Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 92649 

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) 

MOS’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. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

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

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our action 

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

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 

The NMFS Alaska Regional Office 

issued a Biological Opinion under 

section 7 of the Endangered Species Act 

(ESA; 16 U.S.C. 1531 et seq.) on the 

issuance of an IHA and potential 

renewal IHA to MOS under section 

101(a)(5)(D) of the MMPA by the NMFS 

OPR. The Biological Opinion concluded 

that the action is not likely to jeopardize 

the continued existence of ESA-listed 

humpback whales or Steller sea lions. 

Renewal 

NMFS has issued a renewal IHA to 

MOS for the take of marine mammals 

incidental to conducting the terminal 

redevelopment construction in 

Skagway, Alaska, from the date of 

issuance through September 30, 2025. 

Dated: November 19, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–27442 Filed 11–21–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE479] 

Pacific Fishery Management Council; 

Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Pacific Fishery 

Management Council (Pacific Council) 

will convene a series of three online 

meetings of its Advisory Bodies to 

discuss Pacific Council projects funded 

under the Inflation Reduction Act (IRA); 

all three meetings are open to the 

public. 

DATES: The online meetings will be held 

on Wednesday, December 11, 2024, 

from 10 a.m. to 2 p.m., Pacific time, or 

until business for the day is completed; 

Friday, December 13, 2024, from 12 

p.m. to 4 p.m., or until business for the 

day is completed; and Tuesday, 

December 17, 2024, from 12 p.m. to 4 

p.m., or until business for the day is 

completed. 

ADDRESSES: These meetings will be held 

online. Specific meeting information, 

including directions on how to join the 

meetings and system requirements, will 

be provided in the meeting 

announcement on the Pacific Council’s 

website (see www.pcouncil.org). You 

may send an email to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov) or contact him at (503) 820– 

2412 for technical assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Gilly Lyons, Staff Officer, Pacific 

Council; telephone: (503) 820–2427. 

SUPPLEMENTARY INFORMATION: The 

Pacific Council will hold a series of 

three online meetings to discuss its IRA 

projects and associated project planning 

and development. Members of Advisory 

Bodies in attendance may also discuss 

project timelines, work products, 

milestones, and Advisory Body roles 

and responsibilities. Each meeting will 

focus on a separate IRA project: 

December 11—Innovating the 

Implementation of Council Actions to 

Respond to a Dynamic Ocean 

Environment; December 13— 

Considering the Effects of Council 

Management Actions on Human WellBeing in Vulnerable Fishing 

Communities Impacted by a Changing 

Marine Ecosystem; and December 17— 

Developing Climate-Ready Fishing 

Methods that Mitigate Bycatch of NonTarget, Associated Species in a 

Changing Ecosystem. Detailed meeting 

agendas will be available on the Pacific 

Council’s website prior to the meeting. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during these 

meetings. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document that 

require emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 18, 2024. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–27370 Filed 11–21–24; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 


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92650 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

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-pacificgas-electric-sediment-remediationproject-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 caseby-case basis, NMFS may issue a onetime 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-authorizationrenewals. 

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 


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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 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 inwater 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-pacificgas-electric-sediment-remediationproject-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

Type of pile Total number of pile installation/removal 

Number of piles 

installed/ 

removed per day 

Days of pile 

driving or removal 

Turbidity Curtain (Steel H-Piles or Steel Shell Pile 

≤ 24 inches).

40 (20 installed, 20 removed) ................................ 4 10 

RWF Temporary Relocation (24-inch and 36-inch 

Steel Shell Piles).

40 (20 installed, 20 removed) ................................ 4 10 

Sediment Pin Installation (14- to 16-inch timber or 

plastic).

120 (installation only) ............................................. 8 15 

Hydroacoustic Data Collection Piles (18-inch composite).20 (10 installed, 10 removed) ................................ 2 10 

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. 


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92652 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

TABLE 2—SUMMARY OF MARINE MAMMAL TAKES BY SPECIES

Species Stock Proposed level B 

harassment takes 

Stock 

abundance 

Percent of stock 

(%) 

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 North Pacific ........... 5 14,050; 626,618 0.04; 0.001 

Steller sea lion ....................................... Eastern .................................................. 5 36,308 0.01 

Bottlenose dolphin ................................. Coastal California .................................. 25 453 5.5 

Harbor porpoise ..................................... San Francisco-Russian River ............... 100 7,777 1.3 

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 whales) ......................................................................................................................... 7 Hz to 36 kHz. 

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

Very High-frequency (VHF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & 

L. australis).

200 Hz to 165 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ....................................................................................................................... 40 Hz to 90 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .................................................................................................. 60 Hz to 68 kHz. 

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

hearing ranges 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] 

Hearing group 

AUD INJ onset thresholds * 

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans ...................................... Cell 1: Lp,0-pk,flat: 222 dB; LE,p,LF,24h: 183 dB .................. Cell 2: LE,p,LF,24h: 197 dB 

High-Frequency (HF) Cetaceans ..................................... Cell 3: Lp,0-pk,flat: 230 dB; LE,p,HF,24h: 193 dB ................. Cell 4: LE,p,HF,24h: 201 dB 

Very High-Frequency (VHF) Cetaceans .......................... Cell 5: Lp,0-pk,flat: 202 dB; LE,p,VHF,24h: 159 dB ............... Cell 6: LE,p,VHF,24h: 181 dB 

Phocid Pinnipeds (PW) (Underwater) ............................. Cell 7: Lp,0-pk.flat: 223 dB; LE,p,PW,24h: 183 dB ................ Cell 8: LE,p,PW,24h: 195 dB 

Otariid Pinnipeds (OW) (Underwater) ............................. Cell 9: Lp,0-pk,flat: 230 dB ; LE,p,OW,24h: 185 dB ............... Cell 10: LE,p,OW,24h: 199 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 (Lp,0-pk) has a reference value of 1 μPa, and weighted cumulative sound exposure level (LE,p) has a reference value of 1μPa2s. 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 


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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

Pile type and method 

Level A harassment zones using 2018 

technical guidance 

(m) 

Level A harassment zones using updated 2024 

technical guidance 

(m) 

HF 

Cetacean a

VHF 

Cetacean b Phocids Otariids HF Cetacean 

VHF 

Cetacean Phocids Otariids 

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. 


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I I I I I I 
92654 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

TABLE 6—RENEWAL IHA SHUTDOWN ZONES

Pile type and method 

Shutdown zone 

for all species 

(m) 

Change from initial IHA 

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 Removal ......................................................................... 10 No change. 

Steel Shell Pile ≤24 inch, Vibratory Installation and Removal ..................................................... 10 No change. 

RWF Relocation Piles 

Steel Shell Pile 24 inch, Vibratory Installation and Removal ....................................................... 10 No change. 

Steel Shell Pile 24 inch, Impact, Attenuated ................................................................................ 450 Increased 90 m. 

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. 


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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE480] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council) will 

hold public meetings of the Council and 

its Executive Committee, including joint 

sessions with the Atlantic States Marine 

Fisheries Commission (ASMFC) 

Summer Flounder, Scup, and Black Sea 

Bass Management Board and Policy 

Board. 

DATES: The meetings will be held 

Tuesday, December 10, 2024, through 

Thursday, December 12, 2024. For 

agenda details, see SUPPLEMENTARY

INFORMATION. 

ADDRESSES: This meeting will be an inperson meeting with a virtual option. 

Council members, other meeting 

participants, and members of the public 

will have the option to participate in 

person at The Westin Annapolis, 100 

Westgate Circle, Annapolis, MD 21401, 

or virtually via Webex webinar. Webinar 

connection instructions and briefing 

materials will be available at: https://

www.mafmc.org/briefing/december2024. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State St., 

Suite 201, Dover, DE 19901; telephone: 

(302) 674–2331; www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D. Executive 

Director, Mid-Atlantic Fishery 

Management Council; telephone: (302) 

526–5255. The Council’s website, 

www.mafmc.org, also has details on the 

meeting location, proposed agenda, 

webinar listen-in access, and briefing 

materials. 

SUPPLEMENTARY INFORMATION: The 

following items are on the agenda, 

although agenda items may be 

addressed out of order (changes will be 

noted on the Council’s website when 

possible.) 

Tuesday, December 10, 2024 

Executive Committee—Closed Session 

Review 2024 Ricks E. Savage Award 

nominations. 

Council Convenes With the Atlantic 

States Marine Fisheries Commission’s 

(ASMFC) Summer Flounder, Scup, and 

Black Sea Bass Management Board 

2025 Summer Flounder Recreational 

Measures Review 

Review Advisory Panel and 

Monitoring Committee 

recommendations. 

Review previously adopted 2025 

recreational measures and recommend 

changes if warranted. 

2025 Scup Recreational Measures 

Review 

Review Advisory Panel and 

Monitoring Committee 

recommendations. 

Review previously adopted 2025 

recreational measures and recommend 

changes if warranted. 

----------LUNCH---------- 

2025 Black Sea Bass Recreational 

Measures 

Review Advisory Panel and 

Monitoring Committee 

recommendations. 

Recommend conservation 

equivalency or coastwide management 

and associated measures for 2025. 

ASMFC Summer Flounder, Scup, and 

Black Sea Bass Board Adjourns Council 

Convenes With the ASMFC Policy Board 

Recreational Sector Separation and 

Catch Accounting Amendment 

Consider approval of draft scoping/ 

public information document. 

ASMFC Policy Board Adjourns 

2024 Ecosystem Approach to Fisheries 

Management (EAFM) Risk Assessment 

Review final report. 

2025 Spiny Dogfish Specifications 

Review recommendations from the 

SSC, Monitoring Committee, Advisory 

Panel, and staff. 

Review previously adopted 2025 

specifications and management 

measures, and recommend changes if 

necessary. 

Wednesday, December 11, 2024 

Atlantic Surfclam and Ocean Quahog 

Species Separation Requirements 

Amendment Final Action 

Review report from Atlantic Surfclam 

and Ocean Quahog Species Separation 

Requirements Amendment 

Implementation Issues Workshop. 

Take up postponed motion to 

consider Alternative 5 as the preferred 

Amendment alternative. 

Select Council preferred alternative 

and take final action. 


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