[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35180-35193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12395]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC004]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Chevron Point Orient Wharf Removal

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

ACTION: Notice; issuance of incidental harassment authorizations.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued two consecutive IHAs to the Chevron Products 
Company (Chevron) to incidentally harass marine mammals during in-water 
construction activities associated with the Point Orient Wharf Removal 
in San Francisco Bay, California.

DATES: These authorizations are effective from June 1, 2022 through May 
31, 2023 and June 1, 2023 through May 31, 2024.

FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the application 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. 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 proposed or, if the taking is limited to harassment, a notice of a 
proposed incidental harassment authorization is provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the species or stocks for 
taking for certain subsistence uses

[[Page 35181]]

(referred to in shorthand as ``mitigation''); and requirements 
pertaining to the mitigation, monitoring and reporting of the takings 
are set forth.
    The definitions of all applicable MMPA statutory terms cited above 
are included in the relevant sections below.

Summary of Request

    On January 11, 2022, NMFS received a request from Chevron for 2 
consecutive IHAs to take marine mammals incidental to the Point Orient 
Wharf Removal in San Francisco Bay, California. The application was 
deemed adequate and complete on April 4, 2022. Chevron's request is for 
take of seven species of marine mammals by Level B harassment only. 
Neither Chevron nor NMFS expect serious injury or mortality to result 
from this activity and, therefore, an IHA is appropriate.
    NMFS previously issued IHAs to Chevron for vibratory pile driving 
and removal work (82 FR 27240, June 14, 2017; 83 FR 27548, June 13, 
2018; 84 FR 28474, June 19, 2019; 85 FR 37064, June 19, 2020; 86 FR 
28582, May 27, 2021). Chevron complied with all the requirements (e.g., 
mitigation, monitoring, and reporting) of the previous IHAs and 
information regarding their monitoring results may be found in the 
Description of Marine Mammals in Areas of the Specified Activity 
section of the Federal Register notice for the proposed IHAs (87 FR 
24950, April 27, 2022) and the Estimated Take section.
    There are no changes from the proposed IHA to the final IHA.

Description of Proposed Activity

Overview

    Chevron proposes to remove the decommissioned Point Orient Wharf 
(the Wharf) located in northeastern San Francisco Bay (the Bay), CA. 
The Wharf covers an area of approximately 8,094 m (2 acres) and extends 
just about 396 m (1,300 feet) into the Bay. Over the course of two 
years spanning from June 1, 2022-November 30, 2022 and June 1, 2023-
November 30, 2023, Chevron will remove the Wharf in its entirety and 
restore eelgrass to the surrounding subtidal habitat, enhancing the 
environment of the Bay. Vibratory pile removal will be used to extract 
piles. This method is considered a non-impulsive continuous noise 
source that may result in the incidental take of marine mammals by 
Level B harassment in the form of behavioral harassment. NMFS has 
issued an IHA to Chevron for each of the two project years.

Dates and Duration

    Chevron anticipates that removal of the Wharf will occur over two 
years. The in-water work window is anticipated to last from June 1 to 
November 30 in 2022 (Year 1) and June 1 to November 30 in 2023 (Year 
2), although vibratory extraction will only occur in 12 weeks of each 
annual work period. The seasonal work window of June through November 
each year is planned based upon the expectation that sensitive life 
stages of listed fish species, such as steelhead and salmon, will not 
be in the area. Construction will consist of approximately 100 in-water 
work days only during daylight hours.

Specific Geographic Region

    The Wharf is located in central San Francisco Bay (the Bay) on the 
western side of Point San Pablo, approximately 2.9 km (1.8 miles) north 
of the eastern terminus of the Richmond San-Rafael Bridge (RSRB) in 
Contra Costa County (Figure 1). The Brothers Islands and Lighthouse are 
approximately 800 meters (2,600 feet) to the north of the Wharf. The 
Wharf is located near a shipping channel, and regular boat traffic in 
the vicinity accounts for the majority of ambient underwater noise in 
the area.
    The Point Orient Wharf consists of two portions: a narrower portion 
of the Wharf that runs perpendicular to the shoreline, known as the 
Causeway and which will be removed in Year 1, and a wider portion that 
runs parallel to the shoreline, known as the Main Wharf and which will 
be removed in Year 2. While the Wharf was in use, a dredged channel and 
berthing area with a depth of approximately 10 m (33 feet) below mean 
lower low water (MLLW) was maintained on the western side of the Main 
Wharf. However, since the Wharf was decommissioned, the channel and 
berthing area have filled in with sediment. A deep scour pocket of 
approximately 15.2 m (50 feet) below MLLW is maintained by tidal action 
west of the Main Wharf and 10 m (33 feet) below MLLW southeast of the 
Main Wharf. Bathymetry along the Causeway ranges from the upper 
intertidal at the eastern end of the Causeway to a depth of 
approximately 4.9 m (16 feet) below MLLW at its western end.

[[Page 35182]]

[GRAPHIC] [TIFF OMITTED] TN09JN22.007

Detailed Description of Specific Activity

    Chevron intends to remove the Wharf in its entirety, and restore 
eelgrass to the subtidal habitat in areas under the Causeway portion of 
the Wharf that are currently affected by the shading imposed by the 
structure. This project will utilize vibratory removal to extract 
approximately 910 timber piles and 90 steel piles from the Bay (Table 
1).

                               Table 1--Summary of Pile Removal Activities by Year
----------------------------------------------------------------------------------------------------------------
                                                                   Approximate     Approximate
                                                      Number of    duration of      number of    Total number of
            Pile type              Diameter (inches)    piles     vibration per   piles removed     work days
                                                                 pile (minutes)      per day
----------------------------------------------------------------------------------------------------------------
                                           Year 1 Vibratory Extraction
----------------------------------------------------------------------------------------------------------------
Timber..........................  12................        401               6              18             * 35
Timber concrete encased.........  18 (12-inch timber        133               9              11
                                   core).
----------------------------------------------------------------------------------------------------------------
                                           Year 2 Vibratory Extraction
----------------------------------------------------------------------------------------------------------------
Timber..........................  12................        220               6              18             * 27
Timber concrete encased.........  18 (12-inch timber        156               9              11
                                   core).
Steel...........................  36................         34              45               2               18
Steel...........................  30................         40              32               3               10
Steel...........................  24................         16              26               4                6
----------------------------------------------------------------------------------------------------------------

    A detailed description of the planned Point Orient Wharf Removal is 
provided in the Federal Register notice for the proposed IHA (87 FR 
24950; April 27, 2022). Since that time, no changes have been made to 
the planned activities. Therefore, a detailed description is not 
provided here. Please refer to that Federal Register notice for the 
detailed description of the specific activity. Mitigation, monitoring, 
and reporting measures are described in detail later in this document 
(please see Mitigation and Monitoring and Reporting).

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to Chevron was 
published in the Federal Register on April 27, 2022 (87 FR 24950). That 
notice described, in detail, Chevron's activity, the marine mammal 
species that may be affected by

[[Page 35183]]

the activity, and the anticipated effects on marine mammals. No public 
comments were received on the proposed notice.

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history of the potentially affected species. NMFS 
fully considered all of this information, and we refer the reader to 
these descriptions, incorporated here by reference, instead of 
reprinting the information. Additional information regarding population 
trends and threats may be found in NMFS' Stock Assessment Reports 
(SARs; www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these 
species (e.g., physical and behavioral descriptions) may be found on 
NMFS' website (https://www.fisheries.noaa.gov/find-species).
    Table 2 lists all species or stocks for which take is expected and 
authorized for this action, and summarizes information related to the 
population or stock, including regulatory status under the MMPA and 
Endangered Species Act (ESA) and potential biological removal (PBR), 
where known. PBR is defined by the MMPA as the maximum number of 
animals, not including natural mortalities, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
optimum sustainable population (as described in NMFS' SARs). While no 
serious injury or mortality is anticipated or authorized here, PBR and 
annual serious injury and mortality from anthropogenic sources are 
included here as gross indicators of the status of the species and 
other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS' stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. Pacific Marine Mammal SARs (e.g., Carretta et al., 2021). 
All values presented in Table 2 are the most recent available at the 
time of publication and are available in the 2020 SARs (Carretta et 
al., 2021) and draft 2021 SARs (available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports).

                                              Table 2--Species Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         ESA/ MMPA status;   Stock abundance (CV,
             Common name                  Scientific name               Stock             strategic (Y/N)      Nmin, most recent       PBR     Annual M/
                                                                                                \1\          abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Eschrichtiidae:
    Gray whale......................  Eschrichtius robustus..  Eastern N Pacific......  -, -, N             29960 (0.05, 25,849,          801        131
                                                                                                             2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
    Bottlenose Dolphin..............  Tursiops truncatus.....  California Coastal.....  -, -, N             453 (0.06, 346, 2011).        2.7      >=2.0
Family Phocoenidae (porpoises):
    Harbor Porpoise.................  Phocoena phocoena......  San Francisco-Russian    -, -, N             7,777 (0.62, 4,811,            73      >=0.4
                                                                River.                                       2017).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
 sea lions):.
    California Sea Lion.............  Zalophus californianus.  U.S....................  -, -, N             257,606 (N/A, 233,515,     14,011       >320
                                                                                                             2014).
Family Phocidae (earless seals):
    Harbor Seal.....................  Phoca vitulina.........  California.............  -, -, N             30,968 (N/A, 27,348,        1,641         43
                                                                                                             2012).
    Northern Elephant Seal..........  Mirounga angustirostris  California Breeding....  -, -, N             187,386 (N/A, 85,369,       5,122        5.3
                                                                                                             2013).
    Northern Fur Seal...............  Callorhinus ursinus....  California.............  -, D, N             14,050 (N/A, 7,524,           451        1.8
                                                                                                             2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance. In some cases, CV is not applicable [explain if this is the case]
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI (mortality/serious injury) often cannot be determined precisely and is in some cases presented as a
  minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

    As indicated above, all 7 species (with 7 managed stocks) in Table 
2 temporally and spatially co-occur with the activity to the degree 
that take is reasonably likely to occur. All species that could 
potentially occur in the proposed survey areas are included in Table 4-
1 of the IHA application. While humpback whales (Megaptera noveangliae) 
and Steller sea lions (Eumetopias jubatus) have been documented in the 
Bay area, the temporal and spatial occurrence of these species is such 
that take is not expected to occur. Therefore, they are not discussed 
further beyond the explanation provided in the Federal Register notice 
for the proposed IHA (87 FR 24950 April 27, 2022).

[[Page 35184]]

    A detailed description of the species likely to be affected by 
Chevron's Point Orient Wharf Removal, including brief introductions to 
the species and relevant stocks as well as information regarding 
population trends and threats, and information regarding local 
occurrence were provided in the Federal Register notice for the 
proposed IHA (87 FR 24950 April 27, 2022); since that time, we are not 
aware of any changes in the status of these species and stocks; 
therefore, detailed descriptions are not provided here. Please refer to 
the Federal Register notice for these descriptions. Please also refer 
to NMFS's website (https://fisheries.noaa.gov/find-species) for 
generalized species accounts.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of underwater noise from Chevron's construction 
activities have the potential to result in behavioral harassment of 
marine mammals in the vicinity of the project area. The notice of the 
proposed IHAs (87 FR 24950; April 27, 2022) included a discussion of 
the effects of anthropogenic noise on marine mammals and the potential 
effects of underwater noise from Chevron's construction activities on 
marine mammals and their habitat. That information and analysis is not 
repeated here; please refer to the notice of proposed IHAs (87 FR 
24950; April 27, 2022).

Estimated Take

    This section provides an estimate of the number of incidental takes 
authorized through these IHAs, which informed both NMFS' consideration 
of ``small numbers'' and the negligible impact determinations.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance, which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes are by Level B harassment only, in the form of 
disruption of behavioral patterns and/or TTS, for individual marine 
mammals resulting from exposure to vibratory pile removal. Based on the 
nature of the activity and the anticipated effectiveness of the 
mitigation measures (i.e., shutdown zones and protected species 
monitoring)--discussed in detail below in the Mitigation section, Level 
A harassment is neither anticipated nor authorized.
    As described previously, no serious injury or mortality is 
anticipated or authorized for this activity. Below we describe how the 
take numbers are estimated.
    For acoustic impacts, generally speaking, we estimate take by 
considering: (1) acoustic thresholds above which NMFS believes the best 
available science indicates marine mammals will be behaviorally 
harassed or incur some degree of permanent hearing impairment; (2) the 
area or volume of water that will be ensonified above these levels in a 
day; (3) the density or occurrence of marine mammals within these 
ensonified areas; and, (4) the number of days of activities. We note 
that while these factors can contribute to a basic calculation to 
provide an initial prediction of potential takes, additional 
information that can qualitatively inform take estimates is also 
sometimes available (e.g., previous monitoring results or average group 
size). Below, we describe the factors considered here in more detail 
and present the take estimates.

Acoustic Thresholds

    NMFS recommends the use of acoustic thresholds that identify the 
received level of underwater sound above which exposed marine mammals 
would be reasonably expected to be behaviorally harassed (equated to 
Level B harassment) or to incur PTS of some degree (equated to Level A 
harassment). Thresholds have also been developed identifying the 
received level of in-air sound above which exposed pinnipeds would 
likely be behaviorally harassed.
    Level B Harassment--Though significantly driven by received level, 
the onset of behavioral disturbance from anthropogenic noise exposure 
is also informed to varying degrees by other factors related to the 
source or exposure context (e.g., frequency, predictability, duty 
cycle, duration of the exposure, signal-to-noise ratio, distance to the 
source), the environment (e.g., bathymetry, other noises in the area, 
predators in the area), and the receiving animals (hearing, motivation, 
experience, demography, life stage, depth) and can be difficult to 
predict (e.g., Southall et al., 2007, 2021, Ellison et al., 2012). 
Based on what the available science indicates and the practical need to 
use a threshold based on a metric that is both predictable and 
measurable for most activities, NMFS typically uses a generalized 
acoustic threshold based on received level to estimate the onset of 
behavioral harassment. NMFS generally predicts that marine mammals are 
likely to be behaviorally harassed in a manner considered to be Level B 
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced 
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile-
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g., 
scientific sonar) sources. For in-air sounds, NMFS predicts that harbor 
seals exposed above received levels of 90 dB re 20 [mu]Pa (rms) will be 
behaviorally harassed, and other pinnipeds will be harassed when 
exposed above 100 dB re 20 [mu]Pa (rms).
    Chevron's Point Orient Wharf Removal includes the use of continuous 
non-impulsive (vibratory pile removal) sources, and therefore the RMS 
SPL 120 re 1 [mu]Pa is applicable.
    Level A harassment--NMFS' Technical Guidance for Assessing the 
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0) 
(Technical Guidance, 2018) identifies dual criteria to assess auditory 
injury (Level A harassment) to five different marine mammal groups 
(based on hearing sensitivity) as a result of exposure to noise from 
two different types of sources (impulsive or non-impulsive). Chevron's 
Point Orient Wharf Removal includes the use non-impulsive vibratory 
pile removal.
    These thresholds are provided in the table below. The references, 
analysis, and methodology used in the development of the thresholds are 
described in NMFS' 2018 Technical Guidance, which may be accessed at: 
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.

[[Page 35185]]



 Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
------------------------------------------------------------------------
                                   PTS onset thresholds \*\ (received
                                                 level)
         Hearing group         -----------------------------------------
                                    Impulsive          Non-impulsive
------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans..  Cell 1: Lp,0-      Cell 2: LE,p, LF,24h:
                                 pk,flat: 219 dB;   199 dB.
                                 LE,p, LF,24h:
                                 1183 dB.
Mid-Frequency (MF) Cetaceans..  Cell 3: Lp,0-      Cell 4: LE,p, MF,24h:
                                 pk,flat: 230 dB;   198 dB.
                                 LE,p, MF,24h:
                                 1185 dB.
High-Frequency (HF) Cetaceans.  Cell 5: Lp,0-      Cell 6: LE,p, HF,24h:
                                 pk,flat: 202 dB;   173 dB.
                                 LE,p ,HF,24h:
                                 155 dB.
Phocid Pinnipeds (PW).........  Cell 7: Lp,0-      Cell 8: LE,p,PW,24h:
(Underwater)..................   pk.flat: 218 dB;   201 dB.
                                 LE,p,PW,24h:
                                 1185 dB.
Otariid Pinnipeds (OW)........  Cell 9: Lp,0-      Cell 10: LE,p,OW,24h:
(Underwater)..................   pk,flat: 232 dB;   219 dB.
                                 LE,p,OW,24h: 203
                                 dB.
------------------------------------------------------------------------
* Dual metric thresholds for impulsive sounds: Use whichever results in
  the largest isopleth for calculating PTS onset. If a non-impulsive
  sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds are
  recommended for consideration.
Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1
  [micro]Pa, and weighted cumulative sound exposure level (LE,p) has a
  reference value of 1[micro]Pa\2\s. In this Table, thresholds are
  abbreviated to be more reflective of International Organization for
  Standardization standards (ISO 2017). The subscript ``flat'' is being
  included to indicate peak sound pressure are flat weighted or
  unweighted within the generalized hearing range of marine mammals
  (i.e., 7 Hz to 160 kHz). The subscript associated with cumulative
  sound exposure level thresholds indicates the designated marine mammal
  auditory weighting function (LF, MF, and HF cetaceans, and PW and OW
  pinnipeds) and that the recommended accumulation period is 24 hours.
  The 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.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that are used in estimating the area ensonified above the 
acoustic thresholds, including source levels and transmission loss 
coefficient.
    Pile extraction using a vibratory hammer will generate underwater 
noise that potentially could result in disturbance to marine mammals 
near the project area. A review of underwater sound measurements for 
similar projects was conducted to estimate the near-source sound levels 
for vibratory pile extraction for each pile type. Vibratory pile 
extraction (and if not available, vibratory driving) sound from similar 
type and sized piles have been measured from other projects and can be 
used to estimate the noise levels that this project would generate. 
This analysis uses the practical spreading loss model, a standard 
assumption regarding sound propagation for similar environments, to 
estimate transmission of sound through water. For this analysis, the 
transmission loss factor of 15 (4.5 dB per doubling of distance) is 
used. A weighting adjustment factor of 2.5, a standard default value 
for vibratory pile driving and removal, was used to calculate Level A 
harassment areas.
    Pile extraction will include the removal of existing 12-inch timber 
piles during Year 1 and Year 2, and the removal of various sizes of 
steel piles during Year 2. Approximately 543 timber piles would be 
removed in Year 1 and 376 timber piles in Year 2. Of the timber piles 
in Year 1, 133 piles are encased in concrete, however, since the 
concrete wrapping is only present on the upper portion of the pile, 
these piles are expected to behave as the unwrapped timber piles in 
regards to generation of underwater noise. Although some piles may be 
extracted with direct pulling, this analysis assumes that a vibratory 
pile driver will be used to remove all piles. Up to 18 of the unwrapped 
piles or 11 of the wrapped piles could be extracted in one work day, 
but on most days a co-mingling of the two types would likely be 
removed. Vibratory extraction time needed for each pile could require 
approximately 6 minutes for each of the unwrapped piles and 9 minutes 
for each of the concrete wrapped piles (Table 1). An estimated 35 work 
days will be spent in Year 1 removing timber piles and approximately 27 
work days will be spent removing timber piles in Year 2 (Table 1). The 
most applicable noise values for timber pile removal from which to base 
estimates for the proposed project are the values used for the Pier 62/
63 pile removal in Seattle, Washington (City of Seattle 2017). During 
vibratory pile extraction associated with this project, the RMS was 
estimated to be approximately 152 dB at a distance of 10 meters (City 
of Seattle, 2017) (Table 4).
    In Year 2, 34 36-inch steel piles will be extracted. Each 36-inch 
steel pipe pile may require approximately 45 minutes of vibratory 
extraction for removal. Up to two of these piles could be removed in a 
single work day (Table 1). Chevron is planning a total of 18 work days 
to remove the 36-inch steel piles (Table 1). Installation of this pile 
type was hydro-acoustically monitored during the CLWMEP in 2019 (AECOM 
2020). As pile installation typically produces more sound than 
vibratory removal, the sound levels during vibratory extraction in this 
project are expected to be equal to or less than the maximum sound 
levels recorded during that installation. The maximum measured peak 
sound value was 196 dB measured at 10 meters, and the highest median 
RMS value recorded was 167 dB measured at 15 meters (AECOM 2020) (Table 
4).
    Approximately 40 30-inch steel piles would also be removed in Year 
2. Each 30-inch steel pipe pile may require approximately 32 minutes of 
vibratory extraction for removal. Up to three of these piles could be 
removed in a single work day (Table 1). Chevron has planned 
approximately 10 work days to remove the 30-inch steel piles (Table 1). 
Installation of this pile type was hydro-acoustically monitored at the 
WETA Downtown Ferry Terminal in San Francisco, CA (Caltrans 2020). The 
sound levels during vibratory extraction are expected to be equal to or 
less than the maximum sound levels recorded during that installation. 
The maximum measured peak sound value was 183 dB measured at 7 meters, 
and the highest median rms value recorded was 156 dB measured at 7 
meters (Caltrans 2020) (Table 4).
    In Year 2, approximately 16 24-inch steel piles would be removed. 
Each 24-inch steel pile may require up to 26 minutes of vibration to 
remove (Table

[[Page 35186]]

1). Chevron has planned approximately 6 work days to remove the 24-inch 
steel piles (Table 1). Installation of this pile type was hydro-
acoustically monitored at the WETA Downtown Ferry Terminal in San 
Francisco, CA (Caltrans 2020). The sound levels during vibratory 
extraction are expected to be equal to or less than the maximum sound 
levels recorded during that installation. For the 24-inch piles, the 
maximum measured peak sound value was 178 dB measured at 15 meters, and 
the highest median RMS value recorded was 157 dB measured at 15 meters 
(Caltrans 2020) (Table 4).

                   Table 4--Source Levels for Vibratory Removal of Piles for Year 1 and Year 2
----------------------------------------------------------------------------------------------------------------
                                                                                   Source levels/source distance
                                                                                                (m)
                            Pile type                              Diameter (in) -------------------------------
                                                                                       Peak             RMS
----------------------------------------------------------------------------------------------------------------
                                                     Year 1
----------------------------------------------------------------------------------------------------------------
Timber..........................................................              12              NA          152/10
----------------------------------------------------------------------------------------------------------------
                                                     Year 2
----------------------------------------------------------------------------------------------------------------
Timber..........................................................              12              NA          152/10
Steel...........................................................              36          196/10          167/15
Steel...........................................................              30           183/7           156/7
Steel...........................................................              24          178/15          157/15
----------------------------------------------------------------------------------------------------------------

    The ensonified area associated with Level A harassment is more 
technically challenging to predict due to the need to account for a 
duration component. Therefore, NMFS developed an optional User 
Spreadsheet tool to accompany the Technical Guidance that can be used 
to relatively simply predict an isopleth distance for use in 
conjunction with marine mammal density or occurrence to help predict 
potential takes. We note that because of some of the assumptions 
included in the methods underlying this optional tool, we anticipate 
that the resulting isopleth estimates are typically going to be 
overestimates of some degree, which may result in an overestimate of 
potential take by Level A harassment. However, this optional tool 
offers the best way to estimate isopleth distances when more 
sophisticated modeling methods are not available or practical. For 
stationary sources (such as vibratory pile removal), the optional User 
Spreadsheet tool predicts the distance at which, if a marine mammal 
remained at that distance for the duration of the activity, it will be 
expected to incur PTS. Inputs used in the User Spreadsheet are reported 
in Table 1 and source levels used in the spreadsheet are reported in 
Table 4. The resulting Level A and Level B harassment isopleths as well 
as area of the Level B harassment isopleths are reported below in Table 
5.

                                             Table 5--Level A and Level B Harassment Isopleths by Pile Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Hearing group
                                                          -----------------------------------------------------------------
                                                                                Level A isopleths (m)                         Level B        Level B
                        Pile type                         -----------------------------------------------------------------  isopleths    isopleth area
                                                                LF           MF           HF         Phocid      Otariid        (m)          (km\2\)
                                                            cetaceans    cetaceans    cetaceans    pinnipeds    pinnipeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Timber...................................................            3            1            4            2            1        1,359             3.81
36'' steel...............................................           34            3           50           21            2       20,390            26.93
30'' steel...............................................            3            1            5            2            1        1,758             0.93
24'' steel...............................................            8            1           12            5            1        4,393             5.14
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The maximum distance to the Level A harassment threshold during 
construction will be during the vibratory removal of the 36 inch steel 
piles during Year 2 (34 m for gray whales, 3 m for bottlenose dolphins, 
50 m for harbor porpoises, 21 m for harbor seals, and 2 m for sea 
lions). The largest Level B harassment zone extends out to 20,390 m for 
extraction of the 36 inch steel piles. Area was calculated for each 
Level B harassment isopleth through a GIS exercise and incorporated 
into take calculations for California sea lions and harbor porpoises.

Marine Mammal Occurrence and Take Estimation

    In this section we provide information about the occurrence of 
marine mammals, including density or other relevant information that 
will inform the take calculations. We will also describe how this 
information is brought together to produce a quantitative take estimate 
for each species.
Harbor Seals
    Limited at-sea densities are available for Pacific harbor seals in 
San Francisco Bay. To estimate the number of harbor seals potentially 
exposed to Level B harassment, take estimates were developed based upon 
annual surveys of haul outs in San Francisco Bay conducted by the 
National Park Service (NPS) (Codde and Allen 2013, 2015, 2017, 2020; 
Codde 2020). Harbor seals spend more time hauled out and enter the 
water later in the evening during molting season (NPS 2014). The 
molting season occurs from June-July and overlaps with the construction 
period of June-November, therefore, haul out counts may provide 
accurate estimates of harbor seals in the area during that time. Due to 
the close proximity of Castro Rocks to the project area, haul out 
occupancy of Castro Rocks was selected to determine take estimates. 
Calculations of take estimates were based upon the highest mean value 
of harbor seals observed at Castro Rocks during the molting season in 
any recent NPS annual survey. The highest mean number of harbor seals 
was recorded in 2019 as 237 seals (Table 6).
    Based upon radio and telemetry data in San Francisco Bay, it is 
expected that harbor seals concentrate within 10 m of Castro Rocks in 
all directions while foraging (Grigg et al., 2012). Due to the

[[Page 35187]]

close proximity of the project area to Castro Rocks, it is expected 
that include all seals (237) on a given day would swim into the Level B 
harassment zone during steel pile extraction and half of the seals 
(119) would swim into the Level B harassment zone during timber pile 
extraction. Chevron requested a total of 4,165 takes of harbor seals by 
Level B harassment across the 35 planned work days in Year 1 (Table 7). 
In Year 2, Chevron requested a total of 11,271 takes of harbor seals by 
Level B harassment across the 61 planned work days (Table 8).
    Chevron will implement shutdown zones based upon the distances to 
the Level A harassment threshold for each hearing group (Table 5). 
Therefore, takes of harbor seals by Level A harassment were not 
requested, nor are takes by Level A harassment authorized by NMFS.
California Sea Lions
    Although there are no haul out sites for California sea lions in 
close proximity to the Wharf, sea lions have consistently been sighted 
in San Francisco Bay while monitoring during past construction projects 
(AECOM 2019, 2020; Caltrans 2017). During a long-term monitoring effort 
for the demolition and reuse of the original east span of the San 
Francisco Oakland Bay Bridge in the central Bay, 83 California sea 
lions were observed in the vicinity of the bridge over a 17-year period 
(2000 to 2017) (Caltrans 2017). In order to calculate the estimated at-
sea density of sea lions, the number of sea lions observed over the 17 
year period (83 animals) was divided by the number of monitoring days 
(257 days) to find the number of sea lions observed per day. The total 
number of sea lions observed per day was then divided by the area of 
the monitoring zone (2 km\2\) to derive an estimated at-sea density of 
0.16 animals per square kilometer (Caltrans 2017) (Table 7). In order 
to calculate daily take estimate for the current Wharf removal project, 
sea lion density was multiplied by the area of the Level B harassment 
zone for each pile type (Tables 5). The daily take estimate was then 
multiplied by the number of work days for that pile type to receive a 
total take estimate per year (Tables 7, 8). Chevron requested a total 
of 22 takes of California sea lions by Level B harassment in Year 1, 
and a total of 542 takes of California sea lions by Level B harassment 
in Year 2 (Tables 7, 8).
    Level A harassment takes of California sea lions were not requested 
by Chevron, nor are they authorized by NMFS. As Chevron will implement 
a shutdown zone for all Level A harassment isopleths for each hearing 
group, Level A harassment takes are not expected.
Harbor Porpoise
    The harbor porpoise population has been growing over time in San 
Francisco Bay (Stern et al., 2017). Although commonly sighted in the 
vicinity of Angel Island and the Golden Gate, approximately 6 and 12 
kilometers (3.7 and 7.5 miles, respectively) southwest of the Wharf, 
individuals may use other areas of central San Francisco Bay (Keener 
2011), as well as the project area.
    As in the case of California sea lions, density estimates 
temporally and spatially aligned with the project work period were 
available for harbor porpoises based upon long term monitoring for the 
demolition and reuse of the original east span of the San Francisco 
Oakland Bay Bridge in the central Bay (Caltrans 2017). During the 257 
days of monitoring from 2000-2017, approximately 24 harbor porpoises 
were observed in the bridge vicinity. The total number of harbor 
porpoises observed per day was calculated by dividing the total number 
of harbor porpoises observed by the number of monitoring days. This 
estimate per day was then divided by the area of the monitoring zone 
for harbor porpoises (15 km\2\) to calculate an at-sea density of 
harbor porpoises to be 0.17 harbor porpoises/square kilometer. In order 
to calculate a daily take estimate for the current Wharf removal 
project, the density of harbor porpoises (0.17) was multiplied by the 
area of the Level B harassment zone for each pile type (Table 5). To 
calculate a total take estimate of harbor porpoises per year, the daily 
estimate was multiplied by the number of anticipated work days for each 
pile type (Tables 1, 7, 8). Chevron requested a total of 23 takes of 
harbor porpoises by Level B harassment in Year 1 (Table 8), and a total 
of 576 takes of harbor porpoises by Level B harassment in Year 2 (Table 
9).
    Takes of harbor porpoises by Level A harassment are not expected as 
Chevron plans to shut down construction activities within the Level A 
harassment zones for all pile types and hearing groups. NMFS has not 
authorized Level A harassment takes of harbor porpoises, nor have Level 
A harassment takes been requested.
Bottlenose Dolphin
    Bottlenose dolphins in San Francisco Bay are typically observed 
west of Treasure Island, near the Golden Gate at the mouth of the Bay, 
and along the nearshore areas of San Francisco south to Redwood City 
(Bay Nature Institute 2014; NMFS 2017). The numbers of dolphins in San 
Francisco Bay have been increasing over the years (Perlman 2017; 
Szczepaniak et al., 2013). Although dolphins may occur in the Bay year-
round, density estimates are limited. Beginning in 2015, two 
individuals have been observed frequently in the vicinity of Alameda 
(APER 2019; Perlman 2017). The average reported group size for 
bottlenose dolphins in this area is five. Assuming a group of five 
dolphins comes into San Francisco Bay on two week intervals and 
vibratory pile extraction occurs over 6 two-week periods, 30 takes of 
bottlenose dolphins would be expected if the group enters the area over 
which the Level B harassment thresholds may be exceeded (Tables 8, 9). 
Chevron requested 30 takes of bottlenose dolphins by Level B harassment 
per year (Tables 8, 9).
    Takes of bottlenose dolphins by Level A harassment are not 
anticipated as Chevron plans to implement a shutdown zone for all Level 
A harassment isopleths. Takes of bottlenose dolphins by Level A 
harassment were not requested by Chevron nor are they authorized by 
NMFS.
Gray Whale
    Gray whales are most often sighted in San Francisco Bay during 
February and March, however, Wharf removal is not planned to occur 
during this time. Prior monitoring reports of similar projects 
occurring during the same work windows did not document gray whales in 
the area (AECOM 2019, 2020). Limited sightings of gray whales in the 
Bay include strandings, (Bartlett 2022; TMMC 2019), monitoring during 
work on the RSRB (Winning 2008), and whale watch reports (Bartlett 
2022). At-sea densities and regular observational data for gray whales 
in San Francisco Bay during the planned project time are not available. 
Therefore, take estimates are based upon the potential for one pair of 
gray whales to be present in the project area each year. In the event 
that gray whales are in the project area during the time of 
construction activities, Chevron requested two takes of gray whales by 
Level B harassment per year (Tables 8, 9).
    Takes of gray whales by Level A harassment are not anticipated as 
Chevron plans to shut down construction activities within the Level A 
harassment zones for all pile types and hearing groups. NMFS has not 
authorized any takes by Level A harassment of gray whales, nor were any 
takes by Level A harassment requested.

[[Page 35188]]

Northern Elephant Seal
    Small numbers of elephant seals may haul out or strand within 
central San Francisco Bay (Caltrans 2015; Hern[aacute]ndez 2020). 
Previous monitoring, however, has shown northern elephant seal 
densities to be very low in the area and out of season for the proposed 
Wharf removal project. Additionally, northern elephant seals were not 
observed during pile driving monitoring for the CLWMEP from 2018-2020, 
which was located just south of the proposed project area. However, as 
northern elephant seals have been sighted in the Bay, and on assumption 
that an elephant seal enters the Level B harassment zone once every 
three days during pile extraction, Chevron requested authorization of a 
total of 12 takes of elephant seals by Level B harassment during Year 1 
and 21 takes of elephant seals by Level B harassment during Year 2 
(Tables 8, 9).
    Takes of elephant seals by Level A harassment are not anticipated 
as Chevron plans to implement a shutdown zone for all Level A 
harassment isopleths. Takes of elephant seals by Level A harassment 
were not requested by Chevron nor are they authorized by NMFS.
Northern Fur Seal
    The presence of northern fur seals in San Francisco Bay depends 
upon oceanic conditions, as more fur seals are likely to strand during 
El Ni[ntilde]o events (TMMC 2016). Equatorial sea surface temperatures 
of the Pacific Ocean have been below average across most of the 
Pacific, and La Ni[ntilde]a conditions are likely to remain for most of 
spring 2022. During summer 2022, La Ni[ntilde]a conditions are expected 
to remain or transition into neutral El Ni[ntilde]o conditions (NOAA 
2022). Since there are no estimated at-sea densities for this species 
in San Francisco Bay, Chevron conservatively requested, and NMFS 
authorized, 10 takes of northern fur seals per year by Level B 
harassment (Tables 8, 9).
    Takes of northern fur seals by Level A harassment are not 
anticipated as Chevron plans to shut down construction activities 
within the Level A harassment zones for all pile types and hearing 
groups. NMFS did not authorize takes of northern fur seals by Level A 
harassment, nor have takes by Level A harassment been requested.

                           Table 7--Estimated Marine Mammal Densities and Occurrences
----------------------------------------------------------------------------------------------------------------
                                                               Estimated density/
              Species                       Stock                  occurrence                  References
----------------------------------------------------------------------------------------------------------------
Harbor Seals......................  California...........  237 per day in June-July    (Codde and Allen 2013,
                                                            (molt season).              2015, 2017, 2020; Codde
                                                                                        2020).
California Sea Lions..............  U.S..................  0.16 animals/km\2\........  (Caltrans 2017).
Harbor Porpoise...................  SF-Russian River.....  0.17 animals/km\2\........  (Caltrans 2017).
Bottlenose Dolphin................  CA Coastal...........  Average group size of 5     (APER 2019; Perlman
                                                            present in the Bay in two   2017).
                                                            week intervals.
Gray Whale........................  Eastern N Pacific....  Rare; 2 whales per year...  (TMMC 2019; Winning
                                                                                        2008).
Northern Elephant Seal............  CA Breeding..........  Rare; once every 3 days...  (Caltrans 2015;
                                                                                        Hern[aacute]ndez 2020).
Northern Fur Seal.................  California...........  Rare; 10 seals per year...  (TMMC 2016).
----------------------------------------------------------------------------------------------------------------



  Table 8--Authorized Amount of Marine Mammal Level B Takes by Species and Stock, and Percent of Takes by Stock
                                                     Year 1
----------------------------------------------------------------------------------------------------------------
                                                                                     Requested      Percent of
              Species                       Stock              Pile type/size       total take         stock
----------------------------------------------------------------------------------------------------------------
Harbor Seals......................  California *.........  timber 12''..........         * 4,165          * 13.4
California Sea Lions..............  U.S..................  timber 12''..........              22           <0.01
Harbor Porpoise...................  San Francisco-Russian  timber 12''..........              23             0.3
                                     River.
Bottlenose Dolphin................  CA Coastal...........  timber 12''..........              30             6.6
Gray Whale........................  Eastern North Pacific  timber 12''..........               2           <0.01
Northern Elephant Seal............  California Breeding..  timber 12''..........              12           <0.01
Northern Fur Seal.................  California...........  timber 12''..........              10            0.07
----------------------------------------------------------------------------------------------------------------
* Assumes multiple repeated takes of the same individuals from a small portion of the stock. Please see the
  small numbers section for additional information. Abundance estimates are taken from the 2020 U.S. Pacific
  Marine Mammal Stock Assessments (Carretta et al., 2021).



  Table 9--Authorized Amount of Marine Mammal Level B Takes by Species and Stock, and Percent of Takes by Stock
                                                     Year 2
----------------------------------------------------------------------------------------------------------------
                                                                                     Requested      Percent of
              Species                       Stock              Pile type/size       total take         stock
----------------------------------------------------------------------------------------------------------------
Harbor Seals......................  California *.........  timber 12''..........           3,213  ..............
                                                           steel 36''...........           4,266  ..............
                                                           steel 30''...........           2,370  ..............
                                                           steel 24''...........           1,422  ..............
                                                                                 -------------------------------
    Total.........................  .....................  .....................        * 11,271          * 36.4
----------------------------------------------------------------------------------------------------------------
California Sea Lions..............  U.S..................  timber 12''..........              17  ..............
                                                           steel 36''...........             485  ..............
                                                           steel 30''...........               9  ..............
                                                           steel 24''...........              31  ..............
                                                                                 -------------------------------

[[Page 35189]]

 
    Total.........................  .....................  .....................             542             1.3
----------------------------------------------------------------------------------------------------------------
Harbor Porpoise...................  San Francisco-Russian  timber 12''..........              18  ..............
                                     River.
                                                           steel 36''...........             515  ..............
                                                           steel 30''...........              10  ..............
                                                           steel 24''...........              33  ..............
                                                                                 -------------------------------
    Total.........................  .....................  .....................             576             7.4
----------------------------------------------------------------------------------------------------------------
Bottlenose Dolphin................  California Coastal...  .....................              30             6.6
Gray Whale........................  Eastern North Pacific  .....................               2           <0.01
Northern Elephant Seal............  California Breeding..  .....................              21            0.01
Northern Fur Seal.................  California...........  .....................              10            0.07
----------------------------------------------------------------------------------------------------------------
* Assumes multiple repeated takes of the same individuals from a small portion of the stock. Please see the
  small numbers section for additional information. Abundance estimates are taken from the 2020 U.S. Pacific
  Marine Mammal Stock Assessments (Carretta et al., 2021).

Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to the 
activity, and other means of effecting the least practicable impact on 
the species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of the species or stock for taking for certain 
subsistence uses (latter not applicable for this action). NMFS 
regulations require applicants for incidental take authorizations to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting the 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks, and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, NMFS 
considers two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned), the likelihood of effective implementation (probability 
implemented as planned), and;
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as cost and impact on 
operations.

Mitigation for Marine Mammals and Their Habitat

    The following mitigation measures are included in Chevron's removal 
of the Point Orient Wharf:
    <bullet> Time restriction: For all in-water pile removal 
activities, Chevron shall operate only during daylight hours when 
visual monitoring of marine mammals can be conducted;
    <bullet> Establishment of shutdown zones: Shutdown zones will be 
established for each pile type to include the Level A harassment zone 
for each hearing group. The Level A harassment zone encompasses all of 
the area where underwater sound pressure levels are expected to reach 
or exceed the cumulative SEL thresholds for Level A harassment (Table 
4). The radii of the shutdown zones will be to the next largest 10 m 
interval from the values provided in Table 5, with a minimum shutdown 
zone of 10 m; and
    <bullet> Protected Species Observers (PSOs): Trained PSOs will 
conduct visual monitoring from clear, elevated vantage points, along 
the shoreline or construction barges, where the entirety of the 
shutdown zones can be observed. PSOs will monitor the shutdown zones 
for 30 minutes prior to any pile extraction activity to be sure marine 
mammals are not in the zones. Pile extraction will not commence until 
marine mammals have not been sighted within the shutdown zone for 30 
minutes. If a marine mammal is observed entering a shutdown zone during 
pile extraction, construction activities will stop until the marine 
mammal leaves the zone, and will not resume until no marine mammals are 
observed in the shutdown zone for 30 minutes. If a marine mammal is 
seen above water and dives below, a 15 minute wait period will begin. 
If the marine mammal is not redetected in that time, it will be assumed 
that the marine mammal has moved beyond the shutdown zone, and 
construction activities will continue.
    Based on our evaluation of the applicant's mitigation measures, 
NMFS has determined that the mitigation measures provide the means of 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth requirements pertaining to the 
monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present while 
conducting the activities. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
    <bullet> Occurrence of marine mammal species or stocks in the area 
in which

[[Page 35190]]

take is anticipated (e.g., presence, abundance, distribution, density);
    <bullet> Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
    <bullet> Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
    <bullet> How anticipated responses to stressors impact either: (1) 
long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
    <bullet> Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and,
    <bullet> Mitigation and monitoring effectiveness.
    Chevron will monitor the shutdown zones and monitoring zones 
before, during, and after pile removal activities with at least two 
PSOs located at the best practicable vantage points. Based upon our 
requirements, the Marine Mammal Monitoring Plan will implement the 
following procedures for pile removal:
    <bullet> PSOs must be independent observers (i.e., not construction 
personnel). All PSOs must have the ability to conduct field 
observations and collect data according to assigned protocols, be 
experienced in field identification of marine mammals and their 
behaviors, and submit their resumes to NMFS for approval;
    <bullet> Biological monitoring will occur within one week of the 
project's start date to establish baseline observation;
    <bullet> Observation periods will encompass different tide levels 
at different hours of the day;
    <bullet> Monitoring will occur from elevated locations along the 
shoreline or on barges where the entire shutdown zones and monitoring 
zones are visible. If visibility decreases, such as due to fog or 
weather, vibratory pile extraction will be stopped until PSOs are able 
to view the entire shutdown zone;
    <bullet> PSOs will be equipped with high quality binoculars for 
monitoring and radios or cells phones for maintaining contact with work 
crews;
    <bullet> PSOs will implement clearing of the shutdown and 
monitoring zones as well as shutdown procedures; and
    <bullet> At the end of the pile removal day, post-construction 
monitoring will be conducted for 30 minutes beyond the cessation of 
pile removal.

Data Collection

    Chevron will record detailed information about implementation of 
shutdowns, counts and behaviors (if possible) of all marine mammal 
species observed, times of observations, construction activities that 
occurred, any acoustic and visual disturbances, and weather conditions. 
PSOs will use approved data forms to record the following information:
    <bullet> Date and time that permitted construction activity begins 
and ends;
    <bullet> Type of pile removal activities that take place;
    <bullet> Weather parameters (e.g., percent cloud cover, percent 
glare, visibility, air temperature, tide level, Beaufort sea state);
    <bullet> Species counts, and, if possible, sex and age classes of 
any observed marine mammal species;
    <bullet> Marine mammal behavior patterns, including bearing and 
direction of travel;
    <bullet> Any observed behavioral reactions just prior to, during, 
or after construction activities;
    <bullet> Location of marine mammal, distance from observer to the 
marine mammal, and distance from pile removal activities to marine 
mammals;
    <bullet> Record of whether an observation required the 
implementation of mitigation measures, including shutdown procedures 
and the duration of each shutdown; and
    <bullet> Any acoustic or visual disturbances that take place.

Reporting Measures

    Chevron shall submit a draft report to NMFS within 90 days of the 
completion of marine mammal monitoring, or 60 days prior to the 
issuance of any subsequent IHA for this project (if required), 
whichever comes first. The annual report will detail the monitoring 
protocol, summarize the data recorded during monitoring, and estimate 
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 become final. If comments are received, a final report must be 
submitted up to 30 days after receipt of comments. All PSO datasheets 
and/or raw sighting data must be submitted with the draft marine mammal 
report.
    Reports shall contain the following information:
    <bullet> Dates and times (begin and end) of all marine mammal 
monitoring.
    <bullet> Construction activities occurring during each daily 
observation period including: (a) How many and what type of piles were 
removed; and (b) the total duration of time for removal of each pile;
    <bullet> PSO locations during monitoring; and
    <bullet> Environmental conditions during monitoring periods (at 
beginning and end of PSO shift and whenever conditions change 
significantly), including Beaufort sea state and any other relevant 
weather conditions including cloud cover, fog, sun glare, and overall 
visibility to the horizon, and estimated observable distance.
    Upon observation of a marine mammal, the following information must 
be reported:
    <bullet> Name of PSO who sighted the animal(s) and PSO location and 
activity at time of sighting;
    <bullet> Time of sighting;
    <bullet> Identification of the animal (s) (e.g., genus/species, 
lowest possible taxonomic level, or unidentified), PSO confidence in 
identification, and the composition of the group if there is a mix of 
species;
    <bullet> Distance and location of each observed marine mammal 
relative to pile removal for each sighting;
    <bullet> Estimated number of animals by species (min/max/best 
estimate);
    <bullet> Estimated number of animals by cohort (adults, juveniles, 
neonates, group composition, etc.);
    <bullet> Description of any marine mammal behavioral observations 
(e.g., observed behaviors such as feeding or traveling), including an 
assessment of behavioral responses thought to have resulted from the 
activity (e.g., no response or changes in behavioral state such as 
ceasing feeding, changing direction, flushing, or breaching); and
    <bullet> Detailed information about implementation of any 
mitigation (e.g., shutdowns and delays), a description of specified 
actions that ensured, and resulting changes in behavior of the 
animal(s), if any.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury (Level A harassment), serious injury or 
mortality (e.g., ship-strike, gear interaction, and/or entanglement), 
Chevron would immediately cease the specified activities and 
immediately report the incident to the Office of Protected Resources 
(<a href="/cdn-cgi/l/email-protection#8bdbd9a5c2dfdba5c6e4e5e2ffe4f9e2e5ecd9eefbe4f9fff8cbe5e4eaeaa5ece4fd"><span class="__cf_email__" data-cfemail="abfbf985e2fffb85e6c4c5c2dfc4d9c2c5ccf9cedbc4d9dfd8ebc5c4caca85ccc4dd">[email protected]</span></a>) and the West Coast Regional 
Stranding Coordinator. The report

[[Page 35191]]

would include the following information:
    <bullet> Time, date, and location (latitude/longitude) of the 
incident;
    <bullet> Name and type of vessel involved (if applicable);
    <bullet> Vessel's speed during and leading up to the incident (if 
applicable);
    <bullet> Description of the incident;
    <bullet> Status of all sound source used in the 24 hours preceding 
the incident;
    <bullet> Water depth;
    <bullet> Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    <bullet> Description of all marine mammal observations in the 24 
hours preceding the incident;
    <bullet> Species identification or description of the animal(s) 
involved;
    <bullet> Fate of the animal(s); and
    <bullet> Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with Chevron to 
determine necessary actions to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. Chevron would not be able 
to resume their activities until notified by NMFS via letter, email, or 
telephone.
    <bullet> In the event that Chevron discovers an injured or dead 
marine mammal, and the lead PSO determines that the cause of the injury 
or death is unknown and the death is relatively recent (i.e., in less 
than a moderate state of decomposition as described in the next 
paragraph), Chevron would immediately report the incident to the Office 
of Protected Resources (<a href="/cdn-cgi/l/email-protection#bbebe995f2efeb95f6d4d5d2cfd4c9d2d5dce9decbd4c9cfc8fbd5d4dada95dcd4cd"><span class="__cf_email__" data-cfemail="065654284f5256284b69686f7269746f686154637669747275466869676728616970">[email protected]</span></a>) and the West 
Coast Regional Stranding Coordinator. The report would include the same 
information identified in the section above. Activities would be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
would work with Chevron to determine whether modifications in the 
activities are appropriate.
    <bullet> In the event that Chevron discovers an injured or dead 
marine mammal, and the lead PSO determines that the injury or death is 
not associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Chevron would report the incident 
to Office of Protected Resources (<a href="/cdn-cgi/l/email-protection#e1b1b3cfa8b5b1cfac8e8f88958e93888f86b384918e939592a18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="abfbf985e2fffb85e6c4c5c2dfc4d9c2c5ccf9cedbc4d9dfd8ebc5c4caca85ccc4dd">[email protected]</span></a>) 
and West Coast Regional Stranding Coordinator, within 24 hours of the 
discovery. Chevron would provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS and the Marine Mammal Stranding Network. Pile removal activities 
would be permitted to continue.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any impacts or responses (e.g., intensity, duration), 
the context of any impacts or responses (e.g., critical reproductive 
time or location, foraging impacts affecting energetics), as well as 
effects on habitat, and the likely effectiveness of the mitigation. We 
also assess the number, intensity, and context of estimated takes by 
evaluating this information relative to population status. Consistent 
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338; 
September 29, 1989), the impacts from other past and ongoing 
anthropogenic activities are incorporated into this analysis via their 
impacts on the baseline (e.g., as reflected in the regulatory status of 
the species, population size and growth rate where known, ongoing 
sources of human-caused mortality, or ambient noise levels).
    To avoid repetition, the discussion of our analysis applies to all 
the species listed in Table 2, given that the anticipated effects of 
this activity on these different marine mammal stocks are expected to 
be similar. There is little information about the nature or severity of 
the impacts, or the size, status, or structure of any of these species 
or stocks that would lead to a different analysis for this activity.
    Pile removal activities have the potential to disturb or displace 
marine mammals. The project activities may result in take in the form 
of Level B harassment from underwater sounds generated by vibratory 
pile removal. Potential takes could occur if individuals move into in 
the ensonified area when construction activities are underway.
    The takes from Level B harassment will be due to potential 
behavioral disturbance and TTS. No serious injury or mortality is 
anticipated for any stocks presented in this analysis given the nature 
of the activity and mitigation measures designed to minimize the 
possibility of injury. The potential for harassment is minimized 
through construction method and the implementation of planned 
mitigation strategies (see Mitigation section).
    No marine mammal stocks for which incidental take authorization is 
proposed are listed as threatened or endangered under the ESA or 
determined to be strategic or depleted under the MMPA. The relatively 
low marine mammal density, small shutdown zones, and planned monitoring 
also make injury takes of marine mammals unlikely. The shutdown zones 
will be thoroughly monitored before the vibratory pile removal begins 
and construction activities will be postponed if a marine mammal is 
sighted within the shutdown zone. There is a high likelihood that 
marine mammals will be detected by trained observers under 
environmental conditions described for the proposed project. Limiting 
construction activities to daylight hours will also increase 
detectability of marine mammal in the area. Therefore, the mitigation 
and monitoring measures are expected to eliminate the potential for 
injury and Level A harassment as well as reduce the amount and 
intensity for Level B behavioral harassment. Furthermore, the pile 
removal activities analyzed here are similar to, or less impactful 
than, numerous construction activities conducted in other similar 
locations which have occurred with no reported injuries or mortality to 
marine mammals, and no known long-term adverse consequences from 
behavioral harassment.
    Anticipated and authorized takes are expected to be limited to 
short-term Level B harassment (behavioral disturbance and TTS) as 
construction activities will occur over the course of 12 weeks and 
removal of each pile lasts only approximately 6-45 minutes. Effects on 
individuals taken by Level B harassment, based upon reports in the 
literature as well as monitoring from other similar activities, may 
include increased swimming speeds, increased surfacing time, or 
decreased foraging (e.g., Thorson and Reyff 2006). Individual animals, 
even if taken multiple times, will likely move away from the sound 
source and be temporarily displaced from the area due to elevated noise 
level during pile removal. Marine mammals could also

[[Page 35192]]

experience TTS if they move into the Level B monitoring zone. TTS is a 
temporary loss of hearing sensitivity when exposed to loud sound, and 
the hearing threshold is expected to recover completely within minutes 
to hours. Thus, it is not considered an injury. Repeated exposures of 
individuals to levels of sounds that could cause Level B harassment are 
unlikely to considerably significantly disrupt foraging behavior or 
result in significant decrease in fitness, reproduction, or survival 
for the affected individuals. In all, there will be no adverse impacts 
to the stock as a whole.
    As previously described, a UME has been declared for Eastern 
Pacific gray whales. However, we do not expect takes authorized by this 
action to exacerbate the ongoing UME. As mentioned previously, no 
injury or mortality is authorized, and Level B harassment takes of gray 
whales will be reduced to the level of least practicable adverse impact 
through incorporation of the proposed mitigation measures. Given that 
only 2 takes by Level B harassment are authorized for this stock 
annually, we do not expect the takes to compound the ongoing UME.
    The project is not expected to have significant adverse effects on 
marine mammal habitat. There are no Biologically Important Areas or 
ESA-designated habitat within the project area. While EFH for several 
fish species does exist in the project area, the activities will not 
permanently modify existing marine mammal habitat. The activities may 
cause fish to leave the area temporarily. This could impact marine 
mammals' foraging opportunities in a limited portion of the foraging 
range, however, due to the short duration of activities and the 
relatively small area of affected habitat, the impacts to marine mammal 
habitat are not expected to cause significant or long-term negative 
consequences.
    In summary and as described above, the following factors primarily 
support our final determination that the impacts resulting from this 
activity are not expected to adversely affect any of the species or 
stocks through effects on annual rates of recruitment or survival:
    <bullet> No serious injury or mortality is anticipated or 
authorized;
    <bullet> No Level A harassment, including injury or serious injury, 
is anticipated or authorized;
    <bullet> Anticipated impacts of Level B harassment include 
temporary behavior modifications or TTS;
    <bullet> Short duration and intermittent nature of in-water 
construction activities;
    <bullet> The specified activity and associated ensonified areas are 
very small relative to the overall habitat ranges of all species and do 
not include habitat areas of special significance (Biologically 
Important Areas or ESA-designated critical habitat);
    <bullet> The lack of anticipated significant or long-term effects 
to marine mammal habitat;
    <bullet> The presumed efficacy of the mitigation measures in 
reducing the effects of the specified activity;
    <bullet> Monitoring reports from similar work in San Francisco Bay 
have documented little to no effect on individuals of the same species 
impacted by the specified activities.
    These factors, in addition to the available body of evidence from 
prior similar activities, demonstrate that the potential effects of the 
specified activity will have only short-term effects on individuals. 
The specified activity is not expected to impact rates of recruitment 
or survival, and will therefore not result in population-level impacts.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the 
activity will have a negligible impact on all affected marine mammal 
species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. When the predicted number of 
individuals to be taken is fewer than one-third of the species or stock 
abundance, the take is considered to be of small numbers. Additionally, 
other qualitative factors may be considered in the analysis, such as 
the temporal or spatial scale of the activities.
    The amount of take NMFS has authorized in Year 1 is below one-third 
of the estimated stock abundance for all impacted stocks (Table 8). The 
number of animals authorized to be taken during Year 1 would be 
considered small relative to the relevant stocks or populations, even 
if each estimated take occurred to a new individual. Furthermore, these 
takes are likely to only occur within a small portion of the overall 
regional stock and the likelihood that each take would occur to a new 
individual is low.
    The amount of take NMFS has authorized in Year 2 is below one-third 
of the estimated stock abundance for California sea lions, harbor 
porpoises, bottlenose dolphins, gray whales, northern elephant seals, 
and northern fur seals (Table 9). The take percentage of the estimated 
take of harbor seals is approximately 36.4 percent, however, take 
estimates are conservative as they assume all takes are of different 
individuals which is likely not the case. Some individuals may return 
to the area multiple times a week, but PSOs would count them as 
separate takes. Furthermore, the project area represents a small 
portion of the overall range of harbor seals and activities are will 
most likely to impact only a small portion of the stock. Therefore, 
since take estimates likely include repeated takes of the same 
individuals over time, take estimates are expected to represent a 
smaller percentage of the total stock.
    Based on the analysis contained herein of the activity (including 
the mitigation and monitoring measures) and the anticipated take of 
marine mammals, NMFS finds, specific to both the Year 1 and Year 2 IHAs 
that small numbers of marine mammals will be taken relative to the 
population size of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks will not 
have an unmitigable adverse impact on the availability of such species 
or stocks for taking for subsistence purposes.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must evaluate our proposed action (i.e., the issuance of an IHA) 
and alternatives with respect to potential impacts on the human 
environment. This action is consistent with categories of activities 
identified in Categorical Exclusion B4 of the Companion Manual for NAO 
216-6A, which do not individually or cumulatively have the potential 
for significant impacts on the quality of the human environment and for 
which we

[[Page 35193]]

have not identified any extraordinary circumstances that would preclude 
this categorical exclusion. Accordingly, NMFS has determined that this 
action qualifies to be categorically excluded from further NEPA review.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we propose to authorize take for 
endangered or threatened species.
    No incidental take of ESA-listed species is authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
formal consultation under section 7 of the ESA is not required for this 
action.

Authorization

    NMFS has issued two consecutive IHAs to Chevron for the potential 
harassment of small numbers of the seven marine mammal species 
incidental to the Point Orient Wharf Removal in San Francisco Bay, CA, 
provided the previously mentioned mitigation, monitoring, and reporting 
requirements are followed.

    Dated: June 3, 2022.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2022-12395 Filed 6-8-22; 8:45 am]
BILLING CODE 3510-22-P


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