[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37473-37487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16473]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG106


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Ketchikan Berth IV Expansion 
Project

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

ACTION: Notice; Issuance of an Incidental Harassment Authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
the Ketchikan Dock Company (KDC) to incidentally harass, by Level A and 
B harassment, marine mammals during construction activities associated 
with the Ketchikan Berth IV Expansion project in Ketchikan, AK.

DATES: This Authorization is applicable from October 1, 2018 through 
August 31, 2019.

FOR FURTHER INFORMATION CONTACT: Jonathan Molineaux, 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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. 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.
    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).

Summary of Request

    On February 13, 2018, NMFS received a request from the KDC for an 
IHA to take marine mammals incidental to construction activities 
associated with the Ketchikan Berth IV Expansion Project. The IHA 
application was determined adequate and complete on March 28, 2018. The 
KDC's request is for take of eight species of marine mammals by Level B 
harassment and Level A harassment of a small number of harbor porpoises 
and harbor seals. Neither the KDC nor NMFS expect serious injury or 
mortality to result from this activity and, therefore, an IHA is 
appropriate.

Description of Activity

    The KDC will expand Berth IV, its dock adjacent to downtown 
Ketchikan, Alaska, located in East Tongass Narrows, in order to 
accommodate a new fleet of large cruise ships that are expected to 
reach Alaska in the summer of 2019.
    The expansion will include the removal of some existing piles and 
structures and the installation of new piles and structures. All pile 
driving and removal will take place at the existing dock facility and 
is expected to occur over the course of 29 days (not necessarily 
consecutive). The project will occur in marine waters that support 
several marine mammal species. The pile driving, pile removal, and 
drilling activities associated with the project may result in 
behavioral harassment (Level B harassment and small numbers of Level A 
harassment) of marine mammal species.
    The purpose of this project is to reconfigure Berth IV so that it 
can accommodate larger cruise ships. This project is needed because the 
existing Berth IV cannot support the modern fleet of larger cruise 
ships. Once the project is constructed Berth IV will be

[[Page 37474]]

able to accommodate these large cruise ships.
    Construction activities associated with impact pile driving, 
vibratory pile driving/removal, and drilling are expected to take three 
to four months beginning in Fall 2018. The project is likely to begin 
in October of 2018 and complete in January of 2019, depending on the 
start date, construction could extend into March of 2019. Regardless of 
start date, construction will occur within a four-month (maximum) work 
window. The total number of days for pile removal, pile installation 
and drilling is expected to occur over 29 days (not necessarily 
consecutive days). The total construction duration accounts for the 
time required to mobilize materials and resources and construct the 
project. The duration also accounts for potential delays in material 
deliveries, equipment maintenance, inclement weather, and shutdowns 
that may occur to prevent impacts to marine mammals. Please see Table 1 
below for the specific amount of time required to install and remove 
piles.

                                                       Table--1 Pile Driving Construction Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Project component
                                 -----------------------------------------------------------------------------------------------------------------------
           Description               Existing pile      Temporary pile      Temporary pile      Permanent pile      Permanent pile     Max installation/
                                        removal          installation           removal          installation        installation       removal per day
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pile Diameter and Type..........  24, 30, and 36-     30-inch steel.....  30-inch steel.....  30-inch steel.....  48-inch steel.....  ..................
                                   inch steel.
# of Piles......................  2, 6, and 4         16................  16................  1.................  17................  ..................
                                   respectively; 12
                                   total.
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                                                                 Vibratory Pile Driving
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Max # of Piles Vibrated Per Day.  4.................  4.................  4.................  1.................  2.................  4 temporary or 2
                                                                                                                                       permanent.
Vibratory Time Per Pile.........  15 minutes........  30 minutes........  10 minutes........  1 hour............  1 hour............  ..................
Vibratory Time per day..........  1 hour............  2 hours...........  40 minutes........  1 hour............  2 hours...........  2 hours.
Vibratory Time Total............  3 hours...........  8 hours...........  2 hours 40 minutes  1 hour............  17 hours..........  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Impact Pile Driving
--------------------------------------------------------------------------------------------------------------------------------------------------------
Max # of Piles Impacted Per Day.  0.................  0.................  0.................  0.................  3.................  3.
# of Strikes Per Pile...........  0.................  0.................  0.................  0.................  50 strikes........  150 strikes.
Impact Time Per Pile............  0.................  0.................  0.................  0.................  5 minutes.........  ..................
Impact Time per Day.............  0.................  0.................  0.................  0.................  15 minutes........  15 minutes.
Impact Time Total...............  0.................  0.................  0.................  0.................  1 hour 25 minutes.  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Socketing Pile Installation (Drilling)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Max # of Piles Socketed per Day.  0.................  0.................  0.................  1.................  0.................  1.
Socket Time Per Pile............  0.................  0.................  0.................  3 hours...........  0.................  ..................
Socket Time per Day.............  0.................  0.................  0.................  3 hours...........  0.................  3 hours.
Socket Time Total...............  0.................  0.................  0.................  3 hours...........  0.................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Anchor Drilling
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Max # of Piles drilled per Day..  0.................  0.................  0.................  3.................  0.................  3.
Drilling Time Per Pile..........  0.................  0.................  0.................  2.5 hours.........  0.................  ..................
Drilling Time per Day...........  0.................  0.................  0.................  7.5 hours.........  0.................  7.5 hours.
Anchor Time Total...............  0.................  0.................  0.................  42.5 hours........  0.................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    A detailed description of the planned activities is provided in the 
proposed IHA for this action found in the following Federal Register 
notice (83 FR 22009, May 11, 2018). Since that time, the only 
alteration that has been made to the planned activities is the activity 
duration for impact piling of the 48-inch piles. The number of strikes 
per pile will be no more than 50 strikes per pile (See Table 1). As a 
result of this change in duration, the Level A zone for the activity 
and take numbers were also modified. In addition, take will now be 
authorized for anchor drilling. The new Level A zones for impact piling 
of 48-inch piles, the modeled zones for anchor drilling, and the 
revised take numbers are presented and discussed further in the 
Estimated Take Section. Due to only slight changes in the activity 
duration for impact piling, a detailed description of the action is not 
provided here. Please refer to the Federal Register notice (83 FR 
22009, May 11, 2018) for the proposed IHA for the description of the 
specific activity.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA was published in the 
Federal Register on May 11, 2018 (83 FR 22009). During the 30-day 
public comment period, the Marine Mammal Commission (Commission) 
submitted a letter on April 2, 2018. The Commission recommended that 
NMFS issue the IHA, subject to inclusion of the mitigation, monitoring, 
and reporting measures.
    Comment 1: The Commission recommends that NMFS review more 
thoroughly both the applications prior

[[Page 37475]]

to deeming them complete and its notices prior to submitting them for 
publication in the Federal Register. For example, the Commission stated 
that NMFS incorrectly assumed a pile casing would inhibit sound 
transmission during drilling of 30-in anchors into bedrock, which 
underestimated the numbers of Level B harassment takes for harbor seals 
and Steller sea lions.
    Response: NMFS thanks the Commission for pointing out the errors in 
the Federal Register notice for the proposed authorization. NMFS has 
addressed those errors in this notice of issuance of the authorization. 
NMFS makes every effort to read notices thoroughly prior to publication 
and will continue this effort to publish the best possible product for 
public comment. In addition, NMFS notes that recent drilling techniques 
which have not been authorized in the past require further review due 
to the novelty of such actions. Due to this, NMFS continues to welcome 
suggestions from the Commission on how to approach new drilling 
techniques until acoustic monitoring data is available for such 
actions.
    Comment 2: The Commission recommends that NMFS refrain from 
implementing its proposed renewal process and instead use abbreviated 
Federal Register notices and reference existing documents to streamline 
the incidental harassment authorization process. The Commission also 
suggested that NMFS should discuss the possibility of renewals through 
a more general route, such as a rulemaking, instead of notice in a 
specific authorization. The Commission further recommended that if NMFS 
did not pursue a more general route, that the agency provide the 
Commission and the public with a legal analysis supporting our 
conclusion that this process is consistent with the requirements of 
section 101(a)(5)(D) of the MMPA.
    Response: The process of issuing a renewal IHA does not bypass the 
public notice and comment requirements of the MMPA. The notice of the 
proposed IHA expressly notifies the public that under certain, limited 
conditions an applicant could seek a renewal IHA for an additional 
year. The notice describes the conditions under which such a renewal 
request could be considered and expressly seeks public comment in the 
event such a renewal is sought. Additional reference to this 
solicitation of public comment has recently been added at the beginning 
of FR notices that consider renewals. NMFS appreciates the streamlining 
achieved by the use of abbreviated FR notices and intends to continue 
using them for proposed IHAs that include minor changes from previously 
issued IHAs, but which do not satisfy the renewal requirements. We 
believe our proposed method for issuing renewals meets statutory 
requirements and maximizes efficiency. Importantly, such renewals would 
be limited to circumstances where: the activities are identical or 
nearly identical to those analyzed in the proposed IHA; monitoring does 
not indicate impacts that were not previously analyzed and authorized; 
and, the mitigation and monitoring requirements remain the same, all of 
which allow the public to comment on the appropriateness and effects of 
a renewal at the same time the public provides comments on the initial 
IHA. NMFS has, however, modified the language for future proposed IHAs 
to clarify that all IHAs, including renewal IHAs, are valid for no more 
than one year and that the agency would consider only one renewal for a 
project at this time. In addition, notice of issuance or denial of a 
renewal IHA would be published in the Federal Register, as they are for 
all IHAs. Last, NMFS will publish on our website a description of the 
renewal process before any renewal is issued utilizing the new process.

Description of Marine Mammals in the Area of Specified Activities

    A detailed description of the of the species likely to be affected 
by the construction 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 (83 FR 22009, May 11, 2018); 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' website (https://www.fisheries.noaa.gov/topic/population-assessments/marine-mammals) for generalized species accounts. All 
species that could potentially occur in the planned survey area are 
included in Table 2.

                               Table 2--Marine Mammals That Could Occur in the Project Area During the Specified Activity
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                                                                                                       Stock abundance
                                                                                                      Nbest, (CV, Nmin,
           Common name               Scientific name         MMPA Stock         ESA/MMPA status;         most recent            PBR         Annual M/SI
                                                                               Strategic (Y/N) \1\    abundance survey)                         \3\
                                                                                                             \2\
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                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
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                                                                    Family Balaenidae
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Humpback whale...................  Megaptera            Central North        E, D,Y                  10,103 (0.3; 7,890;              83              21
                                    novaeangliae.        Pacific.                                     2006).
Minke whale......................  Balaenoptera         Alaska.............  -, N                    N.A................            N.A.            N.A.
                                    acutorostrata.
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                            Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
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Killer whale.....................  Orcinus orca.......  Alaska Resident....  -, N                    2,347 (N.A.; 2,347;            23.4               1
                                                                                                      2012) \4\.
                                                        West Coast           -, N                    243 (N.A, 243,                  2.4               1
                                                         Transient                                    2009) \4\.
                                                        Northern Resident    -, N                    290 (N.A; 290;                 1.96               0
                                                                                                      2014) \6\.

[[Page 37476]]

 
Pacific white-sided dolphin......  Lagenorhynchus       North Pacific......  -/-; N                  26,880 (N.A.; N.A.;            N.A.               0
                                    obliquidens.                                                      1990).
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                                                                   Family Phocoenidae
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Harbor porpoise..................  Phocoena phocoena..  Southeast Alaska...  -, Y                    975 (0.10; 896;             8.9 \5\          34 \5\
                                                                                                      2012) \5\.
Dall's porpoise..................  Phocoenoides dalli.  Alaska.............  -, N                    83,400.............            N.A.              38
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
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                                                      Family Otariidae (eared seals and sea lions)
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Steller sea lion.................  Eumatopia jubatus..  Eastern U.S........  -,-, N                  41,638 (N/A;                  2,498             108
                                                                                                      41,638; 2015).
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                                                             Family Phocidae (earless seals)
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Harbor seal......................  Phoca vitulina       Clarence Strait....  -, N                    31,634 (N.A.;                 1,222              41
                                    richardii.                                                        29,093; 2011).
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\1\ 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 (N/A).
\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).
\4\ N is based on counts of individual animals identified from photo-identification catalogs.
\5\ In the SAR for harbor porpoise (NMFS 2017), NMFS identified population estimates and PBR for porpoises within inland Southeast Alaska waters (these
  abundance estimates have not been corrected for g(0); therefore, they are likely conservative). The calculated PBR is considered unreliable for the
  entire stock because it is based on estimates from surveys of only a portion (the inside waters of Southeast Alaska) of the range of this stock as
  currently designated. The Annual M/SI is for the entire stock, including coastal waters.
\6\ Abundance estimates obtained from Towers et al., 2015.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of underwater noise from pile driving/removal and 
drilling activities for the Ketchikan Berth IV Expansion project have 
the potential to result in Level A and Level B harassment of marine 
mammals in the vicinity of the action area. The Federal Register notice 
for the proposed IHA (83 FR 22009, May 11, 2018) included a discussion 
of the effects of anthropogenic noise on marine mammals and their 
habitat in the action area, therefore that information is not repeated 
here; please refer to the Federal Register notice (83 FR 22009, May 11, 
2018) for that information.

Estimated Take

    This section provides an estimate of the number of incidental takes 
for authorization through this IHA, which will inform both NMFS's 
consideration of ``small numbers'' 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 would primarily be by Level B harassment, as use 
of impact pile driving, vibratory pile driving/removal, and drilling 
has the potential to result in disruption of behavioral patterns for 
individual marine mammals. There is also some potential for auditory 
injury (Level A harassment) to result, primarily for harbor seals and 
harbor porpoises due to larger predicted auditory injury zones. 
Auditory injury is unlikely to occur for other species. The mitigation 
and monitoring measures are expected to minimize the severity of such 
taking to the extent practicable.
    As described previously, no mortality or serious injury is 
anticipated or authorized for this activity. 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 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) 
the number of days of activities. Below, we describe these components 
in more detail and present the 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 would be reasonably expected to be 
behaviorally harassed or experience TTS (equated to Level B harassment) 
or to incur PTS of

[[Page 37477]]

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 dB re 1 [mu]Pa rms for continuous (e.g., 
vibratory pile-driving, drilling) and above 160 dB re 1 [mu]Pa rms for 
non-explosive impulsive (e.g., impact pile driving) or intermittent 
(e.g., scientific sonar) sources.
    KDC's construction activity includes the use of continuous 
(vibratory pile driving and drilling) and impulsive (impact pile 
driving) sources, and therefore the 120 and 160 dB re 1 [mu]Pa rms 
thresholds for Level B behavioral harassment 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). 
KDC's activity includes the use of impulsive (impact pile driving) and 
non-impulsive (vibratory pile driving and drilling) sources.
    These thresholds 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.
[GRAPHIC] [TIFF OMITTED] TN01AU18.009


[[Page 37478]]



Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds.
    Reference sound levels used by KDC for all vibratory and impact 
piling activities were derived from source level data from construction 
projects at the Port of Anchorage (Austin et al., 2016) and Ketchikan 
Ferry Terminal (Denes et al., 2016). To determine the ensonfied areas 
for both the Level A and Level B zones for vibratory piling of 48-inch/
36-inch steel piles and 30-inch/24-inch steel piles, KDC used Sound 
Pressure Levels (SPLs) of 168.2 dB re 1 [mu]Pa rms and 161.9 dB re 1 
[mu]Pa rms respectively. These were derived from vibratory pile driving 
data (of the same pile sizes) during the Port of Anchorage test pile 
project (Austin et al., 2016, Tables 9 and 16) and the Ketchikan Ferry 
Terminal (Denes et al., 2016, Table 72).
    For impact pile driving, KDC used both SPLs and Sound Exposure 
Levels (SEL) derived from SSV studies conducted on 48-inch steel piles 
during the Port of Anchorage test pile project. To determine Level A 
ensonified zones from impact piling, KDC utilized an SEL of 186.7 dB. 
When determining Level A zones, SELs are more accurate than SPLs, as 
they incorporate the pulse duration explicitly rather than assuming a 
proxy pulse duration and they provide a more refined estimation of 
impacts. However, to determine the Level B zone for impact piling, an 
SPL of 198.6 dB re 1 [mu]Pa rms was used. In addition, for drilling 
(socket and anchor pile installation), KDC used a reference sound level 
of 167.7 dB re 1 [mu]Pa rms from SSV studies conducted during drilling 
activities at the Kodiak Ferry Terminal to calculate both the Level A 
and Level B ensonified zones for the Berth IV Expansion project. More 
information on the source levels used are presented in Table 4 below.

                     Table 4--Project Source Levels
------------------------------------------------------------------------
                                              Source level at 10 meters
                  Activity                               (dB)
------------------------------------------------------------------------
                     Vibratory Pile Driving/Removal
------------------------------------------------------------------------
24-inch steel removal (2 piles) (~1 hour on  161.9 SPL \2\
 1 day) \1\.
30-inch steel removal (6 piles) (~1 hour     161.9 SPL \2\
 per day on 2 days).
36-inch steel removal (4 piles) (~1 hour on  168.2 SPL \2\
 1 day).
30-inch steel temporary installation (16     161.9 SPL \2\
 piles) (~2 hours per day on 4 days).
30-inch steel permanent installation (1      161.9 SPL \2\
 pile) (~2 hours on 1 day).
48-inch steel permanent installation (17     168.2 SPL \2\
 piles) (~2 hours per day on 9 days).
------------------------------------------------------------------------
                           Impact Pile Driving
------------------------------------------------------------------------
48-inch steel permanent installation (17     186.7 SEL/198.6 SPL \3\
 piles) (~15 minutes per day on 6 days).
------------------------------------------------------------------------
                    Socketing Installation (Drilling)
------------------------------------------------------------------------
30-inch steel permanent installation (1      167.7 SPL \4\
 pile) (~3 hours on 1 day).
------------------------------------------------------------------------
                    Anchoring Installation (Drilling)
------------------------------------------------------------------------
30-inch steel permanent installation (17     167.7 SPL \4\
 piles) (~2.5 hours per day).
------------------------------------------------------------------------
\1\ This project will only remove two 24-inch diameter steel piles total
  for a maximum of 30 minutes of removal in one day. However, because a
  maximum of 4 piles could be removed each day, we used 1 hour (the time
  it would take to remove four piles) of removal time instead of 30
  minutes to calculate the distance threshold.
\2\ The 36-inch and 48-inch diameter pile source levels are proxy from
  median measured source levels from pile driving of 48-inch piles for
  the Port of Anchorage test pile project (Austin et al. 2016, Tables 9
  and 16). The 24-inch and 30-inch diameter source levels are proxy from
  median measured sources levels from pile driving of 30-inch diameter
  piles to construct the Ketchikan Ferry Terminal (Denes et al. 2016,
  Table 72).
\3\ Sound pressure level root-mean-square (SPL rms) values were used to
  calculate distance to Level B harassment isopleths for impact pile
  driving. The source level of 186.7 SEL is the median measured from the
  Port of Anchorage test pile project for 48-inch piles (Austin et al.
  2016, Table 9). We calculated the distances to Level A thresholds
  assuming 50 strikes per pile at 3 piles per day.
\4\ The 30-inch diameter socketing and anchor source levels are derived
  from rom mean measured source levels from drilling of 24-inch diameter
  piles to construct the Kodiak Ferry Terminal (Denes et al. 2016, Table
  72). The mean was chosen as a proxy due to it being more conservative
  than the median source level.

Level B Zones

    The practical spreading model was used by KDC to generate the Level 
B harassment zones for all piling and drilling activities. Practical 
Spreading, a form of transmission loss, is described in full detail 
below.
    Pile driving and drilling 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

[[Page 37479]]

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 where water increases with depth 
as the receiver moves away from the shoreline, resulting in an expected 
propagation environment that would lie between spherical and 
cylindrical spreading loss conditions.
    Utilizing the practical spreading loss model, KDC determined 
underwater noise will fall below the behavioral effects threshold of 
120 dB rms for marine mammals at a max radial distance of 16,343 meters 
and 15,136 meters for vibratory piling and drilling, respectively.\1\ 
With these radial distances, and due to the occurrence of landforms 
(See Figure 5 of IHA Application), the largest Level B zone calculated 
for vibratory piling and drilling equaled 10.3 km\2\. For calculating 
the Level B zone for impact driving, the practical spreading loss model 
was used with a behavioral threshold of 160 dB rms. The maximum radial 
distance of the Level B ensonified zone for impact piling equaled 3,744 
meters. At this radial distance, the entire Level B zone for impact 
piling equaled 4.9 km\2\. Table 5 below provides all Level B radial 
distances and their corresponding areas for each activity during KDC's 
Berth IV Expansion project.
---------------------------------------------------------------------------

    \1\ These distances represent calculated distances based on the 
practical spreading model; however, landforms will block sound 
transmission at closer distances. The farthest distance that sound 
will transmit from the source is 13,755 m before transmission is 
stopped by Annette Island.

  Table 5--Level B Zones Calculated Using the Practical Spreading Model
------------------------------------------------------------------------
                                                          Level B zone
               Source                   Level B zones        (square
                                          (meters)         kilometers)
------------------------------------------------------------------------
                         Vibratory Pile Driving
------------------------------------------------------------------------
24-inch steel removal (2 piles) (~1              6,215               5.9
 hour on 1 day 3)...................
30-inch steel removal (6 piles) (~1              6,215               5.9
 hour per day on 2 days)............
36-inch steel removal (4 piles) (~1            *16,343              10.3
 hour on 1 day).....................
30-inch steel temporary installation             6,215               5.9
 (16 piles) (~2 hours per day on 4
 days)..............................
30-inch steel permanent installation             6,215               5.9
 (1 pile) (~2 hours on 1 day).......
48-inch steel permanent installation           *16,343              10.3
 (17 piles) (~2 hours per day on 9
 days)..............................
------------------------------------------------------------------------
                           Impact Pile Driving
------------------------------------------------------------------------
48-inch steel (17 piles) (~15                    3,745               4.9
 minutes per day on 6 days).........
------------------------------------------------------------------------
                 Socketing Pile Installation (Drilling)
------------------------------------------------------------------------
30-inch steel (1 pile) (~3 hours on            *15,136              10.3
 1 day).............................
------------------------------------------------------------------------
* These distances represent calculated distances based on the practical
  spreading model; however, landforms will block sound transmission at
  closer distances. The farthest distance that sound will transmit from
  the source is 13,755 m before transmission is stopped by Annette
  Island.

Level A Zones

    When NMFS's 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 a 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 (i.e., pile driving 
and drilling), NMFS's User Spreadsheet predicts the closest distance at 
which, if a marine mammal remained at that distance the whole duration 
of the activity, it would not incur PTS. Inputs used in the User 
Spreadsheet, and the resulting Level A isopleths are reported below.

                                                    Table 6--NMFS's Optional User Spreadsheet Inputs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 User spreadsheet input
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Vibratory pile    Vibratory pile    Vibratory pile   Vibratory pile
                                                                   driver  (removal       driver            driver           driver
        Equipment type           Socket drill      Anchor drill     of 30-inch and   (installation of   (installation    (installation     Impact pile
                                                                     24-inch steel     30-inch steel      of 36-inch       of 48-inch         driver
                                                                        piles)            piles)         steel piles)     steel piles)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spreadsheet Tab Used.........  Non-impulsive,    Non-impulsive,    Non-impulsive,    Non-impulsive,    Non-impulsive,   Non-impulsive,   Impulsive,
                                continuous.       continuous.       continuous.       continuous.       continuous.      continuous.     Non-continuous
Source Level.................  167.7 SPL.......  167.7 SPL.......  161.9 SPL.......  161.9 SPL.......  168.2 SPL......  168.2 SPL......  186.7 SEL
Weighting Factor Adjustment    2...............  2...............  2.5.............  2.5.............  2.5............  2.5............  2
 (kHz).

[[Page 37480]]

 
(a) Activity duration within   (a) 3...........  (a) 7.5.........  (a) 1...........  (a) 2...........  (a) 1..........  (a) 2..........  (b) 150
 24 hours.                                                                                                                               (c) 3
(b) Number of strikes per
 pile.
(c) Number of piles per day..
Propagation (xLogR)..........  15..............  15..............  15..............  15..............  15.............  15.............  15
Distance of source level       10..............  10..............  10..............  10..............  10.............  10.............  10
 measurement (meters) +.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                 Table 7--NMFS Optional User Spreadsheet Outputs
----------------------------------------------------------------------------------------------------------------
                                             User spreadsheet output
-----------------------------------------------------------------------------------------------------------------
                                                                       High-
           Source type             Low-frequency   Mid-frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
                                              PTS Isopleth (meters)
----------------------------------------------------------------------------------------------------------------
Socket Drilling.................              40             2.3              35            21.4             1.6
Anchor Drilling.................            73.6             4.1            64.5            39.4             2.9
Vibratory Pile Driver (Removal               7.8             0.7            11.6             4.8             0.3
 of 30-inch and 24-inch steel
 piles).........................
Vibratory Pile Driver                       12.4             1.1            18.4             7.6             0.5
 (Installation of 30-inch steel
 piles).........................
Vibratory Pile Driver                       20.6             1.8            30.5            12.5             0.9
 (Installation of 36-inch steel
 piles).........................
Vibratory Pile Driver                       32.7             2.9            48.4            19.9             1.4
 (Installation of 48-inch steel
 piles).........................
Impact Pile Driver..............           497.5            17.7           592.6           266.2            19.4
----------------------------------------------------------------------------------------------------------------
                                         Daily ensonified area (km \2\)
----------------------------------------------------------------------------------------------------------------
Socket Drilling.................           0.003        0.000008           0.002         0.00078        0.000004
Anchor Drilling.................            0.02         0.00005            0.01           0.005         0.00003
Vibratory Pile Driver (Removal            0.0001       0.0000008          0.0002         0.00004       0.0000001
 of 30-inch and 24-inch steel
 piles).........................
Vibratory Pile Driver                     0.0002        0.000002          0.0005         0.00009       0.0000004
 (Installation of 30-inch steel
 piles).........................
Vibratory Pile Driver                      0.001         0.00001           0.003          0.0005        0.000003
 (Installation of 36-inch steel
 piles).........................
Vibratory Pile Driver                      0.003         0.00003           0.007           0.001        0.000006
 (Installation of 48-inch steel
 piles).........................
Impact Pile Driver..............             0.8           0.001             1.1            0.22          0.0019
----------------------------------------------------------------------------------------------------------------

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. Potential exposures to impact pile driving, vibratory 
pile driving/removal and drilling noises for each acoustic threshold 
were estimated using group size estimates and local observational data. 
As previously stated, Level B take as well as small numbers of Level A 
take will be considered for this action. Level B and Level A take are 
calculated differently for some species based on monthly and daily 
sightings data based on Freitag (2017) and average group sizes within 
the action area. Below gives a description of estimated habitat use and 
group sizes for the eight species of marine mammals known to occur 
within the action area.
Humpback Whale
    Humpback whales frequent the action area and could be encountered 
during any given day of dock construction. In the project vicinity, 
humpback whales typically occur in groups of 1-2 animals, with an 
estimated maximum group size of four animals. Humpback whales can pass 
through the action area 0-3 times a month (Freitag 2017).
Minke Whale
    Minke whales are rare in the action area, but they could be 
encountered during any given day of dock construction. These whales are 
usually sighted individually or in small groups of 2-3, but there are 
reports of loose aggregations of hundreds of animals (NMFS 2018). 
Freitag (2017) estimates that a group of three whales may occur near or 
within the action over the four-month period.
Killer Whales
    Killer whales pass through the action area and could be encountered 
during any given day of dock construction. In the project vicinity, 
typical killer whale

[[Page 37481]]

pod size varies from between 1-2 and 7-10 individuals, with an 
estimated maximum group size of 10 animals. Killer whales are estimated 
to pass through the action area one time a month (Freitag 2017).
Pacific White-Sided Dolphin
    Pacific white-sided dolphins are rare in the action area, but they 
could be encountered during any given day of dock construction (Freitag 
2017). Pacific-white sided dolphins have been observed in Alaska waters 
in groups ranging from 20 to 164 animals (Muto et al 2016a).
Dall's Porpoise
    Dall's porpoises are seen infrequently in the action area (Freitag 
2017), but they could be encountered during any given day of dock 
construction. In the project vicinity, Dall's porpoises typically occur 
in groups of 10-15 animals, with an estimated maximum group size of 20 
animals. Dall's porpoises have been observed passing through the action 
area 0-1 times a month (Freitag 2017).
Harbor Porpoise
    Harbor porpoises are seen infrequently in the action area, but they 
could be encountered during any given day of dock construction. In the 
project vicinity, harbor porpoises typically occur in groups of one to 
five animals, with an estimated maximum group size of eight animals. 
Harbor porpoises have been observed passing through the action area 0-1 
times a month (Freitag 2017).
Harbor Seals
    Harbor seals are common in the action area and are expected to be 
encountered in low numbers during dock construction. In the action area 
harbor seals typically occur in groups of one to three animals, with an 
estimated maximum group size of three animals. Harbor seals can occur 
every day of the month in the project area (Freitag 2017).
Steller Sea Lions
    Steller sea lions are common in the action area and are expected to 
be encountered in low numbers during dock construction. In the project 
vicinity Steller sea lions typically occur in groups of 1-10 animals 
(Freitag 2017), with an estimated maximum group size of 80 animals (HDR 
2003). Steller sea lions can occur every day of the month in the 
project area (Freitag 2017).

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate. Table 8 below shows 
take as a percentage of population for each of the species.
Humpback Whale
    Based on observational and group data it is estimated that a group 
of 2 humpback whales may occur within the Level B harassment zone three 
times each month over the four-month construction window during active 
pile driving (2 animals in a group x 3 groups each month x 4 months = 
24 animals). Therefore, NMFS authorizes 24 Level B takes of humpback 
whales.
Minke Whale
    Based on local sighting information (Freitag 2017), it is estimated 
that a group of three whales may occur within the Level B harassment 
zone once over the four-month construction window during active pile 
driving (three animals in a group x one group in four months = 3 
animals). Therefore, NMFS authorizes three Level B takes of minke 
whale.
Killer Whales
    Based on observational and group data it is estimated that a group 
of 10 killer whales may occur within the Level B harassment zone one 
time each month over the four-month construction window during active 
pile driving (10 animals in a group x 1 group each month x 4 months = 
40 animals). Therefore, NMFS authorizes 40 Level B takes of killer 
whales. (To clarify, this request is for 40 takes from all stocks 
combined, not 40 takes from each stock).
Pacific White-Sided Dolphin
    Based on observational and group data it is estimated that a group 
of 92 (median between 20 and 164) Pacific-white sided dolphins may 
occur within the Level B harassment zone once over the four-month 
construction window during active pile driving (92 animals in a group x 
one group in four months = 92 animals). Therefore, NMFS authorizes 92 
Level B takes of Pacific white-sided dolphins.
Dall's Porpoise
    Based on observational and group data it is estimated that a group 
of 15 Dall's porpoises may occur within the Level B harassment zone one 
time each month over the four-month construction window during active 
pile driving (15 animals in a group x one group each month x four 
months = 60 animals). Therefore, NMFS authorizes 60 Level B takes of 
Dall's porpoise.
Harbor Porpoise
    Based on observational and group data it is conservatively 
estimated that a group of 5 harbor porpoise may occur within the Level 
B harassment zone one time each month over the four-month construction 
window during active pile driving (five animals in a group x one group 
each month x four months = 20 animals). In addition, NMFS authorizes 
Level A take for two groups of harbor porpoises to safeguard against 
the possibility of PSOs not being able detect a group of harbor 
porpoises within their largest corresponding shutdown (see table 9). 
Therefore, NMFS authorizes 20 Level B takes and 10 Level A takes of 
harbor porpoises.
Harbor Seals
    Based on observational and group data it is conservatively 
estimated that two groups of three harbor seals may occur within the 
Level B harassment zone every day that pile driving may occur, and pile 
driving is estimated to occur on 29 days during the four-month long 
construction duration (three animals in a group x two groups per day x 
29 days = 174 animals). In addition, NMFS authorizes Level A take for 
six groups of harbor seals to safeguard against the possibility of PSOs 
not being able detect a group of harbor seals within their largest 
corresponding shutdown zone (see Table 9). Therefore, NMFS authorizes 
174 Level B takes and 18 Level A takes of harbor seals.
Steller Sea Lions
    Based on observational and group data it is estimated that a group 
of 10 Steller sea lions may occur within the Level B harassment zone 
every day that pile driving may occur, and pile driving is estimated to 
occur on 29 days during the 4-month long construction duration (10 
animals in a group x 20 days = 290 animals). Therefore, NMFS authorizes 
290 Level B takes of Steller sea lions.

[[Page 37482]]



                           Table 8--Take Estimates as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                Species                     Stock (NEST) \a\          Level A         Level B          stock
----------------------------------------------------------------------------------------------------------------
Humpback Whale........................  Hawaii DPS (11,398) \b\.               0          \b\ 22            0.20
                                        Mexico DPS (3,264) \b\..  ..............               2            0.03
Minke Whale...........................  Alaska (N/A)............               0               3             N/A
Killer Whale..........................  Alaska Resident (2,347).               0              40            1.70
                                        Northern Resident (261).  ..............  ..............           15.33
                                        West Coast Transient      ..............  ..............       \d\ 16.46
                                         (243).
Pacific White-Sided Dolphin...........  North Pacific (26,880)..               0              92            0.34
Dall's Porpoise.......................  Alaska (83,400).........               0              60            0.07
Harbor Porpoise.......................  Southeast Alaska (975)                10              20            3.07
                                         \c\.
Harbor Seal...........................  Clarence Strait (31,634)              18             174            0.61
Steller Sea Lion......................  Eastern U.S. (49,497)...               0             290            0.59
----------------------------------------------------------------------------------------------------------------
\a\ Stock estimate from Muto, M. M. et al. 2016. Appendix 2. Stock Summary Table (last revised 12.30.16). NOAA-
  TM-AFSC-355Muto,M.M., et al. http://www.nmfs.noaa.gov/pr/sars/pdf/ak_2016_sars_appendix_2.pdf unless otherwise
  noted.
\b\ Under the MMPA humpback whales are considered a single stock (Central North Pacific); however, we have
  divided them here to account for DPSs listed under the ESA. Based on calculations in Wade et al. 2016, 93.9
  percent of the humpback whales in Southeast Alaska are expected to be from the Hawaii DPS and 61 percent are
  expected to be from the Mexico DPS.
\c\ In the SAR for harbor porpoise (NMFS 2017), NMFS identified population estimates and PBR for porpoises
  within inland Southeast Alaska waters (these abundance estimates have not been corrected for g(0); therefore,
  they are likely conservative.
\d\ These percentages assume all 40 takes come from each individual stock, thus the percentage should be
  inflated if multiple stocks are actually impacted.

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 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 mitigation measures are in the IHA:

Timing Restrictions

    All work shall be conducted during daylight hours. If poor 
environmental conditions restrict visibility full visibility of the 
shutdown zone, pile installation would be delayed.

Sound Attenuation

    To minimize noise during vibratory and impact pile driving, pile 
caps (pile softening material) shall be used. KDC shall use high-
density polyethylene (HDPE) or ultra-high-molecular- weight 
polyethylene (UHMW) softening material on all templates to eliminate 
steel on steel noise generation.

Shutdown Zone for in-water Heavy Machinery Work

    For in-water heavy machinery work (using, e.g., standard barges, 
tug boats, barge-mounted excavators, or clamshell equipment used to 
place or remove material), a minimum 10 meter shutdown zone shall be 
implemented. If a marine mammal comes within 10 meters of such 
operations, operations shall cease and vessels shall reduce speed to 
the minimum level required to maintain steerage and safe working 
conditions. This type of work could include (but is not limited to) the 
following activities: (1) Movement of the barge to the pile location; 
(2) positioning of the pile on the substrate via a crane (i.e., 
stabbing the pile); or (3) removal of the pile from the water column/
substrate via a crane (i.e., deadpull).

Additional Shutdown Zones

    For all pile driving/removal and drilling activities, KDC shall 
establish a shutdown zone for a marine mammal species that is greater 
than its corresponding Level A zone. The purpose of a shutdown zone is 
generally to define an area within which shutdown of the activity would 
occur upon sighting of a marine mammal (or in anticipation of an animal 
entering the defined area). The shutdown zones for each of the pile 
driving and drilling activities are listed below in Table 9.

[[Page 37483]]



                                             Table 9--Shutdown zones
----------------------------------------------------------------------------------------------------------------
                                                              Shutdown zones (meters)
                                 -------------------------------------------------------------------------------
                                                                       High-
                                   Low-frequency   Mid-frequency     frequency
             Source                  cetaceans       cetaceans       cetaceans
                                     (humpback    (killer whale,      (dall's         Phocid       Otariid  (sea
                                   whale,  minke   pacific-white     porpoise,     (harbor seal)       lion)
                                      whale)      sided dolphin)      harbor
                                                                     porpoise)
----------------------------------------------------------------------------------------------------------------
                                        In-Water Construction Activities*
----------------------------------------------------------------------------------------------------------------
In Water Heavy Construction                   10              10              10              10              10
 (i.e., Barge movements, pile
 positioning, deadpulling, and
 sound attenuation).............
----------------------------------------------------------------------------------------------------------------
                                             Vibratory Pile Driving
----------------------------------------------------------------------------------------------------------------
24-inch steel removal (2 piles)               25              25              25              25              25
 (~1 hour on 1 day).............
30-inch steel removal (6 piles)               25              25              25              25              25
 (~1 hour per day on 2 days)....
36-inch steel removal (4 piles)               25              25              50              25              25
 (~1 hour on 1 day).............
30-inch steel temporary                       25              25              25              25              25
 installation (16 piles) (~2
 hours per day on 4 days).......
30-inch steel permanent                       25              25              25              25              25
 installation (1 pile) (~2 hours
 on 1 day)......................
48-inch steel permanent                       50              25              50              25              25
 installation (17 piles) (~2
 hours per day on 9 days).......
----------------------------------------------------------------------------------------------------------------
                                               Impact Pile Driving
----------------------------------------------------------------------------------------------------------------
48-inch steel permanent                      500              25             600             270              25
 installation (17 piles) (~15
 minutes per day on 6 days).....
----------------------------------------------------------------------------------------------------------------
                                     Socketing Pile Installation (Drilling)
----------------------------------------------------------------------------------------------------------------
30-inch steel permanent                       50              25              50              25              25
 installation (1 pile) (3 hours
 per day on 1 day)..............
----------------------------------------------------------------------------------------------------------------
                                       Anchor Pile Installation (Drilling)
----------------------------------------------------------------------------------------------------------------
30-inch steel permanent                       80              25              80              50              25
 installation (7.5 hours per
 day)...........................
----------------------------------------------------------------------------------------------------------------

Monitoring Zones

    KDC shall establish and observe a monitoring zone. The monitoring 
zones for this project are areas where SPLs are equal to or exceed 120 
dB rms (for vibratory pile driving and drilling) and 160 dB rms (for 
impact driving). These areas are equal to Level B harassment zones and 
are presented in Table 10 below. These 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. 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 detail later 
(see Monitoring and Reporting).

                       Table 10--Monitoring Zones
------------------------------------------------------------------------
                                                           Level B  zone
                 Source                   Level B  zones      (square
                                              (meters)      kilometers)
------------------------------------------------------------------------
                         Vibratory Pile Driving
------------------------------------------------------------------------
24-inch steel removal (2 piles) (~1 hour           6,215             5.9
 on 1 day)..............................
30-inch steel removal (6 piles) (~1 hour           6,215             5.9
 per day on 2 days).....................
36-inch steel removal (4 piles) (~1 hour          13,755            10.3
 on 1 day)..............................
30-inch steel temporary installation (16           6,215             5.9
 piles) (~2 hours per day on 4 days)....
30-inch steel permanent installation (1            6,215             5.9
 pile) (~2 hours on 1 day)..............
48-inch steel permanent installation (17          13,755            10.3
 piles) (~2 hours per day on 9 days)....
------------------------------------------------------------------------
                           Impact Pile Driving
------------------------------------------------------------------------
48-inch steel (17 piles) (~15 minutes              3,745             4.9
 per day on 6 days).....................
------------------------------------------------------------------------

[[Page 37484]]

 
                 Socketing Pile Installation (Drilling)
------------------------------------------------------------------------
30-inch steel (1 pile) (~3 hours on 1             13,755            10.3
 day)...................................
                   Anchor Pile Installation (Drilling)
------------------------------------------------------------------------
30-inch steel (17 piles) (~7.5 hours on           13,755            10.3
 1 day).................................
------------------------------------------------------------------------

Non-Authorized Take Prohibited

    If a species enters or approaches the Level B zone and that species 
is either not authorized for take or its authorized takes are met, pile 
driving, pile removal, and drilling activities must shut down 
immediately using delay and shut-down procedures. Activities must not 
resume until the animal has been confirmed to have left the area or an 
observation time period of 15 minutes has elapsed.

Soft Start

    The use of a soft-start procedure are believed to provide 
additional protection to marine mammals by providing warning and/or 
giving marine mammals a chance to leave the area prior to the impact 
hammer operating at full capacity. For impact pile driving, contractors 
shall be required to provide an initial set of strikes from the hammer 
at 40 percent energy, each strike followed by no less than a 30-second 
waiting period. This procedure shall be conducted a total of three 
times before impact pile driving begins. Soft Start is not required 
during vibratory pile driving/removal or drilling activities.

Pre-Activity Monitoring

    Prior to the start of daily in-water construction activity, or 
whenever a break in pile driving or drilling of 30 minutes or longer 
occurs, the observer shall observe the shutdown and monitoring zones 
for a period of 30 minutes. The shutdown zone shall be cleared when a 
marine mammal has not been observed within the zone for that 30-minute 
period. If a marine mammal is observed within the shutdown zone, a 
soft-start cannot proceed until the animal has left the zone or has not 
been observed for 15 minutes. If the Monitoring zone has been observed 
for 30 minutes and non-permitted species are not present within the 
zone, soft start procedures can commence and work can continue even if 
visibility becomes impaired within the Monitoring zone. When a marine 
mammal permitted for Level B take is present in the Monitoring zone, 
pile driving, pile removal, and drilling activities may begin and Level 
B take shall be recorded. As stated above, if the entire Level B zone 
is not visible at the start of construction, piling or drilling 
activities can begin. As shown, the largest Level B zone is equal to 
78.9 km\2\, making it impossible for the PSOs to view the entire 
harassment area. Due to this, Level B exposures shall be recorded and 
extrapolated based upon the number of observed take and the percentage 
of the Level B zone that was not visible. If work ceases for more than 
30 minutes, the pre-activity monitoring of both the Monitoring zone and 
shutdown zone shall commence.
    Based on our evaluation of the applicant's measures, as well as 
other measures considered by NMFS, 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.

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 shall 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 
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).
     Mitigation and monitoring effectiveness.

Visual Monitoring

    Monitoring would be conducted 30 minutes before, during, and 30 
minutes after all pile driving/removal and drilling activities. In 
addition, observers shall record all incidents of marine mammal 
occurrence, regardless of distance from activity, and shall document 
any behavioral reactions in concert with distance from piles being 
driven, removed, or pile holes being drilled. Pile driving and drilling 
activities include the time to install, remove, or drill a hole for a 
single pile or series of piles, as long as the time elapsed between 
uses of the pile driving equipment is no more than thirty minutes.
    Monitoring shall be conducted by NMFS approved Protected Species 
Observers (PSOs). The number of PSOs

[[Page 37485]]

shall vary from two to four, depending on the type of pile driving/
drilling and size of pile, which determines the size of the harassment 
zones. Two land-based PSOs shall monitor during all impact pile driving 
activity, three land-based PSOs shall monitor during vibratory pile 
driving/removal of of 24 and 30-inch piles, and four land-based PSOs 
shall monitor during vibratory pile driving/removal of 36-inch and 48-
inch diameter piles and during all socket and anchor drilling.
    One PSO shall be stationed at Berth IV and shall be able to view 
across Tongass Narrows south and west to Gravina Island. The second and 
third PSOs shall be located in increments along the road systems at 
locations that provide the best vantage points for viewing Tongass 
Narrows west and east of Berth IV. These locations shall vary depending 
on type of pile driving. The fourth PSO shall be located on the road 
system near Mountain Point and shall be able to view Tongass Narrows to 
the northwest and Revillagigedo Channel to the southeast.
    PSOs shall scan the waters using binoculars, and/or spotting 
scopes, and shall use a handheld GPS or range-finder device to verify 
the distance to each sighting from the project site. All PSOs shall be 
trained in marine mammal identification and behaviors and are required 
to have no other project-related tasks while conducting monitoring. In 
addition, monitoring shall be conducted by qualified observers, who 
shall be placed at the best vantage point(s) practicable to monitor for 
marine mammals and implement shutdown/delay procedures when applicable 
by calling for the shutdown to the hammer operator. Qualified observers 
are trained and/or experienced professionals, with the following 
minimum qualifications:
     At least one PSO must have prior experience working as a 
marine mammal observer during construction activities;
     Independent observers (i.e., not construction personnel);
     Other PSOs may substitute education (degree in biological 
science or related field) or training for experience;
     Where a team of three or more PSOs are required, a lead 
observer or monitoring coordinator shall be designated. The lead 
observer must have prior experience working as a marine mammal observer 
during construction;
     KDC shall submit PSO CVs for approval by NMFS; KDC shall 
ensure that observers have the following additional qualifications:
     Visual acuity in both eyes (correction is permissible) 
sufficient for discernment of moving targets at the water's surface 
with ability to estimate target size and distance; use of binoculars 
may be necessary to correctly identify the target;
     Ability to conduct field observations and collect data 
according to assigned protocols;
     Experience or training in the field identification of 
marine mammals, including the identification of behaviors;
     Sufficient training, orientation, or experience with the 
construction operation to provide for personal safety during 
observations;
     Writing skills sufficient to prepare a report of 
observations including but not limited to the number and species of 
marine mammals observed; dates and times when in-water construction 
activities were conducted; dates, times, and reason for implementation 
of mitigation (or why mitigation was not implemented when required); 
and marine mammal behavior;
     Ability to communicate orally, by radio or in person, with 
project personnel to provide real-time information on marine mammals 
observed in the area as necessary; and
     Sufficient training, orientation, or experience with the 
construction operations to provide for personal safety during 
observations.
    KDC shall submit a draft report to NMFS not later than 90 days 
following the end of construction activities. KDC shall provide a final 
report within 30 days following resolution of NMFS' comments on the 
draft report. Reports shall contain, at minimum, the following:
     Date and time that monitored activity begins and ends for 
each day conducted (monitoring period);
     Construction activities occurring during each daily 
observation period, including how many and what type of piles driven;
     Deviation from initial proposal in pile numbers, pile 
types, average driving times, etc.;
     Weather parameters in each monitoring period (e.g., wind 
speed, percent cloud cover, visibility);
     Water conditions in each monitoring period (e.g., sea 
state, tide state);
     For each marine mammal sighting:
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
     Location and distance from pile driving activities to 
marine mammals and distance from the marine mammals to the observation 
point;
     Estimated amount of time that the animals remained in the 
Level B zone;
     Description of implementation of mitigation measures 
within each monitoring period (e.g., shutdown or delay);
     Other human activity in the area within each monitoring 
period; and
     A summary of the following:
     Total number of individuals of each species detected 
within the Level B Zone, and estimated as taken if correction factor 
appropriate;
     Total number of individuals of each species detected 
within the Level A Zone and the average amount of time that they 
remained in that zone; and
     Daily average number of individuals of each species 
(differentiated by month as appropriate) detected within the Level B 
Zone, and estimated as taken, if appropriate.

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).
    As stated in the mitigation section, shutdown zones, greater than 
Level A

[[Page 37486]]

harassment zones, shall be implemented. Level A take is only authorized 
as a precautionary measure for two species (harbor seals and harbor 
porpoises) in case PSOs are unable to detect them within their larger 
shutdown zones while impact piling 48-inch steel piles. Exposures to 
elevated sound levels produced during pile driving activities may cause 
behavioral responses by an animal, but they are expected to be mild and 
temporary. Effects on individuals that are taken by Level B harassment, 
on the basis of reports in the literature as well as monitoring from 
other similar activities, will likely be limited to reactions such as 
increased swimming speeds, increased surfacing time, or decreased 
foraging (if such activity were occurring) (e.g., Thorson and Reyff, 
2006; Lerma, 2014). Most likely, individuals will simply move away from 
the sound source and be temporarily displaced from the areas of pile 
driving, although even this reaction has been observed primarily only 
in association with impact pile driving. These reactions and behavioral 
changes are expected to subside quickly when the exposures cease.
    To minimize noise during vibratory and impact pile driving, KDC 
shall use pile caps (pile softening material). Much of the noise 
generated during pile installation comes from contact between the pile 
being driven and the steel template used to hold the pile in place. The 
contractor shall use high-density polyethylene (HDPE) or ultra-high-
molecular-weight polyethylene (UHMW) softening material on all 
templates to eliminate steel on steel noise generation.
    During all impact driving, implementation of soft start procedures 
and monitoring of established shutdown zones shall be required, 
significantly reducing any possibility of injury. Given sufficient 
notice through use of soft start (for impact driving), marine mammals 
are expected to move away from an irritating sound source prior to it 
becoming potentially injurious. In addition, PSOs shall be stationed 
within the action area whenever pile driving and drilling operations 
are underway. Depending on the activity, KDC shall employ the use of 
two to four PSOs to ensure all monitoring and shutdown zones are 
properly observed.
    Although the expansion of Berth IV's facilities would have some 
permanent removal of habitat available to marine mammals, the area lost 
would negligible. Most of the project footprint would be within 
previously disturbed areas adjacent to existing Berth IV structures and 
within an active marine commercial and industrial area. There are no 
known pinniped haulouts near the action area.
    In addition, impacts to marine mammal prey species are expected to 
be minor and temporary. Overall, the area impacted by the project is 
very small compared to the available habitat around Ketchikan. The most 
likely impact to prey will be temporary behavioral avoidance of the 
immediate area. During pile driving and drilling, it is expected that 
fish and marine mammals would temporarily move to nearby locations and 
return to the area following cessation of in-water construction 
activities. Therefore, indirect effects on marine mammal prey during 
the construction are not expected to be substantial.
    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:
     Mortality is neither anticipated nor authorized for the 
project;
     The impacts to marine mammal habitat that are anticipated 
are minimal;
     The action area is located in an industrial and commercial 
marina;
     The project area does not include any rookeries, or known 
areas or features of special significance for foraging or reproduction 
in the project area;
     The anticipated incidents of Level B harassment consist 
of, at worst, temporary modifications in behavior; and
     The required mitigation measures (i.e. shutdown zones and 
pile caps) are anticipated to be effective in reducing the impacts of 
the specified activity.
    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 
activity will have a negligible impact on 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.
    Take of eight of the ten marine mammal stocks authorized for take 
is approximately three percent or less of the stock abundance. For 
northern resident and west coast transient killer whales, we 
acknowledge that 15.33 percent and 16.46 percent of the stocks are to 
be taken by Level B harassment, respectively. However, since three 
stocks of killer whales could occur in the action area, the 40 total 
killer whale takes are likely split among the three stocks. 
Nonetheless, since NMFS does not have a good way to predict exactly how 
take will be split, NMFS analyzed at the most conservative scenario, 
which is that all 40 takes could potentially occur to each of the three 
stocks. This is a highly unlikely scenario to occur and the percentages 
of each stock taken are predicted to be significantly lower than values 
presented in Table 8 for killer whales.
    Based on the analysis contained herein of the 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.

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 would 
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. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally, in this case with NMFS' Alaska Regional 
Office, whenever we propose to authorize take for endangered or 
threatened species.

[[Page 37487]]

    NMFS's Alaska Region issued a Biological Opinion on July 26, 2018 
to NMFS's Office of Protected Resources which concluded that the 
Ketchikan Berth IV Expansion project is not likely to jeopardize the 
continued existence of Mexico DPS humpback whales or adversely modify 
critical habitat because none exists within the action area.

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 must review our 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 Categorical Exclusion B4 (incidental 
harassment authorizations with no anticipated serious injury or 
mortality) 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.

Authorization

    As a result of these determinations, we have issued an IHA to 
ADOT&PF for conducting the described construction activities related to 
city dock and ferry terminal improvements from June 1, 2019 through May 
31, 2020 provided the previously described mitigation, monitoring, and 
reporting requirements are incorporated.

    Dated: July 27, 2018.
Elaine T. Saiz,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2018-16473 Filed 7-31-18; 8:45 am]
 BILLING CODE 3510-22-P