------------------------------------
                                      16-Inch timber piles    14-Inch steel H beam    24-Inch steel sheet    16-Inch timber piles   14-Inch steel H beam
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used...............  A.1) Non-Impul, Stat,   A.1) Non-Impul, Stat,   A.1) Non-Impul, Stat,  E.1) Impact pile       E.1) Impact pile
                                      Cont.                   Cont.                   Cont.                  driving.               driving.
Source Level (SPL).................  162 dB RMS............  147 dB RMS............  159 dB RMS...........  160 dB SEL...........  170 dB SEL.
Transmission Loss Coefficient......  15....................  15....................  15...................  15...................  15.
Weighting Factor Adjustment (kHz)..  2.5...................  2.5...................  2.5..................  2....................  2.
Time to install/remove single pile   30....................  30....................  30...................  .....................  .....................
 (minutes).
Number of strikes per pile.........  ......................  ......................  .....................  1,800................  1,800.
Piles to install/remove per day....  12....................  6.....................  30...................  6....................  2.
Distance of sound pressure level     10....................  10....................  11...................  10...................  10.
 measurement (meters).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 84541]]


   Table 7--Calculated Distances and Areas to the Estimated Level A (Based on NMFS' 2018 Technical Guidance and NMFS' Proposed 2024 Update to the 2018
              Technical Guidance) and Level B Harassment Thresholds by Pile Type and Pile Driving Method for the Initial and Proposed IHAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Level A harassment distances      Level A                     Level B
                                                                                (m) (2018 Technical Guidance/    harassment      Level B     harassment
                                    Pile                               Piles     2024 Proposed Update to the        areas      harassment       areas
          Activity              description    Authorization period   per day    2018 Technical Guidance) \1\    (km\2\) for  distance (m)   (km\2\) for
                                                                              ---------------------------------  all hearing   all hearing   all hearing
                                                                                      PW              OW         groups \2\      groups      groups \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation/       16-inch Timber   Initial IHA.........         3              4.8             0.3          <0.1     \3\ 6,310          <0.3
 Removal.                      Piles.          Proposed IHA........        12        16.0/45.7        1.1/15.4          <0.1     \3\ 6,310          <0.3
                              14-inch Steel H  Initial IHA.........         2              0.5               0          <0.1           631          <0.3
                               Beam.           Proposed IHA........         6          1.0/2.9         0.1/1.0          <0.1           631          <0.3
                              24-inch Steel    Initial IHA.........         3              3.4             0.2          <0.1     \3\ 4,379          <0.3
                               Sheet.          Proposed IHA........        30     \4\ 20.4/\4\     \4\ 1.4/\4\          <0.1     \3\ 4,379          <0.3
                                                                                          58.4            19.7
Impact Installation.........  16-inch Timber   Initial IHA.........         3             36.8             2.7          <0.1            47          <0.1
                               Piles.          Proposed IHA........         6       76.5/126.5        5.6/47.1          <0.1            47          <0.1
                              14-inch Steel H- Initial IHA.........         2            170.6            12.4          <0.1           216          <0.1
                               Beam.           Proposed IHA........         2      170.6/282.2      12.4/105.2          <0.1           216          <0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The initial IHA only calculated distances to the Level A harassment thresholds based on the 2018 Technical Guidance, whereas the proposed IHA
  considers calculated distances to the Level A harassment thresholds based on both the 2018 Technical Guidance and the 2024 Proposed Update to the 2018
  Technical Guidance.
\2\ Harassment areas have been truncated where appropriate to account for land masses.
\3\ The maximum harassment distances are approximately 790 m for Wharf 4 South, 795 m for Wharf 4 East, and 655 m for Wharf D due to the presence of
  land masses in the project area, which truncate sound transmission.
\4\ The Navy made a typographical error made in their calculation of the distance to the Level A harassment thresholds. Specifically they used a sound
  pressure level measurement distance of 10 m when the correct measurement distance is 11 m. Therefore, the distances provided here are slightly larger
  than the distances provided in their IHA application.

    The stocks taken, methods of take, and types of take remain 
unchanged from the initial authorization. Here, we estimate the 
proposed amount of taking by Level B harassment for both species using 
the same method and rates of daily occurrence for California sea lions 
(342 individuals) and harbor seals (21 individuals) used in the initial 
IHA, applied across the proposed 136 days of activity, resulting in 
46,512 and 2,856 instances of take by Level B harassment, respectively 
(table 8). While the estimated distances to the Level A thresholds and 
the shutdown zones are larger here than in the initial IHA (see table 7 
and the Proposed Mitigation section of this notice), and in some cases 
larger than the estimated distances to the Level B thresholds (see 
distances for impact driving in table 7), they are still relatively 
small (i.e., less than 171 m or 283 m based on NMFS' 2018 Technical 
Guidance and NMFS' 2024 draft Technical Guidance, respectively) and it 
is unlikely that an individual would remain in these zones long enough 
to incur PTS. Further, we anticipate that the Navy will be able to 
effectively shut down operations as necessary to avoid any take by 
Level A harassment. Therefore, take by Level A harassment is not 
proposed to be authorized. During the initial authorization period, the 
Navy detected 40 California sea lions and 4 harbor seals within the 
estimated Level B harassment zone.

 Table 8--Amount of Authorized Take in the Initial IHA and Proposed Take as a Percentage of Stock Abundance, by
                                            Stock and Harassment Type
----------------------------------------------------------------------------------------------------------------
                                                                         Proposed amount of taking
            Species                   Stock          Authorization   ---------------------------------  Percent
                                                                       Level A    Level B     Total     of stock
----------------------------------------------------------------------------------------------------------------
California Sea Lion...........  U.S..............  Initial IHA......          0     36,960     36,960      14.30
                                                   Proposed IHA.....          0     46,512     46,512      18.05
Harbor Seal...................  California.......  Initial IHA......          0      2,016      2,016       6.51
                                                   Proposed IHA.....          0      2,856      2,856       9.22
----------------------------------------------------------------------------------------------------------------

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (88 FR 28517, May 4, 2023), except for the size of the 
respective shutdown zones as discussed below, and the discussion of the 
least practicable adverse impact included in that document remains 
accurate. The following measures are proposed for this IHA:
    <bullet> The Navy would conduct briefings between supervisors and 
trainees, the marine mammal monitoring team, and Navy staff prior to 
the start of all in-water pile driving activity, and when new personnel 
join the work, to ensure that responsibilities, communication 
procedures, marine mammal monitoring protocols, and operational 
procedures are clearly understood.
    <bullet> During all in-water work other than pile driving (e.g., 
pile placement, boat use), in order to prevent injury from physical 
interaction with construction equipment, a shutdown zone of 10 m would 
be implemented. If a marine mammal comes within 10 m, operations would 
cease and vessels would reduce speed to the minimum level required to 
maintain steerage and safe working conditions. If human safety is at 
risk, the in-water activity would be allowed to continue until it is 
safe to stop.
    <bullet> The Navy would establish shutdown zones for all for in-
water pile driving activities. The purpose of a shutdown zone is 
generally to define an area within which shutdown of activity will 
occur upon sighting of a marine mammal (or in anticipation of an animal 
entering the defined area). Shutdown zones would vary based on the type 
of

[[Page 84542]]

pile installation/removal activity, but are proposed to be larger than 
the calculated Level A harassment isopleths shown in table 9. The 
proposed shutdown zones have increased slightly from what was required 
in the initial IHA based on the Navy's request to increase the number 
of piles that may be installed and or removed each day, and in the case 
of 24-in steel sheets, the longer duration estimated to remove piles 
with a vibratory hammer (see table 1). The placement of lookouts during 
all pile driving activities (described in detail in below) would ensure 
that the entirety of all shutdown zones and Level A harassment zones 
are visible during pile installation and removal.

   Table 9--Proposed Shutdown Zones During In-Water Pile Driving Activities for the Initial and Proposed IHAs
----------------------------------------------------------------------------------------------------------------
                                                                                            Distance (m) \1\
              Activity                  Pile description       Authorization period    -------------------------
                                                                                             PW           OW
----------------------------------------------------------------------------------------------------------------
Vibratory Installation/Removal.....  16-inch Timber Piles.  Initial IHA...............           15           15
                                                            Proposed IHA..............        20/50       >20/50
                                     14-inch Steel H Beam.  Initial IHA...............           15           15
                                                            Proposed IHA..............        20/20        20/20
                                     24-inch Steel Sheet..  Initial IHA...............           15           15
                                                            Proposed IHA..............    \2\ 30/60    \2\ 30/60
Impact Installation................  16-inch Timber Piles.  Initial IHA...............           40           40
                                                            Proposed IHA..............       80/130       80/130
                                     14-inch Steel H-Beam.  Initial IHA...............          175          175
                                                            Proposed IHA..............      175/290      175/290
----------------------------------------------------------------------------------------------------------------
\1\ Shutdown zones for the proposed IHA consider calculated distances to the Level A harassment thresholds based
  on both the 2018 Technical Guidance and the 2024 Proposed Update to the 2018 Technical Guidance, whereas
  shutdown zones for the initial IHA only considered calculated distances to the Level A harassment thresholds
  based on the 2018 Technical Guidance. Here, we are proposing the Navy implement the larger distance as the
  shutdown zones, which consider the 2024 Proposed Update to the 2018 Technical Guidance.
\2\ The Navy considered a shutdown zone of 20 m due to a typographical error made in their calculation of the
  distance to the Level A harassment thresholds. Specifically they used a sound pressure level measurement
  distance of 10 m when the correct measurement distance is 11 m.

    <bullet> The Navy would delay or shutdown all in-water pile driving 
activities should an animal approach or enter the appropriate shutdown 
zone. The Navy could resume in-water pile driving activities after one 
of the following conditions has been met: (1) the animal is observed 
exiting the shutdown zone; (2) the animal is thought to have exited the 
shutdown zone based on a determination of its course, speed, and 
movement relative to the pile driving location; or (3) the shutdown 
zone has been clear from any additional sightings for 15 minutes.
    <bullet> The Navy would employ lookouts trained in marine mammal 
identification and behaviors to monitor marine mammal presence in the 
action area. Requirements for numbers and locations of observers will 
be based on hammer type, pile material, and Seabees training location 
as described in section 5 of the proposed IHA. Lookouts would track 
marine mammals observed anywhere within their visual range relative to 
in-water training activities, and estimate the amount of time a marine 
mammal spends within the Level A or Level B harassment zones while pile 
driving activities are underway. The Navy would monitor the project 
area, including the Level B harassment zones, to the maximum extent 
possible based on the required number of lookouts, required monitoring 
locations, and environmental conditions. For all pile driving and 
removal activities, at least one lookout would be used.
    <bullet> The placement of the lookouts during all pile driving and 
removal activities would ensure that the entire applicable shutdown 
zones are visible during all in-water pile installation and removal. 
One observer would be placed in a position to implement shutdown/delay 
procedures, when applicable, by notifying the hammer operator of a need 
for a shutdown of pile driving or removal.
    <bullet> Prior to the start of pile driving or removal, the 
shutdown zone(s) would be monitored for a minimum of 30 minutes to 
ensure that they are clear of marine mammals (i.e., pre-clearance 
monitoring). Pile driving would only commence once observers have 
declared the shutdown zone(s) are clear of marine mammals. Monitoring 
would also take place for 30 minutes post-completion of pile driving.
    <bullet> If in-water work ceases for more than 30 minutes, the Navy 
would conduct pre-clearance monitoring of both the Level B harassment 
zone and shutdown zone.
    <bullet> Pre-start clearance monitoring would be conducted during 
periods of visibility sufficient for the lead lookout to determine that 
the shutdown zones indicated in table 5 are clear of marine mammals. 
Pile driving could commence following 30 minutes of observation when 
the determination is made that the shutdown zones are clear of marine 
mammals.
    <bullet> The Navy would use soft start techniques when impact pile 
driving. Soft start requires contractors to provide an initial set of 
three strikes at reduced energy, followed by a 30-second waiting 
period, then two subsequent reduced energy strike sets. A soft start 
would 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 starts would not be used for vibratory pile 
installation and removal. Lookouts would begin observing for marine 
mammals 30 minutes before ``soft start'' or in-water pile installation 
or removal begins.
    <bullet> For any marine mammal species for which take by Level B 
harassment has not been requested or authorized, in-water pile 
installation/removal would shut down immediately when the animals are 
sighted.
    <bullet> If take by Level B harassment reaches the authorized limit 
for an authorized species, pile installation would be stopped as these 
species approach the Level B harassment zone to avoid additional take 
of them.
    <bullet> Monitoring would be conducted by qualified lookouts with 
support from Navy biologists, in accordance with the following:
    <bullet> Navy biologists would train and certify lookouts in 
accordance with the mitigation, monitoring and reporting requirements 
of the issued IHA;
    <bullet> All lookouts would maintain contact via either handheld

[[Page 84543]]

communication devices or flags to signal sightings and shutdowns;
    <bullet> Lookouts would be placed at vantage points to monitor for 
marine mammals and implement shutdown/delay procedures when applicable 
by calling for the shutdown to the hammer operator;
    <bullet> The Lead lookout would be located within auditory range of 
the pile driving team and would have primary responsibility for calling 
activity shutdowns;
    <bullet> Lookouts would use a hand-held global positioning device 
(GPS) device, rangefinder, visual reference points, or marker buoy to 
verify the required monitoring distance from the project site;
    <bullet> Monitoring would occur in all-weather until training has 
concluded for the day;
    <bullet> Lookouts would scan the waters within the Level A 
harassment and Level B harassment zones using binoculars (10x42 or 
similar) and or the naked eye and make visual observations of marine 
mammals present; and
    <bullet> Lookouts would record all observations of marine mammals 
as described in the section 5 of the IHA, regardless of distance from 
the pile being driven. Lookouts would document any behavioral reactions 
in concert with distance from piles being driven or removed.
    <bullet> Lookouts would have the following additional 
qualifications:
    <bullet> Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance; use of binoculars 
may be necessary to correctly identify the target;
    <bullet> Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
    <bullet> 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
    <bullet> Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary.
    The Navy would submit a draft marine mammal monitoring report to 
NMFS within 90 days after the completion of pile driving training 
activities, or 60 days prior to a requested date of issuance of any 
future IHAs for projects at the same location, whichever comes first. 
NMFS would provide comments within 30 days after receiving the draft 
report, and the Navy would address the comments and submit revisions 
within 30 days of receipt. If no comments are received from NMFS within 
30 days, the draft report would be considered as final.
    The draft and final marine mammal monitoring reports would be 
submitted to <a href="/cdn-cgi/l/email-protection#b5e5e79bfce1e59bf8dadbdcc1dac7dcdbd2e7d0c5dac7c1c6f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="eebebcc0a7babec0a38180879a819c878089bc8b9e819c9a9dae80818f8fc0898198">[email protected]</span></a> and 
<a href="/cdn-cgi/l/email-protection#7e372a2e500a070d1110501311110c1b3e10111f1f50191108"><span class="__cf_email__" data-cfemail="f8b1aca8d68c818b9796d69597978a9db896979999d69f978e">[email protected]</span></a>. The reports would include an overall 
description of work completed, a narrative regarding marine mammal 
sightings, and associated data sheets. Specifically, the reports would 
include:
    <bullet> Dates and times (begin and end) of all marine mammal 
monitoring;
    <bullet> Training activities occurring during each daily 
observation period, including the number and type of piles driven or 
removed and by what method (i.e., impact or vibratory) and the total 
equipment duration for vibratory installation and removal for each pile 
or estimated total number of strikes for each pile for impact driving;
    <bullet> Lookout locations during marine mammal monitoring;
    <bullet> Environmental conditions during monitoring periods (at 
beginning and end of lookout 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;
    <bullet> Description of any deviation from initial proposal in pile 
numbers, pile types, average driving times, etc.;
    <bullet> Brief description of any impediments to obtaining reliable 
observations during training periods; and
    <bullet> Description of any impediments to complying with the 
aforementioned mitigation measures.
    Lookouts would record all incidents of marine mammal occurrence in 
the area in which take is anticipated regardless of distance from 
activity, and would98 document any behavioral reactions in concert with 
distance from piles being driven or removed. Specifically, lookouts 
would record the following:
    <bullet> Name of lookout who sighted the animal(s) and lookout 
location and activity at time of sighting;
    <bullet> Time of sighting;
    <bullet> Identification of the animal(s) (e.g., genus/species, 
lowest possible taxonomic level, or unidentified), lookout confidence 
in identification, and the composition of the group if there is a mix 
of species;
    <bullet> 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);
    <bullet> Estimated number of animals (min/max/best estimate);
    <bullet> Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, sex class, etc.);
    <bullet> Animal's closest point of approach and estimated time 
spent within the harassment zone;
    <bullet> 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);
    <bullet> Number of marine mammals detected within the harassment 
zones and shutdown zones, by species; and
    <bullet> 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.

Preliminary Determinations

    The proposed IHA consists of the same activities analyzed through 
the initial authorization. The proposed IHA would authorize the 
incidental take by Level B harassment of California sea lions and 
harbor seals to up to four 34-day pile driving training exercises. This 
activity was originally authorized under the initial IHA, but the Navy 
only completed one, 11-day, exercise. The Navy is requesting an IHA so 
that it can conduct an additional four training exercises during the 
proposed authorization period. However, due to emergent training 
requirements and tempo, the Navy is requesting, in some instances, to 
install and remove additional piles over additional days during the 
training exercises than what was analyzed in the initial IHA (i.e., 136 
total days considered in the proposed IHA versus 96 days considered in 
the initial IHA), which results in an increase in the number of takes 
by Level B harassment proposed for authorization for harbor seals and 
sea lions (see table 8). In addition, on May 3, 2024 NMFS published and 
solicited public comment on its draft Updated Technical Guidance (89 FR 
36762), which includes updated hearing ranges and names for marine 
mammal hearing groups as well as updated thresholds and weighting 
functions to inform

[[Page 84544]]

auditory injury estimates (i.e., for Level A harassment). These changes 
result in slightly larger Level A harassment zones and shutdown zones 
due to increased durations of pile driving activities. No other changes 
have been made to the planned activities.
    In analyzing the effects of the activities for the initial IHA, 
NMFS determined that the Navy's activities would have a negligible 
impact on the affected species or stocks. There is no new information 
that affects NMFS' determinations supporting issuance of the initial 
IHA or this proposed IHA. While the takes by Level B harassment 
proposed for authorization are greater than the takes by Level B 
harassment authorized in the initial IHA, the anticipated impacts of 
the Navy's training exercises on marine mammals is the same as what was 
considered in the initial IHA (e.g., temporary modifications in 
behaviors or Temporary Threshold Shifts (TTS) that would not result in 
fitness impacts to any individuals). In addition, the specified 
activity and ensonification areas are still very small relative to the 
overall habitat ranges of all species and do not include habitat areas 
of special significance (Biologically Important Areas or ESA-designated 
critical habitat). Lastly, the intensity of anticipated takes by Level 
B harassment is relatively low for all stocks and would not be of a 
duration or intensity expected to result in impacts on reproduction or 
survival. The mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA, 
except for the requirement of slightly larger shutdown zones.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily determined the following: (1) the 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the proposed 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the proposed authorized takes represent 
small numbers of marine mammals relative to the affected stock 
abundances; (4) the Navy's activities will not have an unmitigable 
adverse impact on taking for subsistence purposes as no relevant 
subsistence uses of marine mammals are implicated by this action; and 
(5) appropriate monitoring and reporting requirements are included.

Endangered Species Act

    No incidental take of Endangered Species Act (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.
    Proposed Renewal IHA and Request for Public Comment
    As a result of these preliminary determinations, NMFS proposes to 
issue an HA to the Navy for conducting pile driving training exercises 
in NBVC for 1 year after the date of issuance, provided the previously 
described mitigation, monitoring, and reporting requirements are 
incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-pile-training-exercises-naval-base-ventura-county-port.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the initial IHA), the proposed 
authorization, and any other aspect of this notice of proposed IHA for 
the Navy's proposed pile driving training exercises at NBVC. We also 
request comment on the potential for renewal of this proposed IHA as 
described in the paragraph below. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization.
    On a case-by-case basis, NMFS may issue a one-time, 1-year renewal 
IHA following notice to the public providing an additional 15 days for 
public comments when (1) up to another year of identical or nearly 
identical, or nearly identical, activities as described in the 
Description of the Proposed Activity and Anticipated Impacts section of 
this notice is planned or (2) the activities as described in the 
Description of the Proposed Activity and Anticipated Impacts section of 
this notice would not be completed by the time the IHA expires and a 
renewal would allow for completion of the activities beyond that 
described in the Dates and Duration section of this notice, provided 
all of the following conditions are met:
    <bullet> A request for renewal is received no later than 60 days 
prior to the needed renewal IHA effective date (recognizing that the 
renewal IHA expiration date cannot extend beyond 1 year from expiration 
of the initial IHA).
    <bullet> The request for renewal must include the following:
    (1) An explanation that the activities to be conducted under the 
requested renewal IHA are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take).
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    <bullet> Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.

    Dated: October 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-24555 Filed 10-22-24; 8:45 am]
BILLING CODE 3510-22-P


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