[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55749-55759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22174]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD444


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to San Francisco Bay Area Water 
Emergency Transportation Authority Central Bay Operations and 
Maintenance Facility Project in Alameda, 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 an application from the San Francisco Bay 
Area Water Emergency Transportation Authority (WETA) for an Incidental 
Harassment Authorization (IHA) to take marine mammals, by harassment, 
incidental to a proposed Central Bay Operations and Maintenance 
Facility Project. Pursuant to the Marine Mammal Protection Act (MMPA), 
NMFS is requesting comments on its proposal to issue an IHA to WETA to 
incidentally take, by Level B Harassment only, marine mammals during 
the specified activity.

DATES: Comments and information must be received no later than October 
17, 2014.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. Comments sent via email, including all 
attachments, must not exceed a 25-megabyte file size. NMFS is not 
responsible for comments sent to addresses other than those provided 
here.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    An electronic copy of the application may be obtained by writing to 
the address specified above, telephoning the contact listed below (see 
FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this 
notice may also be viewed, by appointment, during regular business 
hours, at the aforementioned address.
    NMFS is also preparing an Environmental Assessment (EA) in 
accordance with the National Environmental Policy Act (NEPA) and will 
consider comments submitted in response to this notice as part of that 
process. The EA will be posted at the foregoing internet site once it 
is finalized.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a 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. 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.''

[[Page 55750]]

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].

Summary of Request

    On April 9, 2014, NMFS received an application from WETA for the 
taking of marine mammals incidental to the construction of a Central 
Bay Operations and Maintenance Facility. After NMFS provided comments 
on the draft IHA application, WETA submitted a revised IHA application 
on May 15, 2014. NMFS determined that the application was adequate and 
complete on July 31, 2014.
    WETA proposes to construct a Central Bay Operations and Maintenance 
Facility (Project) to serve as the central San Francisco Bay base for 
WETA's ferry fleet, Operations Control Center (OCC), and Emergency 
Operations Center (EOC) in the City of Alameda in California. The 
proposed activity would occur between August 1 and November 30, 2015. 
The following specific aspects of the proposed activities are likely to 
result in the take of marine mammals: pile removal and vibratory and 
impact pile driving. Take, by Level B Harassment only, of individuals 
of California sea lion and Pacific harbor seal is anticipated to result 
from the specified activity.

Description of the Specified Activity

Overview

    The Project would involve construction of the WETA Central Bay 
Operations and Maintenance Facility in the City of Alameda, California. 
This Project would require the removal of 35 existing concrete piles 
and the installation of 61 steel piles by impact hammer and 24 plastic 
piles by vibratory hammer in San Francisco Bay. Once constructed, the 
facility would provide maintenance services, such as fueling, engine 
oil changes, concession supply, and light repair work, for WETA ferry 
boats operating in the central San Francisco Bay. In addition, the 
facility would be the location for operational activities of WETA, 
including day-to-day management and oversight of services, crew, and 
facilities. In the event of a regional disaster, the facility would 
also function as an emergency operations center, serving passengers and 
sustaining water transit service for emergency response and recovery.

Dates and Duration

    WETA plans to conduct all in-water construction work activities 
during the period from August 1 to November 30, 2015. Pile removal and 
installation would occur over only approximately 12 days during that 
period, and these activities would not be continuous.
    For pile removal, the contractor conducting the removal will 
finalize the most effective method of removing the existing piles. Once 
the contractor has an effective method in place, it should take 
approximately 30 minutes to extract each pile. Thirty-five piles would 
be removed, requiring a total of approximately 17\1/2\ hours. This time 
would be spread over a period of three days and would not be 
continuous.
    For pile installation, the structural steel piles would be driven 
in place by a diesel impact hammer. Each pile would require 
approximately 450-600 hammer strikes to be put in place. This is an 
estimated number of strikes, as limited geotechnical exploration has 
been performed at the site and the required structural capacity of the 
piles is yet to be determined. It is estimated that 3 to 12 piles would 
be driven per day during in-water pile driving operations, with an 
actual drive time for each pile ranging from 10 to 30 minutes per pile, 
assuming the hammer operates continuously. Sixty-one steel piles would 
be installed, requiring a total of approximately 10 to 30\1/2\ hours.
    The plastic fender piles would likely be driven into place with a 
vibratory hammer, which would not create significant underwater noise. 
It would require 15 to 30 minutes of vibration to put each plastic pile 
in place. Twenty-four plastic piles would be installed, requiring a 
total of approximately 6 to 12 hours. All of the pile driving, 
including installation of the steel and plastic piles, will be spread 
over a period of ten days and would not be continuous.

Specified Geographic Region

    The Project site is located southeast of the intersection of West 
Hornet Avenue and Ferry Point Road near Pier 3 in the City of Alameda 
(see Figure 1 of the IHA application). The Project site is within the 
Alameda Naval Air Station (NAS) Base Realignment and Closure (BRAC) 
area, now known as Alameda Point (see Figure 2 of the IHA application). 
The former Alameda NAS, which was closed in 1997, occupied roughly 
1,700 acres of land and roughly 1,000 acres of water. The Project site 
is owned by the City of Alameda and was leased to the United States 
Navy as part of the NAS.
    The Project site includes approximately 21,500 square feet (0.5 
acre) of landside space and approximately three acres of waterside 
space in San Francisco Bay. The Project site is designated as Mixed Use 
Planned Development District (MX) and is zoned General Industrial 
District (M-2) by the City of Alameda.

Detailed Description of Activities

    The Project has three elements involving noise production that may 
impact marine mammals:
     Removal of 35 existing concrete piles;
     Installation of 61 steel piles (twenty-six 30'' epoxy 
coated steel guide piles for floats, eleven 24'' piles for shoreline 
deck, sixteen 24'' epoxy coated steel dolphin piles, and eight 18'' 
epoxy coated steel fender panel piles) via impact hammer; and
     Installation of 24 plastic piles (18'' plastic fender 
piles) via vibratory hammer.
    Detailed descriptions of these activities are provided below.

Pile Removal

    Thirty-five (35) existing concrete piles will be removed as part of 
the Project. In general, the piles will be removed by attaching a 
choker to the pile and pulling. If necessary, a vibrating extractor 
will be used. Once the contractor conducting the removal has an 
effective method in place, it should take about 30 minutes to extract 
each pile. To remove all 35 existing piles, noise impacts associated 
with driving will occur over a period of three days, will be limited to 
daylight hours, and will not be continuous. As a vibrating extractor 
may be used, for the purposes of managing potential impacts to marine 
mammals, the same zones of influence applied to vibratory hammer 
operations for pile installation will be applied to pile removal 
operations.

Pile Installation

    A total of 61 steel piles will be installed as part of the Project. 
These piles will be installed by impact hammer. The largest piles to be 
installed are 30-inch diameter steel piles, and these would produce the 
highest sound levels. Twenty-six 30-inch diameter piles will be 
installed, and noise impacts associated with driving these piles will 
occur over a period of six days, will be limited to daylight hours, and 
will not be continuous. In addition, twenty-seven 24-inch steel piles 
(sixteen of which will be epoxy coated) will be

[[Page 55751]]

installed for construction of the new ferry maintenance facility, and 
the driving of these piles will occur over a period of six days, 
overlapping with the days driving the 30-in diameter piles, will be 
limited to daylight hours, and will not be continuous. Finally, eight 
18-inch epoxy coated steel piles will be installed, and pile driving 
for these piles will occur over a single day, will be limited to 
daylight hours, and will not be continuous.
    The Project will also include installation of 24 plastic piles, 
which are 18 inches in diameter. A vibratory hammer will be used to 
install these plastic piles. Sound pressure waves resulting from the 
driving of plastic piles are different than those of steel piles. In 
comparison to steel piles, pressure levels produced from plastic piles 
hit with a hammer have lesser extremes in overpressure and 
underpressure in the sound waveform. Vibratory hammers produce sound 
pressure levels (SPLs) that are considerably lower than those produced 
by impact hammers. Specific data on vibratory hammer sound levels for 
driving plastic piles could not be located, but installation of the 
plastic piles with a vibratory hammer, instead of an impact hammer, is 
less likely to produce sound that would result in injury to or 
mortality of marine mammals. In total, the installation of all of the 
piles, including the steel piles and the plastic piles, will occur over 
a period of ten days, will be limited to daylight hours, and will not 
be continuous.

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species under NMFS jurisdiction most likely to 
occur in the proposed construction area include Pacific harbor seal 
(Phoca vitulina richardsi) and California sea lion (Zalophus 
californianus). Although harbor porpoise (Phocoena phocoena), killer 
whale (Orcinus orca), and gray whale (Eschrichtius robustus) have been 
sighted near the vicinity of the proposed construction area, their 
presence at the activity area is considered unlikely, because the 
proposed construction area is not typical habitat for these species. 
The southern sea otter (Enhydra lutris) also may occur in the proposed 
construction area, but that species is managed by the U.S. Fish and 
Wildlife Service and is not considered further in this proposed IHA 
notice. A list of the marine mammal species under NMFS jurisdiction and 
their abundance and Endangered Species Act (ESA) status is provided in 
Table 1.
    General information on the marine mammal species found in 
California waters can be found in Caretta et al. (2013), which is 
available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf. Refer to that document for information on these species. 
Specific information concerning these species in the vicinity of the 
proposed action area is provided below.

  Table 1--List of Marine Mammal Species Under NMFS Jurisdiction That Occur in the Vicinity of the WETA Central
                              Bay Operations and Maintenance Facility Project Area
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           Common name                Scientific name            Stock              ESA Status        Abundance
----------------------------------------------------------------------------------------------------------------
California sea lion..............  Zalophus              U.S.................  Not listed..........      296,750
                                    californianus.
Harbor seal......................  Phoca vitulina        California..........  Not listed..........       30,196
                                    richardsi.
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California Sea Lion

    California sea lions in San Francisco Bay are part of the U.S. 
stock, which begins at the U.S./Mexico border and extends northward 
into Canada. The U.S. stock was estimated at 296,750 in the 2012 Stock 
Assessment Report (SAR) and may be at carrying capacity, although more 
data are needed to verify that determination (Carretta et al. 2013). 
Because different age and sex classes are not all ashore at any given 
time, the population assessment is based on an estimate of the number 
of births and number of pups in relation to the known population. The 
current population estimate is derived from visual surveys conducted in 
2007 of the different age and sex classes observed ashore at the 
primary rookeries and haul-out sites in southern and central 
California, coupled with an assessment done in 2008 of the number of 
pups born in the southern California rookeries (Carretta et al. 2013). 
California sea lions' occurrence at the proposed project area is not 
common, but their presence is expected.
    California sea lions are not listed under the ESA.

Harbor Seal

    Harbor seals are members of the true seal family (Phocidae). For 
management purposes, differences in mean pupping date (Temte 1986), 
movement patterns (Jeffries 1985; Brown 1988), pollutant loads 
(Calambokidis et al. 1985), and fishery interactions have led to the 
recognition of three separate harbor seal stocks along the west coast 
of the continental U.S. (Boveng 1988). The three distinct stocks are: 
(1) Inland waters of Washington State (including Hood Canal, Puget 
Sound, Georgia Basin, and the Strait of Juan de Fuca out to Cape 
Flattery), (2) outer coast of Oregon and Washington, and (3) California 
(Carretta et al. 2011). Harbor seals found in the vicinity of the 
proposed action area belong to the California stock.
    Pacific harbor seals display year-round site fidelity, though they 
have been known to swim several hundred miles to find food or suitable 
breeding habitat. Although generally solitary in the water, harbor 
seals come ashore at haul-outs that are used for resting, 
thermoregulation, birthing, and nursing pups. Haul-out sites are 
relatively consistent from year to year (Kopec and Harvey 1995), and 
females have been recorded returning to their own natal haul-out when 
breeding (Green et al. 2006).
    In the vicinity of the proposed project area, harbor seals use the 
westernmost tip of Breakwater Island as a haul[hyphen]out site and 
forage in the Breakwater Gap area. The tip is approximately 1 mile west 
of the Project site. Although it is not considered a primary 
haul[hyphen]out site for San Francisco Bay, Breakwater Island is 
reportedly the only haul[hyphen]out site in the Central Bay that is 
accessible to seals throughout the full tidal range. Aerial surveys of 
seal haul[hyphen]outs conducted in 1995[hyphen]97 and incidental counts 
made during summer tern foraging studies conducted in 1984[hyphen]93 
usually counted fewer than 10 seals present at any one time. There is 
some evidence that more harbor seals have been using the westernmost 
tip of Breakwater Island in recent years, or that it is more important 
as a winter haul[hyphen]out. Seventy[hyphen]three seals were counted on 
Breakwater Island in January 1997, and 20 were observed 
hauled[hyphen]out on April 4, 1998. A small pup was observed during May 
1997; however, site characteristics are not

[[Page 55752]]

ideal for the island to be a major pupping area (USFWS 1998).
    Harbor seals have also been using an abandoned small craft marina 
dock located at the Project site for haul-out purposes. This dock was 
previously connected to land, which may have decreased its desirability 
for use by seals, due to access by people, dogs, and other animals. The 
dock has been deteriorating over time, because it is not maintained. In 
2010, the portion connecting the floating dock to land broke off and 
sank, leaving remnant parts of the floating dock isolated from land. 
Since 2010, additional remnant parts of the marina have also been lost. 
At present, seals have been observed by local residents hauling out on 
the portion of the dock that is furthest from shore.
    Harbor seals are not listed under the ESA.

Potential Effects of the Specified Activity on Marine Mammals

    This section includes a summary and discussion of the ways that the 
types of stressors associated with the specified activity (in-water 
pile removal and pile driving) have been observed to impact marine 
mammals. This discussion may also include reactions that we consider to 
rise to the level of a take and those that we do not consider to rise 
to the level of a take (for example, with acoustics, we may include a 
discussion of studies that showed animals not reacting at all to sound 
or exhibiting barely measurable avoidance). This section is intended as 
a background of potential effects and does not consider either the 
specific manner in which this activity will be carried out or the 
mitigation that will be implemented, and how either of those will shape 
the anticipated impacts from this specific activity. 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'' section will include the analysis of how this specific 
activity will impact marine mammals and will consider the content of 
this section, the ``Estimated Take by Incidental Harassment'' section, 
the ``Proposed Mitigation'' section, and the ``Anticipated Effects on 
Marine Mammal Habitat'' section to draw conclusions regarding the 
likely impacts of this activity on the reproductive success or 
survivorship of individuals and from that on the affected marine mammal 
populations or stocks.

Acoustic Impacts

    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Based 
on available behavioral data, audiograms have been derived using 
auditory evoked potentials, anatomical modeling, and other data, 
Southall et al. (2007) designate ``functional hearing groups'' for 
marine mammals and estimate the lower and upper frequencies of 
functional hearing of the groups. The functional groups and the 
associated frequencies are indicated below (though animals are less 
sensitive to sounds at the outer edge of their functional range and 
most sensitive to sounds of frequencies within a smaller range 
somewhere in the middle of their functional hearing range):
     Low frequency cetaceans (13 species of mysticetes): 
functional hearing is estimated to occur between approximately 7 Hz and 
22 kHz (however, a study by Au et al. (2006) of humpback whale songs 
indicate that the range may extend to at least 24 kHz);
     Mid-frequency cetaceans (32 species of dolphins, six 
species of larger toothed whales, and 19 species of beaked and 
bottlenose whales): functional hearing is estimated to occur between 
approximately 150 Hz and 160 kHz;
     High frequency cetaceans (eight species of true porpoises, 
six species of river dolphins, Kogia, the franciscana, and four species 
of cephalorhynchids): functional hearing is estimated to occur between 
approximately 200 Hz and 180 kHz; and
     Pinnipeds in Water: functional hearing is estimated to 
occur between approximately 75 Hz and 75 kHz, with the greatest 
sensitivity between approximately 700 Hz and 20 kHz.
    As mentioned previously in this document, two marine mammal species 
(both of which are pinniped species) are likely to occur in the 
proposed seismic survey area. WETA and NMFS determined that in-water 
pile removal and pile driving during the Central Bay Operations and 
Maintenance Facility Project has the potential to result in behavioral 
harassment of the marine mammal species and stocks in the vicinity of 
the proposed activity.
    Marine mammals exposed to high-intensity sound repeatedly or for 
prolonged periods can experience hearing threshold shift (TS), which is 
the loss of hearing sensitivity at certain frequency ranges (Kastak et 
al. 1999; Schlundt et al. 2000; Finneran et al. 2002; 2005). TS can be 
permanent (PTS), in which case the loss of hearing sensitivity is 
unrecoverable, or temporary (TTS), in which case the animal's hearing 
threshold will recover over time (Southall et al. 2007). Since marine 
mammals depend on acoustic cues for vital biological functions, such as 
orientation, communication, finding prey, and avoiding predators, 
hearing impairment could result in the reduced ability of marine 
mammals to detect or interpret important sounds. Repeated noise 
exposure that causes TTS could lead to PTS.
    Experiments on a bottlenose dolphin (Tursiops truncates) and beluga 
whale (Delphinapterus leucas) showed that exposure to a single watergun 
impulse at a received level of 207 kPa (or 30 psi) peak-to-peak (p-p), 
which is equivalent to 228 dB (p-p) re 1 [mu]Pa, resulted in a 7 and 6 
dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. Thresholds 
returned to within 2 dB of the pre-exposure level within 4 minutes of 
the exposure (Finneran et al. 2002). No TTS was observed in the 
bottlenose dolphin. Although the source level of one hammer strike for 
pile driving is expected to be much lower than the single watergun 
impulse cited here, animals being exposed for a prolonged period to 
repeated hammer strikes could receive more noise exposure in terms of 
sound exposure level (SEL) than from the single watergun impulse 
(estimated at 188 dB re 1 [mu]Pa\2\-s) in the aforementioned experiment 
(Finneran et al. 2002).
    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). 
Masking is the obscuring of sounds of interest by other sounds, often 
at similar frequencies. Masking generally occurs when sounds in the 
environment are louder than, and of a similar frequency as, auditory 
signals an animal is trying to receive. Masking can interfere with 
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.
    Masking occurs at the frequency band which the animals utilize. 
Since noise generated from in-water vibratory pile removal and driving 
is mostly concentrated at low frequency ranges, it may have little 
effect on high-frequency echolocation sounds by odontocetes (toothed 
whales), which may hunt

[[Page 55753]]

California sea lion and harbor seal. However, the lower frequency man-
made noises are more likely to affect the detection of communication 
calls and other potentially important natural sounds, such as surf and 
prey noise. The noises may also affect communication signals when those 
signals 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 can potentially impact the species at community, 
population, 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 in the world's oceans have increased by as much as 20 dB (more 
than 3 times, in terms of SPL) from pre-industrial periods, and most of 
these increases are from distant shipping (Hildebrand 2009). All 
anthropogenic noise sources, such as those from vessel traffic and pile 
removal and driving, contribute to the elevated ambient noise levels, 
thus intensifying masking.
    Nevertheless, the sum of noise from WETA's proposed Central Bay 
Operations and Maintenance Facility Project construction activities is 
confined to a limited area by surrounding landmasses; therefore, the 
noise generated is not expected to contribute to increased ocean 
ambient noise. In addition, due to shallow water depths in the project 
area, underwater sound propagation of low-frequency sound (which is the 
major noise source from pile driving) is expected to be poor.
    Finally, in addition to TS and masking, exposure of marine mammals 
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 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 expected to be biologically significant if the 
change affects growth, survival, or reproduction. Some of these types 
of significant behavioral modifications include:
     Drastic change in diving/surfacing patterns (such as those 
thought to be causing beaked whale strandings due to exposure to 
military mid-frequency tactical sonar);
     Habitat abandonment due to loss of desirable acoustic 
environment; and
     Cessation of feeding or social interaction.
    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 therefore difficult to predict 
(Southall et al. 2007).
    The proposed project area is not a prime habitat for marine 
mammals, nor is it considered an area frequented by marine mammals. 
Therefore, behavioral disturbances that could result from anthropogenic 
noise associated with WETA's construction activities are expected to 
affect only a small number of marine mammals on an infrequent and 
limited basis.

Visual Disturbance

    The activities of workers in the project area may also cause 
behavioral reactions by marine mammals, such as pinnipeds flushing from 
the jetty or pier or moving farther from the disturbance to forage. 
There is a riprap breakwater that starts at the Alameda shoreline 
southeast of the proposed facility that harbor seals use as a haul-out 
site and to forage in the breakwater gap area. However, observations of 
the area show that it is unlikely that more than 10 to 20 individuals 
of harbor seals (or California sea lions) would be present in the 
project vicinity at any one time. Therefore, even if pinnipeds were 
flushed from the haul-out, a stampede is very unlikely, due to the 
relatively low number of animals onsite. In addition, proposed 
mitigation and monitoring measures would minimize the startle behavior 
of pinnipeds and prevent the animals from flushing into the water.

Anticipated Effects on Marine Mammal Habitat

    No permanent impacts to marine mammal habitat are proposed to or 
would occur as a result of the proposed Project. The WETA's proposed 
Central Bay Operations and Maintenance Facility Project would not 
modify the existing habitat. Therefore, no restoration of the habitat 
would be necessary. A temporary, small-scale loss of foraging habitat 
may occur for marine mammals, if the marine mammals leave the area 
during pile extraction and driving activities.
    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 the pile driving. Hastings and Popper 
(2005) identified several studies that suggest fish will relocate to 
avoid areas of damaging noise energy. The acoustic frequency and 
intensity ranges that have been shown to negatively impact fish (FHWG 
2008) and an analysis of the potential noise output of the proposed 
Project indicate that Project noise has the potential to cause 
temporary hearing loss in fish over a distance of approximately 42 
meters from pile driving activity. If fish leave the area of 
disturbance, pinniped habitat in that area 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 foraging range of marine mammals that may be 
present in and around the project area.
    Because of the short duration of the activities and the relatively 
small area of the habitat that may be affected, 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 marine mammal populations.

Proposed Mitigation

    In order to issue an incidental take authorization (ITA) 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 (where relevant).
    For WETA's proposed Central Bay Operations and Maintenance Facility 
Project, WETA worked with NMFS and proposed the following mitigation 
measures to minimize the potential impacts to marine mammals in the 
Project vicinity. The primary purposes of these mitigation measures are 
to

[[Page 55754]]

minimize sound levels from the activities, to monitor marine mammals 
within designated zones of influence corresponding to NMFS' current 
Level B harassment thresholds and, if marine mammals with the ZOI 
appear disturbed by the work activity, to initiate immediate shutdown 
or power down of the piling hammer, making it very unlikely potential 
injury or TTS to marine mammals would occur and ensuring that Level B 
behavioral harassment of marine mammals would be reduced to the lowest 
level practicable.

Use of Noise Attenuation Devices

    Noise attenuation systems (i.e., bubble curtains) will be used 
during all impact pile driving of steel piles to dampen the acoustic 
pressure and reduce the impact on marine mammals. By reducing 
underwater sound pressure levels at the source, bubble curtains would 
reduce the area over which Level B harassment would occur, thereby 
potentially reducing the numbers of marine mammals affected. In 
addition, the bubble curtain system would reduce sound levels below the 
threshold for injury (Level A harassment), and thus eliminate the need 
for an exclusion zone for Level A harassment.

Time Restrictions

    Work would occur only during daylight hours, when visual monitoring 
of marine mammals can be conducted.
    In addition, all in-water construction will be limited to the 
period between August 1 and November 30, 2015.

Establishment of Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, WETA 
shall establish Level B behavioral harassment zones of influence (ZOIs) 
where received underwater sound pressure levels (SPLs) are higher than 
160 dB (rms) and 120 dB (rms) re 1 [mu]Pa for impulse noise sources 
(impact pile driving) and non-impulses noise sources (vibratory pile 
driving and mechanic dismantling), respectively. The ZOIs delineate 
where Level B harassment would occur. Because of the relatively low 
source levels from vibratory pile driving and from impact pile driving 
with air bubble curtains, there will be no area where the noise level 
would exceed the threshold for Level A harassment for pinnipeds, which 
is 190 dB (rms) re 1 [mu]Pa. The modeled maximum isopleths for ZOIs are 
listed in Table 2.

           Table 2--Modeled Level B Harassment Zones of Influence for Various Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                                                Distance to 120  Distance to 160
             Pile driving methods                   Pile material and size       dB re 1 [mu]Pa   dB re 1 [mu]Pa
                                                                                   (rms) (m)        (rms) (m)
----------------------------------------------------------------------------------------------------------------
Impact pile driving with air bubble curtain..  30'' epoxy coated steel piles..               NA              250
                                               24'' epoxy coated steel piles..               NA              185
                                               18'' epoxy coated steel piles..               NA               93
Vibratory pile driving.......................  18'' plastic fender piles......            2,154               NA
----------------------------------------------------------------------------------------------------------------

    Once the underwater acoustic measurements are conducted during 
initial test pile driving, WETA shall adjust the sizes of the ZOIs, and 
monitor these zones as described under the Proposed Monitoring section 
below.

Soft Start

    A ``soft-start'' technique is intended to allow marine mammals to 
vacate the area before the pile driver reaches full power. Whenever 
there has been downtime of 30 minutes or more without pile driving, the 
contractor will initiate the driving with ramp-up procedures described 
below.
    For vibratory hammers, the contractor will initiate the driving for 
15 seconds at reduced energy, followed by a 1-minute waiting period. 
This procedure shall be repeated two additional times before continuous 
driving is started. This procedure would also apply to vibratory pile 
extraction.
    For impact driving, an initial set of three strikes would be made 
by the hammer at 40 percent energy, followed by a 1-minute waiting 
period, then two subsequent three-strike sets at 40 percent energy, 
with 1-minute waiting periods, before initiating continuous driving.

Shutdown Measures

    Although no marine mammal exclusion zone exists, due to the 
implementation of noise attenuation devices (i.e., bubble curtains), 
WETA shall discontinue pile driving or pile removal activities if a 
marine mammal within a ZOI appears disturbed by the work activity. Work 
may not resume until the animal is seen to leave the ZOI or 30 minutes 
have passed since the disturbed animal was last sighted.

Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and considered a range of other measures in the context of 
ensuring that NMFS prescribes the means of effecting the least 
practicable impact on the affected marine mammal species and stocks and 
their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed below:
    (1) Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    (2) A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of pile driving and pile removal or other activities expected to 
result in the take of marine mammals (this goal may contribute to 1, 
above, or to reducing harassment takes only).
    (3) A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to received levels of pile driving and pile removal, or other 
activities expected to result in the take of marine mammals (this goal 
may contribute to 1, above, or to reducing harassment takes only).
    (4) A reduction in the intensity of exposures (either total number 
or number at biologically important time

[[Page 55755]]

or location) to received levels of pile driving, or other activities 
expected to result in the take of marine mammals (this goal may 
contribute to a, above, or to reducing the severity of harassment takes 
only).
    (5) Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    (6) For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    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 marine mammals species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an ITA 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 ITAs 
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. 
WETA submitted a marine mammal monitoring plan as part of the IHA 
application. It can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be modified or supplemented based on 
comments or new information received from the public during the public 
comment period.
    Monitoring measures prescribed by NMFS should accomplish one or 
more of the following general goals:
    (1) An increase in the probability of detecting marine mammals, 
both within the mitigation zone (thus allowing for more effective 
implementation of the mitigation) and in general to generate more data 
to contribute to the analyses mentioned below;
    (2) An increase in our understanding of how many marine mammals are 
likely to be exposed to levels of pile driving that we associate with 
specific adverse effects, such as behavioral harassment, TTS, or PTS;
    (3) An increase in our understanding of how marine mammals respond 
to stimuli expected to result in take and how anticipated adverse 
effects on individuals (in different ways and to varying degrees) may 
impact the population, species, or stock (specifically through effects 
on annual rates of recruitment or survival) through any of the 
following methods:
    [ssquf] Behavioral observations in the presence of stimuli compared 
to observations in the absence of stimuli (need to be able to 
accurately predict received level, distance from source, and other 
pertinent information);
    [ssquf] Physiological measurements in the presence of stimuli 
compared to observations in the absence of stimuli (need to be able to 
accurately predict received level, distance from source, and other 
pertinent information);
    [ssquf] Distribution and/or abundance comparisons in times or areas 
with concentrated stimuli versus times or areas without stimuli;
    (4) An increased knowledge of the affected species; and
    (5) An increase in our understanding of the effectiveness of 
certain mitigation and monitoring measures.

Proposed Monitoring Measures

    WETA shall employee NMFS-approved protected species observers 
(PSOs) to conduct marine mammal monitoring for its Central Bay 
Operations and Maintenance Facility 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. If a PSO observes a marine mammal within a ZOI 
that appears to be disturbed by the work activity, the PSO will notify 
the work crew to initiate shutdown measures.
    Monitoring of marine mammals around the construction site shall be 
conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power). 
Marine mammal visual monitoring shall be conducted from the best 
vantage point available, including the pier, breakwater, and adjacent 
docks within the harbor, to maintain an excellent view of the ZOIs and 
adjacent areas during the survey period. Monitors would be equipped 
with radios or cell phones for maintaining contact with work crews.
    Data collection during marine mammal monitoring will consist of a 
count of all marine mammals by species, a description of behavior (if 
possible), location, direction of movement, type of construction that 
is occurring, time that pile replacement work begins and ends, any 
acoustic or visual disturbance, and time of the observation. 
Environmental conditions such as weather, visibility, temperature, tide 
level, current, and sea state would also be recorded.

Reporting Measures

    WETA would be required to submit weekly monitoring reports to NMFS 
that summarize the monitoring results, construction activities, and 
environmental conditions.
    A final monitoring report would be submitted to NMFS within 90 days 
after completion of the construction work. This report would detail the 
monitoring protocol, summarize the data recorded during monitoring, and 
estimate the number of marine mammals that may have been harassed. NMFS 
would have an opportunity to provide comments on the report, and if 
NMFS has comments, WETA would address the comments and submit a final 
report to NMFS within 30 days.
    In addition, NMFS would require WETA to notify NMFS' Office of 
Protected Resources and NMFS' Stranding Network within 48 hours of 
sighting an injured or dead marine mammal in the vicinity of the 
construction site. WETA shall provide NMFS with the species or 
description of the animal(s), the condition of the animal(s) (including 
carcass condition, if the animal is dead), location, time of first 
discovery, observed behaviors (if alive), and photo or video (if 
available).
    In the event that WETA finds an injured or dead marine mammal that 
is not in the vicinity of the construction area, WETA would report the 
same information as listed above to NMFS as soon as operationally 
feasible.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].

[[Page 55756]]

    As discussed above, in-water pile removal and pile driving 
(vibratory and impact) generate loud noises that could potentially 
harass marine mammals in the vicinity of WETA's proposed Central Bay 
Operations and Maintenance Facility Project.
    Currently, NMFS uses 120 dB re 1 [mu]Pa and 160 dB re 1 [mu]Pa at 
the received levels for the onset of Level B harassment from non-
impulse (vibratory pile driving and removal) and impulse sources 
(impact pile driving) underwater, respectively. Table 3 summarizes the 
current NMFS marine mammal take criteria.

                 Table 3--Current Acoustic Exposure Criteria for Non-Explosive Sound Underwater
----------------------------------------------------------------------------------------------------------------
              Criterion                  Criterion definition                       Threshold
----------------------------------------------------------------------------------------------------------------
Level A Harassment (Injury)..........  Permanent Threshold       180 dB re 1 [mu]Pa (cetaceans).
                                        Shift (PTS) (Any level   190 dB re 1 [mu]Pa (pinnipeds)
                                        above that which is      root mean square (rms).
                                        known to cause TTS).
Level B Harassment...................  Behavioral Disruption     160 dB re 1 [mu]Pa (rms).
                                        (for impulse noises).
Level B Harassment...................  Behavioral Disruption     120 dB re 1 [mu]Pa (rms).
                                        (for non-impulse noise).
----------------------------------------------------------------------------------------------------------------

    As explained above, ZOIs will be established that encompass the 
areas where received underwater SPLs exceed the applicable thresholds 
for Level B harassment. There will not be a zone for Level A harassment 
in this case, because the bubble curtain system will keep all 
underwater noise below the threshold for Level A harassment.
    Incidental take is estimated for each species by estimating the 
likelihood of a marine mammal being present within a ZOI during active 
pile removal or driving. Expected marine mammal presence is determined 
by past observations and general abundance near the project area during 
the construction window. Typically, potential take is estimated by 
multiplying the area of the ZOI by the local animal density. This 
provides an estimate of the number of animals that might occupy the ZOI 
at any given moment. However, this type of calculation is not 
applicable in this case, because the ZOI will be relatively small and 
there is no specific local animal density for harbor seals or 
California sea lions. Based on observational data, the maximum number 
of harbor seals observed along the closest breakwater near the project 
vicinity ranges from 10 to 20 individuals. Observational data on 
California sea lions are not available, but they are generally less 
abundant than harbor seals; therefore, the number of harbor seals will 
be used to estimate impacts for both species.
    While it is unlikely that 10 to 20 individuals would be present 
inside the ZOI at any one time, given the distance from the nearest 
haul-out site, as a worst-case, this analysis assumes that up to 20 
individuals might be present.
    For the Project, the total number of pile removal hours is 
estimated to not exceed 18 hours over 3 days, and the total number of 
pile driving hours is estimated to not exceed 60 hours over 10 days. 
Therefore, the estimated total number of days of activities that might 
impact marine mammals is 13 days. For the exposure estimate, it is 
assumed that the highest count of harbor seals observed, and the same 
number of California sea lions, will be foraging within the ZOI and be 
exposed multiple times during the Project.
    The calculation for marine mammal exposures for this Project is 
estimated by:

Exposure estimate = N * (10 days of pile driving activity + 3 days of 
pile removal activity),
where:

N = # of animals potentially present = 20.
This formula results in the following exposure estimate:
Exposure estimate = 20 animals * 13 days = 260 animals.

    Therefore, WETA is requesting authorization for Level B acoustical 
harassment of up to 260 harbor seals and up to 260 California sea lions 
due to pile removal and driving. A summary of the take estimates and 
the proportions of the stocks potentially affected is provided in Table 
4.

              Table 4--Summary of Potential Marine Mammal Takes and Percentages of Stocks Affected
----------------------------------------------------------------------------------------------------------------
                                                    Estimated                 Percentage
                                       Estimated     take by     Abundance     of stock
                                        density      level B      of stock    potentially     Population trend
                                                    harassment                 affected
----------------------------------------------------------------------------------------------------------------
California sea lion.................           NA          260      396,750          0.06  Stable.
Harbor seal.........................           NA          260       30,196          0.86  Stable.
----------------------------------------------------------------------------------------------------------------

Analysis and Preliminary Determinations

Negligible Impact

    Negligible impact is ``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 Level B harassment 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 behavioral harassment, 
NMFS must consider other factors, such as the likely nature of any 
responses (their intensity, duration, etc.), the context of any 
responses (critical reproductive time or location, migration, etc.), as 
well as the number and nature of estimated Level A harassment takes, 
the number of estimated mortalities, and effects on habitat.
    WETA's proposed Central Bay Operations and Maintenance Facility 
Project would involve pile removal and pile driving activities. 
Elevated underwater noises are expected to be generated as a result of 
these activities; however, these noises are expected to result in no 
mortality or Level A

[[Page 55757]]

harassment and limited, if any, Level B harassment of marine mammals. 
WETA would use noise attenuation devices (i.e., bubble curtains) during 
the impact pile driving, thus eliminating the potential for injury 
(including PTS) and TTS from impact driving. For vibratory pile removal 
and pile driving, noise levels are not expected to reach the level that 
may cause TTS, injury (including PTS), or mortality to marine mammals. 
Therefore, NMFS does not expect that any animals would experience Level 
A harassment (including injury or PTS) or Level B harassment in the 
form of TTS from being exposed to in-water pile removal and pile 
driving associated with WETA's construction project.
    In addition, WETA's proposed activities are localized and of short 
duration. The entire project area is limited to WETA's Central Bay 
Operations and Maintenance Facility near Pier 3 in the City of Alameda. 
The entire Project would involve the removal of 35 existing concrete 
piles and installation of a total of 61 steel piles ranging from 18 
inches to 30 inches in diameter and 24 plastic piles of 18-inch 
diameter. The duration for pile removal is expected to be fewer than 
three days and the duration for pile driving is expected to be fewer 
than 10 days, for a total of 13 days of activity. The duration for 
removing each pile would be about 30 minutes, and the duration for 
driving each pile would be about 10 to 30 minutes for impact steel pile 
driving and about 10 to 20 minutes for plastic vibratory pile driving. 
These low-intensity, localized, and short-term noise exposures may 
cause brief startle reactions or short-term behavioral modification by 
the animals. These reactions and behavioral changes are expected to 
subside quickly when the exposures cease. Moreover, the proposed 
mitigation and monitoring measures are expected to reduce potential 
exposures and behavioral modifications even further. Additionally, no 
important feeding and/or reproductive areas for marine mammals are 
known to be near the proposed action area. Therefore, the take 
resulting from the proposed Central Bay Operations and Maintenance 
Project is not reasonably expected to, and is not reasonably likely to, 
adversely affect the marine mammal species or stocks through effects on 
annual rates of recruitment or survival.
    The Project also is not expected to have significant adverse 
effects on affected marine mammals' habitat, as analyzed in detail in 
the ``Anticipated Effects on Marine Mammal Habitat'' section. The 
project activities would not modify existing marine mammal habitat. The 
activities may cause some fish to leave the area of disturbance, thus 
temporarily 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.
    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 WETA's Central Bay Operations and Maintenance Facility 
Project will have a negligible impact on the affected marine mammal 
species or stocks.

Small Number

    Based on analyses provided above, it is estimated that 
approximately 260 California sea lions and 260 Pacific harbor seals 
could be exposed to received noise levels that could cause Level B 
behavioral harassment from the proposed construction work at the WETA 
Central Bay Operations and Maintenance Facility in Alameda, CA. These 
numbers represent approximately 0.06% and 0.86% of the stocks and 
populations of these species that could be affected by Level B 
behavioral harassment, respectively (see Table 4 above), which are 
small percentages relative to the total populations of the affected 
species or stocks.
    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 mitigation and monitoring 
measures, which are expected to reduce the number of marine mammals 
potentially affected by the proposed action, NMFS preliminarily finds 
that small numbers of marine mammals will be taken relative to the 
populations of the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no subsistence uses of marine mammals in the proposed 
project area, and thus no subsistence uses impacted 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)

    No species listed under the ESA are expected to be affected by 
these activities. Therefore, NMFS has determined that a section 7 
consultation under the ESA is not required.

National Environmental Policy Act (NEPA)

    NMFS prepared a draft Environmental Assessment (EA) for the 
proposed issuance of an IHA, pursuant to NEPA, to determine whether or 
not this proposed activity may have a significant effect on the human 
environment. This analysis will be completed prior to the issuance or 
denial of this proposed IHA.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to WETA for conducting the Central Bay Operations and 
Maintenance Facility Project, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated. 
The proposed IHA language is provided next.
    This section contains a draft of the IHA itself. The wording 
contained in this section is proposed for inclusion in the IHA (if 
issued).
    (1) This Authorization is valid from August 1, 2015, through July 
31, 2016.
    (2) This Authorization is valid only for activities associated with 
the San Francisco Bay Area Water Emergency Transportation Authority 
(WETA) Central Bay Operations and Maintenance Facility Project in the 
City of Alameda, California.
    (3)(A) The species authorized for incidental harassment takings, by 
Level B harassment only, are: Pacific harbor seal (Phoca vitulina 
richardsi) and California sea lion (Zalophus californianus).
    (B) This authorization for taking by harassment is limited to the 
following acoustic sources and from the following activities:
     Impact and vibratory pile driving;
     Pile removal; and
     Work associated with above piling activities.
    (C) The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported within 24 hours of the taking to 
the West Coast Regional Administrator, National Marine Fisheries 
Service (NMFS) at (562) 980-4000, and the Chief of the Permits and 
Conservation Division, Office of Protected Resources, NMFS, at (301) 
427-8401, or her designee, at (301) 427-8401.
    (4) The holder of this Authorization must notify the Chief of the 
Permits and

[[Page 55758]]

Conservation Division, Office of Protected Resources, at least 48 hours 
prior to the start of activities identified in 3(B) (unless constrained 
by the date of issuance of this Authorization, in which case 
notification shall be made as soon as possible).
    (5) 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 4. The taking by Level A harassment, injury, or death of these 
species or the taking by harassment, injury, or death of any other 
species of marine mammal is prohibited 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 
7(a), are not present in conformance with condition 7(a) of this 
Authorization.
    (6) Mitigation
    (A) Use of Noise Attenuation Devices
    A pile driving energy attenuator (such as an air bubble curtain 
system) shall be used for all impact pile driving.
    (B) Time Restriction
    In-water construction work shall occur only during daylight hours, 
when visual monitoring of marine mammals can be conducted.
    (C) Establishment of Level B Harassment Zones of Influence
    (i) Before the commencement of in-water pile driving activities, 
WETA shall establish Level B behavioral harassment zones of influence 
(ZOIs) where received underwater sound pressure levels (SPLs) are 
higher than 160 dB (rms) and 120 dB (rms) re 1 [mu]Pa for impulse noise 
sources (impact pile driving) and non-impulses noise sources (vibratory 
pile driving and mechanic dismantling), respectively. The modeled 
isopleths for ZOIs are listed in Table 6.

           Table 6--Modeled Level B Harassment Zones of Influence for Various Pile Driving Activities
----------------------------------------------------------------------------------------------------------------
                                                                                Distance to 120  Distance to 160
             Pile driving methods                   Pile material and size       dB re 1 [mu]Pa   dB re 1 [mu]Pa
                                                                                   (rms) (m)        (rms) (m)
----------------------------------------------------------------------------------------------------------------
Impact pile driving with air bubble curtain..  30'' epoxy coated steel piles..               NA              215
                                               24'' epoxy coated steel piles..               NA              185
                                               18'' epoxy coated steel piles..               NA               93
Vibratory pile driving.......................  18'' plastic fender piles......            2,154               NA
----------------------------------------------------------------------------------------------------------------

    (ii) Once the underwater acoustic measurements are conducted during 
initial test pile driving, WETA shall adjust the sizes of the ZOIs, and 
monitor these zones as described under the Proposed Monitoring section 
below.
    (D) Monitoring of marine mammals shall take place starting 30 
minutes before pile driving begins until 30 minutes after pile driving 
ends.
    (E) Soft Start
    (i) When there has been downtime of 30 minutes or more without pile 
driving, the contractor will initiate the driving with ramp-up 
procedures described below.
    (ii) For vibratory hammers, the contractor shall initiate the 
driving for 15 seconds at reduced energy, followed by a 1 minute 
waiting period. This procedure shall be repeated two additional times 
before continuous driving is started. This procedure shall also apply 
to vibratory pile extraction.
    (iii) For impact driving, an initial set of three strikes would be 
made by the hammer at 40 percent energy, followed by a 1-minute waiting 
period, then two subsequent three-strike sets at 40 percent energy, 
with 1-minute waiting periods, before initiating continuous driving.
    (F) Shutdown Measures
    Although no marine mammal exclusion zone exists due to the 
implementation of noise attenuation devices (i.e., bubble curtain), 
WETA shall discontinue pile removal or pile driving activities if a 
marine mammal within a ZOI appears disturbed by the work activity. Work 
may not resume until the animal is seen to leave the ZOI or 30 minutes 
have passed since the disturbed animal was last sighted.
    (7) Monitoring:
    (A) Protected Species Observers
    WETA shall employee NMFS-approved protected species observers 
(PSOs) to conduct marine mammal monitoring for its construction 
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. If a PSO 
observes a marine mammal within a ZOI that appears to be disturbed by 
the work activity, the PSO will notify the work crew to initiate 
shutdown measures.
    (B) Monitoring of marine mammals around the construction site shall 
be conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 
power).
    (C) Marine mammal visual monitoring shall be conducted from the 
best vantage point available, including the WETA pier, jetty, and 
adjacent docks within the harbor, to maintain an excellent view of the 
ZOIs and adjacent areas during the survey period. Monitors would be 
equipped with radios or cell phones for maintaining contact with work 
crews.
    (D) Data collection during marine mammal monitoring shall consist 
of a count of all marine mammals by species, a description of behavior 
(if possible), location, direction of movement, type of construction 
that is occurring, time that pile replacement work begins and ends, any 
acoustic or visual disturbance, and time of the observation. 
Environmental conditions such as weather, visibility, temperature, tide 
level, current, and sea state would also be recorded.
    (8) Reporting:
    (A) WETA shall submit weekly monitoring reports to NMFS that 
summarize the monitoring results, construction activities, and 
environmental conditions.
    (B) WETA shall provide NMFS with a draft monitoring report within 
90 days of the conclusion of the construction work. This report shall 
detail the monitoring protocol, summarize the data recorded during 
monitoring, and estimate the number of marine mammals that may have 
been harassed.
    (C) If comments are received from the NMFS West Coast Regional 
Administrator or NMFS Office of Protected Resources on the draft 
report, a final report shall be submitted to NMFS within 30 days 
thereafter. If no comments are received from NMFS, the draft report 
will be considered to be the final report.
    (D) In the unanticipated event that the construction activities 
clearly cause the take of a marine mammal in a manner prohibited by 
this Authorization (if issued), such as an injury, serious injury, or 
mortality, WETA shall immediately cease all operations and immediately 
report the incident to the Supervisor of Incidental Take Program, 
Permits and Conservation Division,

[[Page 55759]]

Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinators. The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) description of the incident;
    (iii) status of all sound source use in the 24 hours preceding the 
incident;
    (iv) environmental conditions (e.g., wind speed and direction, sea 
state, cloud cover, visibility, and water depth);
    (v) description of marine mammal observations in the 24 hours 
preceding the incident;
    (vi) species identification or description of the animal(s) 
involved;
    (vii) the fate of the animal(s); and
    (viii) photographs or video footage of the animal (if equipment is 
available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with WETA to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. WETA may not resume their 
activities until notified by NMFS via letter, email, or telephone.
    (E) In the event that WETA 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), 
WETA will immediately report the incident to the Supervisor of the 
Incidental Take Program, Permits and Conservation Division, Office of 
Protected Resources, NMFS, and the West Coast Regional Stranding 
Coordinators. The report must include the same information identified 
above. Activities may continue while NMFS reviews the circumstances of 
the incident. NMFS will work with WETA to determine whether 
modifications in the activities are appropriate.
    (F) In the event that WETA 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), WETA shall report the incident to 
the Supervisor of the Incidental Take Program, Permits and Conservation 
Division, Office of Protected Resources, NMFS, and the West Coast 
Regional Stranding Coordinators, within 24 hours of the discovery. WETA 
shall provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS and the Marine 
Mammal Stranding Network. WETA can continue its operations under such a 
case.
    (9) This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein or if the 
authorized taking is having more than a negligible impact on the 
species or stock of affected marine mammals, or if there is an 
unmitigable adverse impact on the availability of such species or 
stocks for subsistence uses.
    (10) A copy of this Authorization must be in the possession of each 
contractor who performs construction activities as part of the WETA 
Central Bay Operations and Maintenance Facility Project.

Request for Public Comments

    NMFS requests comment on our analysis, the draft authorization, and 
any other aspect of the Notice of Proposed IHA for WETA. Please include 
with your comments any supporting data or literature citations to help 
inform our final decision on WETA's request for an MMPA authorization.

    Dated: September 11, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-22174 Filed 9-16-14; 8:45 am]
BILLING CODE 3510-22-P