[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12918-12926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04525]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA840]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass 
Narrows, Alaska

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

ACTION: Notice; request for comments on proposed Renewal incidental 
harassment authorization.

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SUMMARY: NMFS received a request from the Alaska Department of

[[Page 12919]]

Transportation and Public Facilities (ADOT&PF) for the Renewal of their 
currently active incidental harassment authorization (IHA) to take 
marine mammals incidental to activity related to Phase 1 of the two-
part ferry berth improvements and construction in Tongass Narrows, near 
Ketchikan, AK. These activities consist of activities that are covered 
by the current authorization but will not be completed prior to its 
expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior 
to issuing the currently active IHA, NMFS requested comments on both 
the proposed IHA and the potential for renewing the initial 
authorization if certain requirements were satisfied. The Renewal 
requirements have been satisfied, and NMFS is now providing an 
additional 15-day comment period to allow for any additional comments 
on the proposed Renewal not previously provided during the initial 30-
day comment period.

DATES: Comments and information must be received no later than March 
22, 2021.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Bonnie DeJoseph, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application, Renewal request, and supporting documents (including NMFS 
Federal Register notices of the original proposed and final 
authorizations, and the previous IHA), as well as a list of the 
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these 
documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION:

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. 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 incidental take authorization is provided to the public for 
review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed one year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a Renewal for this activity, and 
requested public comment on a potential Renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-time one-year Renewal IHA following notice to the public providing 
an additional 15 days for public comments when (1) up to another year 
of identical or nearly identical activities as described in the 
Detailed Description of Specific Activity section of this notice is 
planned or (2) the activities as described in the Specified Activities 
section of this notice would not be completed by the time the IHA 
expires and a Renewal would allow for completion of the activities 
beyond that described in the Dates and Duration section of this notice, 
provided all of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to the needed Renewal IHA effective date (recognizing that the 
Renewal IHA expiration date cannot extend beyond one year from 
expiration of the initial IHA).
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted under the 
requested Renewal IHA are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take).
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    Upon review of the request for Renewal, the status of the affected 
species or stocks, and any other pertinent information, NMFS determines 
that there are no more than minor changes in the activities, the 
mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed Renewal. A description of the Renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential Renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA Renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested Renewal, and agency

[[Page 12920]]

responses will be summarized in the final notice of our decision.
    The National Defense Authorization Act (Pub. L. 108-136) removed 
the ``small numbers'' and ``specified geographical region'' limitations 
indicated above and amended the definition of ``harassment'' as it 
applies to a ``military readiness activity.''

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 proposed action (i.e., the issuance of an IHA) 
with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or 
mortality) of the Companion Manual for NAO 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 preliminarily determined 
that the issuance of the proposed Renewal IHA qualifies to be 
categorically excluded from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA requests.

History of Request

    On March 1, 2020, NMFS issued two, consecutive IHAs to ADOT&PF to 
take marine mammals incidental to Phase I and II activity related to 
ferry berth improvements and construction in Tongass Narrows, near 
Ketchikan, AK (85 FR 673; January 7, 2020), effective from March 1, 
2020 through February 28, 2021. On December 28, 2020, NMFS received an 
application for the Renewal of the initial Phase I IHA. As described in 
the application for Renewal IHA, the activities for which incidental 
take is requested consist of activities that are covered by the initial 
Phase 1 authorization but will not be completed prior to its 
expiration. As required, the applicant also provided a preliminary 
monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements) which confirms that the applicant has implemented 
the required mitigation and monitoring, and which also shows that no 
impacts of a scale or nature not previously analyzed or authorized have 
occurred as a result of the activities conducted.

Description of the Specified Activities and Anticipated Impacts

    ADOT&PF will be unable to complete all of the planned work of the 
2020 IHA (Phase 1) on the ferry berths in Tongass Narrows before the 
expiration date of February 28, 2021; therefore, they have requested a 
Renewal IHA to authorize take of marine mammals for the subset of the 
initially planned work among the four permanent project components 
(i.e., new Revilla ferry berth, new Gravina Island Shuttle Ferry Berth 
and Terminal Improvements, Gravina Airport Ferry Layup Facility and the 
Gravina Freight) of Phase I that could not be completed. These planned 
construction activities would allow ADOT&PF to improve the reliability 
of the transportation system as well as access to Gravina Island and 
Ketchikan International Airport. The renewal request includes two minor 
changes to the activity. Specifically the number of days requested for 
temporary pile driving and providing for a higher maximum number of 
piles that may be installed per day via impact and vibratory driving 
(up from a max of three to eight piles). This change does not 
substantively affect the previous analysis or change the take estimate. 
Otherwise, the activity is identical to the initial IHA and includes 
four methods of pile installation: vibratory and impact hammers, down-
hole drilling of rock sockets, and installation of tension anchors at 
some locations (see Tables 1 and 2). Moreover, Phase II activities will 
only begin upon the completion of Phase I, as stated in the 2020 IHA.
    Anticipated impacts would include both Level A harassment, which 
will be identical to those analyzed and authorized in the 2020 IHA, and 
Level B harassment of marine mammals (though fewer, since from a subset 
of activities). ADOT&PF's request is for take of a small number of 
eight species of marine mammals, by Level B harassment: Steller sea 
lion (Eumetopias jubatus), harbor seal (Phoca vitulina richardii), 
harbor porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides 
dalli), Pacific white-sided dolphin (Lagenorhynchus bliquidens), killer 
whale (Orcinus orca), humpback whale (Megaptera novaeangliae), and 
minke whale (Balaenoptera acutorostrata). Of the eight species, three 
(harbor seal, harbor porpoise, and Dall's porpoise) may also be taken 
by Level A harassment. Monitoring results of the 2020 construction 
activities indicate that observed exposures above Level A and Level B 
harassment thresholds (see monitoring report) were below the amount 
authorized in association with the amount of work conducted; thus, the 
subset of Level A and Level B harassment take remaining from that 
authorized under the 2019 IHA will be sufficient to cover the 2020 pile 
installation and removal activities.

Detailed Description of the Activity

    As discussed earlier, this is a Renewal to complete the subset of 
the activity not completed under the initial IHA (85 FR 673; January 7, 
2020). Due to construction schedule delays, designated work was only 
conducted on 56 of the estimated 144 days (reduced to 101 days of pile 
driving activity planned in the 2020 IHA). ADOT&PF installed 11 
temporary piles (of which one was already removed) and 41 permanent 
piles over approximately 23 construction days in 2020. As of the 
submission of their Renewal request, ADOT&PF expected to drive pile for 
40 more days and complete installation of (27) 24-inch trestle piles, 
(5) 24-inch bridge abutment piles, (15) 24-inch floating fender dolphin 
piles, 27 remaining sheet piles, and (10) 30-inch steel float piles for 
the Revilla New Ferry Berth and Upland Improvements between January 4 
and February 28, 2021 under the 2020 IHA. As of February 2, 2021, the 
following work remains to be completed during the one-year 2021 renewal 
IHA: installation of 192 piles, 73 rock sockets, and 78 tension anchors 
and installation (38) and removal (40) of temporary piles. Although 
some work may be completed between February 2 and the expiration of the 
initial IHA (February 28), the applicant requests authorization for the 
work remaining as of February 2 outlined in Tables 1 and 2. The 
proposed Renewal would be effective for a period of one year from the 
date of issuance.
    This Renewal request is nearly identical to that of the 2020 IHA, 
in that it is comprised of a subset of the work that was covered in the 
initial IHA, with two small changes that do not affect the previous 
analyses: the number of days requested for temporary pile driving and 
the maximum number of piles that may be driven in a day, which has been 
increased from three to eight.
    Regarding the number of days of temporary pile driving, the initial 
IHA application specified 7-11 days of temporary pile driving would be 
needed to complete all projects during Phase 1. The temporary pile 
driving at the Revilla New Ferry Berth required 7

[[Page 12921]]

days, instead of the 2-3 days listed in the IHA application, because of 
subsurface boulders and weather conditions. It is expected that more 
days than initially anticipated will be needed to complete the 
remaining temporary pile driving; therefore, the renewal requests 5-8 
days of temporary pile installation (the original needs of the 
remaining three component projects) to complete the work, which is 
still fewer than included in the initial IHA.
    The mitigation and monitoring will be identical to that of the 2020 
IHA, with the exception of enlarged shutdown zones that reflect the 
modified Level A harassment zones, which have changed because of the 
increased number of piles that may potentially be driven concurrently. 
The shutdown zone for humpback whales will equal that of the Level A 
zone, while the pile driving shutdown zones for all other hearing 
groups are greater than Level A zones. A detailed description of the 
construction activities for which take is proposed here may be found in 
the notices of the proposed (84 FR 34134; July 17, 2019) and final IHAs 
(85 FR 673; January 7, 2020) for the 2020 authorization. All documents 
associated with the 2020 IHA (i.e., the IHA application, proposed IHA, 
final IHA, public comments, monitoring reports, etc.) can be found on 
NMFS's website, https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-ferry-berth-improvements.

                                             Table 1--Permanent Pile Details and Estimated Effort Required for Pile Installation During 2021 Renewal
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                                                                                                                              Average
                                                                                                              Average        drilling                      Average       Average
                                                                    Number of    Number of    Number of      vibratory     duration for      Impact       duration      piles per      Days of
                   Project component pile type                        piles         rock       tension     duration  per   rock sockets   strikes per  (minutes)  per      day      installation
                                                                                  sockets      anchors         pile          per pile         pile        pile for       (range)
                                                                                                             (minutes)       (minutes)                    vibratory
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                                                                         Revilla New Ferry Berth and Upland Improvements
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24'' Pile Diameter...............................................           15            0           12              30             N/A          200              30    1.5 (1-3)            36
30'' Pile Diameter...............................................            2            0           14              30             N/A          200              30    1.5 (1-3)            12
30'' Sheet Pile..................................................            0    Completed  ...........  ..............  ..............  ...........  ..............  ...........  ............
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                                                              New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements
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24'' Pile Diameter...............................................           65           52           25              15             120           50              15    1.5 (1-3)            44
30'' Pile Diameter...............................................            8            4            4              15             180           50              15    1.5 (1-3)             5
27.6'' Sheet Pile................................................           74          N/A          N/A              15             N/A          N/A              15            6            12
                                                                                                                                                                            (6-12)
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                                                                              Gravina Airport Ferry Layup Facility
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18'' Pile Diameter...............................................            3            0            0              15             N/A           50              15    1.5 (1-3)             2
30'' Pile Diameter...............................................           12           12           10              15             180           50              15          1.5             8
                                                                                                                                                                             (1-3)
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                                                                                    Gravina Freight Facility
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20'' Pile Diameter...............................................            6            0            6              15             N/A           50              15    1.5 (1-3)             4
24'' Pile Diameter...............................................            3            3            3  ..............             120           50              15    1.5 (1-3)             2
30'' Pile Diameter...............................................            4            2            4              15             180           50              15    1.5 (1-3)             3
                                                                  ------------------------------------------------------------------------------------------------------------------------------
    PHASE 1 Total................................................          192           73           78  ..............  ..............  ...........  ..............  ...........       128 \a\
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a. Identically to Phase I, the assumption that two pieces of equipment are to be used concurrently on 30 percent of planned driving days reduces in-water construction to 90 days.


                       Table 2--Numbers of Temporary Piles Planned To Be Installed and Removed for Each Project Component in 2021
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                                                                                              Average
                                                                                             vibratory
                                               Number of    Average  vibratory  duration   duration per       Days of         Days of
             Project component                 temporary     per  pile for  installation     pile for      installation       removal      Piles per day
                                                 piles                (minutes)               removal
                                                                                             (minutes)
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Revilla New Ferry Berth and Upland                       8  0-currently installed.......              15               0          2 to 3          4 to 6
 Improvements.
New Gravina Island Shuttle Ferry Berth/                 12  15..........................              15          2 to 3          2 to 3          4 to 6
 Related Terminal Improvements.
Gravina Airport Ferry Layup Facility......               8  15..........................              15          1 to 2       0.75 to 2          4 to 6
Gravina Freight Facility..................              12  15..........................              15          2 to 3          2 to 3          4 to 6
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................              40  480 (8 hrs).................    600 (10 hrs)            5-11            7-11  ..............
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Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
notices of the Proposed (84 FR 34134; July 17, 2019) and Final (85 FR 
673; January 7, 2020) IHAs for the initial authorization. NMFS has 
reviewed the monitoring data from the initial IHA, recent draft Stock 
Assessment Reports (SARs), information on relevant Unusual Mortality 
Events,

[[Page 12922]]

and other scientific literature, and determined that neither this nor 
any other new information affects which species or stocks have the 
potential to be affected or the pertinent information in the 
Description of the Marine Mammals in the Area of Specified Activities 
contained in the supporting documents for the initial IHA. Updated 
stock abundances were used in this analysis and take estimation 
calculations per the 2020 SARs.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take is 
proposed here may be found in the notices of the Proposed (84 FR 34134; 
July 17, 2019) and Final (85 FR 673; January 7, 2020) IHAs for the 
initial authorization. NMFS has reviewed the monitoring data from the 
initial IHA, recent draft SARs, information on relevant Unusual 
Mortality Events, and other scientific literature, and determined that 
neither this nor any other new information affects our initial analysis 
of impacts on marine mammals and their habitat. The applicant submitted 
the required preliminary monitoring results and the monitoring to date 
does not contradict the original take calculations or indicate impacts 
of a scale or nature not previously analyzed or authorized.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the notices of the 
Proposed (84 FR 34134; July 17, 2019) and Final (85 FR 673; January 7, 
2020) IHAs for the initial authorization. Specifically, the source 
levels, days of operation, and marine mammal density/occurrence data 
applicable to this authorization remain unchanged from the previously 
issued IHA, with the exception of the fact that there are fewer days of 
operation since this activity is a subset of that covered in the 
initial IHA. Only the maximum number of piles that may be installed per 
day via impact and vibratory driving is increasing from a maximum of 
three to eight piles. Similarly, the stocks taken, methods of take, and 
types of take remain unchanged from the previously issued IHA, as do 
the number of takes (Level B harassment will be fewer, since from a 
subset of activities), which are indicated below in Table 3.
    The potential installation of up to eight piles per day (from 
three) increases the potential maximum radius of the Level A harassment 
zone from 550 to 1010 meters (m) for low-frequency, 650 to 1200 m for 
high-frequency, and 300 to 550 m for phocid pinnipeds hearing groups 
when driving a 30-inch pile. However, the likelihood of marine mammals 
entering these zones and staying for a duration sufficient to incur 
permanent threshold shift is considered low, and the rationale and take 
estimates presented in the initial proposed IHA (which were based on 
the likelihood of an individual or group entering the area some number 
of times during the activity, as opposed to being based on a density) 
remain applicable. Further, the detections reported in the preliminary 
monitoring report do not suggest that the methods or estimated takes 
need to be modified, even in consideration of the potentially larger 
Level A harassment zones.

                        Table 3--Proposed Take Numbers to be Authorized by Species/Stock
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                                                                                                       Total
                                                                     Estimated       Estimated       estimated
                                                                    number  of       number of       exposures
                Species                         DPS/stock          exposures to    exposures to    (level A and
                                                                      level B         level A         level B
                                                                    harassment      harassment      harassment)
----------------------------------------------------------------------------------------------------------------
Steller sea lion......................  Eastern DPS.............           1,800               0           1,800
Harbor seal...........................  Clarence Strait.........             765              18             783
Harbor porpoise.......................  Southeast Alaska........             109              15             124
Dall's porpoise.......................  Alaska..................             317              15             332
Pacific white-sided dolphin...........  North Pacific...........              92               0              92
Killer whale..........................  Alaska Resident.........             144               0             144
                                        Northern Resident.......
                                        West Coast Transient....
Humpback whale \1\....................  Hawaii DPS..............             238               0             238
                                        Mexico DPS..............              15               0              15
Minke whale...........................  Alaska..................               7               0               7
----------------------------------------------------------------------------------------------------------------
Note: DPS = distinct population segment.
\1\ Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA, and the discussion of the least practicable adverse impact 
included in that document and the notice of the proposed IHA (84 FR 
34134; July 17, 2019) remains accurate with the minor modifications to 
the shutdown zones to reflect the revised Level A harassment zones. As 
with the initial IHA, pile driving shutdown zones greater than Level A 
Harassment zones will be implemented for all hearing groups (except for 
humpback whales, for which the shutdown zone will be equal to the Level 
A harassment zone). As noted previously, Level A harassment zones will 
increase for 24 and 30-inch impact driving in low-frequency, high-
frequency, and Phocid pinnipeds hearing groups and the shutdown zones 
have been enlarged accordingly to encompass them (rounded up to the 
nearest 10 m, per NMFS standard practice, a slight change from the 
initial IHA, which included rounding to the nearest 50 m, as proposed 
by ADOT&PF). We have considered these changes to shutdown zones, and 
they do not change our determination that the proposed measures will 
affect the least practicable adverse impact on all affected species or 
stocks and their habitat.
    The following measures are proposed for this renewal:
     Conduct briefings between construction supervisors and 
crews and the marine mammal monitoring team prior to the start of all 
pile driving activity, and when new personnel join

[[Page 12923]]

the work, to explain responsibilities, communication procedures, marine 
mammal monitoring protocol, and operational procedures;
     For in-water heavy machinery work other than pile driving/
removal and drilling (e.g., standard barges, tug boats), if a marine 
mammal comes within 10 m, operations shall cease and vessels shall 
reduce speed to the minimum level required to maintain steerage and 
safe working conditions. This type of work could include the following 
activities: (1) Movement of the barge to the pile location; or (2) 
positioning of the pile on the substrate via a crane (i.e., stabbing 
the pile);
     Work may only occur during daylight hours, when visual 
monitoring of marine mammals can be conducted;
     For any marine mammal species for which take by Level B 
harassment has not been requested or authorized, in-water pile 
installation/removal and drilling will shut down immediately when the 
animals are sighted;
     In the event that more than one contractor is working at 
the same time, they will maintain radio or cellular coordination in 
order to coordinate pile installation and removal and provide adequate 
monitoring by protected species observers; and
     If take by Level B harassment reaches the authorized limit 
for an authorized species, pile installation will be stopped as these 
species approach the Level B harassment zone to avoid additional take 
of them.
    Establishment of Shutdown Zone for Level A Harassment--For all pile 
driving/removal and drilling activities, ADOT&PF will establish a 
shutdown zone. The purpose of a shutdown zone is generally to define an 
area within which shutdown of activity would occur upon sighting of a 
marine mammal (or in anticipation of an animal entering the defined 
area). Shutdown zones will vary based on the activity type, marine 
mammal hearing group, and in the case of impact pile driving, 
additional details about the activity including the expected number of 
pile strikes required, size of the pile, and number of piles to be 
driven during that day (See Table 4). The placement of protected 
species observers (PSOs) during all pile driving, pile removal, and 
drilling activities will ensure that the entire shutdown zone is 
visible during pile installation.
    The shutdown zones shown in Table 4 apply when a single piece of 
equipment is in use. In addition, ADOT&PF will implement a shutdown 
zone of 100 m for each vibratory hammer on days when it is anticipated 
that multiple vibratory hammers will be used. The ADOT&PF will also 
implement a shutdown zone of 100 m for each down-the-hole (DTH) drill 
on days when it is anticipated that two DTH drills will be used.

                                            Table 4--Shutdown Zones During Use of a Single Piece of Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Piles       Level B              Shutdown distances  (m)
                                                             Minutes per pile or    installed    harassment --------------------------------------------
              Activity                Pile size  (inches)      strikes per pile     or removed    isopleth
                                                                                     per day        (m)         LF       MF       HF       PW       OW
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation.............  30...................  30 min...............            8        6,310                       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     24, 18...............  30 min...............            8        5,420
                                     27.6 sheet pile, 30.3  15 min...............           10        4,650
                                      sheet pile.
Vibratory Removal..................  24, 16...............  30 min...............            5        5,420
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Rock Sockets..............  30...................  180 min..............            3       12,030       70       50       60
                                                                                                                     ------------------
                                     24, 18...............  120 min..............            3                    60         50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact Installation................  30...................  50 strikes...........            3        2,160      250       50      250      150       50
                                                                                             2                   200               200      100
                                                                                             1                   100               150      100
                                                            200 strikes..........            8                  1010              1200      550
                                                                                             3                   550               650      300
                                                                                             2                   400               500      250
                                                                                             1                   300               300      150
                                     24...................  50 strikes...........            3        1,000      150               150      100
                                                                                             2                   100               150       50
                                                                                             1                   100               100       50
                                                            200 strikes..........            8                   550               650      300
                                                                                             3                   300               350      200
                                                                                             2                   250               300      150
                                                                                             1                   150               200      100
                                     18...................  50 strikes...........            8                   220               260      120
                                                                                             3                   150               150      100
                                                                                             2                   100               150       50
                                                                                             1                   100               100       50
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Establishment of Monitoring Zones for Level B Harassment--ADOT&PF 
will establish monitoring zones, based on the Level B harassment zones 
which are areas where sound pressure levels (SPLs) are equal to or 
exceed the 160 dB rms (decibel root mean square) threshold for impact 
driving and the 120 dB rms threshold during vibratory driving, 
vibratory removal, and drilling. Monitoring zones provide utility for 
observing marine mammals by establishing monitoring protocols for areas 
adjacent to the shutdown zones. Monitoring zones enable observers to be 
aware of and communicate the presence of marine mammals in the project 
area outside the shutdown zone and thus prepare for a potential cease 
of activity should the animal enter the shutdown zone. On days and at 
times when a single piece of pile installation or removal equipment 
will be used, the Level B harassment zone will be monitored and 
implemented according to pile size, type, and installation method as 
outlined. The largest Level B harassment zone extends to a radius of 
12,023 m in at least one direction up or down Tongass Narrows when a 
single piece of driving equipment is being utilized, making it 
impracticable for the PSOs to consistently view the entire harassment 
area. Due to this, detections of exposures above the Level B harassment 
thresholds will be recorded

[[Page 12924]]

and takes will be estimated based upon the number of these observed 
detections and the percentage of the Level B harassment zone that was 
not visible.
    When two or more pieces of equipment are used simultaneously, and 
the noise they produce is not continuous or is a combination of 
continuous and impulsive, Table 4, above, will be followed to define 
the Level A and Level B harassment monitoring zones for each piece of 
equipment.
    On days when multiple pieces of equipment that produce continuous 
noise are used simultaneously, source levels will be determined as 
shown in Table 9, Table 10, Table 11, and Table 12 of the initial final 
IHA (85 FR 673; January 7, 2020). The calculated source level will be 
used to determine the Level B harassment monitoring zones in accordance 
with values depicted in Table 14 of the initial final IHA (85 FR 673; 
January 7, 2020). The potential installation of up to eight piles per 
day (from three) will not affect the Level B harassment monitoring 
zones calculations as the maximum number of simultaneous pile 
installation activities (three) has not changed from the initial final 
IHA. The assumption stands that a minimum of two pieces of equipment 
will be used on 30 percent of construction days; therefore, decreasing 
the total number of pile installation days from 128 to 90 days as well 
as the number of days when the Level B harassment zone size could 
exceed 12,023 m. The increase to eight zones will require that daily 
activity combinations be planned appropriately by starting big and 
decreasing throughout the day.
    Soft Start--The use of a soft-start procedure provides additional 
protection to marine mammals by providing warning and/or giving marine 
mammals a chance to leave the area prior to the hammer operating at 
full capacity. For impact pile driving, contractors will be required to 
provide an initial set of strikes from the hammer at reduced percent 
energy, each strike followed by no less than a 30-second waiting 
period. This procedure will be conducted a total of three times before 
impact pile driving begins. Soft Start is not required during vibratory 
pile driving and removal activities. If a marine mammal is present 
within the Level A harassment zone, soft start will be delayed until 
the animal leaves the Level A harassment zone. Soft start will begin 
only after the PSO has determined, through sighting, that the animal 
has moved outside the Level A harassment zone. If a marine mammal is 
present in the Level B harassment zone, soft start may begin and a take 
by Level B harassment will be recorded. Soft start up may occur when 
these species are in the Level B harassment zone, whether they enter 
the Level B harassment zone from the Level A harassment zone or from 
outside the project area.
    Pre-Activity Monitoring--Prior to the start of daily in-water 
construction activity, or whenever a break in pile driving of 30 
minutes or longer occurs, the PSO will observe the shutdown and 
monitoring zones for a period of 30 minutes. The shutdown zone will 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 Level B 
harassment zone has been observed for 30 minutes and marine mammals are 
not present within the zone, soft start procedures can commence and 
work can continue even if visibility becomes impaired within the Level 
B harassment zone. When a marine mammal permitted for take by Level B 
harassment is present in the Level B harassment zone, piling activities 
may begin and take by Level B harassment will be recorded. As stated 
above, if the entire Level B harassment zone is not visible at the 
start of construction, piling or drilling activities can begin. If work 
ceases for more than 30 minutes, the pre-activity monitoring of both 
the Level B harassment and shutdown zone will commence.
    Timing Restrictions--ADOT&PF plans to implement the Essential Fish 
Habitat (EFH) Conservation Recommendations developed by NMFS. These 
include a no in-water work timing window for three project components, 
Revilla New Ferry Berth and Upland Improvements, Gravina Airport Ferry 
Layup Facility, and Revilla Refurbish Existing Ferry Berth Facility, 
with no in-water work occurring between March 1 and June 15. 
Implementation of this timing window will likely reduce exposure/take 
of marine mammals to levels below what has been predicted, because some 
project locations will be able to install piles when other locations 
may not.
    During Phase 2 in-water pile installation and removal on the 
Revilla Island side of the Narrows will be limited to no more than 2 
hours that shall not coincide with in-water pile installation/removal 
activities on Gravina Island.
    Based on our evaluation of the applicant's required measures NMFS 
has determined that the mitigation measures provide the means of 
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

    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 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 or removed. Pile driving activities include the time to install 
or remove a single pile or series of piles, as long as the time elapsed 
between uses of the pile driving equipment is no more than 30 minutes.
    There will be at least one PSO present at or near each construction 
site during in-water pile installation and removal so that all Level A 
harassment zones and shutdown zones are monitored by a dedicated PSO at 
all times. PSOs will not perform duties for more than 12

[[Page 12925]]

hours in a 24-hour period. PSOs would be land-based observers, 
positioned at the best practical vantage points. At least one other PSO 
for each active worksite will begin at the central worksite and travel 
along the Tongass Narrows until they have reached the edges of the 
monitoring zones, based on the Level B harassment zones. These PSOs 
will then monitor the edges of the monitoring zone and as much as 
possible of the rest of the monitoring zone, looking for animals 
entering the Level B harassment zone. If waters exceed a sea state that 
restricts the PSO's ability to make observations within the Level A 
harassment zones (e.g., excessive wind or fog), pile installation and 
removal must cease. Pile driving must not be re-initiated until the 
entire relevant Level A harassment zones are visible.
    When combinations of one DTH drill with a vibratory hammer, two DTH 
drills, or two DTH drills with a vibratory hammer are used 
simultaneously, creating a Level B harassment zone that is greater than 
12,023 m in radius, one additional PSO (at least two total) will be 
stationed at the northernmost land-based location at the entrance to 
Tongass Narrows. One PSO will focus on Tongass Narrows, specifically 
watching for marine mammals that could approach or enter Tongass 
Narrows and the project area. The second PSO will look out into 
Clarence Strait, watching for marine mammals that could swim through 
the ensonified area. This monitoring requirement for concurrent driving 
scenarios was not included in the proposed IHAs. No additional PSOs 
will be required at the southern-most monitoring location because the 
Level B harassment zones are truncated to the southeast by islands, 
which prevent propagation of sound in that direction beyond the 
confines of Tongass Narrows. Takes by Level B harassment will be 
recorded by PSOs and extrapolated based upon the number of observed 
takes and the percentage of the Level B harassment zone that was not 
visible.
    With this configuration, PSOs can have a full view of the Level A 
harassment zone and awareness of as much of the Level B harassment zone 
as possible. This monitoring will provide information on marine mammal 
occurrence within Tongass Narrows and how these marine mammals are 
impacted by pile installation and removal.
    As part of monitoring, PSOs will scan the waters using binoculars, 
and/or spotting scopes, and will use a handheld GPS or range-finder 
device to verify the distance to each sighting from the project site. 
All PSOs will be trained in marine mammal identification and behaviors 
and are required to have no other project-related tasks while 
conducting monitoring. In addition, monitoring will be conducted by 
qualified observers, who will 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. Each construction Contractor managing an active construction 
site and on-going in-water pile installation or removal will provide 
qualified, independent PSOs for their specific contract. The ADOT&PF 
environmental coordinator for the project will implement coordination 
between or among the PSO contractors. It will be a required component 
of their contracts that PSOs coordinate, collaborate, and otherwise 
work together to ensure compliance with project permits and 
authorizations. Qualified observers are trained and/or experienced 
professionals, with the following minimum 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;
     Independent observers (i.e., not construction personnel);
     Observers must have their CVs/resumes submitted to and 
approved by NMFS;
     Advanced education in biological science or related field 
(i.e., undergraduate degree or higher). Observers may substitute 
experience or training for education;
     Experience and ability to conduct field observations and 
collect data according to assigned protocols (this may include academic 
experience);
     At least one observer must have prior experience working 
as an observer;
     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 and times when in-water construction 
activities were suspended to avoid potential incidental injury from 
construction sound of marine mammals observed within a defined shutdown 
zone; and marine mammal behavior; and
     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.

Reporting

    NMFS is requiring that ADOT&PF submit a preliminary marine mammal 
monitoring report for the work covered under the initial IHA and this 
renewal at least 4 months prior to beginning the work covered under 
their second IHA, referred to as Phase II (85 FR 673; January 7, 2020). 
This preliminary report must contain all items that would be included 
in the draft final report, listed below under ``Reporting''. This will 
allow NMFS to assess the impact of the activities relative to the 
analysis presented here, and modify the IHA for Phase II if the 
preliminary monitoring report shows unforeseen impacts on marine 
mammals in the area. If needed, NMFS will publish an amended proposed 
IHA, describing any changes but referencing the original IHA for Phase 
II, and include an opportunity for the public to comment on the amended 
authorization.
    In addition to the preliminary monitoring report discussed above, 
separate draft marine mammal monitoring reports must be submitted to 
NMFS within 90 days after the completion of both Phase 1 and Phase 2 
pile driving, pile removal, and drilling activities. These reports will 
include an overall description of work completed, a narrative regarding 
marine mammal sightings, and associated PSO data sheets. Specifically, 
the reports must include:
     Date and time that monitored activity begins and ends;
     Construction activities occurring during each observation 
period;
     Weather parameters (e.g., percent cover, visibility);
     Water conditions (e.g., sea state, tide state);
     Species, numbers, and, if possible, sex and age class of 
marine mammals;
     Description of any observable marine mammal behavior 
patterns, including bearing and direction of travel and distance from 
pile driving activity;
     Distance from pile driving activities to marine mammals 
and distance from the marine mammals to the observation point;
     Locations of all marine mammal observations;

[[Page 12926]]

     An estimate of total take based on proportion of the 
monitoring zone that was observed; and
     Other human activity in the area.
    If no comments are received from NMFS within 30 days, that phase's 
draft final report will constitute the final report. If comments are 
received, a final report for the given phase addressing NMFS comments 
must be submitted within 30 days after receipt of comments.
    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, ADOT&PF shall report the 
incident to the Office of Protected Resources, NMFS and to the Alaska 
Regional Stranding Coordinator as soon as feasible. The report must 
include the following information:
     Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal was 
discovered.

Preliminary Determinations

    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. This includes consideration of the minor 
changes discussed above, as well as stock abundance information. The 
estimated abundance of the West Coast Transient and Northern Resident 
Killer whale stocks and Steller sea lion Eastern U.S. stock have 
increased slightly, whereas, the harbor seal, Clarence Strait stock 
decreased slightly. Based on the information and analysis contained 
here and in the referenced documents, NMFS has determined the 
following: (1) The required mitigation measures will affect the least 
practicable impact on marine mammal species or stocks and their 
habitat; (2) the authorized takes will have a negligible impact on the 
affected marine mammal species or stocks; (3) the authorized takes 
represent small numbers of marine mammals relative to the affected 
stock abundances; (4) ADOT&PF's activities will not have an unmitigable 
adverse impact on taking for subsistence purposes as no relevant 
subsistence uses of marine mammals are implicated by this action, and; 
(5) appropriate monitoring and reporting requirements are included.

Endangered Species Act

    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 whenever we propose to authorize take for 
endangered or threatened species, in this case with the NMFS' Alaska 
Regional Office.
    NMFS' Alaska Region issued a revised Biological Opinion to NMFS' 
Office of Protected Resources on December 19, 2019 which concluded that 
issuance of IHAs to ADOT&PF is not likely to jeopardize the continued 
existence of Mexico DPS humpback whales. Finally, the regional office 
determined that the renewal request (i.e., the minor changes to the 
maximum number of piles per day) will not alter take or require re-
initiation of the consultation.

    Dated: March 1, 2021.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2021-04525 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-22-P