[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 42986-43001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF460


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to a Pile Driving Activities for Waterfront Repairs at the 
U.S. Coast Guard Station Monterey, Monterey, California

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received a request from the U.S. Coast Guard (USCG) 
for authorization to take marine mammals incidental to pile driving 
activities for waterfront repairs at the USCG Monterey Station in 
Monterey, California. Pursuant to the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to issue an 
incidental harassment authorization (IHA) to take marine mammals during 
the specified activities. NMFS will consider public comments prior to 
making any final decision on the issuance of the requested MMPA 
authorization and agency responses will be summarized in the final 
notice of our decision.

DATES: Comments and information must be received no later than October 
13, 2017.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Physical comments should be sent to 
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments 
should be sent to <a href="/cdn-cgi/l/email-protection#fbb2afabd59e9c9c9e89bb95949a9ad59c948d"><span class="__cf_email__" data-cfemail="e2abb6b2cc8785858790a28c8d8383cc858d94">[email protected]</span></a>.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm without change. All personal 
identifying information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these 
documents, please call the contact listed above.

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 (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An 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.

[[Page 42987]]

    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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, or kill, or attempt to harass, hunt, capture, or kill any 
marine mammal.
    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).

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an 
incidental harassment authorization) with respect to potential impacts 
on the human environment. Accordingly, NMFS plans to adopt the USCG's 
Supplemental Environmental Assessment (SEA) entitled Supplemental 
Environmental Assessment for Waterfront Repairs at U.S. Coast Guard 
Station Monterey, Monterey, California, and provided our independent 
evaluation of the document finds that it includes adequate information 
analyzing the effects on the human environment of issuing the IHA. The 
USCG's SEA is available for public comment on our Web site at 
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. We will 
review all comments submitted in response to this notice prior to 
concluding our NEPA process or making a final decision on the IHA 
request.

Summary of Request

    On February 10, 2017, NMFS received a request from the USCG for an 
IHA to take marine mammals incidental to pile driving activities for 
waterfront restoration, at the USCG Station Monterey in Monterrey, 
California. USCG's request is for take of eight species of marine 
mammals, by Level B harassment. Neither USCG nor NMFS expect mortality 
to result from this activity and, therefore, an IHA is appropriate.
    NMFS previously issued an IHA to the USCG for similar work (79 FR 
57052; September 24, 2014). However, no work was conducted under that 
IHA.

Description of Proposed Activity

Overview

    USCG Station Monterey occupies an upland site and adjacent 
waterside structures including a 1,700-foot breakwater, a wharf 
constructed over the breakwater, and floating docks to the east of the 
wharf in Monterey Harbor. The USCG intends to conduct maintenance on 
the existing wharf, which is used to berth vessels that are critical to 
support USCG Station Monterey's mission.
    The wharf is constructed of timber and steel material and is 
supported by 64 piles. In 1995, 47 of the original timber piles were 
replaced with 14-inch (in) steel pipe piles and the remaining 17 timber 
piles had polyvinyl chloride (PVC) pile wraps installed. The 17 
remaining timber piles are bearing piles that have exceeded their 
service life partially due to marine bores and the harsh marine 
environment to which they are exposed, and they need to be replaced. 
The proposed project requires replacement of these 17 timber piles 
including removal of the existing timber deck, replacing stringers, 
steel pipe caps, steel support beams, and hardware in order to access 
the timber piles. The timber piles will be removed using vibratory pile 
driving and replaced with steel piles using vibratory pile driving and 
if needed an impact hammer.
    In-water noise from pile driving activities will result in the 
take, by Level B harassment only, of eight species of marine mammals.

Dates and Duration

    In-water construction for this application is proposed to occur 
between October 16, 2017 and October 15, 2018. Pile-driving activities 
are expected to occur for an estimated minimum of three to a maximum of 
eight days of the total construction time. It is assumed that driving 
time would be approximately 20 minutes (min) per pile for vibratory or 
impact pile driving. It is assumed that vibratory extraction of the 
existing piles would take approximately 10 min per pile. Pile driving 
and extraction would therefore result in an estimated of 240 min per 
day (4 hours (hrs)); 510 min for the total project or approximately 8.5 
hrs.

Specified Geographic Region

    USCG Station Monterey is located at 100 Lighthouse Avenue at the 
southern end of Monterey Bay in Monterey Harbor, Monterey, California. 
The USCG Monterey Station's area of responsibility extends 50 miles 
offshore for approximately 120 nautical miles of coastline, from Point 
A[ntilde]o Nuevo south to the Monterey-San Luis Obispo County line, 
encompassing 5,000 square miles. Monterey Bay is one of the widest bays 
on the Pacific Coast of the U.S. and approximately 3.5 miles of 
coastline are within the city limits of Monterey; the Monterey Bay 
National Marine Sanctuary (MBNMS) encompasses the entirety of the bay 
and further extends northward and southward along the Pacific Coast.

Detailed Description of Specific Activities

    The 17 timber piles, approximately 16 to 18-in in diameter, will be 
removed using a vibratory extractor. Each timber pile will be replaced 
with a 14-in steel pipe pile installed using a vibratory hammer (the 
preferred method) and each pipe pile will be positioned and installed 
in the footprint of the extracted timber pile. Pile installation would 
be adjacent to a rock jetty that would provide substantial underwater 
shielding of sound transmission to areas north (or through the jetty) 
(see Figure 1-2 of the application).
    Pile proofing will be conducted via impact hammer. If, due to 
substrate or breakwater armor, a pipe pile is unable to be driven to 30 
feet below the mud line using a vibratory hammer, then an impact hammer 
will be used; and if the pile cannot be driven with an impact hammer, 
the pipe pile would be posted onto the armor stone. The steel pipe 
piles would not be filled with concrete.

Description of Marine Mammals in the Area of Specified Activities

    The marine mammal species under NMFS's jurisdiction that have the 
potential to occur in the proposed construction area include California 
sea lion (Zalophus californianus), Pacific harbor seal (Phoca 
vitulina), harbor porpoise (Phocoena phocoena), Risso's dolphin 
(Grampus griseus), bottlenose dolphin (Tursiops truncates), killer 
whale (Orcinus orca), gray whale (Megaptera novaengliae), humpback 
whale (Eschrichtius robustus), and southern sea otters (Enhydra lutris 
nereis). The southern sea otter is managed by the U.S. Fish and 
Wildlife Service and not discussed further in this proposed 
authorization. Humpback whales are protected under the Endangered 
Species Act (ESA). Pertinent information for each of these species is 
presented in this document to provide the necessary background to

[[Page 42988]]

understand their demographics and distribution in the area.
    Sections 2 and 3 of the USCG's application summarize available 
information regarding status and trends, distribution and habitat 
preferences, and behavior and life history, of the potentially affected 
species. Additional information regarding population trends and threats 
may be found in NMFS's Stock Assessment Reports (SAR; 
www.nmfs.noaa.gov/pr/sars/) and more general information about these 
species (e.g., physical and behavioral descriptions) may be found on 
NMFS's Web site (www.nmfs.noaa.gov/pr/species/mammals/).
    Table 1 lists all species with expected potential for occurrence in 
the Monterey Bay area and summarizes information related to the 
population or stock, including regulatory status under the MMPA and ESA 
and potential biological removal (PBR), where known. For taxonomy, we 
follow Committee on Taxonomy (2016). 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's SARs). While no 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's 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. 2015 SARs (Carretta et al. 2016). All values presented in 
Table 1 are the most recent available at the time of publication and 
are available in the 2016 SARs (Carretta et al. 2016).

                                        Table 1--Marine Mammal Species Potentially Present in Region of Activity
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                                                                                                             Stock abundance (CV,
            Common name                  Scientific name              Stock             ESA/MMPA status;       Nmin, most recent       PBR     Annual M/
                                                                                      strategic (Y/N) \1\    abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Family Eschrichtiidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray whale.........................  Eschrichtius robustus.  Eastern North Pacific.  -; N.................  20,990 (0.05; 20,125;         624        132
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Family Balaenidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Humpback whale.....................  Megaptera novaeangliae  California/Oregon/      E; D.................  1,918 (0.03; 1,855;          11.0      >=5.5
                                      novaeangliae.           Washington.                                    2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Killer whale.......................  Orcinus orca..........  Eastern North Pacific   -; N.................  240 (0.49, 162, 2008).        1.6          0
                                                              Offshore.
Risso's dolphin....................  Grampus griseus.......  California/Oregon/      -; N.................  6,336 (0.32; (4,817,           46      >=3.7
                                                              Washington.                                    2014).
Bottlenose dolphin.................  Tursiops truncatus....  California Coastal....  -; N.................  453 (0.06, 346, 2011).        2.7      >=2.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocoenidae (porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Porpoise....................  Phocoena phocoena.....  Monterey Bay..........  -; N.................  3,715 (0.51; 2,480;            25          0
                                                                                                             2011).
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                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion................  Zalophus californianus  U.S...................  -; N.................  296,750 (na, 153,337,       9,200        389
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal........................  Phoca vitulina........  California............  -; N.................  30,968 (na; 27,348          1,641         43
                                                                                                             2012).
--------------------------------------------------------------------------------------------------------------------------------------------------------
1--Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2--NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance. In some cases, CV is not applicable.
3--These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike). Annual mortality/serious injury (M/SI) 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.


[[Page 42989]]

    All species that could potentially occur in the proposed project 
area are included in Table 1. As described below, all eight species 
temporally and spatially co-occur with the activity to the degree that 
take is reasonably likely to occur, and we have proposed authorizing 
it. Some additional information about species being taken is provided 
below.

California Sea Lion

    California sea lions breed during July on the Channel Islands off 
southern California which is approximately 100 mi (161 km) south of 
MBNMS, and off Baja and mainland Mexico (Odell 1981), although a few 
pups have been born on A[ntilde]o Nuevo Island (in San Mateo County) 
(Keith et al., 1984). Following the breeding season on the Channel 
Islands, most adult and sub-adult males migrate northward to central 
and northern California and to the Pacific Northwest, while most 
females and young animals either remain on or near the breeding grounds 
throughout the year or move southward or northward, as far as Monterey 
Bay.
    Stage structure of California sea lions within the MBNMS varies by 
location, but generally, the majority of animals are adult and subadult 
males, primarily using the central California area to feed during the 
non-breeding season and are most common in the MBNMS during fall and 
spring migrations between southern breeding areas and northern feeding 
areas. Though males are generally most common, females may comprise 34 
to 37 percent of juvenile individuals on the Monterey breakwater during 
El Ni[ntilde]o events (Nicholson 1986). California sea lions are the 
most abundant marine mammal in the project area and regularly use the 
Monterey Breakwater and portions of the pier as a haul-out site.

Harbor Seal

    In California, there are approximately 400 to 600 haul-out sites 
located on a mixture of rock shores, intertidal sand bars, and beaches 
associated with the mainland and offshore islands (NOAA 2015c). Harbor 
seals are residents in the MBNMS throughout the year. They haul out at 
dozens of sites from Point Sur to A[ntilde]o Nuevo. Within MBNMS, 
tagged harbor seals have been documented to move substantial distances 
(10-20 km (3.9-7.8 mi)) to foraging areas each night (Oxman 1995; 
Trumble 1995). Overall, radio-tagged individuals have moved total 
distances of 480 km (Allen et al., 1987). Pupping within the MBNMS 
occurs primarily during March and April, followed by a molt during May 
and June. Peak abundance on land within the Sanctuary is reached in 
late spring and early summer when harbor seals haul out to breed, give 
birth to pups, and molt.
    Pacific harbor seals are not known to regularly use the Monterey 
Breakwater as a haul-out site, but may use beaches or other relatively 
low-gradient areas to haul-out in the project area, and in areas nearby 
such as beaches along Cannery Row in the City of Monterey.

Harbor Porpoise

    The harbor porpoise is a resident species of Monterey Bay and could 
occur within the project area. The Monterey Bay stock of harbor 
porpoise occurs from Point Sur to near Pigeon Point (Forney et al. 
2014).

Risso's Dolphin and Bottlenose Dolphin

    Breeding and calving for Risso's dolphin may occur year-round with 
a gestation period of 13 to 14 months and most births occurring from 
fall to winter in California waters (NOAA 2012). The California coastal 
bottlenose dolphin has been consistently sighted in and around Monterey 
Bay and could occur within the project area (NOAA 2008).

Killer Whales

    Killer whales (both West Coast transients and Eastern North Pacific 
offshore stocks) visit the MBNMS on an intermittent and unpredictable 
basis. Transient killer whales prey on gray whales and California sea 
lions within the MBNMS, and have the potential to occur in the project 
area (MBNMS 2016).

Gray Whale

    From mid-February to May gray whales can be seen migrating 
northward with their calves along the West Coast (NOAA 2013a). The 
population migrates south along the West Coast in the fall to wintering 
grounds on the west coast of Baja California, Mexico, and the 
southeastern Gulf of California (NOAA 2014). Although gray whales are 
not resident species within the project area, during their annual 
migration they can occur within approximately two miles of the coast of 
Monterey Bay (MBNMS 2014).

Humpback Whale

    Humpback whales are one of the more commonly observed large baleen 
whales in the MBNMS, mostly seen during summer and fall as they are 
feeding (NOAA 2014b). Both the Mexico Distinct Population Segment (DPS) 
and the Central America DPS can occur in the vicinity of the project 
area. Humpback whales are typically found further offshore than gray 
whales, but since 2014 higher numbers of humpback whales have been 
observed in and near Monterey Bay by whale-watching vessels.
Marine Mammal Hearing
    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et al. 
1995; Wartzok and Ketten 1999; Au and Hastings 2008). To reflect this, 
Southall et al. (2007) recommended that marine mammals be divided into 
functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2016a) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 dB 
threshold from the normalized composite audiograms, with the exception 
for lower limits for low-frequency cetaceans where the lower bound was 
deemed to be biologically implausible and the lower bound from Southall 
et al. (2007) retained. The functional groups and the associated 
frequencies are indicated below (note that these frequency ranges 
correspond to the range for the composite group, with the entire range 
not necessarily reflecting the capabilities of every species within 
that group):
    [ssquf] Low-frequency cetaceans (mysticetes): Generalized hearing 
is estimated to occur between approximately 7 hertz (Hz) and 35 
kilohertz (kHz), with best hearing estimated to be from 100 Hz to 8 
kHz;
    [ssquf] Mid-frequency cetaceans (larger toothed whales, beaked 
whales, and most delphinids): Generalized hearing is estimated to occur 
between approximately 150 Hz and 160 kHz, with best hearing from 10 to 
less than 100 kHz;
    [ssquf] High-frequency cetaceans (porpoises, river dolphins, and 
members of the genera Kogia and Cephalorhynchus; including two members 
of the genus Lagenorhynchus, on the basis of recent echolocation data

[[Page 42990]]

and genetic data): Generalized hearing is estimated to occur between 
approximately 275 Hz and 160 kHz.
    [ssquf] Pinnipeds in water; Phocidae (true seals): Generalized 
hearing is estimated to occur between approximately 50 Hz to 86 kHz, 
with best hearing between 1-50 kHz;
    [ssquf] Pinnipeds in water; Otariidae (eared seals and sea lions): 
Generalized hearing is estimated to occur between 60 Hz and 39 kHz, 
with best hearing between 2-48 kHz.
    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2016a) for a review of available information. 
Eight marine mammal species (6 cetacean and 2 pinniped (1 otariid and 1 
phocid species) have the reasonable potential to co-occur with the 
proposed survey activities. Please refer to Table 1. Of the cetacean 
species that may be present, three are classified as low-frequency 
cetaceans (i.e., all mysticete species), two are classified as mid-
frequency cetaceans (i.e., all delphinid and ziphiid species), and two 
are classified as high-frequency cetaceans (i.e., harbor porpoise).

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The ``Estimated Take by Incidental Harassment'' section 
later in this document will include a quantitative analysis of the 
number of individuals that are expected to be taken by this activity. 
The ``Negligible Impact Analysis and Determination'' section will 
consider the content of this section, the ``Estimated Take by 
Incidental Harassment'' section, and the ``Proposed Mitigation'' 
section, to draw conclusions regarding the likely impacts of these 
activities on the reproductive success or survivorship of individuals 
and how those impacts on individuals are likely to impact marine mammal 
species or stocks.
    The USCG Monterey Station Project involves in-water pile driving 
and pile removal that could adversely affect marine mammal species and 
stocks by exposing them to elevated underwater noise levels in the 
vicinity of the activity area. Although marine mammals (primarily 
pinnipeds hauled out on the adjacent jetty) could be exposed to 
airborne noise associated with pile replacement, airborne noise would 
likely cause behavioral responses similar to those discussed below in 
relation to underwater noise and is accounted for in the ``Estimated 
Take'' section and therefore is not discussed further.
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift 
(TS)--an increase in the auditory threshold after exposure to noise 
(Finneran et al. 2005). Factors that influence the amount of threshold 
shift include the amplitude, duration, frequency content, temporal 
pattern, and energy distribution of noise exposure. The magnitude of 
hearing threshold shift normally decreases over time following 
cessation of the noise exposure. The amount of threshold shift just 
after exposure is the initial threshold shift. If the threshold shift 
eventually returns to zero (i.e., the threshold returns to the pre-
exposure value), it is a temporary threshold shift (Southall et al. 
2007).
    Threshold Shift (noise-induced loss of hearing)--When animals 
exhibit reduced hearing sensitivity (i.e., sounds must be louder for an 
animal to detect them) following exposure to an intense sound or sound 
for long duration, it is referred to as TS. An animal can experience 
temporary threshold shift (TTS) or permanent threshold shift (PTS). TTS 
can last from minutes or hours to days (i.e., there is complete 
recovery), can occur in specific frequency ranges (i.e., an animal 
might only have a temporary loss of hearing sensitivity between the 
frequencies of 1 and 10 kHz), and can be of varying amounts (for 
example, an animal's hearing sensitivity might be reduced initially by 
only 6 dB or reduced by 30 dB). PTS is permanent, but some recovery is 
possible. PTS can also occur in a specific frequency range and amount 
as mentioned above for TTS.
    For marine mammals, published data are limited to the captive 
bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless 
porpoise (Finneran et al., 2000, 2002, 2003, 2005, 2007, 2010a, 2010b; 
Finneran and Schlundt, 2010; Lucke et al., 2009; Mooney et al., 2009a, 
2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a; Schlundt et 
al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in water, data 
are limited to measurements of TTS in harbor seals, an elephant seal, 
and California sea lions (Kastak et al., 1999, 2005; Kastelein et al., 
2012b).
    Marine mammal hearing plays a critical role in communication with 
conspecifics, and interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS, and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to serious 
(similar to those discussed in auditory masking, below). For example, a 
marine mammal may be able to readily compensate for a brief, relatively 
small amount of TTS in a non-critical frequency range that occurs 
during a time where ambient noise is lower and there are not as many 
competing sounds present. Alternatively, a larger amount and longer 
duration of TTS sustained during time when communication is critical 
for successful mother/calf interactions could have more serious 
impacts. Also, depending on the degree and frequency range, the effects 
of PTS on an animal could range in severity, although it is considered 
generally more serious because it is a permanent condition. Of note, 
reduced hearing sensitivity as a simple function of aging has been 
observed in marine mammals, as well as humans and other taxa (Southall 
et al. 2007), so one can infer that strategies exist for coping with 
this condition to some degree, though likely not without cost.
    Masking--In addition, chronic exposure to excessive, though not 
high-intensity, noise could cause masking at particular frequencies for 
marine mammals that utilize sound for vital biological functions (Clark 
et al. 2009). Acoustic masking is when other noises such as from human 
sources interfere with animal detection of acoustic signals such as 
communication calls, echolocation sounds, and environmental sounds 
important to marine mammals. Therefore, under certain circumstances, 
marine mammals whose acoustical sensors or environment are being 
severely masked could also be impaired from maximizing their 
performance fitness in survival and reproduction.
    Masking occurs at the frequency band that the animals utilize. 
Therefore, since noise generated from vibratory pile driving activity 
is mostly concentrated at low frequency ranges, it may have less effect 
on high frequency echolocation sounds by odontocetes (toothed whales). 
However, lower frequency man-made noises are more likely to affect 
detection of communication calls and other potentially important 
natural sounds such as surf and prey noise. It may also

[[Page 42991]]

affect communication signals when they occur near the noise band and 
thus reduce the communication space of animals (e.g., Clark et al. 
2009) and cause increased stress levels (e.g., Foote et al. 2004; Holt 
et al. 2009).
    Unlike TS, masking, which can occur over large temporal and spatial 
scales, can potentially affect the species at population, community, or 
even ecosystem levels, as well as individual levels. Masking affects 
both senders and receivers of the signals and could have long-term 
chronic effects on marine mammal species and populations. Recent 
science suggests that low frequency ambient sound levels have increased 
by as much as 20 dB (more than three times in terms of sound pressure 
level) in the world's ocean from pre-industrial periods, and most of 
these increases are from distant shipping (Hildebrand 2009).
    Behavioral disturbance--Finally, marine mammals' exposure to 
certain sounds could lead to behavioral disturbance (Richardson et al., 
1995), such as: Changing durations of surfacing and dives, number of 
blows per surfacing, or moving direction and/or speed; reduced/
increased vocal activities; changing/cessation of certain behavioral 
activities (such as socializing or feeding); visible startle response 
or aggressive behavior (such as tail/fluke slapping or jaw clapping); 
avoidance of areas where noise sources are located; and/or flight 
responses (e.g., pinnipeds flushing into water from haulouts or 
rookeries).
    The onset of behavioral disturbance from anthropogenic noise 
depends on both external factors (characteristics of noise sources and 
their paths) and the receiving animals (hearing, motivation, 
experience, demography) and is also difficult to predict (Southall et 
al., 2007). Currently NMFS uses a received level of 160 dB re 1 [mu]Pa 
root mean square (rms) to predict the onset of behavioral harassment 
from impulse noises (such as impact pile driving), and 120 dB re 1 
[mu]Pa (rms) for continuous noises (such as vibratory pile driving). 
For the proposed USCG Monterey Station Project, both of these noise 
levels are considered for effects analysis because the USCG plans to 
use both impact and vibratory pile driving, as well as vibratory pile 
removal.
    The biological significance of many of these behavioral 
disturbances is difficult to predict, especially if the detected 
disturbances appear minor. However, the consequences of behavioral 
modification could be biologically significant if the change affects 
growth, survival, and/or reproduction, which depends on the severity, 
duration, and context of the effects.
    Habitat--The primary potential impacts to marine mammal habitat are 
associated with elevated sound levels produced by pile driving and 
removal associated with marine mammal prey species. However, other 
potential impacts to the surrounding habitat and prey species from 
physical disturbance are also possible.
    No permanent impacts to habitat are proposed to or would occur as a 
result of the proposed project. The USCG's proposed Station Monterey 
waterfront repair activity would not increase the pier's existing 
footprint, and no new structures would be installed that would result 
in the loss of additional habitat. A temporary, small-scale loss of 
foraging habitat may occur for marine mammals if marine mammals leave 
the area during pile extraction and driving activities.
    Short-term turbidity is a water quality effect of most in-water 
work, including pile driving. Cetaceans are not expected to be close 
enough to the Monterey Station Project to experience turbidity, and any 
pinnipeds will be transiting the terminal area and could avoid 
localized areas of turbidity. Therefore, the impact from increased 
turbidity levels is expected to be discountable to marine mammals.
    Acoustic energy created during pile replacement work would have the 
potential to disturb fish within the vicinity of the pile replacement 
work. As a result, the affected area could temporarily lose foraging 
value to marine mammals. During pile driving, high noise levels may 
exclude fish from the vicinity of pile driving. Hastings and Popper 
(2005) identified several studies that suggest fish will relocate to 
avoid areas of damaging noise energy. Therefore, if fish leave the area 
of disturbance, pinniped foraging habitat may have temporarily 
decreased foraging value when piles are driven using impact hammering. 
The duration of fish avoidance of this area after pile driving stops is 
unknown. However, the affected area represents an extremely small 
portion of the total area within foraging range of marine mammals that 
may be present in the project area.
    Monterey Bay is classified as Essential Fish Habitat (EFH) under 
the Magnuson-Stevens Fisheries Conservation and Management Act, as 
amended by the Sustainable Fisheries Act. The EFH provisions of the 
Sustainable Fisheries Act are designed to protect fisheries habitat 
from being lost due to disturbance and degradation. The act requires 
implementation of measures to conserve and enhance EFH. The Monterey 
Bay is classified as an EFH for 118 species of commercially important 
fish, 30 of which have potential to occur within the project area. Some 
of these species are likely prey to pinnipeds. In addition to EFH 
designations, portions of the Monterey Bay are designated as a Habitat 
Area of Particular Concern (HAPC) for various fish species within the 
Pacific Groundfish, Pacific Coast Salmon, Highly Migratory Species, and 
Coastal Pelagic Fisheries management plans. A concurrence letter was 
issued by NMFS (2013) (and still applies) concluding that the proposed 
action would adversely affect EFH for various federally managed fish 
species, including a temporary increase in suspended sediments in the 
water column from pile driving and removal, conversion of soft bottom 
habitat to artificial substrate, and an increase in underwater sound 
levels in the water column associated with pile driving. However, the 
project includes measures to avoid, minimize, or otherwise offset 
adverse effects, such that NMFS has no further EFH conservation 
recommendations to provide (NOAA 2013).
    During construction activity of the proposed USCG Monterey Station 
Project, only a small fraction of the available habitat of the Monterey 
Harbor would be ensonified within Monterey Bay at any given time. 
Disturbance to fish species would be short-term and fish would be 
expected to return to their pre-disturbance behavior once the pile 
driving activity ceases (refer to the USCG's SEA). The impacts to 
marine mammals and the food sources that they utilize are not expected 
to cause significant or long-term consequences for individual marine 
mammals or their populations. For all the discussed above reasons, any 
adverse effects to marine mammal habitat in the area from the USCG's 
proposed Monterey Station project would not be significant.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS's consideration of whether the number of takes is ``small'' and 
the negligible impact determination.
    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

[[Page 42992]]

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 would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to noise from pile driving and removal 
activities. Based on the nature of the activity and the anticipated 
effectiveness of the mitigation measures (i.e., shutdown measures--
discussed in detail below in Proposed Mitigation section), Level A 
harassment is neither anticipated nor proposed to be authorized.
    As described previously, no mortality is anticipated or proposed to 
be authorized for this activity. Below we describe how the take is 
estimated.
    Described in the most basic way, 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 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) 
and the number of days of activities. Below, we describe these 
components in more detail and present the proposed take estimate.

Acoustic Thresholds

    Using the best available science, NMFS has developed 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).
    Level B Harassment for non-explosive sources--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 (e.g., frequency, predictability, 
duty cycle), the environment (e.g., bathymetry), and the receiving 
animals (hearing, motivation, experience, demography, behavioral 
context) and can be difficult to predict (Southall et al. 2007, Ellison 
et al. 2011). Based on what the available science indicates and the 
practical need to use a threshold based on a factor that is both 
predictable and measurable for most activities, NMFS uses a generalized 
acoustic threshold based on received level to estimate the onset of 
behavioral harassment. NMFS predicts that marine mammals are likely to 
be behaviorally harassed in a manner we consider Level B harassment 
when exposed to underwater anthropogenic noise above received levels of 
120 dB re 1 [mu]Pa (rms) for continuous (e.g., vibratory pile-driving, 
drilling) sources and above 160 dB re 1 [mu]Pa (rms) for non-explosive 
impulsive (e.g., seismic airguns) or intermittent (e.g., scientific 
sonar) sources. USCG's proposed activity includes the use of continuous 
(vibratory pile driving and removal) and impulsive (impact pile 
driving) sources, and therefore the 120 and 160 dB re 1 [mu]Pa (rms) 
are applicable.
    Level A harassment for non-explosive sources--NMFS's Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (NMFS, 2016a) identifies dual criteria to assess 
auditory injury (Level A harassment) to five different marine mammal 
groups (based on hearing sensitivity) as a result of exposure to noise 
from two different types of sources (impulsive or non-impulsive). 
USCG's proposed activity includes the use of non-impulsive (vibratory 
pile driving and removal) and impulsive (impact pile driving) sources.
    These thresholds were developed by compiling and synthesizing the 
best available science and soliciting input multiple times from both 
the public and peer reviewers to inform the final product, and are 
provided in Table 2 below. The references, analysis, and methodology 
used in the development of the thresholds are described in NMFS 2016 
Technical Guidance, which may be accessed at: www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

 Table 2--Thresholds Identifying the Onset of Permanent Threshold Shift
------------------------------------------------------------------------
                                          PTS onset thresholds
        Hearing group         ------------------------------------------
                                   Impulsive          Non-impulsive
------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans.  Lpk,flat: 219     LE,LF,24h: 199 dB.
                                dB; LE,LF,24h:
                                183 dB.
Mid-Frequency (MF) Cetaceans.  Lpk,flat: 230     LE,MF,24h: 198 dB.
                                dB; LE,MF,24h:
                                185 dB.
High-Frequency (HF) Cetaceans  Lpk,flat: 202     LE,HF,24h: 173 dB.
                                dB; LE,HF,24h:
                                155 dB.
Phocid Pinnipeds (PW)          Lpk,flat: 218     LE,PW,24h: 201 dB.
 (Underwater).                  dB; LE,PW,24h:
                                185 dB.
Otariid Pinnipeds (OW)         Lpk,flat: 232     LE,OW,24h: 219 dB.
 (Underwater).                  dB; LE,OW,24h:
                                203 dB.
------------------------------------------------------------------------
* Dual metric acoustic 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
  should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and
  cumulative sound exposure level (LE) has a reference value of
  1[mu]Pa2s. In this Table, thresholds are abbreviated to reflect
  American National Standards Institute standards (ANSI 2013). However,
  peak sound pressure is defined by ANSI as incorporating frequency
  weighting, which is not the intent for this Technical Guidance. Hence,
  the subscript ``flat'' is being included to indicate peak sound
  pressure should be flat weighted or unweighted within the generalized
  hearing range. 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
  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 acoustic thresholds will be
  exceeded.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds.
    Background noise is the sound level that would exist without the 
proposed activity (pile driving and removal, in this case), while 
ambient sound levels are those without human activity (NOAA 2009). 
Natural actions that contribute to ambient noise include waves, wind, 
rainfall, current fluctuations, chemical composition, and biological 
sound sources (e.g., marine mammals, fish, and shrimp, Carr et al. 
2006). Background noise levels will be compared to the NOAA/NMFS 
threshold levels designed to protect marine mammals to determine the 
Level B Harassment Zones for noise sources. The background noise at 
Monterey Harbor is relatively high due to boat traffic, foot traffic, 
and noise from the USCG Monterey Station.

[[Page 42993]]

    Pile installation would be adjacent to a rock jetty that would 
provide substantial underwater shielding of sound transmission to areas 
north (or through the jetty) (see Figure 1-2 of the Application).
    To more accurately estimate the extent of underwater noise, the 
software package SoundPlan was used to simulate the effect of the 
Monterey Breakwater in reducing underwater sound transmission from the 
proposed project (Illingworth and Rodkin, Inc. 2012). A conservative 
source level of 168 dB rms at 33 feet (ft) (10 meters (m)) level was 
used to characterize the sound that would be produced from vibratory 
pile installation (from data produced by the Navy for their Test Pile 
Program in Bangor, Washington and then also compared to CALTRANS data 
(see Appendix A of the application)). For the Navy's Test Pile Program, 
there was a considerable range in the rms levels measured across 
vibratory pile driving event, where the highest average rms level was 
169 dB rms at 33 ft (10 m) for 36-inch piles. In comparison, the range 
of vibratory sound levels at 33 ft or 10 m reported by CALTRANS is 155 
dB rms for 12-in diameter piles to 175 dB rms for 36-in piles (based on 
maximum 1-second rms levels). All of these piles were driven in 
relatively shallow water similar to Monterey Harbor. Because the USCG 
proposes to use 14-in steel piles, and to be conservative, the USCG 
input into Sound Plan an rms level greater than those for 12-in piles 
from CATLRANS data and closer to the rms level for 36-in piles from the 
CALTRANS and the Navy's Test Pile Program data.
    Table 3 shows the results of the modeled underwater noise analysis 
for vibratory pile driving where 120 dB RMS (Level B threshold) levels 
would end, and Figure 5-1 from the application shows the pattern of 
sound expected from vibratory pile extraction and pile installation, 
taking into account shielding from the Monterey Breakwater. From these 
data, a Level B zone of influence (ZOI) was calculated at approximately 
7.3 square kilometers (km\2\). The modeled distances shown in the table 
below are likely an overestimate of the extent of underwater noise, 
because practical spreading loss (15 log10) sound propagation were 
assumed, and the Monterey Breakwater would likely reduce noise 
considerably faster than assumed. Per the sound assessment completed 
for the project (included in Appendix A of the application) the 
following assumptions and parameters were used for the analysis: For 
vibratory pile installation, it is estimated that it would take 
approximately 20 minutes (1200 seconds) to vibrate in each pile.

 Table 3--Modeled Extent of Level B Zones From Vibratory Pile Extraction
                               and Driving
------------------------------------------------------------------------
        Modeling scenario          Level B Zone (Distance to 120 dB rms)
------------------------------------------------------------------------
Modeled north....................  2,000 m.
Modeled northeast shoreline......  2,400 m.
Modeled east to shoreline........  1,800 m.
Modeled south to shoreline.......  550 m.
Area of Influence................  7.3 km\2\.
------------------------------------------------------------------------
Notes: dB = decibel, RMS = root mean square.

    The extent of underwater noise from impact pile driving was also 
predicted using the SoundPlan software package as described above for 
vibratory pile driving. Per the sound assessment completed for the 
project and included in Appendix A the following assumptions and 
parameters were used for the analysis: The assumption that a hammer is 
used that moves the pile at about 30 to 40 blows per minute, up to 20 
minutes of impact pile driving would be required for each pile. 
Measurements conducted for the USCG Tongue Point Pier Repairs in the 
Columbia River were found to be most representative for this project. 
The Tongue Point Pier included installation of 24-in steel pipe piles. 
Average sound levels measured at Tongue Point include peak pressures of 
189 to 207 dB, rms sound pressure levels of 178 to 189 dB, and SEL 
levels of 160 to 175 dB per strike at 33 ft (10 m). Due to the 
difference in pile sizes, use of the Tongue Point data would likely 
overestimate sound levels expected at the proposed USCG Station 
Monterey project. Based on the Tongue Point sound measurements, 
unattenuated near-source impact pile driving levels of 208 dB peak, 195 
rms and 174 dB SEL were applied to this project. Table 4 shows the 
extent of noise levels for NMFS' acoustic criteria, assuming the use of 
noise attenuation (bubble curtain). Figure 5-3 of the application shows 
the extent of attenuated noise levels for impact pile driving out to 
the NMFS behavioral criterion of 160 dB rms. The area encompassed by 
the 160 dB criterion is approximately 0.27 km\2\.

    Table 4--Modeled Extent of Level B Zones From Impact Pile Driving
------------------------------------------------------------------------
                                     Distance to marine mammal criteria
         Modeling scenario             rms (dB re: 1[micro]Pa) 160 dB
                                             (Level B Threshold)
------------------------------------------------------------------------
Modeled attenuated noise            76 m.
 transmission north and northeast
 (through breakwater).
Modeled attenuated noise            465 m.
 transmission in all other
 directions.
Area of Influence.................  0.27 km\2\.
------------------------------------------------------------------------
Notes: Assumes 10 dB of underwater noise attenuation by using a bubble
  curtain during pile driving Distances and method of calculation are
  presented in Appendix A of the application.
dB = decibel.
rms = root mean square (dB re: 1[micro]Pa).


[[Page 42994]]

    The incidental take requested is Level B harassment of any marine 
mammal occurring within the 160 dB rms disturbance threshold during 
impact pile driving of 14-in steel pipe piles; the 120 dB rms 
disturbance threshold for vibratory pile driving of 14-in steel pipe 
piles; and the 120 dB rms disturbance threshold for vibratory removal 
of 16-in to 18-in timber piles. Level B harassment zones have been 
established as described in Tables 3 and 4 that will be in place during 
active pile removal or installation.
    When NMFS Technical Guidance (NMFS 2016) was published, in 
recognition of the fact that ensonified area/volume could be more 
technically challenging to predict because of the duration component in 
the new thresholds, we developed a User Spreadsheet that includes tools 
to help predict a simple isopleth that can be used in conjunction with 
marine mammal density or occurrence to help predict takes. We note that 
because of some of the assumptions included in the methods used for 
these tools, we anticipate that isopleths produced are typically going 
to be overestimates of some degree, which will result in some degree of 
overestimate of Level A take. However, these tools offer the best way 
to predict appropriate isopleths when more sophisticated 3D modeling 
methods are not available, and NMFS continues to develop ways to 
quantitatively refine these tools, and will qualitatively address the 
output where appropriate. For stationary sources such as vibratory and 
impact pile driving, NMFS's User Spreadsheet predicts the closest 
distance at which, if a marine mammal remained at that distance the 
whole duration of the activity, it would not incur PTS. Inputs used in 
the User Spreadsheet, and the resulting isopleths are reported below 
(Tables 5 and 6).
    The PTS isopleths were identified for each hearing group for impact 
and vibratory installation and removal methods that will be used in the 
proposed Monterey Station Project. The PTS isopleth distances were 
calculated using the NMFS acoustic threshold calculator (NMFS 2016), 
with inputs based on measured and surrogate noise measurements. Data 
from the U.S Navy for their Test Pile Program at Bangor, Washington 
with a source level of 168 dB rms (at 10 m) was used to characterize 
the sound that would be produced from vibratory pile driving and 
removal. For impact pile driving, referenced data provided for similar 
piles and substrate identified in the California Department of 
Transportation Compendium of Pile Driving Sound Data Report (Caltrans 
2007) with a source level (in SEL) of 174 dB at a distance of 10 m with 
an average of 30 strikes per pile.

            Table 5--NMFS Technical Acoustic Guidance User Spreadsheet Input To Predict PTS Isopleths
----------------------------------------------------------------------------------------------------------------
                                             User spreadsheet input
-----------------------------------------------------------------------------------------------------------------
                                                            Sound source 1                 Sound source 2
                                                   -------------------------------------------------------------
               Spreadsheet tab used                   (A) Vibratory pile driving     (E.1) Impact pile driving
                                                      (removal and installation)           (installation)
----------------------------------------------------------------------------------------------------------------
Source Level (rms SPL)............................                         168 dB
Source Level (Single Strike/shot SEL).............  .............................                         174 dB
Weighting Factor Adjustment (kHz).................                            2.5                              2
(a) Number of strikes in 1 h......................  .............................                             30
(a) Activity Duration (h) within 24-h period......                              4                              5
Propagation (xLogR)...............................                             15                             15
Distance of source level measurement (meters) \+\.                             10                             14
----------------------------------------------------------------------------------------------------------------


            Table 6--NMFS Technical Acoustic Guidance User Spreadsheet Output for Predicted PTS Isopleths and Level A Daily Ensonified Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 User spreadsheet output
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Low-frequency    Mid-frequency    High-frequency       Phocid          Otariid
                         Sound source type                              cetaceans        cetaceans        cetaceans        pinnipeds        pinnipeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  PTS Isopleth (meters)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory (removal and installation)...............................             50.4              4.5             74.5             30.6              2.2
Impact (installation)..............................................             70.8              2.5             84.4             37.9              2.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Daily Ensonified Area (km\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory (pile removal and installation)..........................          0.00798          0.00006          0.01744          0.00294          0.00002
Impact (installation)..............................................          0.01575          0.00002          0.02238          0.00451          0.00002
--------------------------------------------------------------------------------------------------------------------------------------------------------

Marine Mammal Occurrence and Take Calculation and Estimation

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculation and we describe how the marine mammal occurrence 
information is brought together to produce a quantitative take 
estimate.
    Take estimates are based on the number of animals per unit area in 
the project area multiplied by the area size of ensonified zones within 
which received noise levels exceed certain thresholds (i.e., Level B 
harassment) from specific activities, then multiplied by the total 
number of days such activities would occur. Local abundance data are 
used for take calculations for the proposed authorized take where 
density is not available or applicable to the project area.
    Unless otherwise described, incidental take is estimated by the 
following equation:

Incidental take estimate = species density * zone of influence (7.3

[[Page 42995]]

km\2\) * days of pile-related activity (8 days)
Harbor Seals
    Pacific harbor seals are much less abundant in the project area 
than California sea lions, and only two annual surveys conducted since 
1998 identified any individuals. The 2004 annual pinniped survey 
conducted by NMFS counted 28 Pacific harbor seals in Monterey Harbor in 
2004, and 1 in 2005 (Lowry 2012). Pacific harbor seals hauled-out along 
Cannery Row, north of the Monterey Breakwater, ranged from 1 to 24 in 
2002, 2004, and 2009. During repairs on the Pier in 2009, Pacific 
harbor seals were occasionally observed in the nearby waters, but were 
never observed to haul-out on the breakwater (Harvey and Hoover 2009). 
The density for harbor seals was determined by drawing a 5 km radius in 
ArcGIS with the jetty haul-out site at the center. The area within this 
circle was calculated, excluding the land, resulting in a 29 km\2\ 
foraging area. The calculation for take of Harbor seals estimate 
assumes 28 individuals (the most observed during any single survey) to 
be in the water at any given time within 5 km of the breakwater (area 
29 km\2\); therefore, the calculated density is 0.97 seals/km\2\. The 
estimated Level B take is 0.97 seals multiplied by 7.3 km\2\ and 8 days 
of activity for a total of 57 harbor seals (see Table 7). Since the 
calculated Level A zones of phocids are small and mitigation is in 
place to avoid Level A take (Table 6), we do not consider it likely 
that any harbor seals would be taken by Level A harassment.
California Sea Lions
    The calculation for Level B take of California sea lions in the 
water assumes an average density of 8.62 individuals/km\2\. This 
density was determined by drawing a 5 km radius in ArcGIS with the 
jetty haul-out site at the center. The area within this circle was 
calculated, excluding the land, resulting in a 29 km\2\ foraging area. 
An average of 250 sea lions were assumed in the water at any given 
time. Therefore, 250 sea lions divided by 29 km\2\ equals 8.62 sea 
lions/km\2\. Estimated take is then calculated using 8.62 sea lions 
multiplied by 7.3 km\2\ and 8 days of activity for a total of 504 
California sea lions (see Table 7). For the additional California sea 
lions that are present on the breakwater (which we would also expect to 
enter the water during the project): The overall average number of sea 
lions for all of the surveys of the Monterey Breakwater combined was 
250 individuals. Therefore, 250 animals was multiplied by 8 days of 
activity for a total of 2,000 California sea lions (see Table 7). Since 
the calculated Level A zones of otariids are all very small and 
mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any sea lions would be taken by Level A 
harassment.
Killer Whale
    Due to the low frequency and unpredictability of killer whales 
entering the project area, the application of a density equation is not 
reasonable for predicting take. When killer whales enter Monterey Bay, 
they typically are in groups of 3 to 8 at a time (Guzman 2016). To be 
conservative, the proposed take estimate for Level B harassment is 
based on a larger group of eight animals that may enter the area (Table 
7). Since the Level A zones of mid-frequency cetaceans are small and 
mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any killer whales would be taken by Level A 
harassment.
Bottlenose Dolphin
    Abundance and densities of cetaceans in the California Current 
ecosystem were conducted from 1991 to 2005 (Barlow, Forney 2007). The 
results of the surveys indicate that bottlenose dolphin population 
density throughout the entire west coast shoreline is 1.78 individuals/
100 km\2\. During the same survey, the mean group size for bottlenose 
dolphins observed in Central California was four individuals. Other, 
more recent data suggest that densities may be up to 0.04/km\2\ (Weller 
2016). Even when using the higher density, estimated take results in 
very low numbers (<1 over the entire period of construction). Rather 
than using density calculations to estimate take, to be conservative, 
the proposed Level B take is a small pod of 10 bottlenose dolphins 
(Table 7). Since the Level A zones of mid-frequency cetaceans are small 
and mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any bottlenose dolphins would be taken by Level 
A harassment.
Risso's Dolphin
    Because there is not reliable local data for Monterey Bay, the 
proposed Level B take estimate for Risso's dolphins is a single 
occurrence of a small pod of 10 animals (see Table 7) as groups of 
Risso's dolphins average between 10-30 animals. Since the Level A zones 
of mid-frequency cetaceans are small and mitigation is in place to 
avoid Level A take (Table 6), we do not consider it likely that any 
Risso's dolphin would be taken by Level A harassment.
Harbor Porpoise
    An estimate of the density of harbor porpoise in the southern 
portion of Monterey Bay nearshore is approximately 2.321 per km\2\ 
(Forney et al. 2014). Therefore, the estimated take for Level B 
harassment is 2.231 porpoise multiplied by 7.3 km\2\ and 8 days of 
activity for a total of 136 harbor porpoise (see Table 7). Since the 
calculated Level A zones of high frequency cetaceans are small and 
mitigation is in place to avoid Level A take (Table 6), we do not 
consider it likely that any harbor porpoise would be taken by Level A 
harassment.
Humpback Whale
    Humpback whales are typically found further offshore than gray 
whales and occurrence is rare; however, since 2014 greater numbers of 
humpback whales have been observed in and near Monterey Bay by whale-
watching vessels. Because USCG will shutdown for all observed humpbacks 
(in Level A and B zones), no takes of humpback whales are proposed.
Gray Whale
    The occurrence of gray whales is extremely rare near shore in the 
project area. If gray whales would approach the project area they would 
be more likely to occur during the spring migration north, when they 
tend to stay closer to shore than during the winter southern migration. 
The NOAA National Center for Coastal Ocean Science (NCCOS) reported 
densities of gray whales at 0.1 to 0.5 per km\2\ (NCCOS 2007); however, 
it is unclear how applicable these data are for the very near-shore 
environment of the project area. Therefore, instead of using density, 
the proposed Level B take of four gray whales is proposed for the 
project. Since the Level A zones of low-frequency cetaceans are small 
and mitigation is in place to avoid Level A take (see Table 6) we do 
not consider it likely that any gray whales would be taken by Level A 
harassment during removal or impact installation.

[[Page 42996]]



                 Table 7--Summary of Requested Incidental Take by Level A and Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                                                            Proposed
             Species                 Stock size     Proposed authorized    authorized        % of Population
                                                       Level B take        total take
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal (Phoca                 30,968  57..................              57  Less than 1.
 vitulina).
California sea lion (Zalophus             296,750  504 (Animals already           2,504  Less than 1.
 californianus).                                    in the water).
California sea lion (Zalophus             296,750  2,000 (Animals that
 californianus).                                    enter the water
                                                    from the
                                                    breakwater).
Transient killer whale (Orcinus               240  8...................               8  3.33.
 orca).
Bottlenose dolphin (Tursiops                  453  10 (single                        10  4.19.
 truncatus).                                        occurrence of a
                                                    small pod).
Risso's dolphin (Grampus griseus)           6,336  10 (single                        10  Less than 1.
                                                    occurrence of a
                                                    small pod).
Harbor porpoise (Phocoena                   3,715  136.................             136  3.66.
 phocoena).
Humpback whale (Megaptera                   1,918  0*..................               0  0.
 novaengliae).
Gray whale (Eschrichtius                   20,990  4...................               4  Less than 1.
 robustus).
----------------------------------------------------------------------------------------------------------------
* USCG will implement shutdown measures for any humpback observed; therefore, the take is considered to be zero.

Proposed 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 such 
activity, ``and other means of effecting the least practicable 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 (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 such 
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, we 
carefully consider 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, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    Several measures are proposed for mitigating effects on marine 
mammals from the pile installation and removal activities at for the 
USCG Monterey Station and are described below.

Timing Restrictions

    All work would be conducted during daylight hours.

Noise Attenuation

    A bubble curtain and cushion pads will be used during pile driving 
activities with an impact hammer to reduce sound levels. In addition, 
the USCG has proposed performing ``pre-drilling.'' Pre-drilling would 
be performed and would be discontinued when the pile tip is 
approximately five feet (ft) above the required pile tip elevation. 
Pre-drilling is a method that starts the ``hole'' for the new pile; the 
pile is inserted after the hole has been pre-drilled which creates less 
friction and overall noise and turbidity during installation.

Exclusion Zones

    Exclusion Zones calculated from the PTS isopleths will be 
implemented to protect marine mammals from Level A harassment (refer to 
Table 6). If a marine mammal is observed at or within the Exclusion 
Zone, work will shut down (stop work) until the individual has been 
observed outside of the zone, or has not been observed for at least 15 
minutes for pinnipeds and small cetaceans and 30 minutes for large 
whales.

Additional Shutdown Measures

    If a humpback whale is observed within the Level A or Level B 
zones, the USCG will implement shutdown measures. Work would not 
commence until 30-minutes after the last sighting of a humpback within 
these zones.
    During impact pile driving because the Level B Zone is smaller (76 
m) compared to the Level A Zone (84.4 m) for high frequency cetaceans 
for noise transmission north and northeast (through breakwater), the 
USCG will consider both the Level A and B zones to be at 84.4 m and 
will implement shutdown measures.
    USCG will implement shutdown measures if the number of authorized 
takes for any particular species reaches the limit under the IHA and if 
such marine mammals are sighted within the vicinity of the project area 
and are approaching the Level B harassment zone during in-water 
construction activities.
    If a marine mammal species under NMFS' jurisdiction is observed 
within the Level A or B zones that has not been authorized for take, 
the USCG will implement shutdown measures.

Level B Harassment Zones

    USCG will monitor the Level B harassment ZOIs as described in 
Tables 3 and 4.

Soft-Start for Impact Pile Driving

    For impact pile installation, contractors will provide an initial 
set of three strikes from the impact hammer at 40 percent energy, 
followed by a one-minute waiting period, then two subsequent three-
strike sets. Each day, USCG will use the soft-start technique at the 
beginning of impact pile driving, or if impact pile driving has ceased 
for more than 30 minutes.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed 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,

[[Page 42997]]

mating grounds, and areas of similar significance.

Proposed 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 in the 
proposed action area. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
    <bullet> Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density).
    <bullet> Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas).
    <bullet> Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors.
    <bullet> How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks.
    <bullet> Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat).
    <bullet> Mitigation and monitoring effectiveness.
    Marine mammal monitoring will be conducted in strategic locations 
around the area of potential effects at all times during in-water pile 
driving and removal as described below:
    <bullet> During pile removal or installation the observer will 
monitor from the most practicable vantage point possible (i.e., the 
pier itself, the breakwater, adjacent boat docks in the harbor, or a 
boat) to determine whether marine mammals enter the exclusion zone and 
to record take when marine mammals enter the relevant Level B 
Harassment Zones based on type of construction activity.
    <bullet> If a marine mammal approaches an Exclusion Zone, the 
observation will be reported to the Construction Manager and the 
individual will be watched closely. If the marine mammal crosses into 
an Exclusion Zone, a stop-work order will be issued. In the event that 
a stop-work order is triggered, the observed marine mammal(s) will be 
closely monitored while it remains in or near the Exclusion Zone, and 
only when it moves well outside of the Exclusion Zone or has not been 
observed for at least 15 minutes for pinnipeds and 30 minutes for 
whales will the lead monitor allow work to recommence.

Protected Species Observers

    USCG shall employ NMFS-approved protected species observers (PSOs) 
to conduct marine mammal monitoring for its Monterey Station Project. 
The PSOs will observe and collect data on marine mammals in and around 
the project area for 30 minutes before, during, and for 30 minutes 
after all pile removal and pile installation work. NMFS-approved PSOs 
shall meet the following requirements:
    1. Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance. Use of binoculars 
may be necessary to correctly identify the target.
    2. Advanced education in biological science, wildlife management, 
mammalogy or related fields (Bachelors degree or higher is preferred), 
but not required.
    3. Experience or training in the field identification of marine 
mammals (cetaceans and pinnipeds).
    4. Sufficient training, orientation or experience with the 
construction operation to provide for personal safety during 
observations.
    5. Ability to communicate orally, by radio or in person, with 
project personnel to provide real time information on marine mammals 
observed in the area as necessary.
    6. Experience and ability to conduct field observations and collect 
data according to assigned protocols (this may include academic 
experience).
    7. Writing skills sufficient to prepare a report of observations 
that would include such information as the number and type of marine 
mammals observed; the behavior of marine mammals in the project area 
during construction, dates and times when observations were conducted; 
dates and times when in-water construction activities were conducted; 
and dates and times when marine mammals were present at or within the 
defined ZOI.
    8. If a team of three or more observers are required, one observer 
should be designated as lead observer or monitoring coordinator. The 
lead observer must have prior experience working as an observer.
    9. NMFS will require submission and approval of observer CVs.
    10. PSOs will monitor marine mammals around the construction site 
using high-quality binoculars (e.g., Zeiss, 10 x 42 power) and/or 
spotting scopes.
    11. If marine mammals are observed, the following information will 
be documented:
    (A) Date and time that monitored activity begins or ends;
    (B) Construction activities occurring during each observation 
period;
    (C) Weather parameters (e.g., percent cover, visibility);
    (D) Water conditions (e.g., sea state, tide state);
    (E) Species, numbers, and, if possible, sex and age class of marine 
mammals;
    (F) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile 
driving activity;
    (G) Distance from pile driving activities to marine mammals and 
distance from the marine mammals to the observation point;
    (H) Locations of all marine mammal observations; and
    (I) Other human activity in the area.

Proposed Reporting Measures

Marine Mammal Monitoring Report
    USCG would be required to submit a draft marine mammal monitoring 
report within 90 days after completion of the in-water construction 
work or the expiration of the IHA (if issued), whichever comes earlier. 
The report would include data from marine mammal sightings as 
described: Date, time, location, species, group size, and behavior, any 
observed reactions to construction, distance to operating pile hammer, 
and construction activities occurring at time of sighting and 
environmental data for the period (i.e., wind speed and direction, sea 
state, tidal state, cloud cover, and visibility). The marine mammal 
monitoring report will also include total takes, takes by

[[Page 42998]]

day, and stop-work orders for each species. NMFS would have an 
opportunity to provide comments on the report, and if NMFS has 
comments, USCG would address the comments and submit a final report to 
NMFS within 30 days.
    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, USCG would immediately cease the specified activities and 
immediately report the incident to the Permits and Conservation 
Division, Office of Protected Resources, NMFS and the NMFS' West Coast 
Stranding Coordinator. The report must include the following 
information:
    <bullet> Time, date, and location (latitude/longitude) of the 
incident;
    <bullet> Description of the incident;
    <bullet> Status of all sound source use in the 24 hrs preceding the 
incident;
    <bullet> Water depth;
    <bullet> Environmental conditions (e.g., wind speed and direction, 
sea state, cloud cover, and visibility);
    <bullet> Description of all marine mammal observations in the 24 
hrs preceding the incident;
    <bullet> Species identification or description of the animal(s) 
involved;
    <bullet> Fate of the animal(s); and
    <bullet> Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS would work with USCG to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. USCG may not resume their 
activities until notified by NMFS via letter, email, or telephone.
Reporting of Injured or Dead Marine Mammals
    In the event that the USCG 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), 
USCG would immediately report the incident to the Permits and 
Conservation Division, Office of Protected Resources, NMFS and the 
NMFS' West Coast Stranding Coordinator. The report must include the 
same information identified in the paragraph above. Activities may 
continue while NMFS reviews the circumstances of the incident. NMFS 
would work with USCG to determine whether modifications in the 
activities are appropriate.
    In the event that USCG 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), USCG would report the incident to 
the Permits and Conservation Division, Office of Protected Resources, 
NMFS and the NMFS Stranding Hotline and/or by email to the NMFS' West 
Coast Stranding Coordinator within 24 hrs of the discovery. USCG would 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS. Activities may 
continue while NMFS reviews the circumstances of the incident.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as ``an impact resulting from 
the specified activity that cannot be reasonably expected to, and is 
not reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival'' (50 CFR 216.103). 
A negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), 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's 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 environmental 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).
    No serious injury or mortality is anticipated or proposed to be 
authorized for the Monterey Station Project. Takes that are anticipated 
and proposed to be authorized are expected to be limited to short-term 
Level B harassment (behavioral) only. Marine mammals present in the 
vicinity of the action area and taken by Level B harassment would most 
likely show overt brief disturbance (startle reaction) and avoidance of 
the area from elevated noise levels during pile driving and pile 
removal and the implosion noise.
    There is one endangered species that may occur in the project area, 
humpback whales. However, if any humpbacks are detected within the 
Level B harassment zone of the project area, the USCG will shut down.
    The Monterey Breakwater is a haulout location for approximately 250 
California sea lions. There no other know critical habitat areas, 
haulouts or import feeding areas in close proximately to the project 
area.
    The project also is not expected to have significant adverse 
effects on affected marine mammals' habitat, as analyzed in detail in 
the ``Potential Effects of Specified Activities on Marine Mammals and 
their Habitat'' section. Project activities would not permanently 
modify existing marine mammal habitat. The activities may kill some 
fish and cause other fish to leave the area temporarily, thus impacting 
marine mammals' foraging opportunities in a limited portion of the 
foraging range; but, because of the short duration of the activities 
and the relatively small area of the habitat that may be affected, the 
impacts to marine mammal habitat are not expected to cause significant 
or long-term negative consequences. Therefore, given the consideration 
of potential impacts to marine mammal prey species and their physical 
environment, USCG's proposed Monterey Station would not adversely 
affect marine mammal habitat.
    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect the species or stock 
through effects on annual rates of recruitment or survival:
    <bullet> No serious injury or mortality is anticipated or 
authorized.
    <bullet> Takes that are anticipated and proposed to be authorized 
are expected to be limited to short-term Level B harassment 
(behavioral).
    <bullet> The project also is not expected to have significant 
adverse effects on affected marine mammals' habitat.
    <bullet> There are no known important feeding or pupping areas. 
There is one haulout (the breakwater) within the project area. There 
are no other known

[[Page 42999]]

important areas for marine mammals with the footprint of the project 
area.
    <bullet> For five out of eight species, take is less than one 
percent of the stock abundance. Instances of take for the other three 
species (killer whale, bottlenose dolphin, and harbor porpoise) range 
from 3-4 percent of the stock abundance.
    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 proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the proposed 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 section 101(a)(5)(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. Additionally, other factors may be 
considered in the analysis, such as the temporal or spatial scale of 
the activities.
    For five out of eight species, take is less than one percent of the 
stock abundance. Instances of take for the other three species (killer 
whale, bottlenose dolphin, and harbor porpoise) range from 3-4 percent 
of the stock abundance. Based on the analysis contained herein of the 
proposed activity (including the proposed mitigation and monitoring 
measures) and the anticipated take of marine mammals, NMFS 
preliminarily finds that small numbers of marine mammals will be taken 
relative to the population sizes 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 would 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

    Section 7(a)(2) of the ESA of 1973 (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, in this case with the West Coast Regional Office, whenever 
we propose to authorize take for endangered or threatened species.
    NMFS is proposing to not authorize take of humpback whales, which 
are listed under the ESA, as the applicant will implement shutdown 
measures whenever humpbacks are observed (Level A or B). Therefore, 
consultation under section 7 of the ESA is not required.
    The Permit and Conservation Division has requested initiation of 
section 7 consultation with the West Coast Regional Office for the 
issuance of this IHA. NMFS will conclude the ESA consultation prior to 
reaching a determination regarding the proposed issuance of the 
authorization.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to the U.S. Coast Guard (USCG) for conducting pile driving 
and removal activities at the USCG Monterey Station, Monterey, 
California from October 2017 to October 2018, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated. This section contains a draft of the IHA itself. The 
wording contained in this section is proposed for inclusion in the IHA 
(if issued).
    The proposed IHA language is provided next.
    1. This Authorization is valid from October 16, 2017, through 
October 15, 2018.
    2. This Authorization is valid only for activities associated with 
in-water construction work at the USCG Monterey Station Project, 
Monterey, California.
    3. General Condition.
    (a) The species authorized for taking, by Level B harassment only, 
and in the numbers shown in Table 7 are: California sea lion (Zalophus 
californianus), Pacific harbor seal (Phoca vitulina), harbor porpoise 
(Phocoena phocoena), Risso's dolphin (Grampus griseus), bottlenose 
dolphin (Tursiops truncates), killer whale (Orcinus orca), and gray 
whale (Eschrichtius robustus).
    (b) The authorization for taking by harassment is limited to the 
following acoustic sources and from the following activities:
    [ssquf] Impact pile driving;
    [ssquf] Vibratory pile driving; and
    [ssquf] Vibratory pile removal
    4. Prohibitions.
    (a) The taking, by incidental harassment only, is limited to the 
species listed under condition 3(a) above and by the numbers listed in 
Table 7 of this notice. The taking by serious injury or death of these 
species or the taking by harassment, injury or death of any other 
species of marine mammal is prohibited unless separately authorized or 
exempted under the MMPA and may result in the modification, suspension, 
or revocation of this Authorization.
    (b) The taking of any marine mammal is prohibited whenever the 
required protected species observers (PSOs), required by condition 
6(b), are not present in conformance with condition 6(b) of this 
Authorization.
    5. Mitigation.
    (a) Time Restriction.
    In-water construction work shall occur only during daylight hours.
    (b) Noise Attenuation.
    A bubble curtain and cushion pads shall be used during pile driving 
activities with an impact hammer to reduce sound levels. In addition, 
the USCG has proposed performing ``pre-drilling.'' Pre-drilling shall 
be performed and would be discontinued when the pile tip is 
approximately five ft above the required pile tip elevation. Pre-
drilling is a method that starts the ``hole'' for the new pile; the 
pile is inserted after the hole has been pre-drilled which creates less 
friction and overall noise and turbidity during installation.
    (c) Level B Harassment Zones.
    USCG shall monitor the Level B harassment ZOIs as described in 
Table 3 and 4 of this notice.
    (d) Exclusion Zones.
    USCG shall shut down (stop work) in the Exclusion Zones using the 
PTS isopleths as described in Table 6 of this notice to protect marine 
mammals from Level A harassment.
    (i) USCG shall implement a minimum shutdown zone of 10 m radius 
around each pile for all construction methods other than pile driving 
for all marine mammals.
    (ii) If a marine mammal is observed at or within the Exclusion 
Zone, work shall stop until the individual has been observed outside of 
the zone, or has not been observed for at least 15 minutes for 
pinnipeds and small cetaceans and 30 minutes for large whales.

[[Page 43000]]

    (e) Additional Shutdown Measures.
    (i) If a humpback whale is observed within the Level A or Level B 
zones, the USCG shall implement shutdown measures. Work would not 
commence until 30-minutes after the last sighting of a humpback within 
these zones.
    (ii) USCG shall implement shutdown measures if the number of 
authorized takes for any particular species reaches the limit under the 
IHA and if such marine mammals are sighted within the vicinity of the 
project area and are approaching the Level B harassment zone during in-
water construction activities.
    (iii) During impact pile driving because the Level B Zone is 
smaller (76 m) compared to the Level A Zone (84.4 m) for high frequency 
cetaceans for noise transmission north and northeast (through 
breakwater), the USCG shall consider both the Level A and B zones to be 
at 84.4 m and will implement shutdown measures.
    (iv) If a species is observed within the Level A or B zones that 
has not been authorized for take, the USCG shall implement shutdown 
measures.
(f) Soft-Start for Impact Pile Driving.
    For impact pile installation, contractors will provide an initial 
set of three strikes from the impact hammer at 40 percent energy, 
followed by a one-minute waiting period, then two subsequent three-
strike sets.
    6. Monitoring.
    (a) Protected Species Observers.
    USCG shall employ NMFS-approved PSOs to conduct marine mammal 
monitoring for its construction project. NMFS-approved PSOs will meet 
the following qualifications.
    (i) Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance. Use of binoculars 
may be necessary to correctly identify the target.
    (ii) Advanced education in biological science, wildlife management, 
mammalogy or related fields (Bachelors degree or higher is preferred), 
but not required.
    (iii) Experience or training in the field identification of marine 
mammals (cetaceans and pinnipeds).
    (iv) Sufficient training, orientation or experience with the 
construction operation to provide for personal safety during 
observations.
    (v) Ability to communicate orally, by radio or in person, with 
project personnel to provide real time information on marine mammals 
observed in the area as necessary.
    (vi) Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience).
    (vii) Writing skills sufficient to prepare a report of observations 
that would include such information as the number and type of marine 
mammals observed; the behavior of marine mammals in the project area 
during construction, dates and times when observations were conducted; 
dates and times when in-water construction activities were conducted; 
and dates and times when marine mammals were present at or within the 
defined ZOI.
    (viii) If a team of three or more observers are required, one 
observer should be designated as lead observer or monitoring 
coordinator. The lead observer must have prior experience working as an 
observer.
    (ix) NMFS shall require submission and approval of observer CVs.
    (b) Monitoring Protocols: PSOs shall be present on site at all 
times during pile removal and driving.
    (i) A 30-minute pre-construction marine mammal monitoring shall be 
required before the first pile driving or pile removal of the day. A 
30-minute post-construction marine mammal monitoring shall be required 
after the last pile driving or pile removal of the day. If the 
constructors take a break between subsequent pile driving or pile 
removal for more than 30 minutes, then additional 30-minute pre-
construction marine mammal monitoring shall be required before the next 
start-up of pile driving or pile removal.
    (ii) During pile removal or installation, the monitors shall be 
positioned such that each monitor has a most practicable vantage point 
possible (i.e., the pier itself, the breakwater, adjacent boat docks in 
the harbor, or a boat) and distinct view-shed and the monitors 
collectively have overlapping view-sheds.
    (iii) Monitors shall record take when marine mammals enter their 
relevant Level B Harassment Zones based on type of construction 
activity.
    (iv) If a marine mammal approaches an Exclusion Zone, the 
observation shall be reported to the Construction Manager and the 
individual shall be watched closely. If the marine mammal crosses into 
an Exclusion Zone, a stop-work order shall be issued. In the event that 
a stop-work order is triggered, the observed marine mammal(s) shall be 
closely monitored while it remains in or near the Exclusion Zone, and 
only when it moves well outside of the Exclusion Zone or has not been 
observed for at least 15 minutes for pinnipeds and small cetaceans and 
30 minutes for large whales shall the lead monitor allow work to 
recommence.
    (v) PSOs shall monitor marine mammals around the construction site 
using high-quality binoculars (e.g., Zeiss, 10 x 42 power) and/or 
spotting scopes.
    (vi) If marine mammals are observed, the following information 
shall be documented:
    (A) Date and time that monitored activity begins or ends;
    (B) Construction activities occurring during each observation 
period;
    (C) Weather parameters (e.g., percent cover, visibility);
    (D) Water conditions (e.g., sea state, tide state);
    (E) Species, numbers, and, if possible, sex and age class of marine 
mammals;
    (F) Description of any observable marine mammal behavior patterns, 
including bearing and direction of travel and distance from pile 
driving activity;
    (G) Distance from pile driving activities to marine mammals and 
distance from the marine mammals to the observation point;
    (H) Locations of all marine mammal observations; and
    (I) Other human activity in the area.
    (viii) Acoustic Monitoring--USCG shall conduct acoustic monitoring 
and background noise recordings (in the absence of pile-related work) 
following the NMFS's 2012 Guidance Documents: Sound Propagation 
Modeling to Characterize Pile Driving Sounds Relevant to Marine Mammals 
and Data Collection Methods to Characterize Underwater Background Sound 
Relevant to Marine Mammals in Coastal Nearshore Waters and Rivers of 
Washington and Oregon.
    7. Reporting.
    (a) Marine Mammal Monitoring.
    (i) USCG shall submit a draft marine mammal monitoring report 
within 90 days after completion of the in-water construction work or 
the expiration of the IHA (if issued), whichever comes earlier. The 
report shall include data from marine mammal sightings as described: 
date, time, location, species, group size, and behavior, any observed 
reactions to construction, distance to operating pile hammer, and 
construction activities occurring at time of sighting and environmental 
data for the period (i.e., wind speed and direction, sea state, tidal 
state, cloud cover, and visibility). The marine mammal monitoring 
report shall also include total takes, takes by day, and stop-work 
orders for each species.
    (ii) If comments are received from NMFS Office of Protected 
Resources on the draft report, a final report shall be submitted to 
NMFS within 30 days

[[Page 43001]]

thereafter. If no comments are received from NMFS, the draft report 
shall be considered to be the final report.
    (iii) 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, USCG shall immediately cease the specified 
activities and immediately report the incident to the Permits and 
Conservation Division, Office of Protected Resources, NMFS and the 
NMFS' West Coast Stranding Coordinator. The report must include the 
following information:
    <bullet> Time, date, and location (latitude/longitude) of the 
incident;
    <bullet> Name and type of vessel involved;
    <bullet> Vessel's speed during and leading up to the incident;
    <bullet> Description of the incident;
    <bullet> Status of all sound source use in the 24 hrs preceding the 
incident;
    <bullet> Water depth;
    <bullet> Environmental conditions (e.g., wind speed and direction, 
sea state, cloud cover, and visibility);
    <bullet> Description of all marine mammal observations in the 24 
hrs preceding the incident;
    <bullet> Species identification or description of the animal(s) 
involved;
    <bullet> Fate of the animal(s); and
    <bullet> Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with USCG to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. USCG shall not resume their 
activities until notified by NMFS via letter, email, or telephone.
    (b) Reporting of Injured or Dead Marine Mammals.
    (i) In the event that USCG 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), 
USCG shall immediately report the incident to the Permits and 
Conservation Division, Office of Protected Resources, NMFS and the 
NMFS' West Coast Stranding Coordinator. The report must include the 
same information identified in 7(a)(iii). Activities may continue while 
NMFS reviews the circumstances of the incident. NMFS shall work with 
USCG to determine whether modifications in the activities are 
appropriate.
    (ii) In the event that USCG 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), USCG shall report the incident to 
the Permits and Conservation Division, Office of Protected Resources, 
NMFS and the NMFS Stranding Hotline and/or by email to the NMFS' West 
Coast Stranding Coordinator within 24 hrs of the discovery. USCG shall 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS. Activities may 
continue while NMFS reviews the circumstances of the incident.
    (c) Acoustic Monitoring Report--USCG shall submit an Acoustic 
Monitoring Report that will provide details on the monitored piles, 
method of installation, monitoring equipment, and sound levels 
documented during monitoring. NMFS shall review the acoustic monitoring 
report and suggest any changes in monitoring as needed.
    8. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.
    9. A copy of this Authorization must be in the possession of each 
contractor who performs the construction work at the Monterey Station 
Project.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHA for the proposed pile 
driving activities for the USCG Monterey Station Project. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.

    Dated: September 6, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-19352 Filed 9-12-17; 8:45 am]
 BILLING CODE 3510-22-P


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