Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50079 

Dated: August 31, 2021. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–19187 Filed 9–3–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Discontinuation; 

NOAA Community-Based Restoration 

Program Progress Reports 

AGENCY: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice, discontinuation of OMB 

Control Number. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to notify the public that NOAA 

intends to request discontinuation of 

OMB Control Number 0648–0472. The 

information collections under this 

control number are being merged into 

NOAA information collection 0648– 

0718 to improve efficiency and 

consolidate like collections. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to this 

discontinuation should be directed to 

Adrienne Thomas, Adrienne.thomas@

noaa.gov, 240–477–2372. 

SUPPLEMENTARY INFORMATION: On June 8, 

2021, a notice was published in the 

Federal Register (86 FR 30444) seeking 

public comments on NOAA’s request to 

extend information collection 0648– 

0472, NOAA Community-based 

Restoration Program Progress Reports, 

which currently expires December 31, 

2021. 

In the interest of efficiency and 

consolidating similar collections, NOAA 

determined it was appropriate to merge 

the reporting requirements of 0648– 

0472 to OMB Control Number 0648– 

0718, NOAA Financial Assistance 

Performance Progress Reports. NOAA 

will publish a 30-day notice of 

submission for information collection 

0648–0718 that identifies this merge 

request. Once approved by OMB, 

control number 0648–0472 will be 

discontinued. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2021–19267 Filed 9–3–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB155] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Transit 

Protection Program Pier and Support 

Facilities Project at Naval Base Kitsap 

Bangor, Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed modification 

of two incidental harassment 

authorizations; request for comments. 

SUMMARY: NMFS is proposing to modify 

the incidental harassment 

authorizations (IHAs) that were issued 

to the United States Navy (Navy) on 

September 25, 2020 for the Transit 

Protection Program (TPP) construction, 

due to an elevated harbor seal take rate 

at the nearby Naval Base Kitsap Bangor 

Service Pier Project that was 

unanticipated during the initial analysis 

for these TPP IHAs. NMFS is proposing 

to modify the TPP project IHAs to 

increase authorized take by Level A 

harassment of harbor seal in the Year 1 

IHA, and add Level A harassment take 

of harbor seal to the Year 2 IHA. NMFS 

is also proposing to revise the shutdown 

mitigation provisions for harbor seals in 

the modified IHAs, and adjust the 

effective dates of both IHAs to 

accommodate the Navy’s plans to delay 

the project. The monitoring and 

reporting measures remain the same as 

prescribed in the initial IHAs, and no 

additional take was requested for other 

species. NMFS will consider public 

comments on the requested 

modifications prior to making any final 

decision and agency responses will be 

summarized in the final notice of our 

decision. 

DATES: Comments and information must 

be received no later than October 7, 

2021. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Written 

comments should be submitted via 

email to ITP.Davis@noaa.gov. 

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. Attachments to 

comments will be accepted in Microsoft 

Word or Excel or Adobe PDF file 

formats only. All comments received are 

a part of the public record and will 

generally be posted online at https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities 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: 

Leah Davis, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the original 

application and supporting documents 

(including NMFS Federal Register 

notices of the original proposed and 

final authorizations, and the previous 

IHAs), as well as a list of the references 

cited in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed above. 

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 

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 


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50080 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

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. 

History of Request 

On September 25, 2020, NMFS issued 

two incidental harassment 

authorizations (IHAs) to the Navy to 

incidentally harass, by Level A 

harassment and Level B harassment 

only, marine mammals during 

construction activities associated with 

the Transit Protection Program Pier and 

Support Facilities Project (TPP project) 

at Naval Base Kitsap Bangor (Kitsap 

Bangor) in Silverdale, Washington over 

two years (85 FR 68291; October 28, 

2020). Species authorized for take 

included killer whale (Orcinus orca), 

harbor porpoise (Phocoena phocoena), 

California sea lion (Zalophus 

californianus), Steller sea lion 

(Eumetopias jubatus), and harbor seal 

(Phoca vitulina). The effective dates of 

those IHAs were July 16, 2021 to 

January 15, 2022 (Year 1), and July 16, 

2022 to January 15, 2023 (Year 2). 

NMFS had previously issued an IHA 

for a separate project at the nearby 

Kitsap Bangor Service Pier (Service Pier 

IHA; 83 FR 30406; June 28, 2018) which 

was subsequently reissued with revised 

effective dates on July 3, 2019 (reissued 

Service Pier IHA; 84 FR 31844). On 

October 14, 2020, NMFS received a 

request from the Navy for a modification 

to the Service Pier IHA due to an 

elevated harbor seal take rate that was 

unanticipated. A small group of harbor 

seals (Phoca vitulina) repeatedly entered 

into and remained within the Level A 

harassment zone, resulting in a take rate 

that was projected to exceed the 

authorized limit for this species in the 

reissued Service Pier IHA (84 FR 31844; 

July 3, 2019). The Navy felt that without 

an increase in authorized take of harbor 

seal, they would be forced to repeatedly 

shut down whenever animals entered 

into specified Level A harassment 

zones, which would likely prolong the 

duration of in-water construction 

activities and add increased costs to the 

project. NMFS published a notice of 

proposed modification of the reissued 

Service Pier IHA with a request for 

comments on November 24, 2020 (85 FR 

74989), and issued a modified IHA to 

the Navy on December 30, 2020 

(modified Service Pier IHA; 85 FR 

86538) with an increase in authorized 

Level A harassment of harbor seal and 

revised shutdown mitigation provisions 

for harbor seals. The monitoring and 

reporting measures remained the same 

as prescribed in the reissued Service 

Pier IHA, and no additional take was 

authorized for other species. 

Following issuance of the modified 

Service Pier IHA (85 FR 86538; 

December 30, 2020), the Navy expressed 

similar concern regarding the potential 

for greater-than-anticipated harbor seal 

activity at the TPP project site, and 

requested modification of the TPP 

project IHAs (85 FR 68291; October 28, 

2020) given the new harbor seal 

information and sound source 

verification (SSV) results from the 

Service Pier project. Further, the Navy 

expects to delay the project to 

accommodate various regulatory 

schedules. The Navy may begin work 

during the current in-water work 

window (July 16, 2021 to January 15, 

2022) or the following in-water work 

window (July 16, 2022 to January 15, 

2023). 

NMFS is proposing to modify the TPP 

project IHAs to increase authorized take 

by Level A harassment of harbor seal in 

the Year 1 IHA, and add authorized take 

by Level A harassment of harbor seal in 

the Year 2 IHA. NMFS is also proposing 

to revise the shutdown mitigation 

provisions for harbor seals in the 

modified IHAs, and adjust the effective 

dates of the IHAs to accommodate the 

Navy’s planned project delays. The 

monitoring and reporting measures 

remain the same as prescribed in the 

initial IHAs, and no additional take is 

requested or proposed for species other 

than harbor seal. 

Description of the Proposed Activity 

and Anticipated Impacts 

The modified IHAs would include the 

same construction activities (i.e. impact 

pile driving, vibratory pile driving, 

vibratory pile removal) in the same 

locations that were described in the 

initial IHAs. The monitoring and 

reporting measures remain the same as 

prescribed in the initial IHAs, while 

revisions to the required mitigation 

measures have been proposed. NMFS 

refers the reader to the documents 

related to the initial IHAs issued on 

September 25, 2020 (available at https:// 

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-us-navytransit-protection-program-pier-andsupport-facilities) for more detailed 

description of the project activities. 

Other relevant documents include the 

notice of proposed IHAs and request for 

comments (85 FR 48206; August 10, 

2020) and notice of issued IHAs (85 FR 

68291, October 28, 2020). 

Detailed Description of the Action 

A detailed description of the 

construction activities is found in these 

previous documents. The location, time 

of year, and nature of the activities, 

including the types of piles and 

methods of installation and removal are 

identical to those described in the 

previous documents. However, as noted 

in the History of Request section, the 

Navy expects to delay the project to 

accommodate various regulatory 

schedules, and the Navy may begin 

work during the current in-water work 

window (July 16, 2021 to January 15, 

2022) or the following in-water work 

window (July 16, 2022 to January 15, 

2023). 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities is found in 

these previous documents, which 

remains applicable to these modified 

IHAs as well. In addition, NMFS has 

reviewed the 2020 Stock Assessment 

Reports (Carretta et al., 2021, Muto et 

al., 2021), information on relevant 

Unusual Mortality Events, and recent 

scientific literature, and determined that 

no new information affects our original 

analysis of impacts under the initial 

IHAs. (However, the stock abundance of 

the West Coast Transient stock of killer 

whale increased from 243 to 349, 

Potential Biological Removal increased 

from 2.4 to 3.5, and annual mortality 

and serious injury increased from 0 to 

0.4 animals. Additionally, the 2020 

Pacific SAR (Carretta et al., 2021) states 

that the annual mortality and serious 

injury of Eastern U.S. Steller sea lions 

is 112 animals, rather than 113 stated in 

the initial IHAs.) 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

A description of the potential effects 

of the specified activities on marine 

mammals and their habitat may be 

found in the documents supporting the 

initial IHAs, which remains applicable 

to the issuance of these modified IHA. 

With the exception of harbor seal 

exposures, there is no new information 

on potential effects. 

For harbor seals, observations during 

monitoring for construction at the 

Kitsap Bangor Service Pier (draft report 

available at https://

www.fisheries.noaa.gov/national/ 


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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50081 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities) indicated that nine 

individuals (previously thought to be 8 

at the time that the reissued Service Pier 

IHA was modified (85 FR 86538; 

December 30, 2020)), were regularly 

present in relatively close proximity to 

the pile driving operations at the 

Service Pier. NMFS modified the 

reissued Service Pier IHA (85 FR 86538; 

December 30, 2020), and given the close 

proximity of the TPP site to the Service 

Pier site, there is a higher likelihood 

than initially considered for the TPP 

IHAs that these same individual harbor 

seals may incur permanent threshold 

shift (PTS) at a low-moderate level due 

to potential repeated, longer-duration 

exposure to higher levels of sound. (Of 

note, NMFS has issued a renewal IHA 

for the Navy’s work at the Service Pier 

(86 FR 45963; August 17, 2021), so these 

seals could all occur in close proximity 

to construction at either site, some 

could occur in close proximity to 

construction at both sites, or they may 

no longer express interest in either 

project.) 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the notice 

of issuance of the initial TPP IHAs (85 

FR 68291; October 28, 2020). The types 

and sizes of piles, installation methods, 

and marine mammal stocks taken 

remain unchanged from the initial IHAs. 

The number of authorized takes is also 

identical with the exception of harbor 

seal. 

The in-water work window at Kitsap 

Bangor (when Endangered Species Act 

(ESA)-listed salmonids are least likely to 

be present) runs from July 16 through 

January 15. Pile installation for the 

Service Pier project started September 4, 

2020 with both vibratory and impact 

pile drivers being employed. 

During monitoring for the Service Pier 

construction, protected species 

observers (PSOs) identified nine harbor 

seals that frequented the project area 

(sometimes entering and remaining 

within the Level A harassment zone) 

and became habituated to the in-water 

construction work. (Note that at the time 

of the modification to the Service Pier 

IHA, NMFS was aware of ‘‘at least 

eight’’ identified harbor seals, but since 

then, the Navy has submitted a 

preliminary monitoring report 

identifying nine different harbor seals, 

and the discussion below reflects the 

latest information as described in the 

Navy’s preliminary monitoring report 

for construction at the Service Pier site.) 

These seals included five pups and four 

adults which were all individually 

identified. Two of the pups were seen 

in the project area on almost a daily 

basis, and were observed playing in the 

bubble curtain ring. (Three seals were 

identified as occurring in the project 

area almost daily at the time of the 

modification to the Service Pier IHA.) 

PSOs recorded seals occasionally 

exhibiting behaviors such as startle 

response and fast swimming away from 

the activity. 

These frequent harbor seal 

observations resulted in excessive 

shutdowns, and due to these frequent 

shutdowns, pile installation fell behind 

schedule. Further, based on the 

remaining in-water working days for the 

Service Pier project, the Navy expected, 

and NMFS concurred, that they would 

likely exceed authorized take. 

Additionally, SSV that was conducted 

during the initial Service Pier project 

work indicated that the Level A 

harassment zones for impact driving of 

36-inch piles were too large, and 

modification of those zones was 

warranted. Please see the notice of the 

issued, modified Service Pier IHA (85 

FR 86538; December 30, 2020) for 

additional discussion of that 

modification. 

For the TPP IHAs, the Navy used 

NMFS’ User Spreadsheet to calculate 

the Level A harassment isopleths 

associated with project activities. Inputs 

to the model for the initial IHAs are 

shown in Table 1. Using this model, 

NMFS calculated a 158-m Level A 

harassment isopleth for phocids (i.e. 

harbor seals) during impact driving of 

36-inch steel piles. 

TABLE 1—INPUTS FOR DETERMINING DISTANCES TO CUMULATIVE PTS THRESHOLDS USED IN THE INITIAL TPP IHAS

Pile size and installation 

method Spreadsheet tab used 

Weighting 

factor 

adjustment 

(kHz) 

Source level 

Number of 

piles within 

24-h period 

Duration to 

drive a single 

pile 

(minutes) 

Number of 

strikes per 

pile 

Propagation 

(xLogR) 

Distance 

from source 

level 

measurement 

(meters) 

36-inch Steel-Impact ....... (E.1) Impact pile driving 2 173 dB SEL a 4 30 400 15 10 

24-inch Steel-Vibratory .... (A.1) Vibratory pile driving.2.5 161 dB RMS .. b 5 60 .................... .................... ......................

30-inch Steel-Vibratory .... ......................................... ...................... 166 dB RMS .. ...................... ...................... .................... .................... ......................

36-inch Steel-Vibratory .... ......................................... ...................... 166 dB RMS .. ...................... ...................... .................... .................... ......................

aThis source level includes an 8dB reduction from the use of a bubble curtain. 

bThe Navy expects to install only 4 piles per day using a vibratory hammer; however, for purposes of calculating the Level A harassment zones, they have conservatively assumed that they may install 5 piles per day. 

The Navy conducted SSV in 

September 2020 at the Service Pier site. 

Testing was conducted during impact 

driving of four 36-inch steel piles both 

with and without bubble curtains. Given 

the close proximity of the Service Pier 

site to the TPP site, NMFS determined 

that it is appropriate to apply the SSV 

data from the Service Pier site to the 

TPP site as well. Therefore, NMFS 

applied the same source level and 

propagation loss recorded for impact 

driving of 36-inch piles at the Service 

Pier site to the Year 1 TPP IHA in this 

modification. NMFS inserted recorded 

SSV values for 36-inch piles into the 

user spreadsheet. The acoustic data for 

each pile strike were frequency 

weighted for phocids following NMFS 

guidance (2016) and then averaged. This 

resulted in an average phocid weighted 

single strike SEL of 177 dB re 1mPa2s at 

10 m. Using the measured transmission 

loss at the Service Pier site of 25 (far 

field) and an assumption of 1,600 strikes 

per day (same as the initial TPP IHAs4 piles per day, 400 strikes per pile), the 

resulting isopleth for phocids was 92 

meters (m; Wood et al., 2020). 

Therefore, NMFS has updated the Level 

A harassment isopleth for phocids 

during impact driving of 36-inch piles 

in the TPP Year 1 IHA to 92 m. (Please 

see the notice of the issued, modified 

Service Pier IHA (85 FR 86538; 

December 30, 2020) for additional 

discussion regarding how this revised 

distance was applied to the take 

estimate for that IHA.) While vibratory 

is the preferred method of installation, 

impact driving was needed almost daily 

at the Service Pier project site, largely 

due to sediment conditions, and given 

the close proximity of the Service Pier 

site to the TPP site, NMFS expects that 

this could also occur at the TPP site. 

Even with the reduction of the 

phocids Level A harassment isopleth 


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50082 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

during impact pile driving from 158 m 

to 92 m, additional Level A harassment 

takes of harbor seals are warranted, as 

the Service Pier preliminary monitoring 

report states that two habituated 

individuals were sighted almost daily at 

the project site, and frequently 

approached in close proximity to the 

piles and barges during vibratory pile 

driving (including within the 30 m 

shutdown zone for that project). 

The Service Pier preliminary 

monitoring report states that nine 

individually identifiable harbor seals 

frequented the project site. These 

individuals are believed to be 

habituated by varying degrees to inwater construction activities. Some of 

them regularly enter and remain within 

Level A harassment and shutdown 

zones, and as noted above, two of them 

(pups) were sighted almost daily at the 

project site. The remainder of the group 

of nine are observed less frequently, but 

still regularly. All nine seals were 

observed in the initial Service Pier Level 

A harassment zone on some occasions, 

with six or more observations on 

numerous days. 

We also note that the area ensonified 

above the Level A harassment threshold 

for impact installation of 36-inch piles 

in this proposed modified TPP Year 1 

IHA has been reduced by approximately 

one third from the initial IHA, and the 

reissued Service Pier IHA. Based on the 

Service Pier preliminary monitoring 

report, NMFS and the Navy agreed that 

an increase of takes by Level A 

harassment, to 4 takes per day during 

Year 1, and 2 takes per day during Year 

2, is appropriate. Therefore, NMFS is 

proposing to authorize 320 takes by 

Level A harassment during Year 1 (4 

takes × 80 in-water work days), and 20 

takes by Level A harassment during 

Year 2 (2 takes × 10 in-water work days). 

This would allow for one take per day 

of each of the seals identified as visiting 

the Service Pier project site almost daily 

during Year 1 and Year 2, as well as two 

additional takes by Level A harassment 

that could be incurred by any of the 

other seven individuals if two of them 

entered the shutdown zone each day 

prior to detection, or a larger group 

entered every few days. 

As was the case for the initial IHAs, 

no impact pile driving is planned for 

Year 2, and the Level A harassment 

zones are smaller during Year 2. 

Further, while some of the habituated 

seals at the Service Pier site did come 

very close to the pile driving site (and 

even into the bubble curtain deployed 

for that project), many of the 

observations within the Level A 

harassment zone were farther from the 

pile driving location. Additionally, for 

Year 2 of the TPP project, harbor seals 

are unlikely to incur PTS during 

vibratory driving of 24-inch steel piles 

(half of the piles planned for installation 

in Year 2), given that the Level A 

harassment zone for phocids is 12 m 

(24-inch piles), and the Navy would 

have to shut down if any animal enters 

the area within 10 m of the pile driving 

site (though, as noted below, the Navy 

generally plans to shut down for most 

harbor seals during vibratory driving at 

15 m for 24-inch piles). Therefore, 

during Year 2 of the TPP project, they 

are only likely to incur PTS during 

vibratory driving of 30-inch steel piles, 

and even then, the zone is small (26 m). 

Most of the takes by Level A harassment 

in Year 1 and Year 2 are anticipated to 

occur to a smaller number of habituated 

individuals. 

The total numbers of incidental takes 

by Level A harassment and Level B 

harassment, including proposed 

updated Level A harassment take of 

harbor seal and as a percentage of 

population, is shown in Table 2 below. 

The total number of takes (Level A 

harassment and Level B harassment 

combined) has not changed for harbor 

seal because the additional takes by 

Level A harassment are assumed to 

occur to animals that would have 

previously been counted as taken by 

Level B harassment. Therefore, NMFS is 

proposing to reduce authorized Level B 

harassment take of harbor seal from 

2,800 to 2,500 during Year 1, and from 

350 to 330 in Year 2. 

TABLE 2—TOTAL NUMBERS OF AUTHORIZED TAKES BY LEVEL A AND LEVEL B HARASSMENT AND AS A PERCENTAGE OF

POPULATION

Species Stock Stock abundance 

Year 1 Year 2 

Level A 

harassment 

take 

Level B 

harassment 

take 

Total take 

(percent of 

stock) 

Level A 

harassment 

take 

Level B 

harassment 

take (percent 

of stock) 

Total take 

(percent of 

stock) 

Killer whale ............. West Coast Transient.243 .................... 0 12 12 (4.9) .............. 0 12 12 (4.9). 

Harbor porpoise ..... Washington Inland 

Waters.

11,233 ............... ...................... 1,728 1,728 (15.4) ....... ...................... 216 216 (1.9). 

Steller sea lion ....... Eastern U.S. .......... 43,201 ............... ...................... 320 320 (0.7) ............ ...................... 40 40 (0.1). 

California sea lion .. United States ......... 257,606 ............. ...................... 4,800 4,800 (1.9) ......... ...................... 600 600 (0.2). 

Harbor seal ............ Washington Inland 

Waters, Hood 

Canal.

Unknown ........... 320 2,500 2,820 (Unknown) 20 330 350 (Unknown). 

As stated in the notice of issuance of 

the initial TPP IHAs (85 FR 68291; 

October 28, 2020), no current 

abundance estimate is available for 

harbor seals. The most recent SAR 

abundance estimate for harbor seals in 

Washington inland waters is from 1999, 

which estimated 1,088 harbor seals in 

the Washington Inland Waters, Hood 

Canal stock. It is generally believed that 

harbor seal populations have increased 

significantly since (e.g., Mapes, 2013). 

Jefferson et al., (2017) estimates an inwater abundance of 2,009 harbor seals 

in the Hood Canal region. The in-water 

abundance provided in Jefferson et al. 

(2017) did not provide an abundance or 

correction factor for animals hauled out 

of the water. Huber et al., 2001 

estimated a correction factor of 1.53, but 

it is important to note that this 

correction factor applies for counts of 

hauled-out animals (e.g., animals hauled 

out multiplied by the correction factor 

for animals in-water = total abundance). 

Therefore, it is appropriate to apply this 

as a ‘‘reverse’’ correction factor (2,009/ 

0.53 = 3,791) to account for animals 

hauled out. Therefore, the total stock 

abundance estimate is equal to the sum 

of the in-water abundance plus the 

estimated abundance of hauled-out 

animals (2,009 + 3,791 = 5,800 total 

Hood Canal harbor seals). 

The estimated instances of take of the 

Washington Inland Waters, Hood Canal 

stock of harbor seals in Year 1 appear 

high when compared to the latest SAR 

stock abundance from 1999 or the stock 

abundance of 5,800 harbor seals 

described above. However, when other 

qualitative factors are used to inform an 


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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50083 

assessment of the likely number of 

individual harbor seals taken, the 

resulting numbers are considered small 

in Year 1 and Year 2. 

As stated in the notice of the initial 

TPP IHAs (85 FR 68291; October 28, 

2020), we anticipate that estimated takes 

of harbor seals are likely to occur only 

within some portion of the relevant 

population, rather than to animals from 

the stock as a whole. For example, takes 

anticipated to occur at Kitsap Bangor are 

expected to accrue to the same 

individual seals that routinely occur on 

haulouts at these locations, rather than 

occurring to new seals on each 

construction day. In summary, harbor 

seals taken as a result of the specified 

activities are expected to comprise only 

a limited portion of individuals 

comprising the overall relevant stock 

abundance. Therefore, we preliminarily 

find that small numbers of harbor seals 

will be taken relative to the population 

size of the Hood Canal stock of harbor 

seal in Year 1 and Year 2. 

Description of Mitigation, Monitoring 

and Reporting Measures 

With the exception of the revised 

shutdown provisions for harbor seals 

discussed below, the monitoring, and 

reporting measures described here are 

identical to those included in the initial 

TPP IHAs (85 FR 68291; October 28, 

2020). 

In addition to the measures described 

later in this section, the Navy will 

employ the following mitigation 

measures: 

• For in-water construction, heavy 

machinery activities other than pile 

driving, if a marine mammal comes 

within 10 m, operations shall cease and 

vessels shall reduce speed to the 

minimum level required to maintain 

steerage and safe working conditions; 

• Conduct briefings between 

construction supervisors and crews and 

the marine mammal monitoring team 

prior to the start of all pile driving 

activity and when new personnel join 

the work, to explain responsibilities, 

communication procedures, marine 

mammal monitoring protocol, and 

operational procedures; 

• If a species for which authorization 

has not been granted, or a species for 

which authorization has been granted 

but the authorized takes are met, is 

observed approaching or within the 

Level B harassment zone, pile driving 

and removal activities must shut down 

immediately using delay and shut-down 

procedures. Activities must not resume 

until the animal has been confirmed to 

have left the area or the observation 

time period, as indicated in condition 

4(e) of the IHAs, has elapsed. 

The following mitigation measures 

apply to the Navy’s in-water 

construction activities. 

Pile Driving Energy Attenuator—The 

Navy will use a marine pile-driving 

energy attenuator (i.e., air bubble 

curtain system) during impact pile 

driving (Year 1 only). The use of sound 

attenuation will reduce SPLs and the 

size of the zones of influence for Level 

A harassment and Level B harassment. 

Bubble curtains will meet the following 

requirements: 

• The bubble curtain must distribute 

air bubbles around 100 percent of the 

piling perimeter for the full depth of the 

water column; 

• The lowest bubble ring shall be in 

contact with the mudline for the full 

circumference of the ring, and the 

weights attached to the bottom ring 

shall ensure 100 percent mudline 

contact. No parts of the ring or other 

objects shall prevent full mudline 

contact; and 

• Air flow to the bubblers must be 

balanced around the circumference of 

the pile. 

Soft-Start—During impact driving 

(Year 1 only) the Navy is required to 

initiate sound from the hammer at 

reduced energy followed by a 30 second 

waiting period, then two subsequent 

reduced energy strike sets. A soft-start 

procedure will be implemented at the 

start of each day’s impact pile driving or 

any time following cessation of impact 

pile driving for a period of thirty 

minutes or longer. 

Establishment of Shutdown Zones— 

The Navy will establish shutdown zones 

for all pile driving and removal 

activities. All shutdown zones remain 

the same as those included in the initial 

IHAs, except for the shutdown zone for 

harbor seals during impact pile driving 

of 36-inch steel piles (applicable to Year 

1 IHA only) and vibratory driving of 24- 

inch steel piles (applicable to Year 2 

IHA only), for which the modifications 

are described below. 

As stated in the notice of the initial 

TPP IHAs (85 FR 68291; October 28, 

2020), in addition to the shutdown 

zones listed in Table 3, the Navy plans 

to shut down pile driving if a cetacean 

is observed within the Level B 

harassment zone. 

The Navy conducted a SSV study 

during construction at the Service Pier 

(85 FR 86538; December 30, 2020). 

Using results from that SSV study, 

NMFS calculated a revised Level A 

harassment isopleth for harbor seals 

during impact pile driving of 36-inch 

piles of 92 m rather than 158 m as 

calculated using proxy source levels in 

the initial TPP Year 1 IHA (85 FR 68291; 

October 28, 2020). Therefore, at the 

Navy’s request and with concurrence 

from NMFS, the shutdown zone for 

harbor seals has been reduced from 160 

m to 95 m during impact driving of 36- 

inch steel piles. 

TABLE 3—SHUTDOWN ZONES (m) DURING PILE INSTALLATION AND REMOVAL

Cetaceans 

Phocids 

(Harbor Seal 

only) 

Otariids 

Vibratory Driving of 24-inch Piles ................................................................................................ 65 15 10 

Vibratory Driving of 30-inch and 36-inch Piles ............................................................................ 65 30 10 

All Impact Pile Driving ................................................................................................................. 355 95 15 

Further, given the Navy’s 

practicability concerns regarding 

frequent shutdowns, NMFS reduced the 

shutdown zone for vibratory driving of 

24-inch piles to 15 m (applicable to Year 

2 only). This shutdown zone was 

previously 30 m (for all vibratory pile 

driving). A 15 m shutdown zone still 

includes the entire 12 m Level A 

harassment zone for phocids. The 

shutdown zones and the Level A 

harassment and Level B harassment 

isopleths for all other pile driving and 

species groups remain unchanged from 

the notice of the issuance of the initial 

IHAs (85 FR 68291; October 28, 2020). 

The reduced size of the shutdown 

zones for harbor seals discussed above, 

along with the increase in authorized 

take by Level A harassment should 

prevent the Navy from exceeding its 

authorized take limit for this species. 

However, even with a 95-m shutdown 

zone during impact driving and a 15 or 

30-m shutdown zone during vibratory 

driving, the Navy may continue to 

experience frequent work stoppages due 


sradovich on DSKJLST7X2PROD with NOTICES
50084 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

to frequent visits by habituated harbor 

seals. This could result in schedule 

delays and cost overruns and could 

potentially require an extra year of inwater construction activities. Therefore, 

it is not practicable for the Navy to shut 

down or delay pile driving activities 

every time a harbor seal is observed in 

a shutdown zone. 

Therefore, shutdowns would be 

initiated for harbor seals when observed 

approaching or entering the Level A 

harassment zones as described above, 

except when one or more of the two 

habituated harbor seals identified as 

daily visitors approaches or enters an 

established shutdown zone. In such 

cases, a single take by Level A 

harassment shall be recorded for each 

individual seal for the entire day, and 

operations will be allowed to continue 

without interruption. The behavior of 

these two daily visitors will be 

monitored and recorded as well as the 

duration of time spent within the 

harassment zones. This information will 

be recorded individually for each of the 

two seals. If any other seals, including 

the seven habituated seals identified as 

frequent visitors, approaches or enters 

into a Level A harassment zone, 

shutdown must occur. 

The minimum shutdown zone during 

any pile driving activity will always be 

at least 10 m. Shutdown is mandatory 

whenever an animal is within 10 m of 

pile driving location regardless of the 

exception noted above. In such 

instances, in-water pile driving 

operations may only continue after 15 

minutes have passed or the animal is 

seen heading away from the 10-m 

shutdown zone. 

The revisions in the mitigation, 

including the shutdown exception for 

habituated harbor seals, are necessary to 

allow for the practicable completion of 

the Navy’s specified activities. Although 

the predicted Level A harassment take 

numbers are higher than initially 

projected because of the behavior of the 

eight habituated animals, the likelihood 

of Level A harassment take of other 

individuals is lower than initially 

expected because the Level A 

harassment zone is smaller than initially 

predicted based on incorporation of the 

Service Pier SSV data. NMFS has 

considered the revised mitigation 

measures for harbor seals and 

determined that they will effect the least 

practicable adverse impact on harbor 

seals and their habitat. Nothing has 

changed since the initial IHAs for other 

species or stocks, and our analysis and 

conclusions remain the same. 

PSOs—The placement of PSOs during 

all pile driving and removal activities 

are described in detail in the Monitoring 

and Reporting section of the notice of 

the initial IHAs (85 FR 68291; October 

28, 2020) and remain unchanged. 

Should environmental conditions 

deteriorate such that marine mammals 

within the entire shutdown zone will 

not be visible (e.g., fog, heavy rain), pile 

driving and removal must be delayed 

until the PSO is confident marine 

mammals within the shutdown zone 

could be detected. 

Monitoring for Level A and Level B 

Harassment—The Navy will monitor 

the Level B harassment zones (areas 

where SPLs are equal to or exceed the 

160 dB rms threshold for impact driving 

and the 120 dB rms threshold during 

vibratory pile driving) to the extent 

practicable and the Level A harassment 

zones. Placement of PSOs on the pier, 

shoreline, and a vessel (see Monitoring 

and Reporting section in the notice of 

the initial IHAs (85 FR 68291; October 

28, 2020)) around the TPP site will 

allow PSOs to observe marine mammals 

within the Level B harassment zones. 

Pre-activity Monitoring—Prior to the 

start of daily in-water construction 

activity, or whenever a break in pile 

driving/removal of 30 minutes or longer 

occurs, PSOs will observe the shutdown 

and Level A harassment and Level B 

harassment zones for a period of 30 

minutes. If a marine mammal is 

observed within the shutdown zone, a 

soft-start cannot proceed until the 

animal has left the zone or has not been 

observed for 15 minutes. When a marine 

mammal for which Level B harassment 

take is authorized is present in the Level 

B harassment zone, activities may begin, 

and Level B harassment take will be 

recorded. If the entire Level B 

harassment zone is not visible at the 

start of construction, pile driving 

activities can begin. If work ceases for 

more than 30 minutes, the pre-activity 

monitoring of the shutdown zones will 

commence. 

Reporting—PSOs must record specific 

information as described in the Federal 

Register notice of the issuance of the 

initial IHAs (85 FR 68291; October 28, 

2020). Within 90 days after completion 

of pile driving and removal activities, 

the Navy must provide NMFS with a 

monitoring report which includes 

summaries of recorded takes and 

estimates of the number of marine 

mammals that may have been harassed. 

If no comments are received from NMFS 

within 30 days, the draft final report 

will constitute the final report. If 

comments are received, a final report 

addressing NMFS comments must be 

submitted within 30 days after receipt of 

comments. 

In the unanticipated event that: (1) 

The specified activity clearly causes the 

take of a marine mammal in a manner 

prohibited by the IHAs (if issued), such 

as an injury, serious injury or mortality; 

(2) a live marine mammal is found 

stranded, whether on shore or in or on 

any structure or vessel; or (3) personnel 

involved in the construction activities 

discover an injured or dead marine 

mammal, the Navy will follow the 

protocols described in the IHAs. 

Based on our evaluation of the 

applicant’s measures in consideration of 

the increased estimated take for harbor 

seals, as well as the modified shutdown 

provisions for harbor seals, NMFS has 

re-affirmed the determination that the 

required mitigation measures provide 

the means effecting the least practicable 

impact on harbor seals and their habitat. 

Preliminary Determinations 

With the exception of the revised 

harbor seal shutdown provisions, the 

Navy’s in-water construction activities 

as well as monitoring and reporting 

requirements are unchanged from those 

in the initial IHAs. The effects of the 

activity on the affected species and 

stocks, taking into consideration the 

modified mitigation and related 

monitoring measures, remain 

unchanged, notwithstanding the 

increase to the authorized amount of 

harbor seal take by Level A harassment. 

The nature of the pile driving project 

precludes the likelihood of serious 

injury or mortality. While injury could 

occur in a small group of habituated 

animals (nine or fewer), it would likely 

be limited to PTS at lower frequencies 

where pile driving energy is 

concentrated, and unlikely to result in 

impacts to individual fitness, 

reproduction, or survival of these 

individuals whose best hearing is in a 

higher frequency range. 

With approximately 80 in-water 

construction days during Year 1 and 10 

in-water construction days in Year 2, 

NMFS is proposing to increase 

authorized harbor seal take by Level A 

harassment to 320 in Year 1, and 20 in 

Year 2. Even in consideration of the 

increased numbers of take by Level A 

harassment, the impacts of these 

exposures, as noted above, may result in 

moderate injury to a limited number of 

harbor seals but are not expected to 

accrue to the degree that the fitness of 

any individuals is markedly impacted. 

Further, given the small number of 

individuals potentially impacted in this 

manner, no impacts on annual rates of 

recruitment or survival are likely to 

result. 

Separately, as described previously, 

the increase in Level A harassment take 

corresponds to a commensurate 

decrease in the predicted number of 


sradovich on DSKJLST7X2PROD with NOTICES
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50085 

Level B harassment, and the total 

number of takes remains unchanged. 

Therefore, in consideration of this, and 

the harbor seal stock abundance 

information discussed in the Estimated 

Take section above, we re-affirm that 

small numbers of harbor seals will be 

taken relative to the population size of 

the Washington Inland Waters, Hood 

Canal stock of harbor seal. 

In conclusion, there is no new 

information suggesting that our 

negligible impact analysis or finding for 

harbor seals should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has preliminarily reaffirmed 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) small 

numbers of marine mammals will be 

taken 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 (ESA) 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

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

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the modification 

of an IHA) with respect to potential 

impacts on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for 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 modified IHAs qualifies 

to be categorically excluded from 

further NEPA review. 

We will review all comments 

submitted in response to this document 

prior to concluding our NEPA process 

or making a final decision on the IHA 

requests. 

Proposed Authorization 

NMFS proposes to modify the IHAs to 

the Navy for in-water construction 

associated with the TPP project on 

Naval Base Kitsap Bangor, Washington. 

The only changes are increases in the 

authorized take of harbor seal take by 

Level A harassment from 20 to 320 in 

Year 1, and 0 to 20 in Year 2, changes 

to the shutdown requirements for harbor 

seals in both the Year 1 and Year 2 

IHAs, and changes to the effective dates 

of the IHAs. Drafts of the proposed 

modified IHAs can be found at: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. 

Request for Public Comments 

We request comment on our proposed 

modification of the IHAs for the Navy’s 

in-water construction activities 

associated with the TPP project. We also 

request comment on the potential for 

renewal of these modified IHAs 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 authorizations or 

subsequent Renewal IHAs. 

On a case-by-case basis, NMFS may 

issue a one-time, one-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 this notice, provided all of 

the following conditions are met: 

• 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 one year from 

expiration of the initial IHA). 

• 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. 

• 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: August 31, 2021. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–19146 Filed 9–3–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB386] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a public meeting of its 

Groundfish Committee via webinar to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). Recommendations from this 

group will be brought to the full Council 

for formal consideration and action, if 

appropriate. 

DATES: This webinar will be held on 

Thursday, September 23, 2021, at 9:30 

a.m. Webinar registration URL 

information: https://

attendee.gotowebinar.com/register/ 

2575598707704315150. 

ADDRESSES: Council address: New 

England Fishery Management Council, 

50 Water Street, Mill 2, Newburyport, 

MA 01950. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 


sradovich on DSKJLST7X2PROD with NOTICES