[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55579-55590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25258]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF603


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Casitas Pier Fender Pile 
Replacement

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 NMFS has issued an incidental harassment authorization (IHA) to 
Venoco LLC (Venoco) to incidentally harass, by Level B harassment only, 
marine mammals during construction activities associated with a fender 
pile replacement project in Carpinteria, California.

DATES: This authorization is applicable from November 1, 2017 to 
October 31, 2018.

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.

[[Page 55580]]

    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 or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS reviewed our proposed action (i.e., the issuance of an incidental 
harassment authorization) with respect to potential impacts on the 
human environment.
    This action is consistent with categories of activities identified 
in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A, 
which do not individually or cumulatively have the potential for 
significant impacts on the quality of the human environment and for 
which we have not identified any extraordinary circumstances that would 
preclude this categorical exclusion. Accordingly, NMFS has determined 
that the issuance of the IHA qualifies to be categorically excluded 
from further NEPA review.
    We reviewed all comments submitted in response to this notice prior 
to concluding our NEPA process or making a final decision on the IHA 
request.

Summary of Request

    On June 13, 2017, NMFS received a request from Venoco for an IHA to 
take marine mammals incidental to replacement of fender piles at 
Casitas Pier in Carpinteria, California. Venoco's request is for take 
of harbor seal, California sea lions, and bottlenose dolphins by Level 
B harassment only. Neither Venoco nor NMFS expect mortality to result 
from this activity and, therefore, an IHA is appropriate.

Description of Specified Activity

    Venoco proposed to replace 13 fender piles during the fall of 2017 
to minimize impact to the local harbor seal population which uses 
Carpinteria beach as a haulout. Work on the pier will take place over a 
period of 2 to 3 weeks during fall 2017. Any work that is not completed 
during this period will be deferred to late summer or fall 2018. Two 
and a half days of pile driving are needed to complete the work but 
these days may not be consecutive. The authorization effective dates 
are November 1, 2017 through October 31, 2018 to allow pile driving to 
occur when all of the necessary permits and permissions are acquired.
    Up to 13 fender piles located on the end of the Pier will be 
replaced (six on west side, and seven on the east side). The 
replacement piles will consist of an upper section approximately 48 to 
50 feet (15 meters) long consisting of 16-inch diameter x 0.50-inch 
wall thickness steel pipe pile with a 12-foot (4-meter) long driven 
lower section consisting of 14 inch x 73 pound H-pile spliced to the 
bottom of the upper pipe pile section. Epoxy coating will be used on 
the new fender piles. Installation will be accomplished utilizing 
impact and vibratory pile driving techniques supported from the Pier. 
The replacement piles will be installed slightly offset (about two 
feet) from the original fender pile positions. This spliced pile design 
has been in service for more than 60 years at the Pier.
    Each pile will require approximately 25 minutes of vibratory 
driving, and up to 6 piles could be installed by this method in a 
single day (i.e., up to 2.5 hours of vibratory pile driving per day). 
During this time the sound levels above and in water will be in excess 
of normal pier operations. Sound levels from various other fender pile 
construction activities will not be discernible from daily pier 
operations and are below NMFS' thresholds. In the unlikely event that 
an impact hammer is used, installation of a single pile will require an 
estimated 400 hammer strikes over 15 minutes, and up to 6 piles could 
be installed by this method in a single day (i.e., up to 1.5 hours of 
pile driving per day). A detailed description of the planned project is 
provided in the Federal Register notice for the proposed IHA (82 FR 
42306; September 9, 2017). Since that time, no changes have been made 
to the planned construction 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's proposal to issue an IHA to Venoco was published 
in the Federal Register on September 9, 2017 (82 FR 42306). That notice 
described, in detail, Venoco's activity, the marine mammal species that 
may be affected by the activity, and the anticipated effects on marine 
mammals. During the 30-day public comment period, NMFS received 
comments from the Marine Mammal Commission. These comments are details 
below.
    Comment 1: The Commission noted several mitigation and monitoring 
measures were absent from the proposed IHA and recommends that NMFS 
include standard mitigation, monitoring, and reporting measures 
consistently for all authorizations involving pile-driving and -removal 
activities.
    Response: NMFS included all standard mitigation measures that were 
appropriate and relevant to the activities proposed by Venoco. These 
mitigation measures include using delay and shutdown procedures for 
species that are not authorized and when the limit of take authorized 
is reached. Venoco is proposing a shutdown at 52 meters, which subsumes 
the standard 10 meter shutdown zone, but the 10 meter shutdown zone to 
avoid physical injury still applies for in-water work that is not pile 
driving or removal. The Commission noted inconsistency in pre and post-
activity monitoring times, and the IHA reflects pre and post-activity 
monitoring periods of 30 minutes.
    Comment 2: The Commission recommends that NMFS share the rounding 
criteria with the Commission such that this matter can be resolved 
expeditiously.
    Response: NMFS will share the rounding criteria with the Commission 
soon (following the completion of internal edits) when available and 
looks forward to discussing the issue with them in the future.

Description of Marine Mammals in the Area of Specified Activities

    There are three marine mammal species that may likely transit 
through the waters nearby the project area, and are expected to 
potentially be taken by the specified activity. These include harbor 
seal (Phoca vitulina), California sea lion (Zalophus californianus), 
and bottlenose dolphin (Tursiops truncatus). Multiple additional marine 
mammal species may occasionally enter coastal California waters but 
they are not be expected to occur in shallow nearshore waters of the 
action area (Table 1).
    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS's Stock Assessment Reports (SAR; www.nmfs.noaa.gov/pr/sars/) and more general information about these species

[[Page 55581]]

(e.g., physical and behavioral descriptions) may be found on NMFS's Web 
site (www.nmfs.noaa.gov/pr/species/mammals/).
    Table 1 lists all species with expected potential for occurrence in 
coastal southern California and summarizes information related to the 
population or stock, including regulatory status under the MMPA and ESA 
and potential biological removal (PBR), where known. For taxonomy, we 
follow Committee on Taxonomy (2016). PBR is defined by the MMPA as the 
maximum number of animals, not including natural mortalities, that may 
be removed from a marine mammal stock while allowing that stock to 
reach or maintain its optimum sustainable population (as described in 
NMFS's SARs). While no mortality is anticipated or authorized here, PBR 
and annual serious injury and mortality from anthropogenic sources are 
included here as gross indicators of the status of the species and 
other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS's stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. Pacific SARs (NMFS 2016). All values presented in Table 1 
are the most recent available at the time of publication and are 
available in the 2016 SARs (NMFS, 2016).

                                        Table 1--Marine Mammal Potentially Present in the Vicinity of Carpinteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         ESA/MMPA status;    Stock abundance  (CV,
             Common name                  Scientific name               Stock            Strategic  (Y/N)     Nmin, most  recent       PBR     Annual  M/
                                                                                                \1\          abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Eschrichtiidae:
    Gray whale......................  Eschrichtius robustus..  Eastern North Pacific..  -;N                 .05, 20,125, 2011.....        624        132
Family Balaenopteridae (rorquals):
    Bryde's whale...................  Balaenoptera edeni.....  Eastern Pacific........  -;N                 Unk, unk, unk, N/A....        unk        unk
    Humpback whale..................  Megaptera novaeangliae.  California-Oregon-       -;N                 .03, 1,876, 2014......         11        6.5
                                                                Washington.
    Blue whale......................  Balaenoptera musculus..  Eastern North Pacific..  E;Y                 .07, 1,551, 2011......        2.3        0.9
    Fin whale.......................  Balaenoptera physalus..  California-Oregon-       E;Y                 .12, 8,127, 2014......         81          2
                                                                Washington.
    Sei whale.......................  Balaenoptera borealis..  California-Oregon-       E;Y                 0.4, 374, 2104........       0.75          0
                                                                Washington.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
    Sperm whale.....................  Physeter macrocephalus.  California-Oregon-       E;Y                 0.58, 1,332, 2008.....        2.7        1.7
                                                                Washington.
Family Kogiidae:
    Pygmy sperm whale...............  Kogia breviceps........  California-Oregon-       -;N                 1.12, 1,924, 2014.....         19          0
                                                                Washington.
    Dwarf sperm whale...............  Kogia sima.............  California-Oregon-       ..................  ......................  .........  .........
                                                                Washington.
Family Ziphiidae (beaked whales):
    Baird's beaked whale............  Berardius bairdii......  Eastern North Pacific..  -;N                 0.81, 466, 2008.......        4.7          0
    Cuvier's beaked whale...........  Ziphius cavirostris....  California-Oregon-       -;N                 Unk, unk, 2014........        Unk          0
                                                                Washington.
    Mesoplodont beaked whales (six    Mesoplodon spp.........  California-Oregon-       -;Y                 0.65, 389, 2008.......        0.5        3.9
     species).                                                  Washington.
Family Delphinidae:
    Short-beaked common dolphin.....  Delphinus delphis d....  California-Oregon-       -;N                 0.17, 839,325, 2014...      5,393         40
                                                                Washington.
    Long-beaked common dolphin......  Delphinus capensis c...  California.............  -;N                 0.49, 88,432, 2014....        657       35.4
    Pacific white-sided dolphin.....  Lagenorhynchus           California-Oregon-       -;N                 0.28, 21,195, 2014....        191        7.5
                                       obliquidens.             Washington northern
                                                                and southern stocks.
    Striped dolphin.................  Stenella coeruleoalba..  California-Oregon-       -;N                 0.2, 24,782, 2014.....        238        0.8
                                                                Washington.
    Risso's dolphin.................  Grampus griseus........  California-Oregon-       -;N                 0.32, 4,817, 2014.....         46        3.7
                                                                Washington.
    Common bottlenose dolphin.......  Tursiops truncatus t...  California-Oregon-       -;N                 0.54, 1,255, 2014.....         11        1.6
                                                                Washington offshore
                                                                stock.
    Common bottlenose dolphin.......  Tursiops truncatus t...  California coastal       -;N                 0.06, 346, 2011.......        2.7          2
                                                                stock.
    Northern right whale dolphin....  Lissodelphis borealis..  California-Oregon-       -;N                 0.44, 18,608, 2014....        179        3.8
                                                                Washington.

[[Page 55582]]

 
    Killer whale....................  Orcinus orca...........  Eastern North Pacific    -;N                 0.49, 162, 2014.......        1.6          0
                                                                offshore.
    Killer whale....................  Orcinus orca...........  West Coast Transient...  -;N                 Unk, 243, 2009........        2.4          0
    Short-finned pilot whale........  Globicephala             California-Oregon-       -;N                 0.79, 466, 2014.......        4.5        1.2
                                       macrorhynchus.           Washington.
Family Phocoenidae (porpoises):
    Dall's porpoise.................  Phocoenoides dalli.....  California-Oregon-       -;N                 0.45, 17,954, 2014....        172        0.3
                                                                Washington.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
 sea lions):
    Guadalupe fur seal..............  Arctocephalus townsendi  Guadalupe Island.......  E;Y                 Unk, 15,830, 2010.....        542        3.2
    California sea lion.............  Zalophus californianus.  U.S. stock.............  -;N                 Unk, 153,337, 2011....      9,200        389
    Steller sea lion................  Eumetopias jubatus.....  Eastern................  -;N                 Unk, 41,638, 2015.....      2,498        108
    Northern fur seal...............  Callorhinus ursinus....  California stock.......  -;N                 Unk, 7,524, 2013......        451        1.8
    Northern elephant seal..........  Mirounga angustirostris  California breeding      -;N                 Unk, 81,368, 2010.....      4,882        8.8
                                                                stock.
Family Phocidae (earless seals):
    Pacific harbor seal.............  Phoca vitulina           California stock.......  -;N                 Unk, 27,348, 2012.....      1,641         43
                                       richardii.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance. In some cases, CV is not applicable [explain if this is the case].
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.
Note--italicized species are not expected to be taken.

    All species that could potentially occur in the construction area 
are included in Table 1. However, the temporal and spatial occurrence 
of all but three of the species listed in Table 1 with respect to the 
timing and location of the specified activity is such that take is not 
expected to occur, and they are not discussed further beyond the 
explanation provided here.
    Most of the species included in Table 1 above are unlikely to occur 
during the construction work because they are not resident to this part 
of California during the late summer and early fall months. For those 
species that may occur in coastal southern California during that time, 
they are unlikely to occur at such close proximity to the shoreline and 
the construction work is conducted from a pier connected to a beach 
with maximum water depths of 4-8 meters. The long-beaked common dolphin 
may occasionally venture within one nautical mile of the project site 
but is unlikely. The short-beaked common dolphin is much less likely to 
appear in the vicinity than the long-beaked common dolphin. The gray 
whale occurs within one nautical mile of the project site, but it does 
not migrate through the region until late December through May, with 
most gray whales sighted near the project area in the spring. The other 
species generally occur farther offshore and have not been reported in 
the vicinity of this area of the Southern California Bight (SCB), so 
they will not be discussed further in this document.
    Of the MMPA-listed species of marine mammals summarized in Table 1, 
only the Pacific harbor seal, the California sea lion, and the coastal 
stock of bottlenose dolphin are anticipated to be found in the 
immediate vicinity of the project site and subsequently may be taken by 
pile driving. Below are descriptions of those species and the relevant 
stock, as well as information regarding population trends and threats, 
and describe any information regarding local occurrence.
    A detailed description of the of the species likely to be affected 
by the Casitas pier 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 42306; September 9, 2017); since that time, we are 
not aware of any changes in the status of these species and stocks; 
therefore, detailed descriptions are not provided here. Please refer to 
that Federal Register notice for these descriptions. Please also refer 
to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for 
generalized species accounts.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of underwater noise from pile driving activities for 
the Casitas pier project have the potential to result in behavioral 
harassment of marine mammals in the vicinity of the action area. The 
Federal Register notice for the proposed IHA (82 FR 42306; September 9, 
2017) included a discussion of the effects of anthropogenic noise on 
marine mammals, therefore that information is not repeated here; please 
refer to the Federal Register notice (82 FR 42306; September 9, 2017) 
for that information.

[[Page 55583]]

Anticipated Effects on Habitat

    The main impact associated with the Casitas pier construction 
project will be temporarily elevated sound levels and the associated 
direct effects on marine mammals. The project will not result in 
additional permanent impacts to habitats used directly by marine 
mammals, but may have potential short-term impacts to food sources such 
as forage fish, and minor impacts to the immediate substrate during 
installation and removal of piles, etc. The area is a known haulout 
with an existing pier, so temporary disturbance of the haulout may 
occur but the resulting structure will leave the same footprint as 
currently exists. These potential effects are discussed in detail in 
the Federal Register notice for the proposed IHA (82 FR 42036; 
September 9, 2017), therefore that information is not repeated here; 
please refer to that Federal Register notice for that information.

Estimated Take

    This section provides an estimate of the number of incidental takes 
authorized through this IHA, which will inform both NMFS' consideration 
of whether the number of takes is ``small'' and the negligible impact 
determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes will be by Level B harassment only, in the form of 
disruption of behavioral patterns for individual marine mammals 
resulting from exposure to pile driving. Based on the nature of the 
activity, Level A harassment is neither anticipated nor authorized. 
Below we describe how the take is estimated.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals will be behaviorally harassed or incur 
some degree of permanent hearing impairment; (2) the area or volume of 
water that will be ensonified above these levels in a day; (3) the 
density or occurrence of marine mammals within these ensonified areas; 
and, (4) and the number of days of activities. Below, we describe these 
components in more detail and present the authorized take estimate.

Acoustic Thresholds

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

----------------------------------------------------------------------------------------------------------------
                                                     PTS onset acoustic thresholds * (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: Lpk,flat: 219 dB;   Cell 2: LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans...........  Cell 3: Lpk,flat: 230 dB;   Cell 4: LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans..........  Cell 5: Lpk,flat: 202 dB;   Cell 6: LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater).....  Cell 7: Lpk,flat: 218 dB;   Cell 8: LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater)....  Cell 9: Lpk,flat: 232 dB;   Cell 10: LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds should also be considered.

[[Page 55584]]

 
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
  a reference value of 1[mu]Pa2s. In this Table, thresholds are abbreviated to reflect American National
  Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
  frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
  being included to indicate peak sound pressure should be flat weighted or unweighted whithin the generalized
  hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the
  designated marine mammal auditory weighting function (LF,MF, and HF cetaceans, and PW and OW pinnipeds) and
  that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be
  exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it
  is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds.
    Pile driving generates underwater noise that can potentially result 
in disturbance to marine mammals in the project area. Transmission loss 
(TL) is the decrease in acoustic intensity as an acoustic pressure wave 
propagates out from a source. TL parameters vary with frequency, 
temperature, sea conditions, current, source and receiver depth, water 
depth, water chemistry, and bottom composition and topography. The 
general formula for underwater TL is:

TL = B * log10(R1/R2),

where

R1 = the distance of the modeled SPL from the driven pile, and
R2 = the distance from the driven pile of the initial measurement.

    This formula neglects loss due to scattering and absorption, which 
is assumed to be zero here. The degree to which underwater sound 
propagates away from a sound source is dependent on a variety of 
factors, most notably the water bathymetry and presence or absence of 
reflective or absorptive conditions including in-water structures and 
sediments. Spherical spreading occurs in a perfectly unobstructed 
(free-field) environment not limited by depth or water surface, 
resulting in a 6 dB reduction in sound level for each doubling of 
distance from the source (20*log[range]). Cylindrical spreading occurs 
in an environment in which sound propagation is bounded by the water 
surface and sea bottom, resulting in a reduction of 3 dB in sound level 
for each doubling of distance from the source (10*log[range]). A 
practical spreading value of 15 is often used under conditions, such as 
at the Biorka Island dock, where water increases with depth as the 
receiver moves away from the shoreline, resulting in an expected 
propagation environment that will lie between spherical and cylindrical 
spreading loss conditions. Practical spreading loss (4.5 dB reduction 
in sound level for each doubling of distance) is assumed here.
    Underwater Sound--The intensity of pile driving sounds is greatly 
influenced by factors such as the type of piles, hammers, and the 
physical environment in which the activity takes place. A number of 
studies, primarily on the west coast, have measured sound produced 
during underwater pile driving projects. These data are largely for 
impact driving of steel pipe piles and concrete piles as well as 
vibratory driving of steel pipe piles, rather than the hybrid pile used 
by Venoco.
    Reference sound levels used by Venoco were based on underwater 
sound measurements documented for a number of pile driving projects 
with similar pile sizes and types at similar sites in California (i.e., 
areas of soft substrate where water depths are less than 16 feet (5 
meters) (Caltrans 2009)). The noise energy will dissipate as it spreads 
from the pile at a rate of at least 4.5 dB per doubling of distance, 
which is practical spreading (Caltrans 2009). This is a conservative 
value for areas of shallow water with soft substrates, and actual 
dissipation rates would likely be higher. Using this information, and 
the pile information presented in Table 1 of the proposed IHA notice, 
distances to NMFS thresholds were estimated using measured sound levels 
and a practical spreading model.
    Venoco used the NMFS Optional User Spreadsheet, available at http://www.nmfs.noaa.gov/pr/acoustics/Acoustic%20Guidance%20Files/march_v1.1_blank_spreadsheet.xlsx, to input project-specific parameters 
and calculate the isopleths for Level A and Level B zones from both 
impact and vibratory pile driving. These inputs include estimated 
duration of pile driving, estimated number of strikes per pile (for the 
impact hammer method); and maximum number of piles to be driven in a 
day. Each pile will require approximately 25 minutes of vibratory 
driving, and up to 6 piles could be installed by this method in a 
single day. During this time the sound levels above and below water 
will be in excess of normal pier operations. In the unlikely event that 
an impact hammer is used, installation of a single pile will require an 
estimated 400 hammer strikes over 15 minutes, and up to 6 piles could 
be installed by this method in a single day.
    Venoco used the Caltrans (2015) guidelines for selection of an 
appropriate pile driving sound source level for a composite 50-foot, 
16-inch pipe/12-foot,14-inch H-pile configuration, for both vibratory 
and impact driving methods, taking into consideration that only the H-
pile segment of the pile (the bottom portion) will be driven below the 
mudline, thus the predominant underwater noise source will emanate from 
the steel pipe segment.

Source Levels

    For the impact hammer method, the average sound pressure level 
measured in dB is based on the 16-inch steel pipe sound levels 
(Caltrans 2015, Table I.2-1), adjusted upward for the composite 16-inch 
pipe/14-inch H-pile design because the sound level for the composite 
pile is anticipated to be greater than the Caltrans reference sound 
level for 16-inch steel pipe (158 dB), but less than the Caltrans 
reference sound level for 14-inch steel H-pile (177 dB). As described 
above, the replacement piles will be a composite of two materials, pre-
welded into a single pile prior to driving. The upper section will 
consist of 48 to 50 feet (15 meters) of 16-inch diameter x 0.50- inch 
wall thickness pipe pile and the bottom segment will consist of a 12-
foot (4-meter) long 14 inch x 73 pound H-pile. The water depth ranges 
from 13 to 27 feet (4 to 8 meters) at the end of the Pier, with 
seasonal variations due to beach sand withdraw and return between the 
winter and summer seasons. When impact driving is initiated the H-pile 
will partially enter the mud substrate (e.g., up to two to four feet) 
pushed by hammer weight and the weight of the pipe itself due to soft 
substrate (mud) at the seafloor surface. Thus, when impact driving 
begins only a portion of the 12-foot H pile will be exposed in the 
water column and most of the length of pile within the water column 
will be steel pipe pile. As pile driving progresses, the H-pile portion 
of the fender pile will continue to enter the seabed, and the 
proportion of H-pile to steel pipe exposed to the water column will 
decrease until the H-pile is entirely buried or until pile driving is 
suspended at a minimum depth of six feet. Consequently, the sound level 
for the

[[Page 55585]]

composite pile is anticipated to be greater than the Caltrans reference 
sound level for 16-inch steel pipe (158 dB), and less than the Caltrans 
reference sound level for 14-inch steel H-pile (177 dB).
    Based on these factors, the reference sound level from composite 
pile was based on 16-inch steel pipe pile, with an upward adjustment of 
6 dB (to 164 dB SEL). This 6 dB adjustment is divided into two parts: 3 
dB (one doubling) adjustment for the H-pile itself (i.e., the portion 
of H-pile being driven by impact hammer); and 3 dB (a second doubling) 
adjustment for the H-pile that is acting as a foundation, and thus 
providing some resistance to the pipe pile while it is being driven by 
impact hammer. This sound level, which represents two doublings of the 
reference sound level of the 16-inch steel pipe, is considered 
sufficiently conservative to account for the H-pile portion of the 
fender pile that will be exposed in the water column and serving as a 
foundation to the pipe pile during impact driving.
    For the vibratory driving method, the average sound pressure level 
measured in dB is based on the 12-inch H-pile sound levels (Caltrans 
2015, Table I.2-2), adjusted upward by 4 dB for composite 16-inch pipe/
14-inch H-pile design. Caltrans data do not include specific vibratory 
reference sound levels for the 14- inch H-pile. Therefore, it was 
assumed that doubling the reference sound level for 12-inch H-pile plus 
1 dB (i.e., a 4 dB increase), will provide a sufficiently conservative 
assumption for a 14-inch H-pile.

                                  Table 3--NMFS Option User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
                                             User spreadsheet input
-----------------------------------------------------------------------------------------------------------------
                                            Impact driver                                    Vibratory driver
----------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used.................  (E.1) Impact pile        Spreadsheet Tab Used...  (A) Non-impulsive,
                                        driving.                                          continuous
Source Level (dB; SEL)...............  164....................  Source Level (RMS SPL).  154.
Weighting Factor Adjustment (kHz)....  2......................  Weighting Factor         2.5.
                                                                 Adjustment (kHz).
(a) Number of strikes per pile.......  400....................  Activity duration        N/A.
                                                                 within 24 hours (hrs).
(a) Number of piles per day..........  6......................  .......................  N/A.
Activity duration within 24 hr period  N/A....................  .......................  2.5.
Propagation (xLogR)..................  15.....................  Propagation (xLogR)....  15.
Distance of source level measurement   10.....................  .......................  10.
 (meters) +.
----------------------------------------------------------------------------------------------------------------
+ Unless otherwise specified, source levels are referenced 1 m from the source.

Level A Isopleths

    When NMFS Technical Guidance (2016) was published, in recognition 
of the fact that ensonified area/volume could be more technically 
challenging to predict because of the duration component in the new 
thresholds, we developed an Optional User Spreadsheet that includes 
tools to help predict a simple isopleth that can be used in conjunction 
with marine mammal density or occurrence to help predict takes. We note 
that because of some of the assumptions included in the methods used 
for these tools, we anticipate that isopleths produced are typically 
going to be overestimates of some degree, which will result in some 
degree of overestimate of Level A take. However, these tools offer the 
best way to predict appropriate isopleths when more sophisticated 3D 
modeling methods are not available, and NMFS continues to develop ways 
to quantitatively refine these tools, and will qualitatively address 
the output where appropriate. For stationary sources, NMFS Optional 
User Spreadsheet predicts the closest distance at which, if a marine 
mammal remained at that distance the whole duration of the activity, it 
will not incur PTS. Inputs used in the User Spreadsheet, and the 
resulting isopleths are reported below. The inputs Venoco used to 
obtain the isopleths discussed below are summarized in Table 3 above.

          Table 4--Expected Distances of Level A Threshold Exceedance With Impact and Vibratory Driver
----------------------------------------------------------------------------------------------------------------
                                             User spreadsheet output
-----------------------------------------------------------------------------------------------------------------
                                                               PTS isopleth (meters)
                                 -------------------------------------------------------------------------------
           Source type                                                 High-
                                  Low- frequency  Mid- frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
Impact driving..................            96.9             3.4           115.4            51.8             3.8
Vibratory driving...............             4.3             0.4             6.4             2.6             0.2
----------------------------------------------------------------------------------------------------------------


[[Page 55586]]

Level B Isopleths

    Using 173 dB RMS as the source level for impact pile driving and 
154 dB RMS for vibratory driving, the Level B distance was calculated 
for both impact and vibratory driving, assuming practical spreading. 
For vibratory driving, the Level B isopleth extends out to 1,848 meters 
(1.15 miles; 6,063 feet) from the pile driving site. For impact 
driving, the Level B isopleth extends out to 74 meters (112 feet) from 
the pile driving site.

 Table 5--Expected Distances of Level B Threshold Exceedance With Impact
                          and Vibratory Driver
------------------------------------------------------------------------
                        Level B isopleth (meters)
-------------------------------------------------------------------------
                                                160 dB        120 dB
                Source type                    (impact)     (vibratory)
------------------------------------------------------------------------
Impact driving.............................           74             N/A
Vibratory driving..........................          N/A           1,848
------------------------------------------------------------------------

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.
    At-sea densities for marine mammal species have not been determined 
for marine mammals in the coastal Carpinteria area; therefore, all 
estimates here are determined by using observational data from 
biologists, peer-reviewed literature, and information obtained from 
personal communication with other companies that have conducted 
activities on or near the Carpinteria beach area. Additionally, some 
harbor seal information was collected by the Carpinteria Seal Watch.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    Level A take is not expected or authorized for this activity. Of 
the two types of pile driving, the largest Level A isopleth is from 
impact driving at 51.8 meters for harbor seals, 3.8 meters for 
California sea lion, and 3.45 meters for bottlenose dolphins. Neither 
bottlenose dolphins nor California sea lions are resident to this area 
and are not expected to remain in water near the beach for an extended 
duration of time. At 15 minutes per pile, this is equal to 90 minutes 
per day; however, those 90 minutes will be spread out over multiple 
hours to account for equipment re-sets, breaks, etc. Because dolphins 
and sea lions are not resident and not known to linger in the area, 
full exposure to all impact pile driving within a day is highly 
unlikely. It is even more unlikely that these species will remain 
within 4 meters of the sound source for a continuous period of two and 
a half hours in a day. Harbor seals are resident to the area and the 
beach at the base of the pier is a frequently used haulout. However, it 
is unlikely a harbor seal will remain in water during the total time of 
construction within a day, as they likely will be transiting out from 
the beach to forage and then returning to the beach. Therefore, it is 
estimated that no marine mammal of the three species most likely to 
occur will remain in close enough proximity for the duration of daily 
construction to be exposed to accumulated energy levels reaching the 
onset of PTS. Hence no Level A take is authorized.
    Because of the lack of at-sea density information in the region of 
the project, estimated marine mammal takes were calculated using the 
following formula:
    Level B exposure estimate = N (number of animals) in the ensonified 
area * Number of days of noise generating activities.

Harbor Seal

    Harbor seals are the most abundant species found at the project 
site. This beach is a known rookery for the local population, although 
work will be conducted outside of the pupping season. Although a wealth 
of data exists from the Carpinteria Seal Watch, these data are 
sometimes incomplete and data from some periods are missing. Moreover, 
these data were gathered during the period the Carpinteria Seal Watch 
does its monitoring (about January 1 through May 30 of each year). From 
June 1 through December 30 of each year, such data are virtually 
absent. The project is scheduled to begin in the fall, when the seals 
have largely abandoned the beach because it is open to the public and 
disturbances are chronic. The seals switch to a nighttime haul-out 
pattern during this period, hauling out after sundown and before dawn, 
unless the tide is very high (Seagars 1988). In such cases, the amount 
of haul-out area is very restricted and the seals are largely absent 
during this season. Reliable density data are not available from which 
to calculate the expected number of harbor seals within the Level B 
harassment zone from pile driving. Based on review of the available 
observational data, similar past experience in the project vicinity, 
and project timing (fall season, daytime hours), an estimated range of 
0 to 50 harbor seals is anticipated to be present within the project 
vicinity during work periods. Therefore, it is estimated that up to 50 
seals may be taken per day by Level B harassment. Over two and a half 
days of activity, that results in a total of 125 instances of harbor 
seal takes during the project.

California Sea Lion

    California sea lions are abundant throughout the SCB but do not 
regularly use Carpinteria as a haulout in large numbers. Individuals 
are usually observed hauled out on offshore structures approximately 
0.75 miles southeast of the pier. Reliable density data are not 
available from which to calculate the expected number of sea lions 
within the Level B harassment impact zone for pile driving. Based on 
the available observational data and project timing (fall season), an 
estimated range of zero to 15 sea lions is anticipated to be present 
within the project vicinity during work periods. Therefore it is 
estimated that up to 15 California sea lions may be taken per day by 
Level B harassment in a day. Over two and a half days of activity, that 
results in a total of 38 California sea lions taken during the project 
as it is not known if the California sea lions that come to the beach 
are the same individuals.

Bottlenose Dolphin

    Bottlenose dolphins may occur sporadically near the project area, 
but never in large numbers. Past projects have revealed anywhere from 2 
to 32 animals present at any one time, with an average pod size of 8 
(MMCG 1995; 1998a, b, d, and e; 2001a and b; 2006; 2011c, 2013b, and 
2014b). Therefore, it is estimated that no more than 16 coastal 
bottlenose dolphins (two pods of average group size) may be taken by 
Level B harassment in a day. Over two and a half days of activity, that 
results in a total of 40 bottlenose dolphins taken during the project 
as it is not known if any of the animals sighted will be repeated 
individuals.

Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking for certain 
subsistence uses (latter not applicable for this action). NMFS 
regulations require applicants for

[[Page 55587]]

incidental take authorizations to include information about the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting such activity or other means of 
effecting the least practicable adverse impact upon the affected 
species or stocks and their habitat (50 CFR 216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned) the likelihood of effective implementation (probability 
implemented as planned). and;
    (2) the practicability of the measures for applicant 
implementation, which may consider such things as cost, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    The following measures will apply to Venoco's mitigation through 
shutdown and disturbance zones:

Shutdown Zone

    For all pile driving activities, Venoco will establish a shutdown 
zone intended to contain the area in which SELs equal or exceed the 
auditory injury criteria for cetaceans and pinnipeds. The purpose of a 
shutdown zone is to define an area within which shutdown of activity 
will occur upon sighting of a marine mammal (or in anticipation of an 
animal entering the defined area), thus further preventing injury of 
marine mammals (as described previously under Potential Effects of the 
Specified Activity on Marine Mammals, serious injury or death are 
unlikely outcomes even in the absence of mitigation measures). Venoco 
proposed a shutdown zone for the largest Level A isopleth, which is the 
phocid Level A isopleth of 52 meters. NMFS requires a 10 m minimum 
shutdown zone for construction activities, however Venoco proposed a 
more conservative minimum shutdown zone of 52 meters that will be 
established during all pile driving activities. The 52-meter output is 
the threshold if an animal were to remain within that distance from the 
source for all of the day's pile driving, which is over many hours.

Disturbance Zone

    Disturbance zones are the areas in which SPLs equal or exceed 160 
and 120 dB rms (for impact and vibratory pile driving, respectively). 
Disturbance zones provide utility for monitoring conducted for 
mitigation purposes (i.e., shutdown zone monitoring) by establishing 
monitoring protocols for areas adjacent to the shutdown zones and 
identifying amount of take. Monitoring of disturbance zones enables 
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 is for documenting instances of Level B 
harassment; disturbance zone monitoring is discussed in greater detail 
later (see Monitoring and Reporting). Nominal radial distances for 
disturbance zones are shown in Table 5.
    Given the size of the disturbance zone for vibratory pile driving, 
it is impossible to guarantee that all animals will be observed or to 
make comprehensive observations of fine-scale behavioral reactions to 
sound, and only a portion of the zone (e.g., what may be reasonably 
observed by visual observers stationed on the pier and bluff above the 
beach) will be observed. In order to document observed instances of 
harassment, observers record all marine mammal observations, regardless 
of location. The observer's location, as well as the location of the 
pile being driven, is known from a GPS. The location of the animal is 
estimated as a distance from the observer, which is then compared to 
the location from the pile. It may then be estimated whether the animal 
was exposed to sound levels constituting incidental harassment on the 
basis of predicted distances to relevant thresholds in post-processing 
of observational and acoustic data, and a precise accounting of 
observed incidences of harassment created. This information may then be 
used to extrapolate observed takes in the observable zone multiplied by 
the portion of the zone that is unseen to reach an approximate 
understanding of predicted total takes (Area seen/area unseen = takes 
observed/takes unobserved).
    Based on our evaluation of the applicant's proposed measures, NMFS 
has determined that the mitigation measures provide the means effecting 
the least practicable impact on the affected species or stocks and 
their habitat, paying particular attention to rookeries, mating 
grounds, and areas of similar significance.

Soft Start

    The use of a soft start procedure provides additional protection to 
marine mammals by warning or providing a chance to leave the area prior 
to the hammer operating at full capacity, and typically involves a 
requirement to initiate sound from the hammer at reduced energy 
followed by a waiting period. It is difficult to specify the reduction 
in energy for any given hammer because of variation across drivers and, 
for impact hammers, the actual number of strikes at reduced energy will 
vary because operating the hammer at less than full power results in 
``bouncing'' of the hammer as it strikes the pile, resulting in 
multiple ``strikes.'' For impact driving, we require an initial set of 
three strikes from the impact hammer at reduced energy, followed by a 
30-second waiting period, then 2 subsequent 3 strike sets. This 
procedure is repeated two additional times. Soft start will be required 
at the beginning of each day's impact pile driving work and at any time 
following a cessation of impact pile driving of 30 minutes or longer.

Timing Restrictions

    Venoco will only conduct construction activities during daytime 
hours. Construction will also be restricted to the fall and late summer 
months (July through November) to avoid overlap with harbor seal 
pupping.
    Based on our evaluation of the Venoco's proposed measures, NMFS has 
determined that the 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 
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

[[Page 55588]]

mammals that are expected to be present in the action area. Effective 
reporting is critical both to compliance as well as ensuring that the 
most value is obtained from the required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, 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 mammals; 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
     Mitigation and monitoring effectiveness.

Monitoring Protocols

     Monitoring will be conducted before, during, and after 
pile driving activities., Observers shall record all instances of 
marine mammal occurrence, regardless of distance from activity, and 
shall document any apparent behavioral reactions in concert with 
distance from piles being driven. Observations made outside the 
shutdown zone will not result in shutdown; that pile segment will be 
completed without cessation, unless the animal approaches or enters the 
shutdown zone, at which point all pile driving activities will be 
halted. Monitoring will take place from 30 minutes prior to initiation 
through 30 minutes post-completion of pile driving activities. Pile 
driving activities include the time to install a single pile or series 
of piles, as long as the time elapsed between uses of the pile driving 
equipment is no more than 30 minutes. If pile driving ceases for more 
than 30 minutes, the 30 minute pre-pile driving monitoring effort will 
take place prior to onset of pile driving.
     Prior to the start of pile driving activity, the shutdown 
zone will be monitored for 30 minutes to ensure that it is clear of 
marine mammals. Pile driving will only commence once observers have 
declared the shutdown zone clear of marine mammals. If the shutdown 
zone is not clear of a marine mammals, pile driving will not commence 
until the shut-down zone is clear. Any animals in the shut down zone 
prior to commencement of pile driving will be allowed to remain in the 
shutdown zone and their behavior will be monitored and documented. If 
the 52-meter shutdown zone is not entirely visible (e.g., due to dark, 
fog, etc), pile driving will not commence or proceed if it is underway.
     If a marine mammal approaches or enters the shutdown zone 
during the course of pile driving operations, activity will be halted 
and delayed until either the animal has voluntarily left and been 
visually confirmed beyond the shutdown zone or 30 minutes have passed 
without re-detection.
     If a species for which authorization has not been granted, 
or if a species for which authorization has been granted but the 
authorized takes are met, approaches or is observed within the Level B 
harassment zone, activities will shut down immediately and not restart 
until the animals have been confirmed to have left the area for 30 
minutes. If pile driving has ceased for more than 30 minutes, the 30 
minute pre- pile driving monitoring will begin.
     Venoco shall implement a minimum shutdown zone of 10 meter 
radius around each pile for all construction methods other than pile 
driving for all marine mammals.

Visual Marine Mammal Observations

    Venoco will collect sighting data and behavioral responses to 
construction for marine mammal species observed in the region of 
activity during the period of activity. All marine mammal observers 
(MMOs) will be trained in marine mammal identification and behaviors 
and are required to have no other construction-related tasks while 
conducting monitoring. A minimum of two MMOs will be required for all 
pile driving activities. Venoco will monitor the shutdown zone and 
disturbance zone before, during, and after pile driving, with observers 
located at the best practicable vantage points. Based on our 
requirements, Venoco will implement the following procedures for pile 
driving:
     MMOs will be located at the best vantage point(s) in order 
to properly see the entire shutdown zone and as much of the disturbance 
zone as possible;
     During all observation periods, observers will use 
binoculars and the naked eye to search continuously for marine mammals;
     If the shutdown zones are obscured by fog or poor lighting 
conditions, pile driving at that location will not be initiated until 
that zone is visible. Should such conditions arise while impact driving 
is underway, the activity will be halted; and
     The shutdown zone (52 m) and observable portion of the 
disturbance zone around the pile will be monitored for the presence of 
marine mammals 30 min before, during, and 30 min after any pile driving 
activity.
    If any species for which take is not authorized is observed within 
or approaching the Level B zone by a MMO during pile driving, all 
construction will be stopped immediately. Pile driving will commence if 
the animal has not been seen inside the Level B zone for at 30 minutes 
of observation.

Data Collection

    The IHA requires that observers use approved data forms. Among 
other pieces of information, Venoco 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, Venoco will 
attempt to distinguish between the number of individual animals taken 
and the number of incidences of take. At a minimum, the following 
information will 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 if possible, 
the correlation to SPLs;
     Distance from pile driving activities to marine mammals 
and distance from the marine mammals to the observation point;

[[Page 55589]]

     Description of implementation of mitigation measures 
(e.g., shutdown or delay);
     Locations of all marine mammal observations; and
     Other human activity in the area.

Reporting

    A draft report will be submitted to NMFS within 90 days of the 
completion of marine mammal monitoring, or 60 days prior to the 
requested date of issuance of any future IHA for projects at the same 
location, whichever comes first. The report will include marine mammal 
observations pre-activity, during-activity, and post-activity during 
pile driving days, and will also provide descriptions of any behavioral 
responses to construction activities by marine mammals and a complete 
description of all mitigation shutdowns and the results of those 
actions and an extrapolated total take estimate based on the number of 
marine mammals observed during the course of construction. A final 
report must be submitted within 30 days following resolution of 
comments on the draft report.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    Pile driving activities associated from the Casitas Pier project, 
as outlined previously in the proposed IHA, 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), from underwater sounds generated from pile 
driving. Potential takes could occur if individuals of these species 
are present in the ensonified zone when pile driving occurs.
    No injury is anticipated given the nature of the activities and 
measures designed to minimize the possibility of injury to marine 
mammals. The potential for these outcomes is minimized through the 
implementation of the planned mitigation measures, as described in the 
Estimated Take section. Specifically, vibratory and impact hammers will 
be the primary methods of installation. Impact pile driving produces 
short, sharp pulses with higher peak levels and much sharper rise time 
to reach those peaks. If impact driving is necessary, implementation of 
soft start and shutdown zones significantly reduces any possibility of 
injury. Given sufficient ``notice'' through use of soft start (for 
impact driving), marine mammals are expected to move away from a sound 
source that is annoying prior to it becoming potentially injurious. 
Venoco will use a minimum of two MMOs stationed strategically to 
increase detectability of marine mammals, enabling a high rate of 
success in implementation of shutdowns to avoid injury.
    Venoco's activities are localized and of relatively short duration 
(two and a half days of pile driving 16 piles). The project area is 
also very limited in scope spatially, as all work is concentrated on a 
single pier. These localized and short-term noise exposures may cause 
short-term behavioral modifications in harbor seals, California sea 
lions, and bottlenose dolphins. Moreover, the mitigation and monitoring 
measures are expected to further reduce the likelihood of injury, as it 
is unlikely an animal will remain in close proximity to the sound 
source with small Level A isopleths, as well as reduce behavioral 
disturbances. While the project area is known to be a rookery for 
harbor seals, the work will be conducted in seasons when few harbor 
seals are known to be present and no breeding activities occur.
    The project also is not expected to have significant adverse 
effects on affected marine mammals' habitat. The project activities 
will not modify existing marine mammal habitat for a significant amount 
of time. 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. However, 
because of the short duration of the activities and the relatively 
small area of the habitat that may be affected, and the decreased 
potential of prey species to be in the Project area during the 
construction work window, the impacts to marine mammal habitat are not 
expected to cause significant or long-term negative consequences.
    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 temporary reactions such 
as increased swimming speeds, increased surfacing time, flushing, 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. 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 
will not result in any adverse impact to the stock as a whole.
    In summary and as described above, the following factors primarily 
support our determination that the impacts resulting from this activity 
are not expected to adversely affect the species or stock through 
effects on annual rates of recruitment or survival:
     No injury is anticipated or authorized;
     Level B harassment may consist of, at worst, temporary 
modifications in behavior (e.g., temporary avoidance of habitat or 
changes in behavior);
     The lack of important feeding, pupping, or other areas in 
the action area during the construction window;
     The small impact area relative to species range size;
     The minimization of harassment likelihood and severity due 
to mitigation; and
     The small percentage of the stock that may be affected by 
project activities (< 9 percent for all stocks; Table 6).
    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 monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the 
construction activity will have a negligible impact on

[[Page 55590]]

all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, where estimated numbers are 
available, NMFS compares the number of individuals taken to the most 
appropriate estimation of abundance of the relevant species or stock in 
our determination of whether an authorization is limited to small 
numbers of marine mammals. Additionally, other qualitative factors may 
be considered in the analysis, such as the temporal or spatial scale of 
the activities.
    Table 6 details the number of instances (harbor seals) or 
individuals (California sea lions and bottlenose dolphins) that animals 
could be exposed to received noise levels that could cause Level B 
harassment for the construction work at the project site relative to 
the total stock abundance. The numbers of animals authorized to be 
taken for all species will be considered small relative to the relevant 
stocks or populations even if each estimated instance of take occurred 
to a new individual. The total percent of the population (if each 
instance was a separate individual) for which take is requested is less 
than nine percent for all stocks (Table 6). Based on the analysis 
contained herein of the construction activity (including the mitigation 
and monitoring measures) and the anticipated take of marine mammals, 
NMFS finds that small numbers of marine mammals will be taken relative 
to the population size of the affected species or stocks.

          Table 6--Estimated Numbers and Percentage of Stock That May Be Exposed to Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                                                                     Stock(s)     Percentage  of
                             Species                                Authorized       abundance     total  stock
                                                                  Level B  takes   estimate \1\      (percent)
----------------------------------------------------------------------------------------------------------------
Harbor Seal (Phoca vitulina) California stock...................             125          30,968             .40
California sea lion (Eumatopias jubatus) U.S. Stock.............              38         296,750            .013
Bottlenose dolphin (Tursiops truncatus).........................              40           1,924             2.1
California-Oregon-Washington Stock California Coastal Stock.....  ..............             453            8.83
----------------------------------------------------------------------------------------------------------------
\1\ All stock abundance estimates presented here are from the 2016 Pacific Stock Assessment Report.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks will not 
have an unmitigable adverse impact on the availability of such species 
or stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat.
    No incidental take of ESA-listed species is authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
formal consultation under section 7 of the ESA is not required for this 
action.

Authorization

    NMFS has issued an IHA to Venoco LLC for the potential harassment 
of small numbers of three marine mammal species incidental to the 
Casitas Pier fender pile replacement project in Carpinteria, CA, 
provided the previously mentioned mitigation, monitoring and reporting 
requirements are incorporated.

    Dated: November 16, 2017.
Catherine Marzin,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2017-25258 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-22-P