Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 66065 

The Stellwagen Bank National Marine 

Sanctuary encompasses 842 square 

miles of ocean, stretching between Cape 

Ann and Cape Cod. Renowned for its 

scenic beauty and remarkable 

productivity, the sanctuary supports a 

rich diversity of marine life including 

22 species of marine mammals, more 

than 30 species of seabirds, over 60 

species of fishes, and hundreds of 

marine invertebrates and plants. 

Authority: 16 U.S.C. 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: October 14, 2010. 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2010–27089 Filed 10–26–10; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XX25 

Small Takes of Marine Mammals 

Incidental to Specified Activities; 

Exploratorium Relocation Project in 

San Francisco, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

take authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to the Exploratorium, allowing the 

take of small numbers of marine 

mammals, by Level B harassment only, 

incidental to pile driving associated 

with the Exploratorium’s relocation 

project. 

DATES: Effective October 25, 2010, 

through October 24, 2011. 

ADDRESSES: A copy of the IHA, the 

application, and the Environmental 

Assessment are available by writing to 

P. Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225 or by telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT), or visiting the 

Internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca or Jaclyn Daly, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce 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 specific 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is published in the 

Federal Register and 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), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 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.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) establishes a 45-day 

time limit for NMFS review of an 

application followed by publication of 

notice of the proposal to issue an IHA 

in the Federal Register and a 30-day 

public comment period. Within 45 days 

of the close of the comment period, 

NMFS must either issue or deny the 

authorization. 

Except with respect to certain 

activities not pertinent here, 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]. 

Summary of Request 

On April 28, 2010, NMFS received an 

application from the Exploratorium—a 

nature, science, art, and technology 

museum—requesting an IHA for the 

take, by Level B harassment, of small 

numbers of marine mammals incidental 

to relocation of the Exploratorium 

museum. The Exploratorium is 

relocating from the Palace of Fine Arts 

to Piers 15 and 17, along San 

Francisco’s waterfront, to allow for 

expansion of the museum’s facility. Pile 

driving during the project may result in 

harassment of Pacific harbor seals 

(Phoca vitulina richardii), California sea 

lions (Zalophus californianus), harbor 

porpoises (Phocoena phocoena), and 

gray whales (Eschrichtius robustus) 

within the action area. In accordance 

with MMPA implementing regulations, 

NMFS issued a notice in the Federal 

Register on July 22, 2010 (75 FR 42691), 

requesting comments from the public on 

the proposed IHA. 

Description of the Specified Activity 

A complete description of the 

specified activity may be found in 

NMFS’ proposed IHA notice in the 

Federal Register (75 FR 42691, July 22, 

2010) and a summary is provided here. 

To make room for the new 

Exploratorium, a maximum of 69 

various sized steel piles (thirty 72-inch, 

twenty-six 24-inch, and thirteen 20-inch 

diameter piles) will be installed around 

Piers 15 and 17 using a vibratory 

hammer (Table 1). Between two and five 

steel piles (average of three piles) will 

be installed daily, depending on their 

size and the amount of time necessary 

to install them. Each pile will take 

approximately 30 minutes to install 

followed by at least one hour break, the 

minimum amount of time needed to 

reset the hammer and next pile. In total, 

the Exploratorium anticipates 

conducting 28 hours of pile driving over 

the course of their authorization; 

however, this may be increased due to 

encountering difficulty in driving piles, 

construction extensions, etc. All piles 

will be installed with an ICE 14122 (or 

similar) vibratory hammer; however, it 

may be necessary to seat a pile using an 

impact hammer. Based on the ground 

sediments and the depth of pile driving 

needed, the use of an impact hammer is 

not anticipated for the smaller 20-inch 

and 24-inch piles but may be needed for 

the large diameter 72-inch piles. Should 

an impact hammer be necessary, the 

Exploratorium will use a steam or 


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66066 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 

diesel-powered hammer delivering 

between 80,000 and 110,000 ft-lbs per 

blow. For 20, 24, and 72-inch piles, the 

amount of strikes per pile will be 

limited to 120, 25, and 5, respectively. 

A sound attenuation device (e.g., wood 

block, bubble curtain) will be used 

during all impact hammering. In 

addition, impact hammering will not 

occur between June 1 and November 30 

to prevent injury to listed salmonids. 

In addition to pile driving, the 

Exploratorium will repair or remove 

existing piles (Table 1) and remove 

existing wharf decking. Existing 

concrete piles will be removed by 

cutting them with a hydraulic shear. 

The shear operates like a knife gate, 

with hydraulic rams pushing a shear 

plate through the piling. The cutting 

shear will be suspended from a crane on 

deck. In-water noise from this work will 

be negligible. Pile repair will include 

installing a fiberglass shell around 

damaged pile and filling the shell with 

concrete. The work will be completed 

by divers using hand tools and does not 

involve loud noise. Deck removal and 

expansion will occur outside of habitat 

for marine mammals. Finally, there will 

be two to ten barges or floats at any 

given time in the water to support 

construction activities; however, these 

will be concentrated in the direct 

vicinity of Piers 15/17. Because pile 

repair, pile removal, and use of barges 

do not release loud sounds into the 

environment, marine mammal 

harassment from these activities is not 

anticipated. 

TABLE 1—SUMMARY OF PILE ACTIVITIES DURING THE EXPLORATORIUM RELOCATION ACTIVITY

Activity Maximum number of piles Location 

Installation of new piles ...................................... 69 steel piles (30 72-inch diameter steel piles, 

26 24-inch steel piles, and 13 20-inch steel 

piles).

Marginal Wharf; South Apron. 

Repair of existing piles ....................................... 1,026 ................................................................ Pier 15; Valley Infill Area; Marginal Wharf; 

North Apron. 

Extension of existing piles .................................. 120 ................................................................... Valley Infill Area. 

Removal of existing piles—cut at mudline ......... 837 ................................................................... Marginal Wharf; Valley Removal Area; South 

Apron; Pier 15. 

Removal of existing piles—cut above mean 

lower low water (MLLW).

306 ................................................................... Valley Removal Area; Marginal Wharf. 

During the San Francisco-Oakland 

Bay Bridge Project (SFOBB), the 

California Department of Transportation 

(Caltrans), measured vibratory driving 

sound levels from various pile types, 

sizes, and locations around San 

Francisco Bay (Caltrans, 2007). Because 

no pile driving noise data specific to the 

Exploratorium project exists, NMFS has 

determined that hydroacoustic data 

from the Caltrans SFOBB project are 

appropriate to use to estimate sound 

levels from the specified activity. For 

background, sound is a physical 

phenomenon consisting of minute 

vibrations that travel through a medium, 

such as air or water, and is generally 

characterized by several variables. 

Frequency describes the sound’s pitch 

and is measured in hertz (Hz) or 

kilohertz (kHz), while sound level 

describes the sound’s loudness and is 

measured in decibels (dB). Sound level 

increases or decreases exponentially 

with each dB of change. For example, 10 

dB yields a sound level 10 times more 

intense than 1 dB, while a 20 dB level 

equates to 100 times more intense, and 

a 30 dB level is 1,000 times more 

intense. Sound levels are compared to a 

reference sound pressure (micro-Pascal) 

to identify the medium. For air and 

water, these reference pressures are ‘‘re: 

20 microPa’’ and ‘‘re: 1 microPa,’’ 

respectively. In this document, all 

sound pressure levels (SPLs) will be 

referenced to 1 microPa unless 

otherwise noted. 

In 2007, Caltrans released a report 

summarizing typical and maximum 

sound pressure levels (SPLs) measured 

during vibratory pile driving in San 

Francisco Bay (Table 2). In summary, 

Caltrans found that SPLs measured 5 m 

from the vibratory hammer did not 

exceed 180 dB root mean square (rms) 

and were typically around 170 dB rms. 

Most of the energy during vibratory pile 

driving was below 600 Hz. NMFS notes 

that the vibratory hammers Caltrans 

used to install the 72-inch pile were the 

King Kong and Super Kong Driver 

(Model 600). The hammer the 

Exploratorium will be using is 40 

percent of the energy of the King Kong 

hammer; therefore, source levels will be 

lower for the relocation project as 

hammer noise levels are proportional to 

blow energy. Vibratory pile driving 

measurements taken by Caltrans 

approximately 11–13 kilometers (km) 

northeast of the Exploratorium in 

similar depth water indicate that peak 

sound pressures drop off at a rate of 

about 7 dB per doubling of distance. For 

comparison, spherical spreading (20 log 

R) is characterized by a drop-off rate of 

6 dB per doubling of distance. 

TABLE 2—MEASURED SOUND PRESSURE LEVELS DURING VIBRATORY PILE DRIVING IN SAN FRANCISCO BAY

[Caltrans, 2007] 

Pile type/size Relative water depth SPL at 10 m (rms) 

72-inch steel pile ..................................................................................................... 5 meters ................................................. Average = 170 dB. 

Loudest = 180 dB. 

34-inch steel pile ..................................................................................................... 5 meters ................................................. Average = 170 dB. 

Loudest = 175 dB. 

24-inch steel pile ..................................................................................................... 5 meters ................................................. Average = 160 dB. 

Loudest = 165 dB. 

12-inch steel pile ..................................................................................................... 5 meters ................................................. Average = 155 dB. 


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Caltrans also conducted 

hydroacoustic surveys within San 

Francisco Bay during impact pile 

driving of similar size piles proposed for 

use by the Exploratorium (Table 3). 

Bubble curtains can provide between 5– 

20 dB reduction in source level; 

however, this is highly directional and 

a function of current and device 

effectiveness (Caltrans, 2009). Therefore, 

distances to the Level A and Level B 

harassment isopleths are based on 

estimated unattenuated source levels. 

These distances are likely an 

overestimate of sound levels produced 

by pile driving using a bubble curtain or 

wood cap. 

TABLE 3—MEASURED UNATTENUATED SOUND PRESSURE LEVELS IN THE NEAR FIELD (10 M) DURING IMPACT PILE

DRIVING IN SAN FRANCISCO BAY

[Caltrans, 2009] 

Pile type/size Relative water depth SPL at 10 m (rms) 

96-inch steel pile .................................................................................................. 10 meters .............................................. 205 dB. 

60-inch steel pile .................................................................................................. <5 meters .............................................. 195 dB. 

36-inch steel pile .................................................................................................. <5 meters .............................................. 190 dB. 

24-inch steel pile .................................................................................................. 5 meters ................................................ 190 dB. 

14-inch steel pile .................................................................................................. 15 meters .............................................. 184 dB. 

Comments and Responses 

A notice of receipt and request for 

public comment on the application and 

proposed authorization was published 

on July 22, 2010 (75 FR 42691). During 

the 30-day public comment period, the 

Marine Mammal Commission 

(Commission) provided the only 

comments. 

Comment 1: The Commission 

recommends that NMFS issue the 

requested authorization, provided that 

observations be made during all softstarts of pile driving activities in order 

to gather the data needed to analyze and 

report on its effectiveness as a 

mitigation measure. 

Response: NMFS disagrees that the 

Exploratorium needs to monitor for 

marine mammals during all soft-starts. 

PSOs will be on-site and monitoring for 

marine mammals at least 30 minutes 

prior to, during, and after all impact 

hammer (including during soft-starts) 

and at least two full days per week 

during all vibratory pile hammering. 

NMFS believes that monitoring for at 

least two pile driving days per week 

will allow for adequate interpretation of 

how marine mammals are behaving in 

response to pile hammering, including 

during soft-starts. 

Comment 2: The Commission 

recommends that NMFS issue the 

requested authorization, provided that 

the Exploratorium be required to 

monitor the presence and behavior of 

marine mammals during all impact and 

vibratory pile driving activities. 

Response: As stated in the proposed 

IHA, marine mammal monitoring will 

occur 30 minutes before, during, and 30 

minutes after all impact pile driving 

activities. In addition, at least one PSO 

will conduct behavioral monitoring at 

least two days per week during 

vibratory pile driving for the duration of 

the project to estimate take and evaluate 

the behavioral impacts that pile driving 

has on marine mammals out to the Level 

B harassment isopleth (1,900) m. NMFS 

believes this is an adequate effort of 

monitoring because vibratory pile 

driving will not produce source SPLs 

exceeding 180 dB rms (Level A 

harassment threshold) and therefore, the 

activity will not require shut-down in 

order to prevent Level A harassment. 

Monitoring by Caltrans is also being 

conducted in the area, and given the 

limited number of pile driving hours 

and Exploratorium resources, this 

amount of monitoring is expected to be 

adequate to verify that the specified 

activity is having a negligible impact on 

the affected species and stocks. 

Description of Marine Mammals in the 

Area of the Specified Activity 

Marine mammals with confirmed 

occurrences in San Francisco Bay are 

the Pacific harbor seal, California sea 

lion, harbor porpoise, gray whale, 

humpback whale (Megaptera 

noveangliae), and sea otter (Enhydra 

lutris). However, humpback whales are 

considered extremely rare in San 

Francisco Bay and are highly unlikely to 

be present in the project vicinity during 

pile driving. Sea otters are managed by 

the U.S. Fish and Wildlife Service. 

Information on Pacific harbor seals, 

California sea lions, harbor porpoises, 

and gray whales was provided in the 

July 22, 2010 (75 FR 42691) Federal 

Register notice. 

Potential Effects on Marine Mammals 

Pile driving at the Exploratorium’s 

new location may temporarily impact 

marine mammal behavior within the 

action area due to elevated in-water 

noise levels. A detailed description of 

potential impacts to marine mammals 

can be found in NMFS’ July 22, 2010 

Federal Register notice (75 FR 42691) 

and are summarized here. 

Marine mammals produce sounds in 

various contexts and use sound for 

various biological functions including, 

but not limited to, (1) Social 

interactions; (2) foraging; (3) orientation; 

and (4) predator detection. Interference 

with producing or receiving these 

sounds may result in adverse impacts. 

Audible distance, or received levels 

(RLs) will depend on the nature of the 

sound source, ambient noise conditions, 

and the sensitivity of the receptor to the 

sound (Richardson et al., 1995). Type 

and significance of marine mammal 

reactions to noise are likely to 

dependent on a variety of factors 

including, but not limited to, the 

behavioral state (e.g., feeding, traveling, 

etc.) of the animal at the time it receives 

the stimulus, frequency of the sound, 

distance from the source, and the level 

of the sound relative to ambient 

conditions (Southall et al., 2007). 

Hearing Impairment 

Temporary or permanent hearing 

impairment is possible when marine 

mammals are exposed to very loud 

sounds. Hearing impairment is 

measured in two forms: Temporary 

threshold shift (TTS) and permanent 

threshold shift (PTS). There are no 

empirical data for onset of PTS in any 

marine mammal; therefore, PTS-onset 

must be estimated from TTS-onset 

measurements and from the rate of TTS 

growth with increasing exposure levels 

above the level eliciting TTS-onset. PTS 

is presumed to be likely if the hearing 

threshold is reduced by ≥40 dB (i.e., 40 

dB of TTS). Due to proposed mitigation 

measures and source levels, NMFS does 

not expect that marine mammals will be 

exposed to levels that could elicit PTS. 

Temporary Threshold Shift (TTS) 

TTS is the mildest form of hearing 

impairment that can occur during 

exposure to a loud sound (Kryter, 1985). 


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While experiencing TTS, the hearing 

threshold rises and a sound must be 

louder in order to be heard. TTS can last 

from minutes or hours to, in cases of 

strong TTS, days. For sound exposures 

at or somewhat above the TTS-onset 

threshold, hearing sensitivity recovers 

rapidly after exposure to the noise ends. 

Few data on sound levels and durations 

necessary to elicit mild TTS have been 

obtained for marine mammals. Southall 

et al. (2007) considers a 6 dB TTS (i.e., 

baseline thresholds are elevated by 6 

dB) sufficient to be recognized as an 

unequivocal deviation and thus a 

sufficient definition of TTS-onset. 

Because it is non-injurious, NMFS 

considers TTS as Level B harassment 

that is mediated by physiological effects 

on the auditory system; however, NMFS 

does not consider onset TTS to be the 

lowest level at which Level B 

harassment may occur. 

Southall et al. (2007) summarizes 

underwater pinniped TTS data from 

Kastak et al. (2005), indicating that a 

tested harbor seal showed a TTS of 

around 6 dB when exposed to a 

nonpulse noise at SPL 152 dB re: 1 μPa 

for 25 minutes. In contrast, a tested sea 

lion exhibited TTS-onset at 174 dB re: 

1 μPa under the same conditions as the 

harbor seal. Data from a single study on 

underwater pulses found no signs of 

TTS-onset in sea lions at exposures up 

to 183 dB re: 1 μPa (peak-to-peak) 

(Finneran et al., 2003). There is no 

information on species-specific TTS for 

harbor porpoises exposed to non-pulse 

sound or for gray whales. Based on 

studies summarized in Southall et al. 

(2007), NMFS anticipates that vibratory 

pile driving will not induce TTS since 

SPLs generated from the activity are low 

and, contrary to animals confined to a 

tank, animals in the wild will likely not 

remain in the area long enough to be 

exposed for an extended period of time. 

Similarly, if impact pile driving is 

required, it will only be temporary (5– 

25 strikes) and will be delayed if 

animals are seen approaching the Level 

A harassment isopleth. As such, impact 

pile driving is not likely to induce TTS. 

No known data exists for sound levels 

resulting from the type of vibratory 

hammer and pile sizes that would be 

used at the Exploratorium; however, 

measured sound levels for the ‘‘King 

Kong’’ vibratory hammer used in 

Richmond, California ranged between 

163 and 180 dB rms (Illingworth and 

Rodkin, 2007). Sound levels at the 

Exploratorium are expected to be 

substantially lower because the 

vibratory hammer being used is 

approximately 40 percent of the 

energetic capacity of the ‘‘King Kong’’ 

hammer and will not be used at full 

capacity. In addition, San Francisco Bay 

is highly industrialized and masking of 

the pile driver by other vessels and 

anthropogenic noise within the action 

area may, especially in the nearby 

shipping channel, may also make 

construction sounds difficult to hear at 

greater distances. Underwater ambient 

noise levels along the San Francisco 

waterfront may be around 133 dB rms, 

based on measurements from the nearby 

Oakland Outer Harbor (Caltrans, 2009). 

Any impacts to marine mammal 

behavior are expected to be temporary. 

First, animals may avoid the area 

around the hammer; thereby reducing 

exposure. Second, pile driving does not 

occur continuously throughout the day. 

As described above, the vibratory 

hammer only operates for about 30 

minutes followed by at least a one hour 

break. Two to five pilings are 

anticipated to be driven per day, 

resulting in a total of 1–2.5 hours of pile 

driving within any given 24 hour 

period. Limiting pile driving to less than 

three hours per day will allow for 

minimal disruption of foraging or 

dispersal throughout the habitat. Any 

disturbance to marine mammals is 

likely to be in the form of temporary 

avoidance or alteration of opportunistic 

foraging behavior near the pile driving 

location. In addition, because pile 

driving is anticipated to be 

accomplished using only a vibratory 

hammer, marine mammal injury or 

mortality is not anticipated. If an impact 

hammer is used, a protected species 

observer (PSO) will be on watch to 

implement pile driver shut down, a 

mitigation measure designed to prevent 

animals from being exposed to injurious 

level sounds. For these reasons, any 

changes to marine mammal behavior are 

expected to be temporary and result in 

a negligible impact to affected species 

and stocks. 

Anticipated Effects on Habitat 

Marine mammal habitat will be 

temporarily disturbed due to pile 

driving activities. Installation of new 

piles will be permanent; however, 

overall site conditions are anticipated to 

be substantively unchanged from 

existing conditions for marine mammals 

following project implementation. 

NMFS Southwest Regional Office 

determined that the proposed 

construction activities would adversely 

affect Essential Fish Habitat (EFH); 

however, adequate measures are in 

place to avoid, minimize, mitigate, or 

otherwise offset the adverse effects to 

EFH. 

Mitigation Measures 

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 such 

activity, and other means of effecting 

the least practicable adverse impact on 

such species or stock and its habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance, and on the availability of 

such species or stock for taking for 

certain subsistence uses. The latter does 

not apply here, as no subsistence 

hunting takes place in California. The 

following summarizes mitigation and 

monitoring measures set forth in the 

IHA. 

Limited Use of an Impact Hammer 

All piles will be installed using a 

vibratory pile driver unless sufficient 

depth cannot be reached, at which point 

an impact hammer may be used. In the 

event that an impact hammer is 

necessary, a bubble curtain, wood block, 

or both will be used as an attenuation 

device to reduce hydroacoustic sound 

levels to avoid the potential for injury. 

Establishment of a Safety Zone 

For all in-water impact pile driving, 

the Exploratorium will establish a 

preliminary marine mammal safety zone 

of 500 m (1,640 ft) around each pile 

before pile driving commences. Once 

impact pile driving commences, the 

Exploratorium may establish a new 

safety zone where sound levels do not 

exceed 180 dB rms and 190 dB rms (for 

cetaceans and pinnipeds, respectively) 

based on acoustical monitoring data 

collected during pile driving. No safety 

zone for vibratory pile driving is 

necessary, as source levels will not 

exceed the Level A harassment 

threshold. 

Pile Driving Shut Down and Delay 

Procedures 

If a PSO observes a marine mammal 

within or approaching the safety zone 

prior to start of impact pile driving, the 

PSO will notify the Resident Engineer 

(or other authorized individual) who 

will then be required to delay pile 

driving until the marine mammal has 

moved outside of the safety zone or if 

the animal has not been resighted 

within 15 minutes. If a marine mammal 

is sighted within or on a path toward 

the safety zone during pile driving, pile 

driving will cease until that animal has 

cleared and is on a path away from the 

safety zone or 15 minutes has lapsed 

since the last sighting. In addition, if a 

marine mammal not authorized to be 

taken under the IHA (e.g., humpback 

whale) is observed within the Level B 


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harassment zone (1,900 m), pile driving 

will be delayed until that animal has 

cleared and is on a path away from the 

safety zone or 15 minutes has lapsed 

since the last sighting. 

Soft-start Procedures 

A ‘‘soft-start’’ technique will be used at 

the beginning of each pile installation to 

allow any marine mammal that may be 

in the immediate area to leave before the 

pile hammer reaches full energy. For 

vibratory pile driving, the soft-start 

procedure requires contractors to 

initiate noise from the vibratory hammer 

for 15 seconds at 40–60 percent reduced 

energy followed by a 1-minute waiting 

period. The procedure will be repeated 

two additional times before full energy 

may be achieved. For impact 

hammering, contractors will be required 

to provide an initial set of three strikes 

from the impact hammer at 40 percent 

energy, followed by a 1-minute waiting 

period, then two subsequent three-strike 

sets. The soft-start procedure will be 

conducted prior to driving each pile if 

vibratory hammering ceases for more 

than 30 minutes. 

Visual Monitoring and Reporting 

The Exploratorium must designate at 

least one biologically-trained, on-site 

individual, approved in advance by 

NMFS, to monitor the area for marine 

mammals 30 minutes before, during, 

and 30 minutes after all impact pile 

driving activities and call for shut down 

if any marine mammal is observed 

within or approaching the designated 

Level A harassment zone (preliminarily 

set at 500 m). In addition, at least one 

NMFS-approved PSO will conduct 

behavioral monitoring in and around 

the Exploratorium at least two days per 

week for the duration of vibratory pile 

driving activities to estimate take and 

evaluate the behavioral impacts 

vibratory pile driving has on marine 

mammals out to the Level B harassment 

isopleth (1,900 m). Should a nonauthorized marine mammal (i.e. 

humpback whale) be observed at any 

time in this zone, the aforementioned 

shut down and delay procedures will be 

followed. 

PSOs will be provided with the 

equipment necessary to effectively 

monitor for marine mammals (e.g., highquality binoculars, compass, and rangefinder) in order to determine if animals 

have entered into the harassment 

isopleths and to record species, 

behaviors, and responses to pile driving. 

PSOs will be required to submit a report 

to NMFS within 120 days of expiration 

of the IHA or completion of pile driving, 

whichever comes first. The report 

should include data from marine 

mammal sightings (e.g., species, group 

size, behavior), any observed reactions 

to construction, distance to operating 

pile hammer, and construction activities 

occurring at time of sighting. 

Estimated Take by Incidental 

Harassment 

Except with respect to certain 

activities not pertinent here, 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]. 

Based on the Exploratorium’s 

application and subsequent analysis, the 

impact of the described pile driving 

operations may result in, at most, shortterm modification of behavior by small 

numbers of marine mammals who are 

within the action area. Marine mammals 

may avoid the area or temporarily halt 

any behaviors (e.g., foraging) at time of 

exposure. Due to the short duration of 

pile driving per day, animals are not 

anticipated to be exposed multiple 

times per day. 

Current NMFS practice regarding 

exposure of marine mammals to 

anthropogenic noise is that in order to 

avoid the potential for injury of marine 

mammals (e.g., PTS), cetaceans and 

pinnipeds should not be exposed to 

impulsive sounds of 180 and 190 dB 

rms or above, respectively. This level is 

considered precautionary as it is likely 

that more intense sounds would be 

required before injury would actually 

occur (Southall et al., 2007). Potential 

for behavioral harassment (Level B) is 

considered to have occurred when 

marine mammals are exposed to sounds 

at or above 160 dB rms for impulse 

sounds (e.g., impact pile driving) and 

120 dB rms for non-pulse noise (e.g., 

vibratory pile driving), but below the 

aforementioned thresholds. These levels 

are also considered precautionary. 

Based on empirical measurements 

taken by Caltrans (which are presented 

in the Description of Specified Activities 

section above), estimated distances to 

NMFS current threshold sound levels 

from pile driving during the 

Exploratorium’s relocation project are 

presented in Table 4. These estimates 

are based on the worst case scenario of 

driving the 72-inch steel piles but 

would be carried over for all pile 

driving. Note that despite short 

distances to the Level A harassment 

isopleth, the Exploratorium has 

proposed to implement a preliminary 

500-m marine mammal safety zone until 

empirical pile driving measurements 

can be made and distances to this 

threshold isopleth can be verified. 

TABLE 4—MODELED UNDERWATER DISTANCES TO NMFS’ MARINE MAMMAL HARASSMENT THRESHOLD LEVELS

Level A 

(190/180 dB) 

Level B 

harassment 

(160 dB) 

Level B 

harassment 

(120 dB) 

Impact hammering ............................................................ 20 m (w/o sound attenuation device) .............................. 100 m n/a 

Vibratory hammering ......................................................... n/a .................................................................................... n/a 1900 m 

The estimated number of potential 

marine mammal takes was based on 

marine mammal monitoring reports 

prepared by Caltrans during similar 

activities in San Francisco Bay and on 

discussions with the NMFS Southwest 

Regional Office. Caltrans’ SFOBB 

marine mammal monitoring reports 

were used to estimate the number of 

pinnipeds near the Exploratorium 

project area as the SFOBB site and 

Exploratorium are relatively close to 

each other and are similar in 

bathymetric features (e.g., water depth, 

substrate). However, monitoring 

conducted for the SFOBB project has 

been in close proximity to a haul out 

area, while the Exploratorium project is 

in an area of high commercial boat 

activity with no haul out sites. 

Therefore, the Caltrans data likely 

overestimates marine mammal 

abundance for the Exploratorium project 

area. Based on consultation with the 

NMFS Southwest Regional Office and 

review of Caltrans monitoring reports 

for pile driving activities in San 

Francisco Bay, the Exploratorium 

requested a total take of two Pacific 

harbor seals, one California sea lion, and 


srobinson on DSKHWCL6B1PROD with NOTICES
66070 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 

one gray whale per day of pile driving. 

Upon further consultation with NMFS 

Southwest Regional Office, NMFS is 

proposing to include harbor porpoise as 

a species potentially taken by pile 

driving, due to the recorded, albeit 

infrequent, sightings of harbor porpoises 

within San Francisco Bay. 

The Exploratorium estimates an 

average of three piles would be driven 

in a single day. Given 69 piles in total, 

pile driving would occur for 

approximately 23 days over the life of 

the project. Therefore, NMFS is 

proposing to authorize annual take, by 

Level B harassment only, of 38 Pacific 

harbor seals, 19 California sea lions 

incidental to the Exploratorium’s pile 

driving activities. Due to the infrequent, 

but potential presence of harbor 

porpoise and gray whales in the area, 

NMFS is also proposing to authorize the 

take of 28 harbor porpoise and five gray 

whales, annually, based on consultation 

with the NMFS Southwest Regional 

Office, NMFS. These numbers are 

conservative and indicate the maximum 

number of animals expected to occur 

within the Level B harassment isopleth 

(1,900 m). Estimated and proposed level 

of take of each species is less than one 

percent of the affected stock population 

and therefore is considered small in 

relation to the population numbers 

previously set forth. The most recent 

harbor seal counts estimate the 

California stock of Pacific harbor seals at 

34,233 individuals and the population 

appears to be stabilizing at what may be 

their carrying capacity. The abundance 

of the U.S. stock of California sea lions 

is estimated to be 238,000 individuals 

and the stock is approaching carrying 

capacity. Any harbor porpoises 

encountered during the Exploratorium 

relocation project would likely be part 

of the San Francisco-Russian River stock 

which has an estimated abundance of 

9,189 animals and has steadily 

increased since 1993 (although the 

increase is not statistically significant). 

Lastly, the most recent 2008 stock 

assessment report estimated the Eastern 

North Pacific gray whale stock to be 

approximately 18,813 individuals with 

an increasing population trend over the 

past several decades. 

Negligible Impact and Small Numbers 

Analysis and Determination 

NMFS has defined ‘‘negligible impact’’ 

in 50 CFR 216.103 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.’’ 

NMFS has determined that the impact 

of pile driving within the 

Exploratorium’s action area, as 

described in this notice and the IHA 

application, may result in the temporary 

modification in behavior (Level B 

harassment) of small numbers of marine 

mammals. Further, this activity is 

expected to result in a negligible impact 

on the affected species or stocks of 

marine mammals. The provision 

requiring that the activity not have an 

unmitigable impact on the availability 

of the affected species or stock of marine 

mammals for subsistence use is not 

implicated for this action. 

For reasons stated previously in this 

document, the specified activities 

associated with relocation of the 

Exploratorium are not likely to cause 

TTS, PTS, or other non-auditory injury, 

serious injury, or death to affected 

marine mammals because of the 

following: 

(1) The fact that sound pressure levels 

from vibratory pile driving in San 

Francisco Bay will not exceed 180 dB 

rms; 

(2) The limited use of an impact 

hammer during pile driving; 

(3) The use of sound attenuation 

devices (e.g., wood block, bubble 

curtain) during all impact hammering; 

(4) The monitoring requirements 

during all impact pile driving and 

during vibratory pile driving two full 

days per week; and 

(5) The incorporation of other 

required mitigation measures (i.e., shutdown, soft-starts). 

As a result, no take by injury, serious 

injury, or death is anticipated or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the required monitoring and mitigation 

measures. 

While the number of marine 

mammals potentially incidentally 

harassed will depend on the 

distribution and abundance of marine 

mammals in the vicinity of the pile 

driving activities, the number of 

potential Level B incidental harassment 

takings is estimated to be small (less 

than one percent) relative to the 

estimated population sizes and has been 

mitigated to the lowest level practicable 

through incorporation of the monitoring 

and mitigation measures previously 

addressed in this document. No known 

foraging sites occur around Piers 15/17 

and the closest pinniped haul out area 

is 3 km away. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

No marine mammal species listed 

under the ESA are anticipated to occur 

within the action area; therefore, ESA 

consultation on issuance of the 

proposed IHA was not required. 

However, other ESA-listed species 

under NMFS’ jurisdiction do occur 

within the action area. On May 28, 

2010, the NMFS Southwest Regional 

Office concluded Section 7 and EFH 

consultation with the U.S. Army Corps 

of Engineers (Corps) on issuance of a 

Corps permit to the Exploratorium. Both 

parties concurred that adequate 

measures are in place to avoid, 

minimize, mitigate, or otherwise offset 

adverse effects to EFH. 

National Environmental Policy Act 

(NEPA) 

On October 15, 2010, NMFS released 

an Environmental Assessment (EA) and 

Finding of No Significant Impact 

(FONSI) for the Exploratorium 

relocation project. NMFS determined 

that issuance of the IHA would not 

significantly impact the quality of the 

human environment and that 

preparation of an Environmental Impact 

Statement was not required. 

Dated: October 14, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–27178 Filed 10–26–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ46 

Magnuson-Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permit (EFP) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Notification of a proposal for an 

EFP to conduct experimental fishing; 

request for comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Northeast Region, NMFS (Assistant 

Regional Administrator), is soliciting 

public comment on an EFP application 

submitted by Wallace & Associates on 

behalf of Truex Enterprises. The 

proposed EFP would extend a 

previously authorized EFP for an 

additional year to continue testing the 


srobinson on DSKHWCL6B1PROD with NOTICES