[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57052-57057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22618]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD070


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to U.S. Coast Guard Station Monterey 
Waterfront Repairs in Monterey, California

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

ACTION: Notice; issuance of an incidental take authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to the United States Coast 
Guard (USCG) to take, by harassment, small numbers of seven species of 
marine mammals incidental to pile driving associated with the USCG's 
Station Monterey waterfront repair project in Monterey, California, 
between June 1, 2015, through September 1, 2015.

DATES: Effective October 1, 2014, through September 30, 2015.

ADDRESSES: A copy of the application containing a list of the 
references used in this document, USCG's Environmental Assessment (EA), 
Finding of No Significant Impact (FONSI), and the IHA may be obtained 
by telephoning the contact listed below (see FOR FURTHER INFORMATION 
CONTACT) or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at 1315 East West Highway, Silver 
Spring, MD 20910.

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.''
    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 June 27, 2013, NMFS received an application from USCG for the 
taking of marine mammals incidental to its Station Monterey waterfront 
repairs project. The purpose of the proposed activity is to improve and 
maintain the structural integrity of the patrol boat pier (Pier) and 
potable waterline at USCG Station Monterey through the replacement of 
Pier piles and the water line. On March 12, 2014, NMFS published a 
Federal Register notice (FR 79 13991) for the proposed IHA. No changes 
was made for the proposed USCG's waterfront repair project as described 
in the proposed IHA except the project duration was changed to June 1 
through September 1, 2015, from the original June 15 through October 
15, 2014, due to funding and other constraints. Please refer to Federal 
Register notice for the proposed IHA for a detailed description of the 
project activities.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to USCG was published in 
the Federal Register on March 12, 2014 (79 FR 13991). That notice 
described, in detail, USCG's activity, the marine mammal species that 
may be affected by the activity, and the anticipated effects on marine 
mammals. During the 30-day public comment period, NMFS received 
comments from the Marine Mammal Commission (Commission). The Commission 
recommends NMFS issue the IHA to USCG, subject to inclusion of the 
proposed mitigation and monitoring measures described in the proposed 
IHA. NMFS agrees with the Commission's recommendation and has issued 
the IHA with mitigation and monitoring measures described below. No 
other comment letters were received on the proposed action.

Description of Marine Mammals in the Area of the Specified Activity

    The Federal Register notice (79 FR 13991) for the proposed IHA and 
in USCG's IHA application identified six marine mammal species under 
NMFS jurisdiction likely to occur in the construction area: Pacific 
harbor seal (Phoca vitulina richardsi), California sea lion (Zalophus 
californianus), Steller

[[Page 57053]]

sea lion (Eumetopias jubatus), killer whale (Orcinus orca), gray whale 
(Eschrichtius robustus), and humpback whale (Megaptera novaeangliae). 
Subsequence analyses identified additional two species that could also 
occur in the action area: Risso's dolphin (Grampus griseus) and 
bottlenose dolphin (Tursiops truncatus). In addition, the density of 
harbor porpoise was updated based on new information provided by 
Carretta et al. (2009). This new information was included later in take 
number estimates (please see ``Estimated Take by Incidental 
Harassment'' section).
    General information on the marine mammal species found in the 
vicinity of the project area in Washington waters can be found in 
Caretta et al. (2012), which is available at the following URL: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2012.pdf.

Potential Effects of the Specified Activity on Marine Mammals

    The effects of underwater noise from in-water pile driving and pile 
removal associated with the waterfront repair activities at the USCG's 
Station Monterey has the potential to result in Level B (behavioral) 
harassment of marine mammal species and stocks in the vicinity of the 
action area. The Notice of Proposed IHA included a discussion of the 
effects of anthropogenic noise on marine mammals, which is not repeated 
here. No instances of hearing threshold shifts, injury, serious injury, 
or mortality are expected as a result of USCG's activities given the 
strong likelihood that marine mammals would avoid the immediate 
vicinity of the pile driving area.

Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammals and other marine 
species are associated with elevated sound levels, but the project may 
also result in additional effects to marine mammal prey species and 
short-term, local water turbidity caused by in-water construction due 
to pile removal and pile driving. These potential effects are discussed 
in detail in the Federal Register notice for the proposed IHA and are 
not repeated here.

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 the proposed USCG Station Monterey waterfront repair 
activities, NMFS requires that USCG implement the following mitigation 
measures to minimize the potential impacts to marine mammals in the 
project vicinity.

Use of Noise Attenuation Devices

    Bubble curtains for noise attenuation will be used during all 
impact pile driving to interrupt 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 both 
Level A and B harassment would occur, thereby potentially reducing the 
numbers of marine mammals affected.
    With the bubble curtain system in place, the exclusion zone within 
which marine mammal injury could occur is eliminated.

Time Restriction

    Work would occur only during daylight hours when visual monitoring 
of marine mammals can be implemented.

Establishment of Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, USCG 
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 [micro]Pa for impulse noise sources 
(impact pile driving) and non-impulses noise sources (vibratory pile 
driving and mechanic dismantling), respectively. The modeled maximum 
isopleths for ZOIs are listed in Table 1.

 Table 1--Modeled Level B Harassment Zones of Influence for Various Pile
                           Driving Activities
------------------------------------------------------------------------
                               Distance to 120 dB    Distance to 160 dB
   Pile driving activities      re 1 [mu]Pa (rms)     re 1 [mu]Pa (rms)
                                       (m)                   (m)
------------------------------------------------------------------------
Vibratory pile driving......                 2,400                    NA
Impact pile driving (with                       NA                   465
 bubble curtain)............
------------------------------------------------------------------------

    Once the underwater acoustic measurements are conducted during 
initial test pile driving, USCG shall adjust the size of the ZOIs, and 
monitor these zones as described under the Proposed Monitoring section 
below.
    NMFS-approved protected species observers (PSOs) shall conduct 
initial survey of the exclusion zones to ensure that no marine mammals 
are seen within the zones before impact pile driving of a pile segment 
begins. If marine mammals are found within the exclusion zone, impact 
pile driving of the segment would be delayed until they move out of the 
area. If a marine mammal is seen above water and then dives below, the 
contractor would wait 15 minutes for pinnipeds and harbor porpoise and 
30 minutes for gray and killer whales. If no marine mammals are seen by 
the observer in that time it can be assumed that the animal has moved 
beyond the exclusion zone. These criteria are based on scientific 
evidence that harbor seals in San Francisco Bay dive for a mean time of 
0.50 minutes to 3.33 minutes (Harvey and Torok, 1994), and the mean 
diving duration for harbor porpoises ranges from 44 to 103 seconds 
(Westgate et al., 1995).

Soft Start

    A ``soft-start'' technique is intended to allow marine mammals to 
vacate the area before the pile driver reaches full power. For 
vibratory hammers, the contractor will initiate the driving for 15 
seconds at reduced energy, followed by a 1-minute waiting period when 
there has been downtime of 30 minutes or more. 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 before initiating 
continuous driving.

Shutdown Measures

    Although no marine mammal exclusion zone exists due to the 
implementation of noise attenuation devices (i.e., bubble curtain), 
USCG

[[Page 57054]]

shall discontinue pile driving or pile removal activities if a marine 
mammal within the ZOI appears disturbed by the work activity. Work may 
not resume until the animal leaves the ZOI, or the required minutes 
have passed before the disturbed animal is 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 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 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.

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. 
USCG submitted a marine mammal monitoring plan as part of the IHA 
application. The plan can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
    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, temporary 
threshold shift (TTS), or permanent threshold shift (PTS); and
    (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.

Monitoring Measures

    USCG shall employ NMFS-approved protected species observers (PSOs) 
to conduct marine mammal monitoring for its Station Monterey waterfront 
repair project.
    Before the start of the waterfront repair work, baseline biological 
monitoring shall be conducted to survey the potential Level A and B 
harassment zones on 2 separate days within 1 week before the first day 
of construction. Biological information collected during baseline 
monitoring will be used for comparison with results of monitoring 
during pile driving and removal activities.
    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 USCG pier, jetty, adjacent docks 
within the harbor, to maintain an excellent view of the exclusion zone 
and adjacent areas during the survey period. Monitors would be equipped 
with radios or cell phones for maintaining contact with work crews.
    Vessel-based visual marine mammal monitoring within the 120 dB and 
160 dB ZOIs shall be conducted during 10% of the vibratory pile driving 
and removal and impact pile driving activities, respectively.
    Data collection during marine mammal monitoring will consist of a 
count of all marine mammals by species, a description of behavior (if

[[Page 57055]]

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

    USCG would be required to submit weekly monitoring reports that 
summarize the monitoring results, construction activities and 
environmental conditions to NMFS.
    A final report would be submitted to NMFS within 90 days after 
completion of the proposed project.
    In addition, NMFS requires USCG 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. 
USCG 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 an injured or dead marine mammal is found by USCG 
that is not in the vicinity of the Station Monterey construction site, 
USCG would report the same information as listed above as soon as 
operationally feasible to NMFS.

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].
    As discussed above, in-water pile driving (vibratory and impact) 
and pile removal generate loud noises that could potentially harass 
marine mammals in the vicinity of the USCG's proposed Station Monterey 
waterfront repair.
    Currently NMFS uses 120 dB re 1 [micro]Pa and 160 dB re 1 [micro]Pa 
at the received levels for the onset of Level B harassment for non-
impulse (vibratory pile driving and removal) and impulse sources 
(impact pile driving) underwater, respectively. For airborne noises, 
NMFS uses 90 dB re 20 [micro]Pa and 100 dB re 20 [micro]Pa at the 
received levels for the onset of Level B harassment for harbor seal and 
all pinnipeds except harbor seal, respectively. Table 2 summarizes the 
current NMFS marine mammal take criteria.

                       Table 2--Current Acoustic Exposure Criteria for Non-Explosive Sound
----------------------------------------------------------------------------------------------------------------
               Criterion                          Criterion definition                       Threshold
----------------------------------------------------------------------------------------------------------------
                                                Underwater Noise
----------------------------------------------------------------------------------------------------------------
Level A Harassment (Injury)...........  Permanent Threshold Shift (PTS) (Any      180 dB re 1 [mu]Pa (cetaceans)/
                                         level above that which is known to        190 dB re 1 [mu]Pa
                                         cause TTS).                               (pinnipeds).
                                                                                  root mean square (rms).
Level B Harassment....................  Behavioral Disruption (for impulse        160 dB re 1 [mu]Pa (rms).
                                         noises).
Level B Harassment....................  Behavioral Disruption (for non-impulse    120 dB re 1 [mu]Pa (rms).
                                         noise).
----------------------------------------------------------------------------------------------------------------
                                                 Airborne Noise
----------------------------------------------------------------------------------------------------------------
Level B Harassment....................  Behavioral Disruption (for harbor seal).  90 dB re 20 [mu]Pa.
Level B Harassment....................  Behavioral Disruption (for pinnipeds      100 dB re 20 [mu]Pa.
                                         other than harbor seal).
----------------------------------------------------------------------------------------------------------------

    The take calculations presented here relied on the best data 
currently available for marine mammal populations at the jetty and in 
the nearby waters of Monterey Bay. The population data used are 
discussed in each species take calculation subsection below. The 
formula below was developed for calculating take due to pile driving 
and is applied to each group-specific noise impact threshold. The 
formula is founded on the following assumptions:
     All piles to be installed would have a noise disturbance 
distance equal to the pile that causes the greatest noise disturbance 
(i.e., the piling furthest from shore, in this case the farthest east 
pile along the jetty).
     It is estimated that an average of two or three piles will 
be installed and removed per day. The best estimate of the number of 
days during which pile driving would occur is 10 days, and this was 
used in all modeling calculations.
     Mitigation (e.g., a noise attenuation system such as a 
bubble curtain) would be used during impact pile driving.
     An individual animal can only be taken once per method of 
installation during a 24 hour period.
    The calculation for marine mammal take uses the following formula:

Take Estimate = (n x ZOI) x 10 days of activity

Where:

n (number of animals per unit area) = the density estimate used for 
each species. The unit of area is km\2\.
ZOI (zone of influence) = the area encompassed by all locations 
where the sound pressure levels equal or exceed the threshold being 
evaluated.

    Multiplying n x ZOI produces an estimate of the abundance of 
animals that could be present in the area of exposure per day. The 
final take estimate must be a whole number; therefore, values are 
rounded up to the next whole number.
    The ZOI impact is the estimated range of noise impact for a given 
threshold. Because the work will be conducted near the jetty, 
underwater noise is not expected to spread spherically from the source. 
Underwater noise contours were therefore modeled using SoundPlan. The 
contours were then imported to ArcGIS to calculate the area within the 
contours and determine the ZOI for each threshold. The ZOI for 
vibratory pile driving encompasses the area out to the 120 dB isopleth 
(Level B threshold), while the ZOI for impact driving encompasses the 
area out to the 160 dB isopleth (Level B threshold). It is assumed that 
an underwater noise attenuation system, such as a bubble curtain with 
an estimated 10 dB attenuation, would be used as a mitigation measure. 
However, the actual attenuation that will be achieved in the field is 
unknown and would likely vary with each installation.

[[Page 57056]]

    Airborne noise would spread spherically from the source; therefore, 
the ZOI for airborne impacts was calculated as the area within a circle 
(Area = pi x radius\2\).
    Although 10 days of total in-water work are proposed, pile 
extraction or driving would only occur periodically in that time, as 
described in earlier in this document. An average work day (beginning 2 
hours after sunrise and ending 2 hours before sunset) is approximately 
8 to 9 hours, depending on the month. Although it is anticipated that 
only 30 to 70 minutes would be spent pile driving per day, to take into 
account deviations from the estimated times for pile installation and 
extraction--and to account for the additional use of the impact pile 
driver in case of failure of the vibratory hammer to reach the desired 
embedment depth--the potential impacts were modeled as if the entire 
day could be spent pile driving.
    The exposure assessment methodology estimates the number of 
individuals that would be exposed, because of pile extraction and 
driving activities, to noise levels that exceed established NMFS 
thresholds. Results of the acoustic impact exposure assessments should 
be regarded as conservative estimates that are strongly influenced by 
limited biological data. Although the numbers generated from the pile 
driving exposure calculations provide estimates of marine mammal 
exposures for consideration by NMFS, the short duration and limited 
extent of the repairs would limit actual exposures.
    Based on the modeling results presented above, it is estimated that 
up to 2,099 Level B harassment takes of various species due to 
underwater and airborne noise from impact pile driving operations, and 
up to 2,849 Level B harassment takes of various species from vibratory 
pile driving and removal due to underwater and airborne noise. A 
summary of the take estimates is provided in Table 3.

               Table 3--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
 
                                                                                 Percentage of
                                  Estimated     Estimated take   Abundance of        stock
                                   density        by level B         stock        potentially   Population trend
                                                  harassment                       affected
 
California sea lion..........  At-sea: 8.62              4,231         396,750            1.06  Stable.
                                per km\2\.
                               Haul-out: 250..
Harbor seal..................  0.965 per km\2\              70          30,196            0.20  Stable.
Harbor porpoise..............  0.999 per km\2\              77           1,492            5.16  Stable.
Killer whale (Eastern North    Rare...........               6             240            2.50  Stable.
 Pacific offshore).
Killer whale (west coast       Rare...........               6             354            1.70  Stable.
 transient).
Risso's dolphin..............  0.122 per km\2\              10           6,272            0.16  Stable.
Bottlenose dolphin...........  0.122 per km\2\              10             323            3.10  Stable.
Gray whale...................  Rare...........               6          19,126            0.03  Stable.
 

Analysis and 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.
    The USCG's proposed Station Monterey waterfront repair project 
would conduct pile driving and pile removal activities. Elevated 
underwater noises are expected to be generated as a result of pile 
driving and pile removal. However, USCG would use noise attenuation 
devices (i.e., bubble curtain) during the impact pile driving, thus 
eliminating potential for injury (PTS) and TTS. For vibratory pile 
driving and pile removal, noise levels are not expected to reach to the 
level that may cause TTS, injury (PTS included), or mortality to marine 
mammals. Therefore, NMFS does not expect that any animals would 
experience Level A (including injury) harassment or Level B harassment 
in the form of TTS from being exposed to in-water pile driving and pile 
removal associated with USCG construction project.
    In addition, the USCG's proposed activities are localized and of 
short duration. The entire project area is limited to the USCG's 
Station Monterey pier and jetty. The entire waterfront repair project 
would replace 17 timber piles with small 14-inch steel pipe piles. The 
entire duration for pile driving is expected to be fewer than 10 days, 
assuming driving two piles per day. The duration for driving each pile 
would be about 20 to 25 minutes (vibratory or impact). 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. 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 Station 
Monterey waterfront repair 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. 
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 finds that the total marine mammal take from 
USCG Station Monterey waterfront repair 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 4,231 California sea lions, 70 Pacific harbor seals, 77 
harbor porpoises, 6 Eastern North Pacific offshore or West coast 
transient killer whales (or a combination of both stocks), 10 Risso's 
dolphins, 10 bottlenose dolphins, and 6 gray whales could be exposed to 
received noise

[[Page 57057]]

levels that could cause Level B behavioral harassment from the proposed 
construction work at the USCG Station Monterey. These numbers represent 
approximately 0.03%-5.16% of the stocks and populations of these 
species that could be affected by Level B behavioral harassment.
    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, NMFS 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 relevant subsistence uses of marine mammals 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)

    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)

    In January 2014, the USCG prepared a Final Environmental Assessment 
for Waterfront Repairs at United States Coast Guard Station Monterey, 
Monterey, California (EA) and provided supplement information on July 
30, 2014. NMFS has reviewed the EA and concluded that the environmental 
consequences analyzed are reflect NMFS' action of issuance of an IHA to 
USCG. Therefore, NMFS determined to adopt the USCG EA and will not 
prepare its own EA or EIS for this action.

Authorization

    NMFS has issued an IHA to USCG for the potential harassment of 
small numbers of marine mammal species incidental to its waterfront 
repair project at Station Monterey in California, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.

    Dated: September 18, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-22618 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-22-P