`[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92649-92655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27346]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE451]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Pacific Gas & Electric Sediment 
Remediation Project, San Francisco Bay

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

ACTION: Notice; issuance of renewal incidental harassment 
authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as

[[Page 92650]]

amended, notification is hereby given that NMFS has issued a renewal 
incidental harassment authorization (IHA) to Pacific Gas & Electric 
(PG&E) to incidentally harass marine mammals incidental to construction 
associated with a sediment remediation project in San Francisco Bay, 
CA.

DATES: This renewal IHA is valid from May 1, 2025 through April 30, 
2026.

ADDRESSES: Electronic copies of the original application, Renewal 
request, and supporting documents (including NMFS Federal Register 
notices of the original proposed and final authorizations, and the 
previous IHA), as well as a list of the references cited in this 
document, may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san. In case of problems accessing these documents, 
please call the contact listed below.

FOR FURTHER INFORMATION CONTACT: Kristy Jacobus, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are promulgated or, if the taking is limited to harassment, an IHA is 
issued.
    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 here as ``mitigation 
measures''). NMFS must also prescribe requirements pertaining to 
monitoring and reporting of such takings. The definition of key terms 
such as ``take,'' ``harassment,'' and ``negligible impact'' can be 
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C. 
1362; 50 CFR 216.103).
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial IHA, NMFS described the circumstances under which we 
would consider issuing a renewal for this activity, and requested 
public comment on a potential renewal under those circumstances. 
Specifically, 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, activities as described in the Detailed Description 
of Specified Activities section of the initial IHA issuance notice is 
planned or (2) the activities as described in the Description of the 
Specified Activities and Anticipated Impacts section of the initial IHA 
issuance notice would not be completed by the time the initial IHA 
expires and a renewal would allow for completion of the activities 
beyond that described in the DATES section of the notice of issuance of 
the initial IHA, provided all of the following conditions are met:
    1. 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).
    2. The request for renewal must include the following:
     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).
     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.
    3. 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.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

History of Request

    On January 22, 2024, NMFS issued an IHA to PG&E to take marine 
mammals incidental to construction associated with sediment remediation 
in San Francisco Bay, CA (89 FR 5865, January 30, 2024), effective from 
May 1, 2024, through April 30, 2025. On September 26, 2024, NMFS 
received an application for the renewal of that initial IHA. As 
described in the application for renewal IHA, the activities for which 
incidental take is requested are nearly identical to those covered in 
the initial IHA. Although PG&E anticipates that construction will begin 
during the timeframe of the initial IHA, no work has yet commenced and 
therefore no preliminary monitoring data are available. The notice of 
the proposed renewal incidental harassment authorization was published 
on October 16, 2024 (89 FR 83459). There are no changes from the 
proposed renewal IHA to the final renewal IHA.

Description of the Specified Activities and Anticipated Impacts

    The planned activities are nearly identical to those analyzed in 
the initial IHA. As the first phase of a 5- to 7-year project to 
remediate sediments impacted with polycyclic aromatic hydrocarbons 
(PAHs) in San Francisco Bay, PG&E is planning to install hydroacoustic 
data collection piles, piles to attach a turbidity curtain, sediment 
pins to promote slope stability, and install and remove piles to 
relocate the Red and White Fleet (RWF). A detailed description of these 
activities can be found in the Notice of the initial Proposed IHA (88 
FR 82836, November 27, 2023). Under the initial IHA, eight 24-inch 
steel shell piles and eight 36-inch steel shell piles were to be 
installed and removed for the RWF Relocation. Under the renewal IHA, 
PG&E plans to install and remove 10 24-inch piles and 10 36-inch steel 
shell piles for the RWF Relocation. No more than four of each of these 
piles would be installed or removed per day. As

[[Page 92651]]

analyzed in the initial IHA, installation of these piles would be done 
through primarily vibratory pile driving with impact pile driving only 
as needed to seat the piles. Removal would be through vibratory 
methods. The remainder of the work would be identical to that of the 
initial IHA, and the total proposed number of days of in-water work 
would be the same.
    Under the initial IHA, take by Level B harassment from pile driving 
was authorized for harbor seal (Phoca vitulina), northern elephant seal 
(Mirounga angustirostris), California sea lion (Zalophus 
californianus), northern fur seal (Callorhinus ursinus), Steller sea 
lion (Eumetopias jubatus), bottlenose dolphin (Tursiops truncatus), and 
harbor porpoise (Phocoena phocoena). Under the renewal IHA, NMFS is 
authorizing take, by Level B harassment only, of the same number of 
these species as were authorized under the initial IHA.
    Documents related to the initial IHA including the Federal Register 
notices for the proposed IHA (88 FR 82836, November 27, 2023) and final 
IHA (89 FR 5865, January 30, 2024) and PG&E's application can be found 
at https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-gas-electric-sediment-remediation-project-san.

Detailed Description of the Activity

    A detailed description of the pile driving activities for which 
take is authorized here may be found in the Notices of the Proposed and 
Final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30, 
2024) for the initial authorization. The location, timing, and nature 
of the activities, including the types of equipment planned for use, 
are identical to those described in the previous notices.
    The only minor change for this renewal IHA is the addition of two 
24-inch and two 36-inch steel shell piles in the RWF relocation, which 
would be installed with vibratory pile driving and impact pile driving 
only as needed to seat the piles. The piles would be removed with 
vibratory methods. The addition of these piles would not change the 
number of in-water work days (50 days; see table 1). The renewal would 
be effective for a period not exceeding 1 year from the date of 
expiration of the initial IHA. The effective dates would be from May 1, 
2025, to April 30, 2026.

                                   Table 1--Schedule of In-Water Construction
----------------------------------------------------------------------------------------------------------------
                                                                             Number of piles      Days of pile
                Type of pile                      Total number of pile          installed/         driving or
                                                  installation/removal       removed per day        removal
----------------------------------------------------------------------------------------------------------------
Turbidity Curtain (Steel H-Piles or Steel    40 (20 installed, 20 removed)                  4                 10
 Shell Pile <= 24 inches).
RWF Temporary Relocation (24-inch and 36-    40 (20 installed, 20 removed)                  4                 10
 inch Steel Shell Piles).
Sediment Pin Installation (14- to 16-inch    120 (installation only)......                  8                 15
 timber or plastic).
Hydroacoustic Data Collection Piles (18-     20 (10 installed, 10 removed)                  2                 10
 inch composite).
                                            --------------------------------------------------------------------
    Total..................................  180..........................  .................                 45
                                                                           -------------------------------------
Total (+10% buffer)........................  .............................  .................               * 50
----------------------------------------------------------------------------------------------------------------
* Rounded to maximum number of full days.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities, 
including information on abundance, status, distribution, and hearing, 
may be found in the Notice of the Proposed IHA (88 FR 82836, November 
27, 2023) for the initial authorization. NMFS has reviewed the 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. The 
abundance estimate for the eastern stock of the Steller sea lion has 
decreased from 43,201 to 36,308 according to the 2023 draft SAR (Young 
et al., 2024), but this does not change estimated take numbers or 
influence the findings made in support of the initial IHA.

Potential Effects 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 take is 
authorized here may be found in the Notice of the Proposed IHA (88 FR 
82836, November 27, 2023) for the initial authorization. NMFS has 
reviewed 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

    A detailed description of the methods and inputs used to estimate 
take for the specified activity is found in the Notices of the Proposed 
and Final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30, 
2024) for the initial authorization. The only changes PG&E would make 
for the renewal IHA is to add 2 24-inch steel shell piles and 2 36-inch 
steel shell piles, resulting in a total of 10 of each piles, for 
installation and removal in the RWF Relocation portion of the project. 
The source levels, days of operation, and marine mammal occurrence data 
applicable to this authorization remain unchanged from the previously 
issued IHA. Similarly, the stocks taken, methods of take, and types of 
take remain unchanged from the previously issued IHA, as do the number 
of takes, which are indicated below in table 2.

[[Page 92652]]



                               Table 2--Summary of Marine Mammal Takes by Species
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                                                          Proposed level B                      Percent of stock
             Species                       Stock          harassment takes   Stock abundance          (%)
----------------------------------------------------------------------------------------------------------------
Harbor seal......................  California..........              1,000             30,968                3.2
Northern elephant seal...........  California breeding.                 25            187,386               0.01
California sea lion..............  United States.......              9,550            257,606                3.7
Northern fur seal................  California; Eastern                   5    14,050; 626,618        0.04; 0.001
                                    North Pacific.
Steller sea lion.................  Eastern.............                  5             36,308               0.01
Bottlenose dolphin...............  Coastal California..                 25                453                5.5
Harbor porpoise..................  San Francisco-                      100              7,777                1.3
                                    Russian River.
----------------------------------------------------------------------------------------------------------------

    On October 24, 2024 NMFS published (89 FR 84872) its final Updated 
Technical Guidance (https://www.fisheries.noaa.gov/s3/2024-10/Tech-Memo-Guidance-3.0-OCT2024-508-OPR1.pdf), which includes updated 
thresholds and weighting functions to inform auditory injury estimates, 
and is replacing the 2018 Technical Guidance referenced in the Notices 
for the Proposed and Final IHA (88 FR 82836, November 27, 2023; 89 FR 
5865, January 30, 2024). In consideration of the best available 
science, NMFS conducted calculations using the Updated Technical 
Guidance and NMFS optional user spreadsheet, using the source levels 
and spreadsheet inputs provided in the Notices for the Proposed and 
Final IHAs (88 FR 82836, November 27, 2023; 89 FR 5865, January 30, 
2024), for the purpose of understanding how Level A harassment 
(auditory injury) zones would change from the initial IHA. The relevant 
updated weighting functions may be found in the executive summary of 
the Updated Technical Guidance, on page 3. The updated marine mammal 
hearing groups and updated thresholds can be found in tables 3 and 4.

                  Table 3--Marine Mammal Hearing Groups
                              [NMFS, 2024]
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen   7 Hz to 36 kHz.
 whales).
High-frequency (HF) cetaceans          150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
Very High-frequency (VHF) cetaceans    200 Hz to 165 kHz.
 (true porpoises, Kogia, river
 dolphins, Cephalorhynchid,
 Lagenorhynchus cruciger & L.
 australis).
Phocid pinnipeds (PW) (underwater)     40 Hz to 90 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)    60 Hz to 68 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 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.


                                   Table 4--Onset of Auditory Injury (AUD INJ)
                                                  [NMFS, 2024]
----------------------------------------------------------------------------------------------------------------
                                                       AUD INJ onset thresholds * (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: L0-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 dB  Cell 10: LE,OW,24h: 199 dB
                                          ; LE,OW,24h: 185 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric 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 are recommended for consideration.
Note: Peak sound pressure level (L0-pk) has a reference value of 1 [micro]Pa, and weighted cumulative sound
  exposure level (LE,) has a reference value of 1[micro]Pa\2\s. In this table, thresholds are abbreviated to be
  more reflective of International Organization for Standardization standards (ISO, 2017). The subscript
  ``flat'' is being included to indicate peak sound pressure are flat weighted or unweighted within the
  generalized hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative
  sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, HF,
  and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The
  weighted 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 thresholds will be exceeded.

    NMFS has also considered whether modifications to mitigation 
requirements, i.e., shutdown zones, would be appropriate in light of 
the Updated Technical Guidance. Based on the outcome of these analyses 
using the Updated Technical Guidance, alternate Level A harassment 
zones are presented in table 5, as well as the Level A harassment zones 
from the initial IHA, based on the 2018 Technical Guidance, for 
comparison. Mitigation zones, in consideration of the Updated Technical 
Guidance where appropriate, are discussed in the Description of

[[Page 92653]]

Proposed Mitigation, Monitoring and Reporting Measures section.
    Although some estimated Level A harassment zones have increased 
using the 2024 guidance, consistent with the initial IHA, no Level A 
harassment takes are anticipated, because PG&E will change the shutdown 
zones accordingly and consistent with the intent of the measures 
prescribed through the initial IHA, as discussed in Description of 
Proposed Mitigation, Monitoring and Reporting Measures section.

                           Table 5--Level A Harassment Zones Using 2018 Technical Guidance and Updated 2024 Technical Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Level A harassment zones using 2018 technical    Level A harassment zones using updated 2024
                                                                           guidance  (m)                              technical guidance  (m)
                                                         -----------------------------------------------------------------------------------------------
                  Pile type and method                        HF          VHF
                                                           Cetacean    Cetacean     Phocids    Otariids       HF          VHF       Phocids    Otariids
                                                              \a\         \b\                              Cetacean    Cetacean
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Hydroacoustic Data Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact...............................          <1          19           9          <1           2          25          14           5
18-inch Composite, Vibratory............................          <1           6           3           1           1           2           3           1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Turbidity Curtain
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory.................................           0          <1          <1          <1          <1          <1          <1          <1
Steel Shell Pile <=24-inch, Vibratory...................          <1           4           2           1          <1           2           3           1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             RWF Temporary Relocation Piles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24-inch, Vibratory.....................          <1           4           2          <1          <1           2           3           1
Steel Shell Pile 24-inch, Impact, Attenuated \c\........          11         351         158          12          37         454         261          97
Steel Shell Pile <=36 inch, Vibratory...................           3          28          14           2          13          27          42          14
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Sediment Pins
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 to 16-inch Timber, Vibratory.........................           2          23          10           1           8          17          27           9
14 to 16-inch Timber, Impact............................          <1          14           6          <1           2          18          10           4
14 to 16-inch Composite, Vibratory......................          <1           6           3          <1           2           4           7           2
14 to 16-inch Composite, Impact.........................          <1           9           4          <1           1          11           7           2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ In the 2018 guidance and initial IHA, HF cetaceans were referred to as MF (mid-frequency) cetaceans.
\b\ In the 2018 guidance and initial IHA, VHF cetaceans were referred to as HF (high-frequency) cetaceans.
\c\ 5-dB reduction in sound due to use of bubble curtain assumed.

Description of Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures included as 
requirements in this authorization are nearly identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (89 FR 5865, January 30, 2024), and the discussion of the 
least practicable adverse impact included in that document and the 
Notice of the Proposed IHA (88 FR 782836, November 27, 2023) remain 
accurate. Consistent with the mitigation required through the initial 
IHA, shutdown zones proposed for the renewal IHA are based on the 
largest Level A harassment zone for each pile size/type and driving 
method, as updated using the Updated 2024 Technical Guidance rather 
than the 2018 Technical Guidance. The zones are calculated identically 
to those presented in the Notice of the Proposed IHA (88 FR 82836, 
November 27, 2023), with reference to the updated Technical Guidance. 
The following mitigation, monitoring, and reporting measures for this 
renewal include:
     PG&E must shut down construction operations if a marine 
mammal comes within 10 m of construction activity to avoid direct 
physical interaction with marine mammals;
     PG&E must establish shutdown zones for all pile driving 
activities. Shutdown zones are based on the largest Level A harassment 
zone for each pile size/type and driving method;
     PG&E must shut down during active pile driving if marine 
mammals approach shutdown zones (see table 6);
     NMFS-approved protected species observers (PSOs) must be 
used to monitor the full shutdown zones and as much of the Level B 
harassment zone as possible;
     PSOs must monitor the shutdown zones for at least 30 
minutes prior to pile driving, throughout pile driving, and 30 minutes 
after;
     If marine mammals are found within the shutdown zone, pile 
driving must be delayed until the animal has moved out of the shutdown 
zone;
     PG&E must shut down if any species for which take has not 
been authorized, or a species for which take has been authorized but 
the authorized take numbers have been met, approaches or enters the 
Level B harassment zones;
     Should environmental conditions deteriorate such that 
marine mammals within the entire shutdown zone would not be visible 
(e.g., fog, heavy rain), pile driving must be delayed until observers 
are confident marine mammals within the shutdown zone could be 
detected;
     PG&E must implement impact pile driving soft starts 
whereby hammer energy is gradually ramped up;
     A bubble curtain must be used during impact pile driving 
of steel piles;
     PG&E must submit a draft marine mammal monitoring report 
to NMFS within 90 days after the completion of pile driving activities 
or 60 calendar days prior to the requested issuance of any subsequent 
IHA for construction activity at the same location, whichever comes 
first. A final report must be prepared and submitted within 30 calendar 
days following receipt of any NMFS comments on the draft report;
     All injured or dead marine mammals must be reported to the 
Office of Protected Resources and to the West Coast regional stranding 
network.

[[Page 92654]]



                                       Table 6--Renewal IHA Shutdown Zones
----------------------------------------------------------------------------------------------------------------
                                               Shutdown zone
            Pile type and method              for all species                Change from initial IHA
                                                    (m)
----------------------------------------------------------------------------------------------------------------
                                          Hydroacoustic Data Collection
----------------------------------------------------------------------------------------------------------------
18-inch Composite, Impact..................                 30  Increased 10 m.
18-inch Composite, Vibratory Removal.......                 10  No change.
----------------------------------------------------------------------------------------------------------------
                                                Turbidity Curtain
----------------------------------------------------------------------------------------------------------------
Steel H-Pile, Vibratory Installation and                    10  No change.
 Removal.
Steel Shell Pile <=24 inch, Vibratory                       10  No change.
 Installation and Removal.
----------------------------------------------------------------------------------------------------------------
                                              RWF Relocation Piles
----------------------------------------------------------------------------------------------------------------
Steel Shell Pile 24 inch, Vibratory                         10  No change.
 Installation and Removal.
Steel Shell Pile 24 inch, Impact,                          450  Increased 90 m.
 Attenuated.
Steel Shell Pile 36 inch, Vibratory........                 40  Increased 10 m.
----------------------------------------------------------------------------------------------------------------
                                                  Sediment Pins
----------------------------------------------------------------------------------------------------------------
14- to 16-inch Timber, Vibratory...........                 30  No change.
14- to 16-inch Timber, Impact..............                 20  No change.
14- to 16-inch Composite, Vibratory........                 10  No change.
14- to 16-inch Composite, Impact...........                 20  No change.
----------------------------------------------------------------------------------------------------------------

Comments and Responses

    A notice of NMFS' proposal to issue a renewal IHA to PG&E was 
published in the Federal Register on October 16, 2024 (89 FR 83459). 
That notice either described, or referenced descriptions of, PG&E's 
activity, the marine mammal species that may be affected by the 
activity, the anticipated effects on marine mammals and their habitat, 
estimated amount and manner of take, and proposed mitigation, 
monitoring and reporting measures. NMFS received one comment letter 
from an individual. The comments and our responses are summarized 
below.
    Comment 1: A member of the public asserted that the addition of two 
24-inch piles and two 36-inch piles and associated pile driving would 
cumulatively increase stress on the local marine mammal populations. 
Although expressing support for the mitigation measures, the commenter 
asserts that the mitigation measures are not adequate to address the 
impacts of the small amount of increased pile driving. The commenter 
also asserts that NMFS should reconsider its qualification of 
Categorical Exclusion under the National Environmental Policy Act 
(NEPA) for this project and that an environmental impact statement 
would be necessary.
    Response: NMFS acknowledges that pile driving noise is a stressor 
to marine mammals but disagrees that the addition of two 24-inch and 
two 36-inch steel piles would cumulatively increase stress on the local 
marine mammal population to a meaningful degree. As discussed in the 
notice of proposed IHA for the initial IHA (88 FR 82836, November 27, 
2023), pile driving can result in auditory impacts, behavioral 
harassment, and disruption in foraging. However, NMFS expects that any 
negative effects from pile driving will be temporary and localized to a 
small area within San Francisco Bay. The addition of four piles would 
result in lengthening the project on the scale of hours and would not 
result in larger isopleths. NMFS expects that this small increase in 
time of pile driving would result in negligible impacts to the marine 
mammals in the vicinity of the project and would not result in a 
cumulative increase in stress to the overall population of marine 
mammals in San Francisco Bay.
    NMFS disagrees that the mitigation is not adequate to address the 
increased pile driving activities. As previously mentioned, the 
addition of the four piles would increase the time frame of the project 
on the scale of hours and would not increase harassment distances. NMFS 
expects that the required mitigation measures, which include 
implementation of shutdown zones, monitoring of zones using PSOs, soft 
start procedures for impact pile driving, and use of a bubble curtain 
for impact pile driving of steel piles, is sufficient to effect the 
least practicable adverse impact.
    NMFS disagrees that the application of Categorical Exclusion B4 
from further analysis under NEPA is inappropriate, and the commenter 
provides no rational basis for this assertion. The issuance of a 
renewal IHA to PG&E for take of marine mammals incidental to pile 
driving activities is consistent with activities identified in 
categorical exclusion B4. The addition of four steel piles, of the same 
size and type as analyzed under the initial IHA, does not result in any 
changes to the anticipated environmental impacts and, therefore, 
application of CE B4 remains appropriate.

Determinations

    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA. This includes consideration of the estimated abundance of 
the eastern stock of the Steller sea lion decreasing, updated analysis 
reflecting the 2024 Technical Guidance, and corresponding updates to 
required shutdown zones. Based on the information and analysis 
contained here and in the referenced documents, NMFS has 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 authorized takes will have a negligible impact on the 
affected marine mammal species or stocks; (3) the authorized takes 
represent small numbers of marine mammals relative to the affected 
stock abundances; (4) PG&E'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.

[[Page 92655]]

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an IHA) 
with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (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 determined that the issuance of the 
initial IHA qualified to be categorically excluded from further NEPA 
review. NMFS has determined that the application of this categorical 
exclusion remains appropriate for this renewal IHA.

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.

Renewal

    NMFS has issued a renewal IHA to PG&E for the take of marine 
mammals incidental to conducting pile driving activities associated 
with the Sediment Remediation Project in San Francisco Bay, CA 
effective from May 1, 2025 to April 30, 2026.

    Dated: November 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-27346 Filed 11-21-24; 8:45 am]
BILLING CODE 3510-22-P`