[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Notices]
[Pages 35510-35516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15890]



[[Page 35510]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF411


Taking of Marine Mammals Incidental to Specified Activities; 
Dismantling of the Original East Span of the San Francisco-Oakland Bay 
Bridge

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 the NMFS has issued an incidental harassment authorization (IHA) 
to the California Department of Transportation (CALTRANS) to take small 
numbers of six species of marine mammals, by harassment, incidental to 
the dismantling of the original East Span of the San Francisco-Oakland 
Bay Bridge (SFOBB) in the San Francisco Bay (SFB), California.

DATES: This IHA will be valid from September 1, 2017, through August 
31, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill, or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal stock in the wild by causing 
disruption of behavioral patterns including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering (Level 
B harassment).

National Environmental Policy Act (NEPA)

    NMFS prepared an Environmental Assessment (EA) for the take of 
marine mammals incidental to construction of the East Span of the SFOBB 
and made a Finding of No Significant Impact (FONSI) on November 4, 
2003. Due to the modification of part of the construction project and 
the mitigation measures, NMFS reviewed additional information from 
CALTRANS regarding empirical measurements of pile driving noises for 
the smaller temporary piles without an air bubble curtain system and 
the use of vibratory pile driving. NMFS prepared a Supplemental 
Environmental Assessment (SEA) and analyzed the potential impacts to 
marine mammals that would result from the modification of the action. A 
FONSI was signed on August 5, 2009. In addition, for CALTRANS' Piers E4 
and E5 demolition using controlled implosion, NMFS prepared an SEA and 
analyzed the potential impacts to marine mammals that would result from 
the modification. A FONSI was signed on September 3, 2015. The proposed 
activity and expected impacts remain within what was previously 
analyzed in the EA and SEAs. Therefore, no additional NEPA analysis is 
warranted. A copy of the SEA and FONSI is available at 
www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of 
problems accessing these documents, please call the contact listed 
above.

Summary of Request

    On April 5, 2017, CALTRANS submitted a request to NMFS for an IHA 
to take marine mammals incidental to the dismantling of the original 
East Span of the SFOBB in the San Francisco Bay. On May 1, 2017, NMFS 
deemed the application adequate and complete. CALTRANS requested 
authorization for incidental take by harassment only and NMFS concurs 
that mortality is not expected to result from this activity. NMFS is 
proposing to issue an IHA that will authorize take by Level B 
harassment of Pacific harbor seal, California sea lion, northern 
elephant seal, northern fur seal, harbor porpoise, and bottlenose 
dolphin incidental to CALTRANS' activities. As described in the 
Overview section, previous IHAs have been issued to CALTRANS for 
similar activities, specifically for the use of mechanical dismantling 
and controlled blasts to implode piers of the original East Span of the 
SFOBB.

Description of the Specified Activity

Overview

    CALTRANS proposes removal of the original East Span of the SFOBB by 
mechanical dismantling and by use of controlled charges to implode 13 
piers (Piers E6-E18) into their open cellular chambers below the 
mudline. Activities associated with dismantling the original East Span 
may potentially result in incidental take of marine mammals due to the 
use of highly controlled charges to dismantle the marine foundations of 
the piers.
    Several previous one-year IHAs have been issued to CALTRANS for 
pile driving/removal and construction of the new SFOBB East Span 
beginning in 2003. NMFS has issued 10 IHAs to CALTRANS for the SFOBB 
Project. The first five IHAs (2003, 2005, 2007, 2009, and 2011) 
addressed potential impacts associated with pile driving for the 
construction of the new East Span of the SFOBB. IHAs issued in 2013, 
2014 and July 2015 addressed activities associated with both 
constructing the new East Span and dismantling the original East Span, 
specifically addressing vibratory pile driving, vibratory pile 
extraction/removal, attenuated impact pile driving, pile proof testing, 
and mechanical dismantling of temporary and permanent marine 
foundations. On September 9, 2015, NMFS issued an IHA to CALTRANS for 
incidental take associated with the demolition of Pier E3 of the 
original SFOBB by highly controlled explosives (80 FR 57584,

[[Page 35511]]

September 24, 2015). On September 30, 2016, NMFS issued an IHA 
authorizing the incidental take of marine mammals associated with both 
pile driving/removal and controlled implosion of Piers E4 and E5 (81 FR 
67313). CALTRANS is requesting this IHA to continue dismantling the 
original East Span of the SFOBB using mechanical means as well as five 
to six implosion events to dismantle 13 piers (Piers E6-E18). CALTRANS 
does not anticipate any further in-water pile installation or pile 
removal for the SFOBB project, and is not requesting coverage under 
this IHA to conduct pile driving/removal activities.
    A detailed description of the planned SFOBB dismantling project is 
provided in the Federal Register notice for the proposed IHA (82 FR 
26063, June 6, 2017). Since that time, no changes have been made to the 
planned activities. Therefore, a detailed description is not provided 
here. Please refer to that Federal Register notice for the description 
of the specific activity.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to CALTRANS for the 
SFOBB project was published in the Federal Register on June 6, 2017 (82 
FR 26063). That notice described, in detail, CALTRANS' 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 only one pertinent comment letter, from the 
Marine Mammal Commission (Commission).
    Comment 1: The Commission concurs with NMFS' preliminary finding 
and recommends that NMFS issue the incidental harassment authorization, 
subject to the inclusion of the proposed mitigation, monitoring, and 
reporting measures.
    Response: NMFS thanks the Commission for its comment and concurs 
with the Commission's recommendations. NMFS has issued the IHA to 
CALTRANS.

Description of Marine Mammals in the Area of the Specified Activity

    A detailed description of the species likely to be affected by 
CALTRANS' SFOBB project, including brief introductions to the species 
and relevant stocks as well as available information regarding 
population trends and threats, and information regarding local 
occurrence were provided in the Federal Register notice for the 
proposed IHA (82 FR 26063, June 6, 2017). Since that time, we are not 
aware of any changes in the status of those species and stocks that 
would affect our analyses or determinations; therefore, detailed 
descriptions are not provided here.
    Table 1 lists all species and stocks with potential for occurrence 
in the San Francisco Bay and summarizes information related to the 
species or stock, including potential biological removal (PBR). Since 
the time of the proposed IHA, NMFS' SARs have been updated and 
finalized; however, there were no changes for the marine mammal species 
or stocks with potential for occurrence in the San Francisco Bay. For 
taxonomy, we follow Committee on Taxonomy (2016). PBR is defined by the 
MMPA as the maximum number of animals, not including natural 
mortalities that may be removed from a marine mammal stock while 
allowing that stock to reach or maintain its optimum sustainable 
population. PBR is considered in concert with the known sources of 
ongoing anthropogenic mortality to assess the population-level effects 
of the anticipated mortality from a specific project (as described in 
NMFS's SARs). While no mortality is anticipated or authorized here, PBR 
information is included here as a gross indicator of the status of the 
species and other threats. Gray whales are a species that could 
potentially occur in the proposed project area but are not expected to 
have reasonable potential to be harassed by CALTRANS' SFOBB actions 
because they are unlikely to occur in the project area, as discussed 
above. This species is included in Table 1 but is omitted from further 
analysis. For species status, we provide information regarding U.S. 
regulatory status under the MMPA and ESA in Table 2.

                                        Table 1--Marine Mammal Species Potentially Present in Region of Activity
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                                                                                                                                              Potential
                                                        ESA/MMPA                                                                   Stock      biological
          Common name              Scientific name       status         Occurrence          Seasonality            Range         abundance     removal
                                                                                                                                                (PBR)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal (CA stock).........  Phoca vitulina      NL/ND          Common............  Year round........  California........       30,968        1,641
                                  richardii.
California sea lion (US stock).  Zalophus            NL/ND          Common............  Year round........  California........      296,750        9,200
                                  californianus.
Northern fur seal (CA stock)...  Callorhinus         NL/ND          Rare..............  Year round........  California........       12,844          451
                                  ursinus.
Northern elephant seal (CA       Mirounga            NL/ND          Occasional........  Spring & fall.....  California........      179,000        4,882
 breeding stock).                 angustirostris.
Gray whale (Eastern north        Eschrichtius        NL*/ND         Rare..............  Spring & fall.....  Mexico to the U.S.       20,990          624
 Pacific stock).                  robustus.                                                                  Arctic Ocean.
Harbor porpoise (SF-Russian      Phocoena phocoena.  NL/ND          Rare..............  Year round........  California........        9,886           66
 River stock).
Coastal Bottlenose dolphin (CA   Tursiops truncatus  NL/ND          Rare..............  Year round........  California........          323          2.4
 coastal stock).
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NL = Not Listed; * The E. North Pacific population is not listed under the ESA.; ND = Not Depleted under the MMPA

Potential Effects of the Specified Activity on Marine Mammals and Their 
Habitat

    The proposed CALTRANS SFOBB work using controlled charges (i.e., 
implosion events) could adversely affect marine mammal species and 
stocks by exposing them to elevated noise levels in the vicinity of the 
activity area. Based on the nature of the other activities associated 
with the dismantling of Piers E6 through E18 of the original SFOBB East 
Span (mechanical dismantling) and measured sound levels from those 
activities during past monitoring associated with previous IHAs, NMFS 
does not expect activities other than implosion events to contribute to 
underwater noise levels such that take of marine mammals would 
potentially occur. The project would not result in permanent impacts to 
habitats used directly be marine mammals, nor impact food sources in 
any significant adverse way. The Federal Register notice for the 
proposed IHA (82 FR 26063, June 6, 2017) included a discussion of the 
effects of disturbance on marine mammals and their habitat. That 
information has not changed and is not repeated here. Please refer to 
the Federal Register notice for that information.

[[Page 35512]]

Estimated Take

    This section provides a summary of the number of incidental takes 
authorized through the IHA, which informed both NMFS' consideration of 
whether the number of takes is ``small'' and the negligible impact 
determination.
    Detailed information on how estimated take was calculated was 
provided in the Estimated Take section of the proposed IHA Federal 
Register notice (82 FR 26063, June 6, 2017; 26070-26074). Please refer 
to that Federal Register notice for that detailed information. 
Harassment is the only type of take expected to result from these 
activities. Authorized takes would be by Level B harassment only, in 
the form of disruption of behavioral patterns and/or TTS for individual 
marine mammals resulting from exposure to noise from the controlled 
implosions of 13 piers of the original East Span of the SFOBB. Based on 
the nature of activity and past results from controlled implosions of 
Piers E3, E4, and E5, Level A harassment is neither anticipated nor 
authorized.
    A summary of the authorized number of takes by implosion of Piers 
E6 through E18 is provided in Table 2.

            Table 2--Summary of Authorized Takes of Marine Mammals for the Pier E4 and E5 Implosions
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                                                      Level B                          Stock       Percent take
                     Species                        behavioral      Level B TTS      abundance     of population
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.............................              66              48          30,968            0.37
California sea lion.............................              18              12         296,750            0.01
Northern elephant seal..........................               6               3         179,000            0.01
Northern fur seal...............................               6               3          12,844            0.21
Harbor porpoise.................................              18               9           9,886            0.09
Bottlenose dolphin..............................               6               3             323             2.8
                                                 ---------------------------------------------------------------
    Total.......................................             120              78  ..............  ..............
----------------------------------------------------------------------------------------------------------------

Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods 
of taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (the latter is not 
applicable for this action). NMFS' regulations require applicants for 
incidental take authorizations to include information about the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting such activity or other means of 
effecting the least practicable adverse impact upon the affected 
species or stocks and their habitat (50 CFR 216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully weigh two primary factors: (1) The manner in which, and the 
degree to which, the successful implementation of the measure(s) is 
expected to reduce impacts to marine mammals, marine mammal species or 
stocks, and their habitat, which considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range), as well as 
the likelihood that the measure will be effective if implemented; and 
(2) the practicability of the measures for applicant implementation, 
which may consider such things as cost and impact on operations.

Mitigation Measures for Confined Implosion

    For CALTRANS's proposed controlled implosions of Piers E6 through 
E18, CALTRANS will utilize the mitigation measures discussed below to 
minimize the potential impacts to marine mammals in the project 
vicinity, which were developed and successfully employed for previous 
controlled implosions of other piers of the original East Span of the 
SFOBB. The primary purposes of these mitigation measures are to 
minimize impacts by reducing sound levels from the activities and to 
monitor for marine mammals within designated exclusion zones and zones 
of influence (ZOI). Specific mitigation measures are:

Time Restriction

    Implosion of Piers E6 through E18 will only be conducted during 
daylight hours, with enough time for pre and post implosion monitoring 
during daylight hours. Implosion events will also only be conducted 
during periods with good visibility when the largest exclusion zone can 
be visually monitored. In addition, to minimize impacts on biological 
resources, implosion events will be conducted at slack tides between 
September and November.

Installation of Blast Attenuation System (BAS)

    Prior to the demolition of Piers E6 through E18, CALTRANS will 
install a Blast Attenuation System (BAS) as described above to reduce 
the noise and shockwave from the implosion.

Establishment of Level A Exclusion Zone

    CALTRANS will establish marine mammal exclusion zones (MMEZ) for 
both the mortality and Level A harassment zone (including permanent 
threshold shift (PTS), GI track injury, and slight lung injury) using 
the criteria threshold that extends out the furthest distance (refer to 
Table 3). As an additional conservative measure to ensure that no 
marine mammals are taken by Level A harassment, the field-implemented 
MMEZ will be 20 percent larger than the calculated distances to 
threshold criteria.

[[Page 35513]]



                                   Table 3--Threshold Distances (Feet (Meters)) Calculated for Each Implosion Scenario
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                                                        Level B harassment             Level A                Serious injury
                                                ----------------------------------    harassment   ------------------------------------
                                                                                  -----------------                                       Mortality (ft
            Group                   Species       Behavioral (ft  TTS (pk/SELcum)  PTS (pk/SELcum)    GI tract (ft     Slight lung (ft        (m))
                                                       (m))           (ft (m))         (ft (m))           (m))              (m))
 
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                                                                  Implosion of Pier E6
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Mid-freq cetacean............  Bottlenose        1,330 ft/(405m)  180ft/881ft      98ft/256ft (30m/ 48ft (15m)......  48ft (15 m).....  <40ft (<12m).
                                dolphin.                           (55m/57m).       78m).
High-freq cetacean...........  Harbor porpoise.  12,567ft         3,127ft/8,358ft  1,697ft/2,459ft  48ft (15m)......  48ft (15 m).....  <40ft (<12m).
                                                  (3,830m).        (953m/2,548m).   (517m/750m).
Phocidae.....................  Harbor seal &     2,220ft (677m).  613ft/1,484ft    332ft/443ft      48ft (15m)......  48ft (15 m).....  <40ft (<12m).
                                northern                           (187m/452m).     (101m/135m).
                                elephant seal.
Otariidae....................  California sea    554ft (169m)...  147ft/367ft      80ft/106ft (24m/ 48ft (15m)......  48ft (15 m).....  <40ft (<12m).
                                lion & northern                    (45m/112m).      48m).
                                fur seal.
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                                                           Implosion of Two 504-ft Span Piers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-freq cetacean............  Bottlenose        1,055ft (322m).  166ft/685ft      90ft/190ft (27m/ 48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                dolphin.                           (51m/208m).      58m).
High-freq cetacean...........  Harbor porpoise.  10,300ft         2,882ft/6,800ft  1,564ft/1,966ft  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                                  (3,139m).        (878m/2,073m).   (477m/599m).
Phocidae.....................  Harbor seal &     1,790ft (546m).  565ft/1,186ft    306ft/333ft      48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                northern                           (172m/361m).     (93m/101m).
                                elephant seal.
Otariidae....................  California sea    421ft (128m)...  136ft/274ft      74ft/78ft (23m/  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                lion & northern                    (41m/84m).       24m).
                                fur seal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Implosion of Two 288-ft Span Piers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-freq cetacean............  Bottlenose        798ft (243m)...  166ft/517ft      90ft/126ft (27m/ 48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                dolphin.                           (51m/158m).      38m).
High-freq cetacean...........  Harbor porpoise.  7,700ft          2,882ft/5,140ft  1,564ft/1,493ft  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                                  (2,347m).        (878m/1,567m).   (477m/455m).
Phocidae.....................  Harbor seal &     1,359ft (414m).  565ft/900ft      306ft/232ft      48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                northern                           (172m/274m).     (93m/71m).
                                elephant seal.
Otariidae....................  California sea    304ft (93m)....  136ft/185ft      74ft/52ft (23m/  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                lion & northern                    (41m/56m).       16m).
                                fur seal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Implosion of Three 288-ft Span Piers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-freq cetacean............  Bottlenose        1,000ft (305m).  166ft/629ft      90ft/132ft (27m/ 48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                dolphin.                           (51m/192m).      40m).
High-freq cetacean...........  Harbor porpoise.  9,403ft          2,882ft/5,900ft  1,564ft/1,722ft  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                                  (2,866m).        (878m/1,798m).   (477m/525m).
Phocidae.....................  Harbor seal &     1,580ft (482m).  565ft/1,045ft    306ft/258ft      48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                northern                           (172m/319m).     (93m/79m).
                                elephant seal.
Otariidae....................  California sea    339ft (103m)...  136ft/201ft      74ft/52ft (23m/  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                lion & northern                    (41m/61m).       16m).
                                fur seal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Implosion of Four 288-ft Span Piers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-freq cetacean............  Bottlenose        1,000ft (305m).  166ft/629ft      90ft/132ft (27m/ 48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                dolphin.                           (51m/192m).      40m).
High-freq cetacean...........  Harbor porpoise.  9,935ft          2,882ft/6,590ft  1,564ft/1,917ft  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                                  (3,028m).        (878m/2,009m).   (477m/584m).
Phocidae.....................  Harbor seal &     1,730ft (527m).  565ft/1,135ft    306ft/264ft      48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                northern                           (172m/346m).     (93m/80m).
                                elephant seal.
Otariidae....................  California sea    349ft (106m)...  136ft/204ft      74ft/52ft (23m/  48ft (15m)......  <40ft (<12m)....  <40ft (<12m).
                                lion & northern                    (41m/62m).       16m).
                                fur seal.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The isopleths for PTS for phocids (harbor seal and elephant seal) 
cover the entire area for both Level A harassment and mortality for all 
pinnipeds (including California sea lions and northern fur seals), as 
well as bottlenose dolphins. Therefore, the pinniped and dolphin 
exclusion zone will be established at the radial distance to the phocid 
PTS Level A harassment threshold plus an additional 20 percent 
conservative factor. The harbor porpoise exclusion zone will be 
established at the radial distance to the high-frequency cetacean PTS 
Level A harassment threshold plus an additional 20 percent conservative 
factor (see Table 23 and Figures 12-14 and 17-21 of the IHA 
application). These MMEZs will be monitored by marine mammal observers 
(MMOs), and if any marine mammals are observed within the MMEZs, the 
implosion will be delayed until the animal leaves the area or at least 
15 minutes have passed since the last observation of pinnipeds and 
small cetaceans and at least 30 minutes have passed since the last 
observation of bottlenose dolphins.

Establishment of Level B Behavioral Harassment and Temporary Hearing 
Threshold Shift (TTS) Monitoring Zones

    Marine mammal monitoring zones will be established for both 
behavioral response and temporary threshold shift (TTS) (Level B 
harassment). Hydroacoustic monitoring results from the implosions of 
Piers E3, E4, and E5

[[Page 35514]]

were used to calculate distances to these thresholds for the implosions 
of Piers E6 through E18 (see Chapter 6 and Tables 9 to 18 of the IHA 
application). As a conservative measure, the field-implemented 
behavioral response and TTS monitoring zones will be 20 percent larger 
than the calculated distances to threshold criteria shown in Tables 9 
to 18 of the IHA application.
    The isopleths for Level B harassment to phocids (harbor seals and 
elephant seals) for all pier implosion scenarios cover the entire area 
for Level B harassment to all pinnipeds including otariids (California 
sea lions and fur seals) as well as bottlenose dolphins. Therefore, the 
pinniped and dolphin Level B harassment monitoring zones for each pier 
implosion scenario will be established at the radial distance to the 
phocid Level B harassment threshold plus an additional 20 percent 
conservative factor (see Tables 24 and 25 and Figures 12-16 of the IHA 
application).

Communication

    All MMOs will be equipped with mobile phones and a VHF radio as a 
backup. One person will be designated as the Lead MMO and will be in 
constant contact with the Resident Engineer on site and the blasting 
crew. The Lead MMO will coordinate marine mammal sightings with the 
other MMOs. MMOs will contact the other MMOs when a sighting is made 
within the exclusion zone or near the exclusion zone so that the MMOs 
within overlapping areas of responsibility can continue to track the 
animal and the Lead MMO is aware of the animal. If an animal has 
entered the exclusion zone or is near it within 30 minutes of blasting, 
the Lead MMO will notify the Resident Engineer and blasting crew. The 
Lead MMO will keep them informed of the disposition of the animal.

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; and
     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 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 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 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; and/or
    (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 
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 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 (ITA) must include the suggested means 
of accomplishing the necessary monitoring and reporting that will 
result in increased knowledge of the species and of the level of taking 
or impacts on populations of marine mammals that are expected to be 
present in the proposed action area. Effective reporting is critical to 
both compliance as well as ensuring that the most value is obtained 
from the required monitoring. CALTRANS has proposed marine mammal 
monitoring measures as part of the IHA application found at 
www.nmfs.noaa.gov/pr/permits/incidental.htm.
    Monitoring measures NMFS prescribes shall improve our understanding 
of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, absence, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving, or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine animals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and/or
     Mitigation and monitoring effectiveness.

Monitoring Measures

    As most elements of marine mammal monitoring plans for pile driving 
activities are similar to what would be required for underwater 
implosions, monitoring for impacts to marine mammals from the implosion 
activities

[[Page 35515]]

for Piers E3, E4, and E5 were based on the SFOBB pile driving 
monitoring protocol. Monitoring for the implosion events for Piers E6 
through E18 will also be based on the SFOBB pile driving monitoring 
protocol and past implosion activities for Piers E3, E4, and E5. These 
monitoring plans include monitoring an exclusion zone and ZOIs for TTS 
and behavioral harassment described above as well as the following:
(1) Marine Mammal Observers
    A minimum of 10 MMOs will be required during the controlled 
implosions of Piers E6 through E18 so that the MMEZ, Level B Harassment 
TTS and Behavioral ZOIs, and surrounding area can be monitored. Up to 
15 MMOs will be required for implosion events involving multiple piers 
in order to monitor the full extent of these areas. One MMO will be 
designated as the Lead MMO and would receive updates from other MMOs on 
the presence or absence of marine mammals within the MMEZ and will 
notify the Environmental Compliance Manager of a cleared exclusion zone 
to the implosion(s).
(2) Monitoring Protocol
    Implosions of Piers E6 through E18 will be conducted only during 
daylight hours and with enough time for pre and post-implosion 
monitoring during daylight hours, and with good visibility (i.e., clear 
skies and no high winds). This work will be completed so that MMOs will 
be able to detect marine mammals within the exclusion zones and beyond. 
The Lead MMO will be in contact with other MMOs and if any marine 
mammals enter an exclusion zone within 30 minutes of blasting, the Lead 
MMO will notify the Environmental Compliance Manager that the implosion 
may need to be delayed. The Lead MMO will keep the Environmental 
Compliance Manager informed about the disposition of the animal. If the 
animal remains in the MMEZ, blasting will be delayed until it has left 
the exclusion zone. If the animal dives and is not seen again, blasting 
will be delayed at least 15 minutes for pinnipeds and small cetacean 
(harbor porpoise), and 30 minutes for bottlenose dolphin. After the 
implosion has occurred, the MMOs will continue to monitor the area for 
at least 60 minutes.
(3) Data Collection
    Each MMO will record the observation position, start and end times 
of observations, and weather conditions (i.e., sunny/cloudy, wind 
speed, fog, visibility). For each marine mammal sighting, the following 
will be recorded, if possible:
     Species;
     Number of animals (with or without pup/calf);
     Age class (pup/calf, juvenile, adult);
     Identifying marks or color (e.g., scars, red pelage, 
damaged dorsal fin);
     Position relative to piers being imploded (distance and 
direction);
     Movement (direction and relative speed); and
     Behavior (e.g., logging (resting at the surface), 
swimming, spy-hopping (raising above the water surface to view the 
area), foraging).
(4) Post-Implosion Survey
    Although any injury or mortality from the implosions of Piers E6 
through E18 is very unlikely, boat or shore surveys will be conducted 
daily for 3 days following the event, to determine whether any injured 
or stranded marine mammals are in the area. If an injured or dead 
animal is discovered during these surveys or by other means, the NMFS-
designated stranding team will be contacted to pick up the animal. 
Veterinarians will treat the animal or will conduct a necropsy to 
attempt to determine whether it stranded because of the pier 
implosions.

Reporting Measures

    CALTRANS is required to submit a draft monitoring report within 90 
days after completion of the construction work or the expiration of the 
IHA, whichever comes first. This draft report will detail the 
monitoring protocol, summarize the data recorded during monitoring, and 
estimate the number of marine mammals that may have been harassed. NMFS 
will have an opportunity to provide comments on the draft report within 
30 days, and if NMFS has comments, CALTRANS will address the comments 
and submit a final report to NMFS within 30 days. If no comments are 
provided by NMFS after 30 days of receiving the report, the draft 
report will be considered final.

Marine Mammal Stranding Plan

    Stranding plans for the pier implosions of Piers E3, E4, and E5 
were prepared in cooperation with the local NMFS-designated marine 
mammal stranding, rescue, and rehabilitation center. An updated version 
of this plan will be implemented during implosions of Piers E6 through 
E18. Although avoidance and minimization measures likely will prevent 
any injuries, preparations will be made in the unlikely event that 
marine mammals are injured. Elements of the plan will include the 
following:
    1. The stranding crew will prepare treatment areas at an NMFS-
designated facility for cetaceans or pinnipeds that may be injured from 
the implosions. Preparation will include equipment to treat lung 
injuries, auditory testing equipment, dry and wet caged areas to hold 
animals, and operating rooms if surgical procedures are necessary;
    2. A stranding crew and a veterinarian will be on call near the 
piers at the time of the implosions to quickly recover any injured 
marine mammals, provide emergency veterinary care, stabilize the 
animal's condition, and transport individuals to an NMFS-designated 
facility. If an injured or dead animal is found, NMFS (both the 
regional office and headquarters) will be notified immediately, even if 
the animal appears to be sick or injured from causes other than the 
implosions;
    3. Post-implosion surveys will be conducted immediately after the 
event and over the following 3 days to determine whether any injured or 
dead marine mammals are in the area; and
    4. Any veterinarian procedures, euthanasia, rehabilitation 
decisions, and time of release or disposition of the animal will be at 
the discretion of the NMFS-designated facility staff and the 
veterinarians treating the animals. Any necropsies to determine whether 
the injuries or death of an animal was the result of an implosion or 
other anthropogenic or natural causes will be conducted at an NMFS-
designated facility by the stranding crew and veterinarians. The 
results will be communicated to both the CALTRANS and to NMFS as soon 
as possible, followed by a written report within a month.

Negligible Impact Analysis and Determinations

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of 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 (e.g.,

[[Page 35516]]

critical reproductive time or location, migration, etc.), as well as 
effects on habitat, and the likely effectiveness of the mitigation. We 
also assess the number, intensity, and context of estimated takes by 
evaluating this information relative to population status. Consistent 
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338; 
September, 29, 1989), the impacts from other past and ongoing 
anthropogenic activities are incorporated into this analysis via their 
impacts on the environmental baseline (e.g., as reflected in the 
regulatory status of the species, population size and growth rate where 
known, ongoing sources of human-caused mortality, or ambient noise 
levels).
    To avoid repetition, this introductory discussion of our analyses 
applies to all the species and stocks listed in Table 2, given that the 
anticipated effects of CALTRANS' SFOBB construction activities 
involving controlled implosions for Piers E6 through E18 on marine 
mammals are expected to be relatively similar in nature.
    No injuries or mortalities are anticipated to occur as a result of 
CALTRANS' SFOBB activity associated with the controlled implosions to 
demolish Piers E6 through E18, and none are authorized. The relatively 
low marine mammal density and small Level A exclusion zones make injury 
takes of marine mammals unlikely, based on take calculation described 
above. In addition, the Level A exclusion zones will be thoroughly 
monitored before the proposed implosion, and detonation activity will 
be postponed if any marine mammal is sighted within the exclusion zone.
    The takes that are anticipated and authorized are expected to be 
limited to short-term Level B harassment (behavioral responses and 
TTS). Due to implementation of mitigation measures and proven success 
in implementation of these measures as evidenced during previous SFOBB 
activities, more significant acute stress responses, serious injury or 
mortality, and more significant behavioral responses are not 
anticipated as a result of the proposed activities. Marine mammals 
(Pacific harbor seal, northern elephant seal, California sea lion, 
northern fur seal, harbor porpoise, and bottlenose dolphin) present in 
the vicinity of the action area and taken by Level B harassment would 
most likely show overt brief disturbance (startle reaction) and 
avoidance of the area from elevated noise level during the implosion 
noise. A few marine mammals could experience TTS if they occur within 
the Level B TTS ZOI. However, TTS is a temporary loss of hearing 
sensitivity when exposed to loud sound, and the hearing threshold is 
expected to recover completely within minutes to hours. Therefore, it 
is not considered an injury. In addition, even if an animal receives a 
TTS, the TTS would be a one-time event from a brief impulse noise 
(about 5 seconds), making it unlikely that the TTS would lead to PTS. 
Finally, there is no critical habitat or other biologically important 
areas in the vicinity of CALTRANS' proposed controlled implosion areas 
(Calambokidis et al., 2015).
    The project also is not expected to have significant adverse 
effects on affected marine mammals' habitat, as analyzed in detail in 
the ``Potential Effects of the Specified Activity on Marine Mammals and 
their Habitat'' section of the proposed IHA Federal Register notice (82 
FR 26063, June 6, 2017; 26067-26070). There is no biologically 
important area in the vicinity of the SFOBB project area. The project 
activities would not permanently modify existing marine mammal habitat. 
The activities may kill some fish and cause other fish to leave the 
area temporarily, thus impacting marine mammals' foraging opportunities 
in a limited portion of the foraging range; but, because of the short 
duration of the activities and the relatively small area of the habitat 
that may be affected, the impacts to marine mammal habitat are not 
expected to cause significant or long-term negative consequences.
    Based on the best available information, 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 
CALTRANS's SFOBB demolition via controlled implosions of Piers E6 
through E18 will have a negligible impact on the affected marine mammal 
species or stocks.

Small Numbers

    Table 2 presents the numbers of marine mammals that could be taken 
by Level B harassment incidental to CALTRAN's activities. Our analysis 
shows that less than 2.8 percent of the affected stocks could be taken 
by behavioral harassment and TTS (see Table 2 in this document). 
Therefore, the numbers of marine mammals estimated to be taken are 
small relative to total populations of the affected species or stocks. 
In addition, the mitigation and monitoring measures (described 
previously in this document) prescribed in the IHA are expected to 
reduce even further any potential disturbance to marine mammals.
    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 subsistence uses of marine mammals in the proposed 
project area; and, thus, no subsistence uses impacted by this action. 
Therefore, NMFS has determined that the total taking of affected 
species or stocks would not have an unmitigable adverse impact on the 
availability of such species or stocks for taking for subsistence 
purposes.

Endangered Species Act

    NMFS has determined that issuance of the IHA will have no effect on 
listed marine mammals, as none are known to occur in the action area.

Authorization

    NMFS has issued an IHA to CALTRANS for conducting SFOBB activities 
involving demolition via controlled implosion of Piers E6 through E18, 
provided the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated.

    Dated: July 24, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-15890 Filed 7-28-17; 8:45 am]
 BILLING CODE 3510-22-P