35180 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

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; Comment 

Request; West Coast Region Trawl 

Logbook Requirement 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite 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. Public 

comments were previously requested 

via the Federal Register on February 11, 

2022 during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

Title: West Coast Region Trawl 

Logbook Requirement. 

OMB Control Number: 0648–0782. 

Form Number(s): None. 

Type of Request: Regular Submission 

(extension of a currently approved 

collection). 

Number of Respondents: 27. 

Average Hours per Response: 8 hours. 

Total Annual Burden Hours: 648 

hours. 

Needs and Uses: This request is a 

renewal of an existing package. The 

success of fisheries management 

programs depends significantly on the 

availability of fishery data. Currently, 

the states of Washington, Oregon, and 

California administer a trawl logbook on 

behalf of the Pacific Fishery 

Management Council (Council) and 

NOAA’s National Marine Fisheries 

Service (NMFS). The log used is a 

standard format developed by the 

Council to collect information necessary 

to effectively manage the fishery on a 

coast-wide basis. The trawl logbook 

collects haul-level effort data including 

tow time, tow location, depth of catch, 

net type, target strategy, and estimated 

pounds of fish retained per tow. Each 

trawl log represents a single fishing trip. 

The state of California repealed their 

requirement, effective April 1, 2019, 

therefore, NMFS created a federal 

requirement in order to maintain 

logbook coverage from trawl vessels in 

California. 

This federal requirement duplicates 

the logbook structure and process that 

the state of California was using in order 

to minimize disruption or confusion for 

fishery participants. Under this rule, 

NMFS contracts with the Pacific States 

Marine Fisheries Commission (PSMFC) 

to distribute and collect the same 

logbook these fishermen were using 

previously. These data are used 

regularly by NMFS, the Pacific Fishery 

Management Council, the West Coast 

Groundfish Observer Program, NMFS 

Office of Law Enforcement, and the 

Coast Guard for fisheries management 

and enforcement. 

Affected Public: Business or other forprofit organizations. 

Frequency: Monthly. 

Respondent’s Obligation: Mandatory. 

Legal Authority: The regulations at 

§ 660.13(a)(1) specify reporting 

requirements for vessels using trawl 

gear in a state without a state 

requirement for the completion and 

submission of a trawl logbook. 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0648–0782. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2022–12442 Filed 6–8–22; 8:45 am] 

BILLING CODE 3510–22–P 

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/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 

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 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 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 nonimpulsive 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. 


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35182 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

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

Pile type Diameter 

(inches) 

Number 

of piles 

Approximate 

duration of 

vibration 

per pile 

(minutes) 

Approximate 

number 

of piles 

removed 

per day 

Total number 

of work days 

Year 1 Vibratory Extraction 

Timber .................................................. 12 ......................................................... 401 6 18 * 35

Timber concrete encased .................... 18 (12-inch timber core) ...................... 133 9 11 

Year 2 Vibratory Extraction 

Timber .................................................. 12 ......................................................... 220 6 18 * 27

Timber concrete encased .................... 18 (12-inch timber core) ...................... 156 9 11 

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 


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SO/Jtces:AEC/JM, 2021; £$/1,2016; CPl/0, 2021 

Brother_. 

Islands 

Point Orient/ 

Wharf 

Pointsan \Pab~ 

Figure 1. Point Orient Wharf Removal Project Location 

I I 
Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 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-stockassessment-reports). 

TABLE 2—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) 

Family Eschrichtiidae: 

Gray whale ......................... Eschrichtius robustus ................ Eastern N Pacific ...................... -, -, N 29960 (0.05, 25,849, 

2016).

801 131 

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 River ... -, -, N 7,777 (0.62, 4,811, 2017) 73 ≥0.4 

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, 

2014).

14,011 >320 

Family Phocidae (earless seals): 

Harbor Seal ........................ Phoca vitulina ........................... California ................................... -, -, N 30,968 (N/A, 27,348, 

2012).

1,641 43 

Northern Elephant Seal ...... Mirounga angustirostris ............ California Breeding ................... -, -, N 187,386 (N/A, 85,369, 

2013).

5,122 5.3 

Northern Fur Seal ............... Callorhinus ursinus ................... California ................................... -, D, N 14,050 (N/A, 7,524, 

2013).

451 1.8 

1Endangered 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] 3These 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). 


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I I I I 

I I I 
35184 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

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-meansquared pressure received levels (RMS 

SPL) of 120 dB (referenced to 1 

micropascal (re 1 mPa)) for continuous 

(e.g., vibratory pile-driving, drilling) and 

above RMS SPL 160 dB re 1 mPa for nonexplosive 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 mPa (rms) 

will be behaviorally harassed, and other 

pinnipeds will be harassed when 

exposed above 100 dB re 20 mPa (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 mPa 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 nonimpulsive). Chevron’s Point Orient 

Wharf Removal includes the use nonimpulsive 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/marinemammal-acoustic-technical-guidance. 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35185 

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset thresholds *

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans ..... Cell 1: Lp,0-pk,flat: 219 dB; LE,p,

LF,24h: 1183 dB.

Cell 2: LE,p, LF,24h: 199 dB. 

Mid-Frequency (MF) Cetaceans ..... Cell 3: Lp,0-pk,flat: 230 dB; LE,p,

MF,24h: 1185 dB.

Cell 4: LE,p, MF,24h: 198 dB. 

High-Frequency (HF) Cetaceans ... Cell 5: Lp,0-pk,flat: 202 dB; LE,p

,HF,24h: 155 dB.

Cell 6: LE,p, HF,24h: 173 dB. 

Phocid Pinnipeds (PW) ..................

(Underwater) ...................................

Cell 7: Lp,0-pk.flat: 218 dB; 

LE,p,PW,24h: 1185 dB.

Cell 8: LE,p,PW,24h: 201 dB. 

Otariid Pinnipeds (OW) ..................

(Underwater) ...................................

Cell 9: Lp,0-pk,flat: 232 dB; 

LE,p,OW,24h: 203 dB.

Cell 10: LE,p,OW,24h: 219 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 μPa, and weighted cumulative sound exposure level (LE,p) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to be more reflective of International Organization for Standardization standards (ISO 2017). The subscript ‘‘flat’’ is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized 

hearing range of marine mammals (i.e., 7 Hz to 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 nearsource 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 comingling 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 hydroacoustically 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 


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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 

Pile type Diameter 

(in) 

Source levels/source distance 

(m) 

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

Pile type 

Hearing group 

Level B 

isopleths 

(m) 

Level B 

isopleth area 

(km2) 

Level A isopleths 

(m) 

LF 

cetaceans 

MF 

cetaceans 

HF 

cetaceans 

Phocid 

pinnipeds 

Otariid 

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 


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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 km2) 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 km2) 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. 


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Northern Elephant Seal 

Small numbers of elephant seals may 

haul out or strand within central San 

Francisco Bay (Caltrans 2015; 

Herna ́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 Nin ̃ o events 

(TMMC 2016). Equatorial sea surface 

temperatures of the Pacific Ocean have 

been below average across most of the 

Pacific, and La Nin ̃ a conditions are 

likely to remain for most of spring 2022. 

During summer 2022, La Nin ̃ a 

conditions are expected to remain or 

transition into neutral El Nin ̃ 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

Species Stock Estimated density/occurrence References 

Harbor Seals ............... California .................... 237 per day in June–July (molt season) ........ (Codde and Allen 2013, 2015, 2017, 2020; 

Codde 2020). 

California Sea Lions .... U.S. ............................ 0.16 animals/km2 ............................................ (Caltrans 2017). 

Harbor Porpoise .......... SF-Russian River ....... 0.17 animals/km2 ............................................ (Caltrans 2017). 

Bottlenose Dolphin ...... CA Coastal ................. Average group size of 5 present in the Bay in 

two week intervals.

(APER 2019; Perlman 2017). 

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; Herna ́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 

Species Stock Pile 

type/size 

Requested 

total take 

Percent 

of 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 River ........ timber 12′′ ...................................... 23 0.3 

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 

Species Stock Pile 

type/size 

Requested 

total take 

Percent 

of 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 ........................


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TABLE 9—AUTHORIZED AMOUNT OF MARINE MAMMAL LEVEL B TAKES BY SPECIES AND STOCK, AND PERCENT OF TAKES

BY STOCK YEAR 2—Continued 

Species Stock Pile 

type/size 

Requested 

total take 

Percent 

of stock 

Total ......................................... ........................................................ ........................................................ 542 1.3 

Harbor Porpoise ............................. San Francisco-Russian River ........ timber 12′′ ...................................... 18 ........................

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: 

• 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; 

• 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 

• 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: 

• Occurrence of marine mammal 

species or stocks in the area in which 


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take is anticipated (e.g., presence, 

abundance, distribution, density); 

• 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); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and, 

• 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: 

• 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; 

• Biological monitoring will occur 

within one week of the project’s start 

date to establish baseline observation; 

• Observation periods will 

encompass different tide levels at 

different hours of the day; 

• 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; 

• PSOs will be equipped with high 

quality binoculars for monitoring and 

radios or cells phones for maintaining 

contact with work crews; 

• PSOs will implement clearing of the 

shutdown and monitoring zones as well 

as shutdown procedures; and 

• 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: 

• Date and time that permitted 

construction activity begins and ends; 

• Type of pile removal activities that 

take place; 

• Weather parameters (e.g., percent 

cloud cover, percent glare, visibility, air 

temperature, tide level, Beaufort sea 

state); 

• Species counts, and, if possible, sex 

and age classes of any observed marine 

mammal species; 

• Marine mammal behavior patterns, 

including bearing and direction of 

travel; 

• Any observed behavioral reactions 

just prior to, during, or after 

construction activities; 

• Location of marine mammal, 

distance from observer to the marine 

mammal, and distance from pile 

removal activities to marine mammals; 

• Record of whether an observation 

required the implementation of 

mitigation measures, including 

shutdown procedures and the duration 

of each shutdown; and 

• 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: 

• Dates and times (begin and end) of 

all marine mammal monitoring. 

• 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; 

• PSO locations during monitoring; 

and 

• 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: 

• Name of PSO who sighted the 

animal(s) and PSO location and activity 

at time of sighting; 

• Time of sighting; 

• 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; 

• Distance and location of each 

observed marine mammal relative to 

pile removal for each sighting; 

• Estimated number of animals by 

species (min/max/best estimate); 

• Estimated number of animals by 

cohort (adults, juveniles, neonates, 

group composition, etc.); 

• 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 

• 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., shipstrike, gear interaction, and/or 

entanglement), Chevron would 

immediately cease the specified 

activities and immediately report the 

incident to the Office of Protected 

Resources (PR.ITP.MonitoringReports@

noaa.gov) and the West Coast Regional 

Stranding Coordinator. The report 


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would include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Name and type of vessel involved 

(if applicable); 

• Vessel’s speed during and leading 

up to the incident (if applicable); 

• Description of the incident; 

• Status of all sound source used in 

the 24 hours preceding the incident; 

• Water depth; 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• 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. 

• 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 (PR.ITP.MonitoringReports@

noaa.gov) 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. 

• 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 

(PR.ITP.MonitoringReports@noaa.gov) 

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., populationlevel 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 


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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 ESAdesignated 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: 

• No serious injury or mortality is 

anticipated or authorized; 

• No Level A harassment, including 

injury or serious injury, is anticipated or 

authorized; 

• Anticipated impacts of Level B 

harassment include temporary behavior 

modifications or TTS; 

• Short duration and intermittent 

nature of in-water construction 

activities; 

• 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 ESAdesignated critical habitat); 

• The lack of anticipated significant 

or long-term effects to marine mammal 

habitat; 

• The presumed efficacy of the 

mitigation measures in reducing the 

effects of the specified activity; 

• 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 


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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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

U. S. Integrated Ocean Observing 

System (IOOS®) Advisory Committee 

Public Meeting 

AGENCY: U.S. Integrated Ocean 

Observing System (IOOS®), National 

Ocean Service (NOS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notice of open meeting. 

SUMMARY: Notice is hereby given of a 

virtual meeting of the U. S. Integrated 

Ocean Observing System (IOOS®) 

Advisory Committee (Committee). The 

meeting is open to the public and an 

opportunity for oral and written 

comments will be provided. 

DATES: The meeting will be held June 

27, 2022, 3 p.m. to 5 p.m. Eastern 

Daylight Time. Written public 

comments should be received by the 

Designated Federal Official by June 21, 

2022. 

ADDRESSES: The meeting will be held 

virtually. To register for the meeting 

and/or submit public comments, use 

this link https://forms.gle/ 

GyvZMzBmyqxPJ47q9 or email 

Laura.Gewain@noaa.gov. See 

SUPPLEMENTARY INFORMATION for 

instructions and other information 

about public participation. 

FOR FURTHER INFORMATION CONTACT: 

Krisa Arzayus, Designated Federal 

Official, U.S. IOOS Advisory 

Committee, U.S. IOOS Program, 1315 

East-West Highway, Silver Spring, MD 

20910; Phone 240–533–9455; Fax 301– 

713–3281; email krisa.arzayus@

noaa.gov or visit the U.S. IOOS 

Advisory Committee Website at http://

ioos.noaa.gov/community/u-s-ioosadvisory-committee/. 

SUPPLEMENTARY INFORMATION: The 

Committee was established by the 

NOAA Administrator as directed by 

Section 12304 of the Integrated Coastal 

and Ocean Observation System Act, part 

of the Omnibus Public Land 

Management Act of 2009 (Pub. L. 111– 

11), and reauthorized under the 

Coordinated Ocean Observations and 

Research Act of 2020 (Pub. L. 116–271). 

The Committee advises the NOAA 

Administrator and the Interagency 

Ocean Observation Committee (IOOC) 

on matters related to the responsibilities 

and authorities set forth in section 

12302 of the Integrated Coastal and 

Ocean Observation System Act of 2009 

and other appropriate matters as the 

Under Secretary refers to the Committee 

for review and advice. 

The Committee will provide advice 

on: 

(a) administration, operation, 

management, and maintenance of the 

Integrated Coastal and Ocean 

Observation System (the System); 

(b) expansion and periodic 

modernization and upgrade of 

technology components of the System; 

(c) identification of end-user 

communities, their needs for 

information provided by the System, 

and the System’s effectiveness in 

disseminating information to end-user 

communities and to the general public; 

and 

(d) additional priorities, including— 

(1) a national surface current mapping 

network designed to improve fine scale 

sea surface mapping using high 

frequency radar technology and other 

emerging technologies to address 

national priorities, including Coast 

Guard search and rescue operation 

planning and harmful algal bloom 

forecasting and detection that— 

(i) is comprised of existing high 

frequency radar and other sea surface 

current mapping infrastructure operated 

by national programs and regional 

coastal observing systems; 

(ii) incorporates new high frequency 

radar assets or other fine scale sea 

surface mapping technology assets, and 

other assets needed to fill gaps in 

coverage on United States coastlines; 

and 

(iii) follows a deployment plan that 

prioritizes closing gaps in high 

frequency radar infrastructure in the 

United States, starting with areas 

demonstrating significant sea surface 

current data needs, especially in areas 

where additional data will improve 

Coast Guard search and rescue models; 

(2) fleet acquisition for unmanned 

maritime systems for deployment and 

data integration to fulfill the purposes of 

this subtitle; 

(3) an integrative survey program for 

application of unmanned maritime 

systems to the real-time or near realtime collection and transmission of sea 

floor, water column, and sea surface 

data on biology, chemistry, geology, 

physics, and hydrography; 

(4) remote sensing and data 

assimilation to develop new analytical 

methodologies to assimilate data from 

the System into hydrodynamic models; 

(5) integrated, multi-State monitoring 

to assess sources, movement, and fate of 

sediments in coastal regions; 

(6) a multi-region marine sound 

monitoring system to be— 

(i) planned in consultation with the 

IOOC, NOAA on, the Department of the 

Navy, and academic research 

institutions; and 

(ii) developed, installed, and operated 

in coordination with NOAA, the 

Department of the Navy, and academic 

research institutions; and 

(e) any other purpose identified by the 

Administrator or the Council. 

Matters To Be Considered 

The meeting will focus on (1) a 

briefing on the IOOS Strategic Plan 

refresh and an opportunity for the 

committee to provide feedback and (2) 

updates on the committee work plan. 

The latest version of the agenda will be 

posted at http://ioos.noaa.gov/ 

community/u-s-ioos-advisorycommittee/. The times and the agenda 


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