[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54535-54544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22776]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD977


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Mukilteo Multimodal Project 
Tank Farm Pier Removal Project

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that we, NMFS, have issued an incidental harassment authorization (IHA) 
to the Washington State Department of Transportation Ferries System 
(WSF) to harass, by Level B harassment only, small numbers of eight 
marine mammal species incidental to construction work associated with 
the Mukilteo Ferry Terminal replacement project in Mukilteo, Snohomish 
County, Washington.

DATES: This authorization is effective from September 1, 2015 through 
August 31, 2016.

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

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of WSF's application and supporting documents, 
as well as a list of the references cited in this document, may be 
obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these 
documents, please call the contact listed above (see FOR FURTHER 
INFORMATION CONTACT).

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.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as `` . . . an impact resulting from the specified activity that cannot 
be reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the U.S. can apply for an authorization to 
incidentally take small numbers of marine mammals by harassment. 
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS' review 
of an application followed by a 30-day public notice and comment period 
on any proposed authorizations for the incidental harassment of marine 
mammals. Within 45 days of the close of the comment period, NMFS must 
either issue or deny the authorization. Except with respect to

[[Page 54536]]

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 November 6, 2014, WSF submitted a request to NOAA requesting an 
IHA for the possible harassment of small numbers of eight marine mammal 
species incidental to construction work associated with the Mukilteo 
Ferry Terminal replacement project in Mukilteo, Snohomish County, 
Washington. The new terminal will be located to the east of the 
existing location at the site of the former U.S. Department of Defense 
Fuel Supply Point facility, known as the Tank Farm property, which 
includes a large pier extending into Possession Sound. Completion of 
the entire project will occur over 4 consecutive years. WSF plans to 
submit an IHA request for each consecutive year of construction. WSF 
previously received an IHA on July 25, 2014 (79 FR 43424) which was 
active from September 1, 2014 through August 31, 2015. However, the 
project was delayed for one year and did not begin until August 1, 
2015. The IHA application currently under review would cover work from 
September 1, 2015 through August 31, 2016. Due to NMFS, U.S. Fish and 
Wildlife Service (USFWS), and Washington State Department of Fish and 
Wildlife (WDFW) in-water work timing restrictions to protect salmonids 
listed under the Endangered Species Act (ESA), planned WSF in-water 
construction is limited each year to August 1 through February 15. For 
removal of the Tank Farm Pier, which is the first stage of the project, 
in-water construction will take place between August 1, 2015 and 
February 15, 2016; and continue between August 1, 2016 and February 15, 
2017, if pier removal is not completed during the 2015/16 work window. 
A new MMPA IHA application will be submitted for subsequent 
construction years for this project. Species that may be exposed to 
Level B harassment include Pacific harbor seal (Phoca vitulina 
richardsi), California sea lion (Zalophus californianus), Steller sea 
lion (Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall's 
porpoise (Phocoenoides dalli), killer whale (Orcinus orca), gray whale 
(Eschrichtius robustus), and humpback whale (Megaptera novaeangliae)

Description of the Specified Activity

Overview

    WSF is seeking an IHA for the first year of construction work 
associated with the Mukilteo Ferry Terminal replacement project in 
Mukilteo, Snohomish County, Washington. The IHA covers the initial 
phase of the project which is the demolition and removal of the 
Mukilteo Tank Farm Pier. Piles will be removed with a vibratory hammer 
or by direct pull using a chain wrapped around the pile.

Dates and Duration

    WSF previously received an IHA on July 25, 2014 (79 FR 43424) which 
was active from September 1, 2014 through August 31, 2015. However, the 
project was delayed for almost a full year and did not begin until 
August 1, 2015. The IHA application currently under review would cover 
work from September 1, 2015 through August 31, 2016. All existing pier 
demolition and pile removal work will be done under these two 
successive permits. WSF in-water construction is limited each year to 
August 1 through February 15. For removal of the Tank Farm Pier, in-
water construction is planned to take place between August 1, 2015 and 
February 15, 2016; and continue in August 1, 2016 to February 15, 2017, 
if pier removal and dredging is not completed during the 2015/16 work 
window.

Specific Geographic Region

    The Mukilteo Tank Farm is located within the city limits of 
Mukilteo and Everett, Snohomish County, Washington. The property is 
located on the shore of Possession Sound, an embayment of the inland 
marine waters of Puget Sound.

Detailed Description of Activities

    We provided a description of the proposed action in our Federal 
Register notice announcing the proposed authorization (80 FR 43720; 
July 23, 2015). Please refer to that document; we provide only summary 
information here.
    The Mukilteo Tank Farm Pier, which has not been used for fuel 
transfers since the late 1970s, covers approximately 138,080 ft\2\ 
(3.17 acres) over-water and contains approximately 3,900 12-inch 
diameter creosote-treated piles. Demolition of the pier will remove 
approximately 7,300 tons of creosote-treated timber from the aquatic 
environment. Demolition will take approximately ten months over two in-
water work windows. Removal of the pier will occur from land and from a 
barge containing a derrick, crane and other necessary equipment. Piles 
will be removed with a vibratory hammer or by direct pull using a chain 
wrapped around the pile. If piles are so deteriorated they cannot be 
removed using either the vibratory or direct pull method, the operator 
will use a clamshell to pull the piles from below the mudline, or cut 
at or just below the mudline (up to one foot) using a hydraulic saw. 
Pile removal and demolition of creosote-treated timber elements of the 
Tank Farm Pier will take place between August 1 and February 15 and 
will occur in water depths between 0 and -30 feet mean lower-low water. 
Noise produced by the proposed vibratory pile extraction may impact 
marine mammals. Direct pull and clamshell removal are not expected to 
exceed noise levels that would injure or harass marine mammals.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA was published in the 
Federal Register on July 23, 2015 (80 FR 43720). During the 30-day 
public comment period, the Marine Mammal Commission (Commission) and 
Mystic Sea Charters (MSC) each submitted letters. These letters are 
available on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. All comments specific to the WSF application that 
address the statutory and regulatory requirements or findings NMFS must 
make to issue an IHA are addressed in this section of the Federal 
Register notice.
    Comment 1: The Commission noted that NMFS has, at times, included a 
much abbreviated timeframe under which it considers public comments 
prior to issuing authorizations. The deadline for comments on the 
proposed incidental harassment authorization is August 24 2015, while 
the proposed incidental harassment authorization would be effective 
starting on September 1, 2015. The Commission expressed concerned that 
the time between the close of the comment period and the proposed 
issuance date (6 business days) does not provide adequate opportunity 
for NMFS to consider, provide responses to, and incorporate any changes 
prompted by comments from the Commission and the public. The Commission 
recommends that NMFS allow sufficient time between the close of the 
comment period and the issuance of an incidental harassment 
authorization for NMFS to analyze, consider, and respond fully to

[[Page 54537]]

comments received and incorporate recommended changes, as appropriate.
    Response 1: The amount of time needed to fully consider comments on 
a proposed IHA depends on the volume and complexity of comments we 
receive. In this case, we believe there was sufficient time to consider 
and respond to the comments we received.
    Comment 2: MSC commented that the areas affected by the proposed 
project should require constant monitoring from both land and water.
    Response 2: NMFS has worked with WSF to develop a monitoring plan 
requiring two full-time observers stationed at different locations. 
This scenario will provide observers with a comprehensive view of the 
entire zone of influence. However, if weather precludes adequate land-
based observations then boat-based monitoring will be employed.
    Comment 3: MSC recommended that potential impacts to wildlife other 
than marine mammals should also be evaluated and suggested for 
consideration several avian species known to occur in the area.
    Response 3: NMFS authority under section 101(a)(5)(D) of the MMPA 
is limited to evaluating and minimizing impacts on marine mammals. 
Other statutes administered primarily by the U.S. Fish and Wildlife 
(FWS) have been enacted to protect and conserve a wide range of avian 
species. Loons and eagles are both afforded protection under the 
Migratory Bird Treaty Act. Eagles are subject to additional protection 
under the Bald and Golden Eagle Protection Act. While marbled murrelets 
are listed as threatened under the Endangered Species Act, FWS issued a 
Biological Opinion on July 8, 2013 which concluded with a ``may affect, 
not likely to adversely affect'' determination for marbled murrelets.
    Comment 4: MSC expressed concern about the potential impacts of the 
project on harbor porpoises. MSC indicated that they have observed 
schools of harbor porpoises jumping into the air to escape loud sounds.
    Response 4: As part of the IHA issuance process, NMFS reviewed the 
best available information to assess potential effects of the activity 
on harbor porpoises and determined that impacts will be negligible. 
Accordingly, NMFS has authorized the take of 1,120 harbor porpoises by 
Level B harassment under this IHA. The conditions of this IHA include 
measures to avoid injury and minimize disturbance to harbor porpoises 
and seven other marine mammal species.

Description of Marine Mammals in the Area of the Specified Activity

    There are eight marine mammal species known to occur in the 
vicinity of the project which may be subjected to Level B harassment. 
These include the Pacific harbor seal, California sea lion, Steller sea 
lion, harbor porpoise, Dall's porpoise, killer (southern resident and 
transient), gray whale, and humpback whale.
    We have reviewed WSF's detailed species descriptions, including 
life history information, for accuracy and completeness and refer the 
reader to Section 3 of WSF's application as well as the proposed 
incidental harassment authorization published in the Federal Register 
(80 FR 43720) instead of reprinting the information here. Please also 
refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for 
generalized species accounts which provide information regarding the 
biology and behavior of the marine resources that occur in the vicinity 
of the Mukilteo project area. We provided additional information for 
the potentially affected stocks, including details of stock-wide 
status, trends, and threats, in our Federal Register notice of proposed 
authorization (80 FR 43720).
    Table 1 lists marine mammal stocks that could occur in the vicinity 
of the Mukilteo project that may be subject to Level B harassment and 
summarizes key information regarding stock status and abundance. Please 
see NMFS' Stock Assessment Reports (SAR), available at 
www.nmfs.noaa.gov/pr/sars, for more detailed accounts of these stocks' 
status and abundance.

                Table 1--List of Marine Species Under NMFS Jurisdiction That Occur in the Vicinity of the Mukilteo Tank Farm Pier Project
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              Species                           ESA status                        MMPA status             Timing of occurrence   Frequency of occurrence
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Harbor Seal........................  Unlisted........................  Non-depleted....................  Year-round...........  Common.
California Sea Lion................  Unlisted........................  Non-depleted....................  August-April.........  Common.
Steller Sea Lion...................  Delisted........................  Strategic/Depleted..............  October-May..........  Rare.
Harbor Porpoise....................  Unlisted........................  Non-depleted....................  Year-round...........  Occasional.
Dall's Porpoise....................  Unlisted........................  Non-depleted....................  Year-round (more       Occasional.
                                                                                                          common in winter).
Killer Whale (Southern Resident)...  Endangered......................  Strategic/Depleted..............  October-March........  Occasional.
Killer Whale (Transient)...........  Unlisted........................  Strategic/Depleted..............  March-May              Occasional.
                                                                                                          (intermittently year-
                                                                                                          round).
Gray Whale.........................  Delisted........................  Non-depleted....................  January-May..........  Occasional.
Humpback Whale.....................  Endangered......................  Strategic/Depleted..............  April-June...........  Occasional.
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Potential Effects of the Specified Activity on Marine Mammals

    The Federal Register notice of proposed authorization (80 FR 
43720), incorporated here by reference, provides a general background 
on sound relevant to the specified activity as well as a detailed 
description of marine mammal hearing and of the potential effects of 
these construction activities on marine mammals. That information has 
not changed.

Anticipated Effects on Habitat

    The Federal Register notice of proposed authorization (80 FR 
43720), incorporated here by reference, provides information on 
potential impacts to habitat. In summary, 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 for individual marine mammals or 
their populations. Removal of the creosote-treated wood piles from the 
marine environment will result in temporary and localized sediment re-
suspension of some of the contaminants associated with creosote, such 
as polycyclic aromatic hydrocarbons. However, the long-term result is 
an improvement in water and sediment quality. The net impact is a 
benefit to

[[Page 54538]]

marine organisms, especially toothed whales and pinnipeds that are high 
on the food chain and bioaccumulate these toxins.

Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable impact 
on such species or stock and its habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking'' for certain 
subsistence uses.
    Measurements from similar pile driving events were coupled with 
practical spreading loss to estimate zones of influence (ZOI; see 
``Estimated Take by Incidental Harassment''). ZOIs are often used to 
establish a mitigation zone around each pile (when deemed practicable) 
to prevent Level A harassment to marine mammals, and also provide 
estimates of the areas within which Level B harassment might occur. 
ZOIs may vary between different diameter piles and types of 
installation methods. WSF will employ the following mitigation 
measures:
    (a) Conduct briefings between construction supervisors and crews 
and marine mammal monitoring teams prior to the start of all pile 
driving activity, and when new personnel join the work, in order to 
explain responsibilities, communication procedures, marine mammal 
monitoring protocol, and operational procedures.
    (b) For in-water heavy machinery work other than pile driving 
(using, e.g., standard barges, tug boats, barge-mounted excavators, or 
clamshell equipment used to place or remove material), if a marine 
mammal comes within 10 m, operations shall cease and vessels shall 
reduce speed to the minimum level required to maintain steerage and 
safe working conditions. This type of work could include the following 
activities: (1) Movement of the barge to the pile location or (2) 
positioning of the pile on the substrate via a crane (i.e., stabbing 
the pile).

Monitoring and Shutdown for Pile Driving

    The following measures apply to WSF's mitigation through shutdown 
and disturbance:
    Shutdown Zone--For all pile driving activities, WSF will establish 
a shutdown zone. Shutdown zones are typically used to contain the area 
in which SPLs equal or exceed the 180/190 dB rms acoustic injury 
criteria for cetaceans and pinnipeds, respectively, with the purpose 
being to define an area within which shutdown of activity would occur 
upon sighting of a marine mammal (or in anticipation of an animal 
entering the defined area), thus preventing injury of marine mammals. 
For vibratory driving, WSF's activities are not expected to produce 
sound at or above the 180 dB rms injury criterion. WSF would, however, 
implement a minimum shutdown zone of 10 m radius for all marine mammals 
around all vibratory extraction activity. This precautionary measure is 
intended to further reduce the unlikely possibility of injury from 
direct physical interaction with construction operations.
    Disturbance Zone Monitoring--WSF will establish disturbance zones 
corresponding to the areas in which SPLs equal or exceed 122 dB rms 
(Level B harassment threshold for continuous sound, adjusted upward to 
account for ambient noise levels in this area) for pile driving 
installation and removal. The disturbance zones will provide utility 
for monitoring conducted for mitigation purposes (i.e., shutdown zone 
monitoring) by establishing monitoring protocols for areas adjacent to 
the shutdown zones. Monitoring of disturbance zones will enable 
observers to be aware of and communicate the presence of marine mammals 
in the project area but outside the shutdown zone and thus prepare for 
potential shutdowns of activity. However, the primary purpose of 
disturbance zone monitoring will be to document incidents of Level B 
harassment.
    Ramp Up (Soft Start)--Vibratory hammer use for pile removal and 
pile driving shall be initiated at reduced power for 15 seconds with a 
1 minute interval, and be repeated with this procedure for an 
additional two times. This will allow marine mammals to move away from 
the sound source.
    Time Restrictions--Work would occur only during daylight hours, 
when visual monitoring of marine mammals can be conducted. In addition, 
for salmonid protection, all in-water construction will be limited to 
the period between August 1, 2015 and February 15, 2016; and continue 
in August 1, 2016 until the IHA expires on August 31, 2016.
    Southern Resident Killer Whale--The following steps will be 
implemented for ESA-listed southern resident killer whales to avoid or 
minimize take (see Appendix B of the application--Monitoring Plan):
    [ssquf] If Southern Residents approach the zone of influence (ZOI) 
during vibratory pile removal, work will be paused until the Southern 
Residents exit the ZOI. The ZOI is the area co-extensive with shutdown 
and Level B harassment zones.
    [ssquf] If any killer whales approach the ZOI during vibratory pile 
removal, and it is unknown whether they are Southern Resident killer 
whales or transients, it shall be assumed they are Southern Residents 
and work will be paused until the whales exit the ZOI.
    [ssquf] If any Southern Residents enter the ZOI before they are 
detected, work will be paused until the Southern Residents exit the ZOI 
to avoid further Level B harassment take.

Mitigation Conclusions

    NMFS has carefully evaluated WSF's proposed mitigation measures and 
considered their effectiveness in past implementation to determine 
whether they are likely to effect 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: (1) The manner in which, 
and the degree to which, the successful implementation of the measure 
is expected to minimize adverse impacts to marine mammals, (2) the 
proven or likely efficacy of the specific measure to minimize adverse 
impacts as planned; and (3) the practicability of the measure for 
applicant implementation.
    Any mitigation measure(s) we prescribe 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 number (total number or number at 
biologically important time or location) of individual marine mammals 
exposed to stimuli expected to result in incidental take (this goal may 
contribute to 1, above, or to reducing takes by behavioral harassment 
only).
    (3) A reduction in the number (total number or number at 
biologically important time or location) of times any individual marine 
mammal would be exposed to stimuli expected to result in incidental 
take (this goal may contribute to 1, above, or to reducing takes by 
behavioral harassment only).
    (4) A reduction in the intensity of exposure to stimuli expected to 
result in incidental take (this goal may contribute to 1, above, or to 
reducing the severity of behavioral harassment only).
    (5) Avoidance or minimization of adverse effects to marine mammal

[[Page 54539]]

habitat, paying particular attention to the prey base, blockage or 
limitation of passage to or from biologically important areas, 
permanent destruction of habitat, or temporary 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 WSF's proposed measures, including 
information from monitoring of implementation of mitigation measures 
very similar to those described here under previous IHAs from other 
marine construction projects, we have determined that the proposed 
mitigation measures provide the means of effecting the least 
practicable impact on marine mammal species or stocks and their 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance.

Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
incidental take authorizations must include the suggested means of 
accomplishing the necessary monitoring and reporting that will result 
in increased knowledge of the species and of the level of taking or 
impacts on populations of marine mammals that are expected to be 
present in the proposed action area.
    Any monitoring requirement we prescribe should improve our 
understanding of one or more of the following:
    (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.
    WSF has consulted with NMFS to create a marine mammal monitoring 
plan as part of the IHA application for this project. The monitoring 
plan proposed by WSF can be found in its IHA application. A summary of 
the primary components of the plan follows.
(1) Marine Mammal Monitoring Coordination
    WSF will conduct briefings between the construction supervisors and 
the crew and protected species observers (PSOs) prior to the start of 
pile-driving activity, marine mammal monitoring protocol and 
operational procedures.
    Prior to the start of pile driving, the Orca Network and/or Center 
for Whale Research will be contacted to find out the location of the 
nearest marine mammal sightings. The Orca Sightings Network consists of 
a list of over 600 (and growing) residents, scientists, and government 
agency personnel in the U.S. and Canada. Sightings are called or 
emailed into the Orca Network and immediately distributed to other 
sighting networks including: The NMFS Northwest Fisheries Science 
Center, the Center for Whale Research, Cascadia Research, the Whale 
Museum Hotline and the British Columbia Sightings Network.
    Sighting information collected by the Orca Network includes 
detection by hydrophone. The SeaSound Remote Sensing Network is a 
system of interconnected hydrophones installed in the marine 
environment of Haro Strait (west side of San Juan Island) to study 
killer whale communication, in-water noise, bottom fish ecology and 
local climatic conditions. A hydrophone at the Port Townsend Marine 
Science Center measures average in-water sound levels and automatically 
detects unusual sounds. These passive acoustic devices allow 
researchers to hear when different marine mammals come into the region. 
This acoustic network, combined with the volunteer (incidental) visual 
sighting network allows researchers to document presence and location 
of various marine mammal species.
    With this level of coordination in the region of activity, WSF will 
be able to get real-time information on the presence or absence of 
whales before starting any pile removal or driving.
(2) Protected Species Observers (PSOs)
    WSF will employ qualified PSOs to monitor the 122 dBrms 
re 1 [mu]Pa for marine mammals. Qualifications for marine mammal 
observers include:
     Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance. Use of binoculars 
will be necessary to correctly identify the target.
     Advanced education in biological science, wildlife 
management, mammalogy or related fields (Bachelor's degree or higher) 
is preferred, but not required.
     Experience or training in the field identification of 
marine mammals (cetaceans and pinnipeds).
     Sufficient training, orientation or experience with the 
construction operation to provide for personal safety during 
observations.
     Ability to communicate orally, by radio or in person, with 
project personnel to provide real time information on marine mammals 
observed in the area as necessary.
     Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience).
     Writing skills sufficient to prepare a report of 
observations that would include such information as the number and type 
of marine mammals observed; the behavior of marine mammals in the 
project area during construction, dates and times when observations 
were conducted; dates and times when in-water construction activities 
were conducted; and dates and times when marine mammals were present at 
or within the defined ZOI.
(3) Monitoring Protocols
    PSOs will be present on site at all times during pile removal and 
driving. Marine mammal behavior, overall numbers of individuals 
observed, frequency of observation, and the time

[[Page 54540]]

corresponding to the daily tidal cycle will be recorded.
    WSF proposed the following methodology to estimate marine mammals 
taken as a result of the Mukilteo Multimodal Tank Farm Pier removal 
project:
     During vibratory pile removal, two land-based biologists 
will monitor the area from the best observation points available. If 
weather conditions prevent adequate land-based observations, boat-based 
monitoring may be implemented.
     To verify the required monitoring distance, the vibratory 
Level B behavioral harassment ZOI will be determined by using a range 
finder or hand-held global positioning system device.
     The vibratory Level B acoustical harassment ZOI will be 
monitored for the presence of marine mammals 30 minutes before, during, 
and 30 minutes after any pile removal activity.
     Monitoring will be continuous unless the contractor takes 
a significant break, in which case, monitoring will be required 30 
minutes prior to restarting pile removal.
     If marine mammals are observed, their location within the 
ZOI, and their reaction (if any) to pile-driving activities will be 
documented.

Data Collection

    We require that observers use approved data forms. Among other 
pieces of information, WSF will record detailed information about any 
implementation of shutdowns, including the distance of animals to the 
pile and description of specific actions that ensued and resulting 
behavior of the animal, if any. In addition, WSF will attempt to 
distinguish between the number of individual animals taken and the 
number of incidents of take. We require that, at a minimum, the 
following information be collected on the sighting forms:
     Date and time that monitored activity begins or ends;
     Construction activities occurring during each observation 
period;
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
     Distance from pile driving activities to marine mammals 
and distance from the marine mammals to the observation point;
     Locations of all marine mammal observations; and
     Other human activity in the area.

Reporting

    WSF would provide NMFS with a draft monitoring report within 90 
days of the conclusion of the proposed construction work. This report 
will detail the monitoring protocol, summarize the data recorded during 
monitoring, and estimate the number of marine mammals that may have 
been harassed. If comments are received from the NMFS Northwest 
Regional Administrator or NMFS Office of Protected Resources on the 
draft report, a final report will 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.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, 
section 3(18) of the MMPA defines ``harassment'' as: ``any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [Level A harassment]; 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering [Level B harassment].''
    WSF has requested authorization for the incidental taking of small 
numbers of humpback whale, Steller sea lion, California sea lion, 
Dall's porpoise, gray whale, harbor porpoise and killer whale near the 
Mukilteo Tank Farm Pier that may result from vibratory pile extraction 
activities.
    All anticipated takes would be by Level B harassment resulting from 
vibratory pile removal and are likely to involve temporary changes in 
behavior. Injurious or lethal takes are not expected due to the 
expected source levels and sound source characteristics associated with 
the activity, and the proposed mitigation and monitoring measures are 
expected to further minimize the possibility of such take.
    Given the many uncertainties in predicting the quantity and types 
of impacts of sound on marine mammals, it is common practice to 
estimate how many animals are likely to be present within a particular 
distance of a given activity, or exposed to a particular level of 
sound.
    We note that this practice potentially overestimates the numbers of 
marine mammals taken for stationary activities, as it is reasonable to 
assume that some individuals may accrue a number of incidences of 
harassment rather than each incidence of harassment accrues to a new 
individual, especially if those individuals display some degree of 
residency or site fidelity and the impetus to use the site (e.g., 
because of foraging opportunities) is stronger than the deterrence 
presented by the harassing activity.
    In order to estimate the potential incidents of take that may occur 
incidental to the specified activity, we must first estimate the extent 
of the sound field that may be produced by the activity and then 
consider in combination with information about marine mammal density or 
abundance in the project area. We provided detailed information on 
applicable sound thresholds for determining effects to marine mammals 
as well as describing the information used in estimating the sound 
fields, the available marine mammal density or abundance information, 
and the method of estimating potential incidences of take, in our 
Federal Register notice of proposed authorization (80 FR 43720).
    Currently NMFS uses 120 dBrms re 1 [mu]Pa received level 
for non-impulse noises (such as vibratory pile driving, saw cutting, 
drilling, and dredging) for the onset of marine mammal Level B 
behavioral harassment. However, since the ambient noise level at the 
vicinity of the proposed project area is between 122 to 124 dB re 1 
[mu]Pa, depending on marine mammal functional hearing groups (Laughlin 
2011b), the received level of 120 dB re 1 [mu]Pa would be below the 
ambient level. Therefore, for this project, 122 dB re 1 [mu]Pa is used 
as the threshold for Level B behavioral harassment. The distance to the 
122 dB contour Level B acoustical harassment threshold due to vibratory 
pile removal extends a maximum of 1.6 km as is shown in Figure 1-5 in 
the Application.
    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 Tank Farm Pier 
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, in some cases take requests were 
estimated using local marine mammal data sets (e.g., Orca Network, 
state and federal agencies), opinions from state and federal agencies, 
and observations from Navy biologists.

[[Page 54541]]

    Harbor seal--Based on the ORCA monitoring, NMFS' analysis uses a 
conservative estimate of 13 harbor seals per day potentially within the 
ZOI. For Year One pile removal, the duration estimate is 975 hours over 
140 days. For the exposure estimate, it will be conservatively assumed 
that 13 harbor seals may be present within the ZOI and be exposed 
multiple times during the project. The calculation for marine mammal 
exposures is estimated by:

Exposure estimate = N * 140 days of vibratory pile removal activity,

where:

N = # of animals (13)
Exposure estimate = 13 * 140 days = 1,820

    NMFS is authorizing 1,820 takes by Level B harassment. However, 
many of these takes are likely to be repeated exposures of individual 
animals.
    California Sea Lion--Based on the ORCA monitoring this analysis 
uses a conservative estimate of 6 California sea lions per day 
potentially within the ZOI.

Exposure estimate = 6 * 140 days = 840

    NMFS is authorizing 840 takes of California sea lions by Level B 
harassment. Many of these takes are likely to be repeated exposures of 
individual animals.
    Steller Sea Lion--Based on the observation data from Craven Rock, 
this analysis uses a conservative estimate of 12 Steller sea lions per 
day potentially near the ZOI. However, given the distance from this 
haul-out to the Tank Farm Pier, it is not expected that the same 
numbers would be present in the ZOI. For the exposure estimate, it will 
be conservatively assumed that 1/6th of the Steller sea lions observed 
at Craven Rock (2 animals) may be present within the ZOI and be exposed 
multiple times during the project for total of 2 animals.

Exposure estimate = 2 * 140 days = 280

    NMFS is authorizing 280 takes of Steller sea lions by Level B 
harassment. It is likely that many of these takes will be repeated 
exposures of individual animals.
    Harbor Porpoise--Based on the water depth within the ZOI and group 
size, this analysis uses a conservative estimate of 8 harbor porpoises 
per day potentially near the ZOI.

Exposure estimate = 8 * 140 days = 1,120

    NMFS is authorizing the Level B take of 1,120 takes of harbor 
porpoises by Level B harassment. Again, many of these takes are likely 
to be repeated exposures of individual animals.
    Dall's Porpoise--Based on the average winter group size, as 
described in Section 3.0 of the Application, this analysis uses a 
conservative estimate of 3 Dall's porpoises per day potentially near 
the ZOI.

Exposure estimate = 3 * 140 days = 420

    NMFS is authorizing 420 takes of Dall's porpoise by Level B 
harassment. A number of these anticipated takes are likely to be 
repeated exposures of individual animals.
    Southern Resident Killer Whale--In order to estimate anticipated 
take, NMFS used Southern Resident killer whale density data from the 
Pacific Marine Species Density Database (US Navy 2014) that measured 
density per km\2\ per season in the waters in the vicinity of the 
Mukilteo Tank Farm Pier. NMFS took the highest value of the summer, 
fall, and winter seasons multiplied by 140 days of work as well as the 
ensonified area (~ 5 km\2\.)

Exposure estimate = (0.00090 [summer]) * 140 days * 5 km\2\ = 0.63 
Southern Resident killer whales.

    Note that pod size of Southern Resident killer whales can range 
from 3-50. NMFS assumed that one pod of 15 whales will be sighted 
during this authorization period and authorized that amount. However, 
it is possible that a larger group may be observed. In order to limit 
the take of southern resident killer whales, NMFS is requiring 
additional mitigation for killer whales. These steps are described 
above and in Appendix B of the Application.
    Transient Killer Whale--NMFS estimated the take of transient killer 
whales by applying the same methodology used to estimate Southern 
Resident killer whale.

Exposure estimate = (0.002373 [fall]) * 140 days * 5 km\2\ = 1.66 
transient killer whales.

    However, a pod of 12 transients was spotted near the project area 
on August 6, 2015 August 9, 2015 (Whidbey News-Times, August 15, 2015). 
NMFS will assume that four pods of 12 whales will be sighted during 
this authorization period. Therefore, NMFS is authorizing 48 takes of 
transient killer whales.

Gray Whale

    Based on the frequency of sightings during the in-water work 
window, this analysis uses a conservative estimate of 3 gray whales per 
day potentially near the ZOI.
    It is assumed that gray whales will not enter the ZOI each day of 
the project, but may be present in the ZOI for 5 days per month as they 
forage in the area, for a total of 30 days. For the exposure estimate, 
it will be conservatively assumed that up to 3 animals may be present 
within the ZOI and be exposed multiple times during the project.

Exposure estimate = 3 * 30 days = 90

    NMFS is authorizing 90 takes of gray whales by Level B harassment. 
It is assumed that this number will include multiple harassments of 
individual animals.

Humpback Whale

    Based on the frequency of sightings during the in-water work 
window, this analysis uses a conservative estimate of 2 humpback whales 
potentially near the ZOI.
    It is assumed that humpback whales will not enter the ZOI each day 
of the project, but may be present in the ZOI for 3 days per month as 
they forage in the area, for a total of 18 days. For the exposure 
estimate, it will be conservatively assumed that up to 2 animals may be 
present within the ZOI and be exposed multiple times during the 
project.

Exposure estimate = 2 * 18 days = 36

    NMFS is authorizing 36 takes of humpback whales by Level B 
harassment. It is assumed that this number will include multiple 
harassments of individual animals.
    Based on the foregoing, an estimated maximum of approximately 1,820 
Pacific harbor seals, 840 California sea lions, 280 Steller sea lions, 
1,120 Harbor porpoise, 420 Dall's porpoise, 48 transient killer whales, 
15 Southern Resident killer whales, 90 gray whales, and 36 humpback 
whales could be exposed to received sound levels above 122 dB re 1 
[mu]Pa (rms) from the proposed Mukilteo Tank Farm Pier Removal project. 
A summary of the estimated takes is presented in Table 2.

[[Page 54542]]



   Table 2--Estimated Numbers of Marine Mammals That May Be Exposed to
      Vibratory Hammer Sound Levels Above 122 dB re 1 [mu]Pa (rms)
------------------------------------------------------------------------
                                             Estimated    Percentage  of
                 Species                  marine  mammal    species  or
                                               takes*          stock
------------------------------------------------------------------------
Pacific harbor seal.....................           1,820            16.5
California sea lion.....................             840             0.3
Steller sea lion........................             280             0.4
Harbor porpoise.........................           1,120            10.5
Dall's porpoise.........................             420             1.0
Killer whale, transient.................              48            19.7
Killer whale, Southern Resident.........              15            18.2
Gray whale..............................              90             0.5
Humpback whale..........................              36             2.0
------------------------------------------------------------------------
*Represents maximum estimate of animals due to likelihood that some
  individuals will be taken more than once.

Analyses and Determinations

Negligible Impact Analysis

    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, effects on habitat, and the status 
of the species.
    To avoid repetition, the following discussion applies to the 
affected stocks of harbor seals, California sea lions, Steller sea 
lions, harbor porpoises, Dall's porpoises, gray whales and humpback 
whales, except where a separate discussion is provided for killer 
whales, as the best available information indicates that effects of the 
specified activity on individuals of those stocks will be similar, and 
there is no information about the population size, status, structure, 
or habitat use of the areas to warrant separate discussion.
    Pile removal activities associated with the Mukilteo Tank Farm 
removal project, as outlined previously, have the potential to disturb 
or displace marine mammals. Specifically, the specified activities may 
result in take, in the form of Level B harassment (behavioral 
disturbance) only, from underwater sounds generated from pile 
extraction. Potential takes could occur if individuals of these species 
are present in the ensonified zone when pile driving is happening.
    No injury, serious injury, or mortality is anticipated given the 
nature of the activity and measures designed to minimize the 
possibility of injury to marine mammals. The potential for these 
outcomes is minimized through the construction method and the 
implementation of the planned mitigation measures. Specifically, 
vibratory hammers will be the primary method of extraction and no 
impact driving will occurs. Vibratory driving and removal does not have 
significant potential to cause injury to marine mammals due to the 
relatively low source levels produced (site-specific acoustic 
monitoring data show no source level measurements above 180 dB rms) and 
the lack of potentially injurious source characteristics. Given 
sufficient ``notice'' through use of soft start, marine mammals are 
expected to move away from a sound source. The likelihood that marine 
mammal detection ability by trained observers is high under the 
environmental conditions described for waters around the Mukilteo Tank 
Farm further enables the implementation of shutdowns if animals come 
within 10 meters of operational activity to avoid injury, serious 
injury, or mortality.
    WSF proposed activities are localized and of relatively short 
duration. The entire project area is limited to water in close 
proximity to the tank farm. The project will require the extraction of 
3,900 piles and will require 675-975 hours over 140-180 days.
    These 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, including establishment of a shutdown zone, 
establishment of Level B harassment area, time and seasonal 
restrictions on operations, special Southern resident killer whale 
restrictions, and ramp up or soft start techniques, are expected to 
reduce potential exposures and behavioral modifications even further.

Southern Resident Killer Whale

    Critical habitat for Southern Resident killer whales has been 
identified in the area and may be impacted. The proposed action will 
have short-term adverse effects on Chinook salmon, the primary prey of 
Southern Resident killer whales. However, the Puget Sound Chinook 
salmon ESU comprises a small percentage of the Southern Resident killer 
whale diet. Hanson et al. (2010) found only six to 14 percent of 
Chinook salmon eaten in the summer were from Puget Sound. Therefore, 
NMFS concludes that both the short-term adverse effects and the long-
term beneficial effects on Southern Resident killer whale prey quantity 
and quality will be insignificant. Also, the sound from vibratory pile 
driving and removal may interfere with whale passage. For example, 
exposed killer whales are likely to redirect around the sound instead 
of passing through the area. However, the effect of the additional 
distance traveled is unlikely to cause a measureable increase in an 
individual's energy budget, and the effects would therefore be 
temporary and insignificant. Additionally, WSF will employ additional 
mitigation measures to avoid or minimize impacts to Southern Residents. 
These measures were described previously in the section Monitoring and 
Shutdown for Pile Driving.

[[Page 54543]]

    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. 
Furthermore, no important feeding and/or reproductive areas for other 
marine mammals are known to be near the proposed action area.
    Effects on individuals that are taken by Level B harassment, on the 
basis of reports in the literature as well as monitoring from other 
similar activities, will likely be limited to reactions such as 
increased swimming speeds, increased surfacing time, or decreased 
foraging (if such activity were occurring) (e.g., Thorson and Reyff, 
2006; Lerma, 2014). Most likely, individuals will simply move away from 
the sound source and be temporarily displaced from the areas of pile 
driving, although even this reaction has been observed primarily only 
in association with impact pile driving. In response to vibratory 
driving and removal, pinnipeds (which may become somewhat habituated to 
human activity in industrial or urban waterways) have been observed to 
orient towards and sometimes move towards the sound. The pile removal 
activities analyzed here are similar to, or less impactful than, 
numerous construction activities conducted in other similar locations, 
which have taken place with no reported injuries or mortality to marine 
mammals, and no known long-term adverse consequences from behavioral 
harassment. Repeated exposures of individuals to levels of sound that 
may cause Level B harassment are unlikely to result in hearing 
impairment or to significantly disrupt foraging behavior. Thus, even 
repeated Level B harassment of some small subset of the overall stock 
is unlikely to result in any significant realized decrease in fitness 
for the affected individuals, and thus would not result in any adverse 
impact to the stock as a whole. Level B harassment will be reduced to 
the level of least practicable impact through use of mitigation 
measures described herein and, if sound produced by project activities 
is sufficiently disturbing, animals are likely to simply avoid the 
project area while the activity is occurring.
    In summary, we considered the following factors: (1) The 
possibility of injury, serious injury, or mortality may reasonably be 
considered discountable; (2) the anticipated incidents of Level B 
harassment consist of, at worst, temporary modifications in behavior; 
(3) the absence of any significant habitat, other than identified 
critical habitat for Southern Resident killer whales within the project 
area, including rookeries, significant haul-outs, or known areas or 
features of special significance for foraging or reproduction; (4) the 
expected efficacy of the required mitigation measures in minimizing the 
effects of the specified activity on the affected species or stocks and 
their habitat to the level of least practicable impact. In combination, 
we believe that these factors, as well as the available body of 
evidence from other similar activities, demonstrate that the potential 
effects of the specified activity will have only short-term effects on 
individuals. Accordingly, the take resulting from the proposed WSF 
Mukilteo Multimodal Project Tank Farm Pier Removal 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.
    Therefore, 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 WSF's Mukilteo Multimodal Project Tank Farm Pier 
Removal project will have a negligible impact on the affected marine 
mammal species or stocks.

Small Numbers Analysis

    Based on long-term marine mammal monitoring and studies in the 
vicinity of the proposed construction areas, it is estimated that 
approximately 1,820 Pacific harbor seals, 840 California sea lions, 280 
Steller sea lions, 1,120 harbor porpoises, 420 Dall's porpoises, 48 
transient killer whales, 15 Southern Resident killer whales, 90 gray 
whales, and 36 humpback whales (and likely fewer, given that we expect 
at least some takes will be from repeat exposures of individual animals 
rather than new animals) could be exposed to received noise levels 
above 122 dB rms re 1 [mu]Pa from the proposed construction work at the 
Mukilteo Multimodal Ferry Terminal. These numbers represent 
approximately 0.3%-19.7% of the stocks and populations of these species 
that could be affected by Level B behavioral harassment.
    The numbers of animals authorized to be taken for all species would 
be considered small relative to the relevant stocks or populations even 
if each estimated taking occurred to a new individual--an extremely 
unlikely scenario. 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, we find that small numbers of marine mammals will 
be taken relative to the population sizes 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.

Endangered Species Act (ESA)

    The humpback whale and Southern Resident stock of killer whale are 
the only marine mammal species currently listed under the ESA that 
could occur in the vicinity of WSF's proposed construction projects. 
NMFS issued a Biological Opinion that covers the proposed action on 
July 31, 2013, and concluded that the proposed action is not likely to 
jeopardize the continued existence of Southern Resident killer whales 
or humpback whales, and is not likely to destroy or adversely modify 
Southern Resident killer whales critical habitat.

National Environmental Policy Act (NEPA)

    NMFS re-affirms the document titled Final Environmental Assessment 
Issuance of Marine Mammal Incidental Take Authorizations to the 
Washington State Department of Transportation to Take Marine Mammals 
which was issued in February 2014. A Finding of No Significant Impact 
(FONSI) was signed on February 28, 2014. In the FONSI NMFS determined 
that the issuance of IHAs for the take, by harassment, of small numbers 
of marine mammals incidental to the WSF's Mukilteo Ferry Terminal 
replacement project in Washington State, will not significantly impact 
the quality of the human environment, as described in this document and 
in the Mukilteo EA. These documents are found at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

[[Page 54544]]

Authorization

    As a result of these determinations, we have issued an IHA to WSF 
for conducting the described activities related to the Mukilteo 
Multimodal Project Tank Farm Pier Removal Project from September 1, 
2015 through August 31, 2016 provided the previously described 
mitigation, monitoring, and reporting requirements are incorporated.

    Dated: September 2, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-22776 Filed 9-9-15; 8:45 am]
BILLING CODE 3510-22-P