[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28752-28758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB115]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Treasure Island Ferry Dock Project, 
San Francisco, California

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

ACTION: Notice; proposed issuance of an Incidental Harassment 
Authorization (IHA); request for comments.

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SUMMARY: NMFS has received a request from the City and County of San 
Francisco, CA (San Francisco) for an incidental harassment 
authorization (IHA) to take marine mammals incidental to the Treasure 
Island Ferry Dock Project in San Francisco, California. These 
activities consist of activities that are covered by the current 
authorization but will not be completed prior to its expiration. Some 
changes have occurred during this year's evaluation of the project. 
Pursuant to the Marine Mammal Protection Act, NMFS is requesting 
comments on its proposal to issue an IHA to incidentally take marine 
mammals during the specified activities. NMFS is also requesting 
comments on a possible one-year renewal IHA that could be issued under 
certain circumstances and if all requirements are met, as described in 
Request for Public Comments at the end of this notice. NMFS will 
consider public comments prior to making any final decision on the 
issuance of the requested MMPA authorizations and agency responses will 
be summarized in the final notice of our decision.

DATES: Comments and information must be received no later than June 28, 
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: Dwayne Meadows, Ph.D., 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 Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine

[[Page 28753]]

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 proposed 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.

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 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 
preliminarily determined that the issuance of the proposed 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 request.

History of Request

    On July 15, 2020, NMFS issued an IHA to San Francisco to take 
marine mammals incidental to the Treasure Island Ferry Dock Project in 
San Francisco, California (85 FR 44043, July 21,2020), effective from 
July 15, 2020 through July 14, 2021. On March 10, 2021, NMFS received 
an application for the Renewal of that initial IHA. As described in the 
application for Renewal IHA, the activities for which incidental take 
is requested consist of a subset activities that are covered by the 
initial authorization but will not be completed prior to its 
expiration. However, because the only remaining work is pile removal, 
which takes less time per pile, the applicant requested take based on 
12 piles maximum removed per day, which was not explicitly discussed as 
one of the scenarios in the initial IHA process. The initial IHA 
process explicitly analyzed a number of scenarios for each phase of the 
work that were clearly described as the worst possible scenarios that 
could occur among a possible range of scenarios. The currently 
requested work is clearly less impactful than those scenarios and thus 
we believe this situation could qualify as a Renewal IHA. However, out 
of an abundance of caution, and because there is time for a full 30 day 
public comment period, we choose to treat this application as a 
standard submission and not a Renewal. San Francisco requested the new 
IHA be effective from July 15, 2021 through July 14, 2022.

Description of the Specified Activities and Anticipated Impacts

    As described in the 2020 IHA, the project consists of the 
construction of a ferry terminal, breakwater, fireboat access pier, and 
removal of an old pier on Treasure Island in the middle of San 
Francisco Bay. Construction involved driving and/or removal of 36-inch-
diameter steel piles and 14-inch steel H piles, driving of 48-inch-
diameter steel piles and 24-inch octagonal concrete piles, and removal 
of 12-inch diameter timber piles that supported the old pier. All pile 
installation has been completed as has removal of the old pier. The 
only work that remains is removal of 2 36-inch-diameter steel piles and 
64 14-inch diameter steel H piles. Table 1 summarizes the original work 
authorized in the initial 2020 IHA, work completed to date under the 
initial 2020 IHA, work expected to be completed before the initial 2020 
IHA expires, and work expected to be completed under this newly 
requested IHA. San Francisco's request is for take for the work 
expected to be completed before the initial 2020 IHA expires, and work 
expected to be completed under this newly requested IHA, just in case 
some of that work is not completed as expected. Pile removal is 
expected to take no more than 25 days. Pile removal would use vibratory 
methods only.

                                     Table 1--Summary of Work Authorized, Completed, and Proposed for Authorization
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Piles
                                                                  --------------------------------------------------------------------------------------
                                                                                       Number       Number to be
             Activity                          Location                Number       completed to      completed     Number to be
                                                                    authorized in      date in     before initial   completed in            Type
                                                                     initial IHA     initial IHA     IHA expires    proposed IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Install Temporary Steel Template    Ferry Pier...................               4               0               0               0  14-inch steel H-
 Piles (Vibratory).                                                                                                                 piles.
Remove Temporary Steel Template     Ferry Pier...................              12               8               0               2  14-inch steel H-
 Piles (Vibratory).                                                                                                                 piles.
Install Octagonal Piles for North   North Breakwater.............              52              47               0               0  24-inch octagonal
 Breakwater (Impact).                                                                                                               concrete.
Install Sheetpiles for North        North Breakwater.............             120              98               0               0  14-inch concrete
 Breakwater (Impact).                                                                                                               sheetpiles.
Install Temporary Steel Template    North Breakwater.............             105              30               0               0  14-inch steel H-
 Piles (Vibratory).                                                                                                                 piles.
Remove Temporary Steel Template     North Breakwater.............             105              32              15              25  14-inch steel H-
 Piles (Vibratory).                                                                                                                 piles.

[[Page 28754]]

 
Install Temporary Steel Template    North Breakwater.............              46              15               0               0  14-inch steel H-
 Batter Piles (Vibratory).                                                                                                          piles.
Remove Temporary Steel Template     North Breakwater.............              46              16               6              10  14-inch steel H-
 Batter Piles (Vibratory).                                                                                                          piles.
Install Temporary Mooring Piles     Mooring......................               2               0               0               0  36-inch steel pipe.
 (Vibratory).
Remove Temporary Mooring Piles      Mooring......................               2               0               2               0  36-inch steel pipe.
 (Vibratory).
Install Temporary Mooring Batter    Mooring......................               4               0               0               0  14-inch steel H-
 Piles (Vibratory).                                                                                                                 piles.
Remove Temporary Mooring Batter     Mooring......................               4               0               4               0  14-inch steel H-
 Piles (Vibratory).                                                                                                                 piles.
Install Crew Access Piles           Mooring......................               2               0               0               0  14-inch steel H-
 (Vibratory).                                                                                                                       piles.
Remove Crew Access Piles            Mooring......................               2               0               2               0  14-inch steel H-
 (Vibratory).                                                                                                                       piles.
Remove Existing Pier (vibratory or  Pier.........................             198             198               0               0  12-inch timber.
 crane cable).
                                                                  --------------------------------------------------------------------------------------
    Total.........................  .............................             704             444              29              37  N/A.
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Note: Number authorized in initial IHA was maximum expected so total numbers completed and to be completed do not necessarily total to this number.

    A detailed description of the demolition and construction 
activities for which take is proposed here may be found in the notices 
of the proposed and final IHAs for the initial 2020 authorization. The 
location, timing, and nature of the activities, including the types of 
equipment planned for use, are identical to those described in the 
previous notices. The initial 2020 IHA authorized take from pile 
driving and removal, by Level A and Level B harassment of harbor seals 
(Phoca vitulina), California sea lions (Zalophus californianus) and 
harbor porpoises (Phocoena phocoena), and take by Level B harassment 
only of gray whales (Eschrichtius robustus), bottlenose dolphins 
(Tursiops truncatus), elephant seals (Mirounga angustirostris), and 
Northern fur seals (Callorhinus ursinus). Because only pile removal 
remains and there will be no simultaneous piling with multiple hammers, 
Level A harassment take is not necessary nor proposed to be authorized 
for this new IHA.
    The proposed IHA would be effective from July 15, 2021 through July 
14, 2022. All documents from the initial 2020 IHA can be viewed from 
the project web page (https://www.fisheries.noaa.gov/action/incidental-take-authorization-treasure-island-ferry-dock-project-san-francisco-california).

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 
notice of the proposed IHA for the initial 2020 authorization. NMFS has 
reviewed the monitoring data from the initial 2020 IHA, recent draft 
Stock Assessment Reports, information on relevant Unusual Mortality 
Events, 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 contained in the supporting documents 
for the initial 2020 IHA. The only difference is an updated stock 
abundance estimate for the San Francisco/Russian River stock of harbor 
porpoises which has decreased from 9,886 to 7,524. We consider this 
change in our findings below.

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 and final 
IHAs for the initial 2020 authorization. NMFS has reviewed the 
monitoring data from the initial 2020 IHA, recent draft Stock 
Assessment Reports, 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.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the notice of the final 
IHA for the 2020 authorization. Specifically, the source levels and 
marine mammal density/occurrence data applicable to this authorization 
remain unchanged from the 2020 IHA. Similarly, the stocks taken and 
methods of take remain unchanged from the 2020 IHA. As noted above, the 
types of take requested and proposed no longer include Level A 
harassment take because only pile removal remains and there will be no 
simultaneous piling with multiple hammers. The only change is the 
decreased number of days of operation and the necessity of revising the 
scenarios used to estimate take. No use of multiple hammers or 
simultaneous removal as was considered in the initial 2020 IHA is 
planned for this IHA. In addition to not using multiple hammers for 
this IHA, because of the limited number and type of piles remaining, 
and the work only being pile removal by vibratory hammer with no 
installation, the original scenarios used to estimate take and shutdown 
zones are no longer relevant. The remaining scenarios for this IHA are: 
(1) Two days of work removing the two 36-inch steel piles and (2) 23 
days removing up to 12 steel H piles per day. Both of these scenarios 
are reductions from the worst case scenarios presented in the initial 
proposed IHA. The new scenario 1 above has no simultaneous driving, 
uses only a vibratory hammer with no impact hammering, and involves 36-
inch piles rather than the 48-inch piles considered in the worst case 
scenarios of the initial proposed IHA. The new Scenario 2 above has no 
simultaneous driving, uses only a vibratory hammer with no impact 
hammering, and has a maximum of 120 minutes per day of vibratory hammer 
use as opposed to the worst case scenarios in the initial proposed IHA

[[Page 28755]]

which considered up to 180 minutes per day of vibratory hammer use.
    The inputs to calculate the Level A and Level B harassment 
isopleths for the new scenarios are in Table 2. The resulting Level A 
and Level B harassment isopleths are in Table 3. These new Level A and 
Level B isopleths are smaller than the worst case scenarios considered 
in the initial proposed IHA.

  Table 2--NMFS Technical Guidance User Spreadsheet Inputs To Calculate
      Level A and Level B Isopleths for the Pile Removal Scenarios
------------------------------------------------------------------------
                Pile type                    14-Inch H     36-Inch steel
------------------------------------------------------------------------
Source Level (RMS SPL)..................             150             170
Number of piles per day.................              12               2
Duration to remove a single pile                      10              10
 (minutes)..............................
Distance of source level measurement (m)              10              10
------------------------------------------------------------------------


     Table 3--Calculated Distances (Meters) to Level A and Level B Harassment Isopleths (m) During Pile Removal for Each Hearing Group and Pile Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               High-
                        Pile type                          Low-frequency   Mid-frequency     frequency        Phocid          Otariid         Level B
                                                             cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
14-inch H...............................................             2.0             0.2             3.0             1.2             0.1           1,000
36-inch Steel...........................................            13.1             1.2            19.3             7.9             0.6          21,545
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As was done in the initial 2020 IHA, we use density data from the 
multiple years of the San Francisco-Oakland Bay Bridge (SFOBB) project 
to estimate take for harbor seal, California sea lion, and Harbor 
porpoise, and for other species we use more qualitative data on 
observations from the SFOBB project and observations from year one of 
this project along with local information on strandings and other 
biology. The density calculations are shown in Table 4. For bottlenose 
dolphin, take is still estimated at 0.33 dolphins per day for an 
estimated Level B harassment take of 9 dolphins. For the other species 
where we used qualitative information to estimate Level B harassment 
take in the initial IHA, we propose Level B harassment take at 40 
percent of the take from the initial 2020 IHA, that is 4 Level B 
harassment takes each for gray whales and northern elephant seals, and 
2 takes for northern fur seals. The proposed takes are indicated in 
Table 5 along with the authorized take from the initial 2020 IHA.

                  Table 4--Calculations of Level B Harassment Take From Density Data by Species
----------------------------------------------------------------------------------------------------------------
                                                                      Harbor        California
                                                                     porpoise        sea lion       Harbor seal
----------------------------------------------------------------------------------------------------------------
SFOBB density (animals/square km)...............................            0.17            0.16            3.96
----------------------------------------------------------------------------------------------------------------
                         Piling Scenario
----------------------------------------------------------------------------------------------------------------
Days of Pile Driving:
    14-inch steel H-pile........................................              23              23              23
    36-inch steel pipe..........................................               2               2               2
Area of Isopleth in square kilometers:
    14-inch steel H-pile........................................            1.48            1.48            1.48
    36-inch steel pipe..........................................             117             117             117
Per day take Level B:
    14-inch steel H-pile........................................            0.25            0.24            5.86
    36-inch steel pipe..........................................           19.89           18.72          463.32
                                                                 -----------------------------------------------
        Total Level B Take Calculated...........................              46              43           1,062
----------------------------------------------------------------------------------------------------------------


 Table 5--Proposed Authorized Amount of Taking, by Level B Harassment, by Species and Stock and Percent of Take
                                by Stock and Take Authorized in Initial 2020 IHA
----------------------------------------------------------------------------------------------------------------
                                                       2020 Authorized take
                     Species                     -------------------------------- Proposed Level    Percent of
                                                      Level B         Level A         B take           stock
----------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina) California Stock...          12,461              20           1,062             0.4
Harbor porpoise (Phocoena phocoena) San                      538               7              46             0.6
 Francisco--Russian River Stock.................
California sea lion (Zalophus californianus)                 502              10              43            <0.1
 U.S. Stock.....................................
Gray whale (Eschrichtius robustus) Eastern North              10               0               4            <0.1
 Pacific Stock..................................
Common bottlenose dolphin (Tursiops truncatus)                61               0               9               2
 California Coastal Stock.......................
Northern elephant seal (Mirounga angustirostris)              10               0               4            <0.1
 California breeding Stock......................

[[Page 28756]]

 
Northern fur seal (Callorhinus ursinus)                        5               0               2            <0.1
 California and Eastern North Pacific Stocks....
----------------------------------------------------------------------------------------------------------------

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 2020 IHA (except terms related to work already completed (i.e., 
pile installation and impact hammering) have been removed, and the 
discussion of the least practicable adverse impact included in that 
document remains accurate. The following measures are proposed for this 
IHA:
     For in-water heavy machinery work other than pile removal 
(e.g., standard barges, etc.), 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;
     Conduct briefings between construction supervisors and 
crews and the marine mammal monitoring team prior to the start of all 
pile removal activity and when new personnel join the work, to explain 
responsibilities, communication procedures, marine mammal monitoring 
protocol, and operational procedures;
     For those marine mammals for which Level B harassment take 
has not been requested, in-water pile removal will shut down 
immediately if such species are observed within or entering the Level B 
harassment zone; and
     If take reaches the authorized limit for an authorized 
species, pile removal will be stopped as these species approach the 
Level B harassment zone to avoid additional take.
    The following mitigation measures would apply to San Francisco's 
in-water construction activities.
     Establishment of Shutdown Zones--San Francisco will 
establish shutdown zones for all pile removal activities. 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). Shutdown zones 
will vary based on the activity type and marine mammal hearing group. 
The largest shutdown zones are generally for low and high frequency 
cetaceans, as shown in Table 6.
     The placement and number of PSOs during all pile removal 
activities (described in detail in the Monitoring and Reporting 
section) will ensure that the entire shutdown zone is visible during 
pile removal. Should environmental conditions deteriorate such that 
marine mammals within the entire shutdown zone would not be visible 
(e.g., fog, heavy rain), pile removal must be delayed until the PSO is 
confident marine mammals within the shutdown zone could be detected.

                        Table 6--Shutdown Zones During Pile Removal (Meters) by Scenario
----------------------------------------------------------------------------------------------------------------
                                                                       High-
            Pile type              Low-frequency   Mid-frequency     frequency        Phocid          Otariid
                                     cetaceans       cetaceans       cetaceans       pinnipeds       pinnipeds
----------------------------------------------------------------------------------------------------------------
14-inch H.......................              10              10              10              10              10
36-inch Steel...................              20              10              20              10              10
----------------------------------------------------------------------------------------------------------------

     Monitoring for Level A and Level B Harassment--San 
Francisco will monitor the Level A and B harassment zones. Monitoring 
zones provide utility for observing 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 halt of activity should the animal enter the shutdown 
zone. Placement of PSOs will allow PSOs to observe marine mammals 
within the Level A and B harassment zones. However, due to the large 
Level B harassment zone for 36-inch piles (Table 3), PSOs will not be 
able to effectively observe the entire zone. Therefore, Level B 
harassment exposures will be recorded and extrapolated, as necessary, 
based upon the number of observed takes and the percentage of the Level 
B harassment zone that was not visible.
     Pre-activity Monitoring--Prior to the start of daily in-
water construction activity, or whenever a break in pile removal of 30 
minutes or longer occurs, PSOs will observe the shutdown and monitoring 
zones for a period of 30 minutes. The shutdown zone will be considered 
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 re-start cannot proceed until the animal has left the 
zone or has not been observed for 15 minutes. When a marine mammal for 
which Level B harassment take is authorized is present in the Level B 
harassment zone, activities may begin and Level B harassment take will 
be recorded. If the entire Level B harassment zone is not visible at 
the start of construction, pile removal activities can begin. If work 
ceases for more than 30 minutes, the pre-activity monitoring of the 
shutdown zones will commence.
     Pile removal must occur during daylight hours.

Visual Monitoring

    Marine mammal monitoring must be conducted in accordance with the 
Monitoring section of the application and section 5 of the IHA. Marine 
mammal monitoring during pile removal must be conducted by NMFS-
approved PSOs in a manner consistent with the following:

[[Page 28757]]

     Independent PSOs (i.e., not construction personnel) who 
have no other assigned tasks during monitoring periods must be used;
     Other PSOs may substitute education (degree in biological 
science or related field) or training for experience; and
     San Francisco must submit PSO Curriculum Vitae for 
approval by NMFS prior to the onset of pile driving.
    PSOs must have the following additional qualifications:
     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; 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.
    Two PSOs will be employed. PSO locations will provide an 
unobstructed view of all water within the shutdown zone(s), and as much 
of the Level B harassment zones as possible. PSO locations are as 
follows:
    (1) At the pile driving site(s) or best vantage point practicable 
to monitor the shutdown zones; and
    (2) For the large Level B harassment zone associated with removal 
of 36-inch pipe piles, a second PSO will be placed near Pier 33 in San 
Francisco.
    Monitoring will be conducted 30 minutes before, during, and 30 
minutes after pile removal 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 removed. Pile removal activities 
include the time to 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.

Reporting

    A draft marine mammal monitoring report will be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities, or 60 days prior to a requested date of issuance of any 
future IHAs for projects at the same location, whichever comes first. 
The report will include an overall description of work completed, a 
narrative regarding marine mammal sightings, and associated PSO data 
sheets. Specifically, the report must include:
     Dates and times (begin and end) of all marine mammal 
monitoring;
     Construction activities occurring during each daily 
observation period, including how many and what type of piles were 
removed and by what method (i.e., vibratory);
     Weather parameters and water conditions during each 
monitoring period (e.g., wind speed, percent cover, visibility, sea 
state);
     The number of marine mammals observed, by species, 
relative to the pile location and if pile removal was occurring at time 
of sighting;
     Age and sex class, if possible, of all marine mammals 
observed;
     PSO locations during marine mammal monitoring;
     Distances and bearings of each marine mammal observed to 
the pile being removed for each sighting (if pile removal was occurring 
at time of sighting);
     Description of any marine mammal behavior patterns during 
observation, including direction of travel and estimated time spent 
within the Level A and Level B harassment zones while the source was 
active;
     Number of individuals of each species (differentiated by 
month as appropriate) detected within the monitoring zone, and 
estimates of number of marine mammals taken, by species (a correction 
factor may be applied to total take numbers, as appropriate);
     Detailed information about any implementation of any 
mitigation triggered (e.g., shutdowns and delays), a description of 
specific actions that ensued, and resulting behavior of the animal, if 
any;
     Description of attempts to distinguish between the number 
of individual animals taken and the number of incidences of take, such 
as ability to track groups or individuals; and
     An extrapolation of the estimated takes by Level B 
harassment based on the number of observed exposures within the Level B 
harassment zone and the percentage of the Level B harassment zone that 
was not visible, when applicable.
    If no comments are received from NMFS within 30 days, the draft 
final report will constitute the final report. If comments are 
received, a final report addressing NMFS comments must be submitted 
within 30 days after receipt of comments.

Reporting Injured or Dead Marine Mammals

    In the event that personnel involved in the construction activities 
discover an injured or dead marine mammal, San Francisco shall report 
the incident to the Office of Protected Resources (OPR), NMFS and to 
the regional stranding coordinator as soon as feasible. If the death or 
injury was clearly caused by the specified activity, San Francisco must 
immediately cease the specified activities until NMFS is able to review 
the circumstances of the incident and determine what, if any, 
additional measures are appropriate to ensure compliance with the terms 
of the IHA. The IHA-holder must not resume their activities until 
notified by NMFS. 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

    As described above, the action in this IHA is a subset of the 
original activities consisting solely of removal of two types of steel 
pile with a new description of the specific scenarios remaining rather 
than consideration of the worst case scenarios possible as was done in 
the initial 2020 IHA. We found that the initial 2020 IHA would have a 
negligible impact and that the taking would be small relative to 
population size for all stocks. The only change in this IHA is the 
small decrease in the estimated abundance for the San Francisco/Russian 
River stock of harbor porpoises which has decreased from 9,886 to 7,524 
and the consideration of the specific removal scenarios required now. 
Despite this stock size decrease the proposed take of 46 is still less 
than 10 percent of the stock and is thus small relative to the 
population size. The other marine mammal information is

[[Page 28758]]

identical to the initial 2020 IHA. The potential effects, and the 
mitigation and monitoring are all less impactful because of the smaller 
harassment zones sizes for the remaining scenarios. The estimated take 
is greatly reduced and no Level A harassment take is proposed because 
of the smaller Level A harassment zone sizes and the lack of multiple 
hammer use.
    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial 2020 IHA. This includes consideration of the 
estimated abundance of the harbor seal stock decreasing slightly and 
the discussion of the specific scenarios to account for the remaining 
work. The new scenarios have smaller level A and Level B harassment 
zones than the worst case scenarios analyzed in the 2020 IHA because of 
the removal of simultaneous driving, the smaller pile sizes and 
durations remaining, and the use of only a vibratory hammer in this 
IHA.
    Based on the information and analysis contained here and in the 
referenced documents, NMFS has determined the following: (1) The 
required mitigation measures will effect 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) San Francisco'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, in this case with the West Coast Region 
Protected Resources Division Office, whenever we propose to authorize 
take for endangered or threatened species.
    No incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. Therefore, NMFS 
has determined that formal consultation under section 7 of the ESA is 
not required for this action.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to San Francisco for conducting the Treasure Island Ferry 
Dock Project in San Francisco, California from July 15, 2021 through 
July 14, 2022, provided the previously described mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the 2020 IHA), the proposed 
authorization, and any other aspect of this notice of proposed IHA for 
the proposed construction activity at Treasure Isand. We also request 
comment on the potential for renewal of this proposed IHA as described 
in the paragraph below. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization.
    On a case-by-case basis, NMFS may issue a 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, or nearly identical, activities as described in the 
Specified Activities 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); 
and
    (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; and
     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.

    Dated: May 24, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-11287 Filed 5-27-21; 8:45 am]
BILLING CODE 3510-22-P