[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64420-64432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17470]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE088]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Weyerhaeuser Company for Their Log 
Export Dock Project on the Columbia River Near Longview, Washington

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

ACTION: Notice; issuance of an incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
Weyerhaeuser Company (Weyerhaeuser) to incidentally harass marine 
mammals during construction activities associated with the Log Export 
Dock Project on the Columbia River near Longview, Washington.

DATES: This authorization is effective from September 1, 2025 through 
August 31, 2026.

ADDRESSES: Electronic copies of the application and supporting 
documents, as well as a list of the references cited in this document, 
may be obtained online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call 
the contact listed below.

FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of 
Protected Resources (OPR), NMFS, (301) 427-8401.

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 proposed or, if the taking is limited to harassment, a notice of a 
proposed IHA 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 the species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the monitoring and 
reporting of the takings. The definitions of all applicable MMPA 
statutory terms cited above are included in the relevant sections 
below.

Summary of Request

    On October 29, 2023, NMFS received a request from Weyerhaeuser for 
an IHA to take marine mammals incidental to pile driving and removal 
activities associated with the Log Export Dock

[[Page 64421]]

Project on the Columbia River near Longview, Washington. Following 
NMFS' review of the application, Weyerhaeuser submitted a revised 
version on March 14, 2024. The application was deemed adequate and 
complete on April 16, 2024. Weyerhaeuser's request is for take of 
harbor seal (Phoca vitulina), California sea lion (Zalophus 
californiaus), and Steller sea lion (Eumatopius jubatus) by Level B 
harassment and, for harbor seals, by Level A harassment. Neither 
Weyerhaeuser nor NMFS expect serious injury or mortality to result from 
this activity and, therefore, an IHA is appropriate.

Description of the Specified Activity

Overview

    Weyerhaeuser is planning the partial demolition and replacement of 
the existing Log Export dock on the Columbia River, near Longview, 
Washington. The project includes impact and vibratory pile installation 
and vibratory pile removal. Vibratory and impact pile driving are 
expected to start in September 2025 and take about 120 days of in-water 
work within the U.S. Army Corps of Engineers (USACE) and the U.S. Fish 
and Wildlife Service (USFWS)-designated in-water work window (September 
1, 2025-January 3, 2026). All pile installation will occur during the 
work window, which would minimize potential exposure of Endangered 
Species Act (ESA) listed fish species from impact pile driving. An 
additional 30 days of vibratory pile removal may occur outside the 
window.
    The demolition and replacement of the 612-foot (ft), or 186.5-meter 
(m) berth A of the Log Export Dock would include the removal of 983 16-
inch (in), or 0.41-m, timber piles, 36 16-in (0.41-m) steel pipe piles, 
10 12-in (0.30-m) steel H-piles, 7 12-in (0.30-m) steel pipe piles, and 
20 14- or 16-in (0.36- or 0.41-m) steel fender piles. Existing piles 
would be primarily removed by the deadpull method, with piles being 
removed with the vibratory hammer if the deadpull is unsuccessful. 
Broken or damaged piles would be cut at the mudline. It is anticipated 
that 75 percent of the existing 983 timber piles will be removed by the 
deadpull method, with the remaining 246 being removed with the 
vibratory hammer. The new structure will be supported by the 
installation of 325 30-in (0.76-m) steel pipe piles. In addition, up to 
26 24-in (0.61 m) temporary steel pipe piles may be installed and 
removed to support permanent pile installation. Temporary and permanent 
piles would be initially installed with a vibratory hammer, with 
permanent piles being followed by an impact hammer to embed them to 
their final depth. To reduce underwater noise produced by impact pile 
driving, an unconfined bubble curtain will be used during impact pile 
installation.
    In order to maintain project schedules, it is possible that 
multiple pieces of equipment would operate at the same time within the 
project area. Piles may be driven on the same day or, less commonly, at 
the same time, by two impact hammers, one impact hammer and one 
vibratory hammer, or two vibratory hammers. The method of installation, 
and whether concurrent pile driving scenarios will be implemented, will 
be determined by the construction crew once the project has begun. 
Therefore, the total take estimate reflects the worst-case scenario 
(both hammers installing 30-in steel pipe piles) for the proposed 
project. However, the most likely scenario is the vibratory removal of 
a 16-in timber pile at the same time as installing a 30-in steel pipe 
piles by vibratory or impact methods.
    A detailed description of the planned construction project is 
provided in the Federal Register notice for the proposed IHA (89 FR 
48579, June 7, 2024). Since that time, no changes have been made to the 
planned activities. Therefore, a detailed description is not provided 
here. Please refer to that Federal Register notice for the description 
of the specific activity.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to Weyerhaeuser was 
published in the Federal Register on June 7, 2024 (89 FR 48579). That 
notice described, in detail, Weyerhaeuser's activity, the marine mammal 
species that may be affected by the activity, and the anticipated 
effects on marine mammals. In that notice, we requested public input on 
the request for authorization described therein, our analyses, the 
proposed authorization, and any other aspect of the notice of proposed 
IHA, and requested that interested persons submit relevant information, 
suggestions, and comments. During the 30-day public comment period, 
NMFS did not receive any substantive comments on the proposed IHA.

Changes From the Proposed IHA to Final IHA

    In table 5 of the proposed IHA Federal Register notice (89 FR 
48579, June 7, 2024) the source levels for the impact driving of the 
30-in steel pipe piles did not include the 5 decibel (dB) reduction 
from the bubble curtain. These values have been corrected in tables 4 
and 5 of this notice. The 5 dB reduction resulted in smaller Level A 
and Level B isopleths, which have been corrected in table 7 of this 
notice. The estimated number of takes by Level B harassment remains the 
same for all species because the smaller Level B isopleth still spans 
the width of the river and the same number of marine mammals are 
expected to be transiting through the project area. The estimated 
number of takes by Level A harassment for harbor seals was reduced to 
56 to account for the smaller Level A isopleth which no longer spans 
the full width of the river. These values have been corrected in table 
8 of this notice. Finally the smaller isopleths from the 5 dB reduction 
also decreased the minimum shutdown zone and harassment monitoring zone 
for impact pile driving. The reduced shutdown and monitoring zones have 
been corrected in table 9 of this notice.

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of Weyerhaeuser's application summarize available 
information regarding status and trends, distribution and habitat 
preferences, and behavior and life history of the potentially affected 
species. NMFS fully considered all of this information, and we refer 
the reader to these descriptions, instead of reprinting the 
information. Additional information regarding population trends and 
threats may be found in NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS' 
website (https://www.fisheries.noaa.gov/find-species).
    Table 1 lists all species or stocks for which take is expected and 
authorized for this activity and summarizes information related to the 
population or stock, including regulatory status under the MMPA and ESA 
and potential biological removal (PBR), where known. PBR is defined by 
the MMPA as the maximum number of animals, not including natural 
mortalities, that may be removed from a marine mammal stock while 
allowing that stock to reach or maintain its optimum sustainable 
population (as described in NMFS' SARs). While no serious injury or 
mortality is anticipated or authorized here, PBR and annual serious 
injury and mortality from anthropogenic sources are included here as 
gross indicators of

[[Page 64422]]

the status of the species or stocks and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS' stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS' U.S. 2022 SARs. All values presented in table 1 are the most 
recent available at the time of publication (including from the draft 
2023 SARs) and are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.

                                     Table 1--Marine Mammal Species \1\ Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     ESA/ MMPA     Stock abundance (CV,
                                                                                      status;        Nmin, most recent                         Annual M/
           Common name                Scientific name             Stock           strategic (Y/N)    abundance survey)           PBR            SI \4\
                                                                                        \2\                 \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
 sea lions).
    California Sea Lion..........  Zalophus              U.S....................  -, -, N          257,606 (N/A,         14,011.............       >321
                                    californianus.                                                  233,515, 2014).
    Steller Sea Lion.............  Eumetopias jubatus..  Eastern................  -, -, N          36,308 (N/A, 36,308,  2,178..............       93.2
                                                                                                    2022) \5\.
Family Phocidae (earless seals):
    Harbor Seal..................  Phoca vitulina......  OR/WA Coastal..........  -, -, N          UNK (UNK, UNK, 1999)  UND................       10.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
  (https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies; Committee on Taxonomy, 2022).
\2\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
  designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
  which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
  automatically designated under the MMPA as depleted and as a strategic stock.
\3\ NMFS marine mammal SARs online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.
  CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\4\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual mortality and serious injury (M/SI) often cannot be determined precisely and is in some cases presented as
  a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
\5\ Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys. Estimates provided are for the U.S.
  only.

    As indicated above, all three species (with three managed stocks) 
in table 2 temporally and spatially co-occur with the activity to the 
degree that take is reasonably likely to occur.
    A detailed description of the species likely to be affected by 
Weyerhaeuser's project, including brief introductions to the species 
and relevant stocks as well as available information regarding 
population trends and threats, and information regarding local 
occurrence, were provided in the Federal Register notice for the 
proposed IHA (89 (FR 48579, June 7, 2024); since that time, we are not 
aware of any changes in the status of these species and stocks; 
therefore, detailed descriptions are not provided here. Please refer to 
that Federal Register notice for these descriptions. Please also refer 
to NMFS' website (https://www.fisheries.noaa.gov/find-species) for 
generalized species accounts.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Not all marine mammal species have equal 
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and 
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al. 
(2007, 2019) recommended that marine mammals be divided into hearing 
groups based on directly measured (behavioral or auditory evoked 
potential techniques) or estimated hearing ranges (behavioral response 
data, anatomical modeling, etc.). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65-
decibel (dB) threshold from the normalized composite audiograms, with 
the exception for lower limits for low-frequency cetaceans where the 
lower bound was deemed to be biologically implausible and the lower 
bound from Southall et al. (2007) retained. Marine mammal hearing 
groups and their associated hearing ranges are provided in table 2.

                  Table 2--Marine Mammal Hearing Groups
                              [NMFS, 2018]
------------------------------------------------------------------------
                                              Generalized hearing range
               Hearing group                 in hertz (Hz) and kilohertz
                                                       (kHz) *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen         7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans (dolphins,      150 Hz to 160 kHz.
 toothed whales, beaked whales, bottlenose
 whales).
High-frequency (HF) cetaceans (true          275 Hz to 160 kHz.
 porpoises, Kogia spp., river dolphins,
 Cephalorhynchids, Lagenorhynchus cruciger
 & L. australis).
Phocid pinnipeds (PW) (underwater) (true     50 Hz to 86 kHz.
 seals).

[[Page 64423]]

 
Otariid pinnipeds (OW) (underwater) (sea     60 Hz to 39 kHz.
 lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on the ~65-dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al., 2007) and PW pinniped (approximation).

    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth et al., 
2013). This division between phocid and otariid pinnipeds is now 
reflected in the updated hearing groups proposed in Southall et al. 
(2019).
    For more detail concerning these groups and associated frequency 
ranges, see NMFS (2018) for a review of available information.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of underwater noise from Weyerhaeuser's pile driving 
activities have the potential to result in behavioral harassment of 
marine mammals in the vicinity of the project area. The notice of the 
proposed IHA (FR 48579, June 7, 2024) included a discussion of the 
effects of anthropogenic noise on marine mammals and the potential 
effects of underwater noise from Weyerhaeuser's pile driving activities 
on marine mammals and their habitat. That information and analysis is 
incorporated by reference into this final IHA determination and is not 
repeated here; please refer to the notice of the proposed IHA (FR 
48579, June 7, 2024).

Estimated Take of Marine Mammals

    This section provides an estimate of the number of incidental takes 
authorized through the IHA, which will inform NMFS' consideration of 
``small numbers,'' the negligible impact determinations, and impacts on 
subsistence uses.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance, which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes will primarily be by Level B harassment, as use of 
the acoustic source (i.e., pile driving) has the potential to result in 
disruption of behavioral patterns for individual marine mammals. There 
is also some potential for auditory injury (Level A harassment) to 
result, primarily for phocids because predicted auditory injury zones 
are larger than for otariids. Auditory injury is unlikely to occur for 
otariids. The proposed mitigation and monitoring measures are expected 
to minimize the severity of the taking to the extent practicable.
    As described previously, no serious injury or mortality is 
anticipated or authorized for this activity. Here we describe how the 
information provided above is synthesized to produce a quantitative 
estimate of the take that is reasonably likely to occur and is 
authorized.
    For acoustic impacts, generally speaking, we estimate take by 
considering: (1) acoustic thresholds above which NMFS believes the best 
available science indicates marine mammals will be behaviorally 
harassed or incur some degree of permanent hearing impairment; (2) the 
area or volume of water that will be ensonified above these levels in a 
day; (3) the density or occurrence of marine mammals within these 
ensonified areas; and, (4) the number of days of activities. We note 
that while these factors can contribute to a basic calculation to 
provide an initial prediction of potential takes, additional 
information that can qualitatively inform take estimates is also 
sometimes available (e.g., previous monitoring results or average group 
size). Below, we describe the factors considered here in more detail 
and present the authorized take numbers.

Acoustic Thresholds

    NMFS recommends the use of acoustic thresholds that identify the 
received level of underwater sound above which exposed marine mammals 
would be reasonably expected to be behaviorally harassed (equated to 
Level B harassment) or to incur permeant threshold shift (PTS) of some 
degree (equated to Level A harassment).
    Level B Harassment--Though significantly driven by received level, 
the onset of behavioral disturbance from anthropogenic noise exposure 
is also informed to varying degrees by other factors related to the 
source or exposure context (e.g., frequency, predictability, duty 
cycle, duration of the exposure, signal-to-noise ratio, distance to the 
source), the environment (e.g., bathymetry, other noises in the area, 
predators in the area), and the receiving animals (hearing, motivation, 
experience, demography, life stage, depth) and can be difficult to 
predict (e.g., Southall et al., 2007, 2021; Ellison et al., 2012). 
Based on what the available science indicates and the practical need to 
use a threshold based on a metric that is both predictable and 
measurable for most activities, NMFS typically uses a generalized 
acoustic threshold based on received level to estimate the onset of 
behavioral harassment. NMFS generally predicts that marine mammals are 
likely to be behaviorally harassed in a manner considered to be Level B 
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 120 dB (referenced 
to 1 micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile 
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive impulsive (e.g., seismic airguns) or intermittent (e.g., 
scientific sonar) sources. Generally speaking, Level B harassment take 
estimates based on these behavioral harassment thresholds are expected 
to include any likely takes by temporary threshold shift (TTS) as, in 
most cases, the likelihood of TTS occurs at distances from the source 
less than those at which behavioral harassment is likely. TTS of a 
sufficient degree can manifest as behavioral harassment, as reduced 
hearing sensitivity and the potential reduced opportunities to detect 
important signals (conspecific communication, predators, prey) may

[[Page 64424]]

result in changes in behavior patterns that would not otherwise occur.
    Weyerhaeuser's activity includes the use of continuous (vibratory 
pile driving) and impulsive (impact pile driving) sources, and 
therefore the RMS SPL thresholds of 120 and 160 dB re 1[mu]Pa are 
applicable.
    Level A harassment--NMFS' Technical Guidance for Assessing the 
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0; 
Technical Guidance, 2018) identifies dual criteria to assess auditory 
injury (Level A harassment) to five different marine mammal groups 
(based on hearing sensitivity) as a result of exposure to noise from 
two different types of sources (impulsive or non-impulsive). 
Weyerhaeuser's activity includes the use of impulsive (impact pile 
driving) and non-impulsive (vibratory pile driving) sources.
    These thresholds are provided in the table below. The references, 
analysis, and methodology used in the development of the thresholds are 
described in NMFS' 2018 Technical Guidance, which may be accessed at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.

                                Table 3--Thresholds Identifying the Onset of PTS
----------------------------------------------------------------------------------------------------------------
                                                    PTS onset acoustic thresholds \*\ (received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: Lpk,flat: 219 dB    Cell 2: LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB
Mid-Frequency (MF) Cetaceans...........  Cell 3: Lpk,flat: 230 dB    Cell 4: LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB
High-Frequency (HF) Cetaceans..........  Cell 5: Lpk,flat: 202 dB    Cell 6: LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB
Phocid Pinnipeds (PW) (Underwater).....  Cell 7: Lpk,flat: 218 dB    Cell 8: LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB
Otariid Pinnipeds (OW) (Underwater)....  Cell 9: Lpk,flat: 232 dB    Cell 10: LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
  a reference value of 1[mu]Pa\2\s. In this table, thresholds are abbreviated to reflect American National
  Standards Institute (ANSI) standards (ANSI, 2013). However, peak sound pressure is defined by ANSI as
  incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
  ``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted within the
  generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
  the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
  and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could
  be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible,
  it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that are used in estimating the area ensonified above the 
acoustic thresholds, including source levels and transmission loss 
coefficient.
    The sound field in the project area is the existing background 
noise plus additional construction noise from the proposed project. 
Pile driving generates underwater noise that can potentially result in 
disturbance to marine mammals in the project area. The maximum 
(underwater) area ensonified is determined by the topography of the 
Columbia River, including intersecting land masses that will reduce the 
overall area of potential impact. Additionally, vessel traffic, 
including the other half of the dock (berth B) remaining operational 
during construction, in the project area may contribute to elevated 
background noise levels, which may mask sounds produced by the project.
    Transmission loss (TL) is the decrease in acoustic intensity as an 
acoustic pressure wave propagates out from a source. TL parameters vary 
with frequency, temperature, sea conditions, current, source and 
receiver depth, water depth, water chemistry, and bottom composition 
and topography. The general formula for underwater TL is:

TL = B x Log10 (R1/R2),

Where

TL = transmission loss in dB;
B = transmission loss coefficient; for practical spreading equals 
15;
R1 = the distance of the modeled SPL from the driven 
pile; and,
R2 = the distance from the driven pile of the initial 
measurement.

    This formula neglects loss due to scattering and absorption, which 
is assumed to be zero here. The degree to which underwater sound 
propagates away from a sound source is dependent on a variety of 
factors, most notably the water bathymetry and presence or absence of 
reflective or absorptive conditions including in-water structures and 
sediments. Spherical spreading occurs in a perfectly unobstructed 
(free-field) environment not limited by depth or water surface, 
resulting in a 6-dB reduction in sound level for each doubling of 
distance from the source (20 x log 10 [range]). Cylindrical 
spreading occurs in an environment in which sound propagation is 
bounded by the water surface and sea bottom, resulting in a reduction 
of 3 dB in sound level for each doubling of distance from the source 
(10 x log 10 [range]). A practical spreading value of 15 is 
often used under conditions, such as the project site, where water 
increases with depth as the receiver moves away from the shoreline, 
resulting in an expected propagation environment that would lie between 
spherical and cylindrical spreading loss conditions. Practical 
spreading loss is assumed here.
    The intensity of pile driving sounds is greatly influenced by 
factors such as the type of piles, hammers, and the physical 
environment in which the activity takes place. In order to calculate 
the distances to the Level A harassment and the Level B harassment 
sound thresholds for the methods and piles being used in this project, 
NMFS used acoustic monitoring data from other locations to develop 
proxy source levels for the various pile types, sizes and methods 
(table 4). Generally, we choose source levels from similar pile types 
from locations (e.g., geology, bathymetry) similar to the project.

[[Page 64425]]



                      Table 4--Proxy Sound Source Levels for Pile Sizes and Driving Methods
----------------------------------------------------------------------------------------------------------------
                                        Peak SPL (re 1   RMS SPL (re 1     SEL (re 1
          Pile type and size                [mu]Pa)         [mu]Pa)      [mu]Pa\2\-s )           Source
----------------------------------------------------------------------------------------------------------------
                                     Vibratory pile installation and removal
----------------------------------------------------------------------------------------------------------------
16-in timber pile.....................  ..............             162  ..............  Caltrans, 2020.
12-in steel pipe......................  ..............             158  ..............  Laughlin, 2012.
12-in steel H-pile....................  ..............             152  ..............  Laughlin, 2019.
16-in steel pipe \1\..................  ..............             161  ..............  Navy, 2015.
24-in temporary steel pipe............  ..............             161  ..............  Navy, 2015.
30-in steel pipe......................  ..............             163  ..............  Anchor, QEA, 2021;
                                                                                         Greenbush, 2019; Denes
                                                                                         et al., 2016, table 72.
----------------------------------------------------------------------------------------------------------------
                                            Impact pile installation
----------------------------------------------------------------------------------------------------------------
30-in steel pipe \2\..................       210 (205)       190 (185)       177 (177)  Caltrans, 2020.
----------------------------------------------------------------------------------------------------------------
\1\ For the purposes of this analysis, the underwater sound source level for removal of existing 16-in steel
  piles (i.e., 161 dB RMS per Navy, 2015) has been used for the removal of approximately 36 16-in steel pipe
  piles and 20 fender piles (14- or 16-in steel pipe piles).
\2\ Values in parentheses indicate the calculated proxy source value minus 5 dB of assumed attenuation from the
  unconfined bubble curtain.

    For this project, two hammers, including any combination of 
vibratory and impact hammers, may operate simultaneously. As noted 
earlier, the estimated ensonified area reflects the worst-case scenario 
(both hammers installing 30-in steel pipe piles) for the project. 
However, the most likely scenario is the removal of a 16-in timber pile 
at the same time as installing a 30-in steel pipe pile. The calculated 
proxy source levels for the different potential concurrent pile driving 
scenarios are shown in table 5.
Two Impact Hammers
    For simultaneous impact driving of two 30-in steel pipe piles (the 
most conservative scenario), the number of strikes per pile was doubled 
to estimate total sound exposure during simultaneous installation. 
While the likelihood of impact pile driving strikes completely 
overlapping in time is rare due to the intermittent nature and short 
duration of strikes, NMFS conservatively estimates that up to 20 
percent of strikes may overlap completely in time. Therefore, to 
calculate Level B isopleths for simultaneous impact pile driving, dB 
addition (if the difference between the two sound source levels is 
between 0 and 1 dB, 3 dB are added to the higher sound source level) 
was used to calculate the combined sound source level of 188 dB RMS 
that was used in this analysis.
One Impact Hammer, One Vibratory Hammer
    To calculate Level B isopleths for one impact and one vibratory 
hammer operating simultaneously, sources were treated as though they 
were non-overlapping and the isopleth associated with the individual 
source which results in the largest Level B harassment isopleth was 
conservatively used for both sources to account for periods of 
overlapping activities.
Two Vibratory Hammers
    To calculate Level B isopleths for two simultaneous vibratory 
hammers, the NMFS acoustic threshold calculator was used with modified 
inputs to account for accumulation, weighting, and source overlap in 
space and time. Using the rules of dB addition if the difference 
between the two sound source levels is between 0 and 1 dB, 3 dB are 
added to the higher sound source level), the combined sound source 
level for the simultaneous vibratory installation of two 30-in steel 
piles is 166 dB RMS.
    The ensonified area associated with Level A harassment is more 
technically challenging to predict due to the need to account for a 
duration component. Therefore, NMFS developed an optional User 
Spreadsheet tool to accompany the Technical Guidance that can be used 
to relatively simply predict an isopleth distance for use in 
conjunction with marine mammal density or occurrence to help predict 
potential takes. We note that because of some of the assumptions 
included in the methods underlying this optional tool, we anticipate 
that the resulting isopleth estimates are typically going to be 
overestimates of some degree, which may result in an overestimate of 
potential take by Level A harassment. However, this optional tool 
offers the best way to estimate isopleth distances when more 
sophisticated modeling methods are not available or practical. For 
stationary sources, like pile driving, the optional User Spreadsheet 
tool predicts the distance at which, if a marine mammal remained at 
that distance for the duration of the activity, it would be expected to 
incur PTS. Inputs used in the optional User Spreadsheet tool, and the 
resulting estimated isopleths, are reported in table 6, below.
    To calculate Level A isopleths for two impact hammers operating 
simultaneously, the NMFS User Spreadsheet calculator was used with 
modified inputs to account for the total estimated number of strikes 
for all piles. For simultaneous impact driving of two 30-in steel pipe 
piles (the most conservative scenario), the number of strikes per pile 
was doubled to estimate total sound exposure during simultaneous 
installation, and the number of piles per day was reduced to one. The 
source level for two simultaneous impact hammers was not adjusted 
because for identical sources the accumulation of energy depends only 
on the total number of strikes, whether or not they overlap fully in 
time. Therefore, the source level used for two simultaneous impact 
hammers was 172 dB single-strike sound exposure level 
(SELss).
    To calculate Level A isopleths of one impact hammer and one 
vibratory hammer operating simultaneously, sources were treated as 
though they were non-overlapping and the isopleth associated with the 
individual source which resulted in the largest Level A isopleth was 
conservatively used for both sources to account for periods of 
overlapping activities.
    To calculate Level A isopleths of two vibratory hammers operating 
simultaneously, the NMFS acoustic threshold calculator was used with 
modified inputs to account for accumulation, weighting, and source 
overlap in space and time. Using the rules of dB addition (NMFS, 2024; 
if the difference between the two sound source levels is between 0 and 
1 dB, 3 dB are added to the higher sound source

[[Page 64426]]

level), the combined sound source level for the simultaneous vibratory 
installation of two 30-in steel piles is 166 dB RMS.

          Table 5--Calculated Proxy Sound Source Levels for Potential Concurrent Pile Driving Scenarios
----------------------------------------------------------------------------------------------------------------
                                                                                        Calculated proxy sound
                Scenario                              Pile type and proxy                    source level
----------------------------------------------------------------------------------------------------------------
Two impact hammers......................  Impact install of 30-in steel pipe pile     172 dB SEL for Level A.
                                           (172 dB SEL, 185 dB RMS) AND impact        188 dB RMS for Level B
                                           install of 30-in steel pipe pile (172 dB
                                           SEL, 185 dB RMS).
One impact hammer, one vibratory hammer.  Impact install of 30-in steel pipe pile     172 dB SEL for Level A.
                                           (172 dB SEL, 185 dB RMS) AND vibratory     163 dB RMS for Level B
                                           install of 30-in steel pipe pile (163 dB
                                           RMS).
Two vibratory hammers...................  Vibratory install of 30-in steel pipe pile  166 dB RMS.
                                           (163 dB RMS) AND vibratory install of 30-
                                           in steel pipe pile (163 dB RMS).
----------------------------------------------------------------------------------------------------------------


                                      Table 6--NMFS User Spreadsheet Inputs
----------------------------------------------------------------------------------------------------------------
                                                     Weighting
                                 Spreadsheet tab      factor         Number of      Duration to      Number of
      Pile size and type              used          adjustment     piles per day  drive a single    strikes per
                                                       (kHz)                        pile (min)         pile
----------------------------------------------------------------------------------------------------------------
                                       Vibratory pile driving and removal
----------------------------------------------------------------------------------------------------------------
16-in timber pile.............  A.1. Vibratory               2.5               8              60              NA
                                 pile driving.
12-in steel pipe..............  A.1. Vibratory               2.5               8              60              NA
                                 pile driving.
12-in steel H-pile............  A.1. Vibratory               2.5               8              60              NA
                                 pile driving.
16-in steel pipe..............  A.1 Vibratory                2.5               8              60              NA
                                 pile driving.
24-in temporary steel pipe....  A.1 Vibratory                2.5               8              60              NA
                                 pile driving.
30-in steel pipe..............  A.1. Vibratory               2.5               8              60              NA
                                 pile driving.
----------------------------------------------------------------------------------------------------------------
                                               Impact pile driving
----------------------------------------------------------------------------------------------------------------
30-in steel pipe..............  E.1. Impact pile               2               8              NA            1000
                                 driving.
----------------------------------------------------------------------------------------------------------------
                                           Concurrent pile driving \1\
----------------------------------------------------------------------------------------------------------------
Impact install of 30-in steel   E.1. Impact pile               2               1              NA            8000
 pipe pile AND impact install    driving.
 of 30-in steel pipe pile.
Impact install of 30-in steel   E.1. Impact pile               2               1              NA            8000
 pipe pile AND vibratory         driving.
 install of 30-in steel pipe
 pile.
Vibratory install of 30-in      A.1. Vibratory               2.5               1             480              NA
 steel pipe pile AND vibratory   pile driving.
 install of 30-in steel pipe
 pile.
----------------------------------------------------------------------------------------------------------------
\1\ Number of strikes is no longer per pile, it is the total number of strikes per day. The number of piles per
  day has been reduced to one.


                             Table 7--Calculated Levels A and B Harassment Isopleths
----------------------------------------------------------------------------------------------------------------
                                                           Level A harassment zone (m/km\2\)        Level B
                   Pile size and type                   --------------------------------------  harassment zone
                                                               Phocid            Otariid           (m/km\2\)
----------------------------------------------------------------------------------------------------------------
                                       Vibratory pile driving and removal
----------------------------------------------------------------------------------------------------------------
16-in timber pile......................................        20/0.000693         2/0.000012         6,310/8.25
12-in steel pipe.......................................        11/0.000226         1/0.000003         3,415/5.14
12-in steel H-pile.....................................         5/0.000055         1/0.000003         1,585/2.46
16-in steel pipe.......................................        17/0.000509         2/0.000012         5,412/7.47
24-in temporary steel pipe.............................
30-in steel pipe.......................................        23/0.000906         2/0.000012  7,356\a\ \b\/8.96
----------------------------------------------------------------------------------------------------------------
                                               Impact pile driving
----------------------------------------------------------------------------------------------------------------
30-in steel pipe.......................................        395/0.25181        29/0.001393           464/0.35
----------------------------------------------------------------------------------------------------------------
                                             Concurrent pile driving
----------------------------------------------------------------------------------------------------------------
Impact install of 30-in steel pipe pile AND impact             395/0.25181        29/0.001393           736/0.89
 install of 30-in steel pipe pile......................
Impact install of 30-in steel pipe pile AND vibratory                                          7,356\a\ \b\/8.96
 install of 30-in steel pipe pile......................

[[Page 64427]]

 
Vibratory install of 30-in steel pipe pile AND                    36/2,153         3/0.000023   11,660 \b\/10.52
 vibratory install of 30-in steel pipe pile............
----------------------------------------------------------------------------------------------------------------
\a\ The Level B harassment thresholds for the vibratory installation of a single 30-in steel pile are equivalent
  to the potential simultaneous installation of up to two 30-inch steel piles using one impact hammer and one
  vibratory hammer operating concurrently. As noted previously, Levels A and B harassment thresholds for
  simultaneous pile driving were analyzed based on interim guidance provided by NMFS (2024).
\b\ The Level B harassment thresholds reported above were calculated using the practical spreading loss model,
  although the extent of actual sound propagation will be limited to the areas identified in figure 6-3 of
  Weyerhaeuser's application due to the shape and configuration of the Columbia River in the vicinity.

Marine Mammal Occurrence and Take Estimation

    In this section, we provide information about the occurrence of 
marine mammals that will inform the take calculations, and describe how 
the information provided is synthesized to produce a quantitative 
estimate of the take that is reasonably likely to occur and authorized. 
Daily occurrence data cones from USACE compiled weekly monitoring 
reports collected at the Bonneville Dam (river mile (RM) 146) from 2020 
through 2021 (van der Leeuw and Tidwell, 2022). As pinnipeds would need 
to swim past the proposed project site to reach the dam, the number of 
animals observed at Bonneville Dam may be slightly lower than what 
would be observed at the project site. The take calculations for this 
project are:
    Incidental take estimate = (number of days during work window x 
estimated number of animals per day) + (number of days outside work 
window x estimated number of animals per day).

California Sea Lion

    The numbers of California sea lions observed at Bonneville Dam have 
been in decline in recent years and ranged from 149 in 2016 to a total 
of 24 in 2021 (van der Leeuw and Tidwell, 2022). During the spring 
period from January 1 to May 6, 2020, daily counts averaged 0.9 animals 
 3.3 standard deviation, with a high of seven individuals 
(Tidwell et al., 2020). During spring 2021, California sea lions were 
present from late March through late May, but in relatively low 
numbers, with most days having five or fewer present (van der Leeuw and 
Tidwell, 2022). It is difficult to estimate the number of California 
sea lions that could potentially occur in the Level B harassment zone 
during the fall in-water work window from these data, because the 
numbers at Bonneville Dam reflect a strong seasonal presence in spring. 
A conservative estimate of three California sea lions per day during 
the in-water work window and five California sea lions per day outside 
the in-water work window was used. Therefore, using the equation given 
above, the estimated number of takes by Level B harassment for 
California sea lions would be 510.
    The largest Level A harassment zone for California sea lions 
extends 29 m from the sound source (table 7) during impact pile 
driving. All construction work would be shut down prior to a California 
sea lion entering the Level A harassment zone specific to the in-water 
activity underway at the time. In consideration of the small Level A 
harassment isopleth and proposed shutdown requirements, no take by 
Level A harassment is anticipated or authorized for California sea 
lions.

Steller Sea Lion

    Steller sea lions have been observed in varying numbers at 
Bonneville Dam throughout much of the year, with a peak in April and 
May (Tidwell et al., 2020; van der Leeuw and Tidwell, 2022). Reports 
from a 2-year period observed daily counts of 12 to 20 Steller sea 
lions during the fall survey period (Tidwell et al., 2020, Tidwell and 
van der Leeuw, 2021), and up to 27 Steller sea lions per day in the 
spring (van der Leeuw and Tidwell, 2022). A conservative estimate of 20 
Steller sea lions per day during the in-water work window and 27 
Steller sea lions per day outside the in-water work window was used. 
Therefore, using the equation given above, the estimated number of 
takes by Level B harassment for Steller sea lions would be 3,210.
    The largest Level A harassment zone for Steller sea lions extends 
29 m from the sound source (table 7) during impact pile driving. All 
construction work would be shut down prior to a Steller sea lion 
entering the Level A harassment zone specific to the in-water activity 
underway at the time. In consideration of the small Level A harassment 
isopleth and proposed shutdown requirements, no take by Level A 
harassment is anticipated or authorized for Steller sea lions.

Harbor Seal

    Harbor seals are rarely observed at Bonneville Dam, but have been 
recorded in low numbers over the past 10 years. A recent IHA issued for 
the Port of Kalama Manufacturing and Marine Export Facility (85 FR 
76527), which is located near the proposed project site, used a 
conservative estimate based on anecdotal information of harbor seals 
residing near the mouths of the Cowlitz and Kalama Rivers and estimated 
that there could be up to 10 present on any given day of pile driving 
(NMFS, 2017; 81 FR 15064, March 21, 2016). Therefore, using the 
equation given above, the calculated estimate of take by Level B 
harassment for harbor seals would be 1,500.
    The largest Level A harassment zone for harbor seals extends 395 m 
from the sound source (table 7) during impact pile driving. The Port of 
Kalama project estimated that one harbor seal per day could be present 
in the Level A harassment zone for each day of impact pile driving. 
Given that the largest Level A isopleth extends approximately half the 
width of the river (810 m), the calculated estimated take by Level A 
harassment for harbor seals would be 58 (1 seal on 48.5% of the 120 
impact pile driving days).

[[Page 64428]]



                                                  Table 8--Estimated Take by Levels A and B Harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Authorized
                                                                               Stock          Level A         Level B          Total         take as a
                Common name                             Stock                abundance      harassment      harassment      authorized     percentage of
                                                                                                                               take            stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion.......................  U.S. Stock..................         257,606               0             510             510             0.2
Steller sea lion..........................  Eastern DPS.................          36,308               0           3,210           3,210             8.8
Harbor seal...............................  OR/WA coastal stock.........          24,732              58           1,500           1,558             6.3
--------------------------------------------------------------------------------------------------------------------------------------------------------

Mitigation

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

Shutdown and Monitoring Zones

    Weyerhaeuser must establish shutdown zones and Level B harassment 
monitoring zones for all pile driving 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 animal (or in 
anticipation of an animal entering the defined area). Shutdown zones 
are based on the largest Level A harassment zone for each pile size/
type and driving method, and behavioral monitoring zones are meant to 
encompass Level B harassment zones for each pile size/type and driving 
method, as shown in table 9. A minimum shutdown zone of 10 m will be 
required for all in-water construction activities to avoid physical 
interaction with marine mammals. Shutdown zones for each activity type 
are shown in table 9.
    Prior to pile driving, Protected Species Observers (PSOs) will 
survey the shutdown zones and surrounding areas for at least 30 minutes 
before pile driving activities start. If marine mammals are found 
within the shutdown zone, pile driving will be delayed until the animal 
has moved out of the shutdown zone, either verified by an observer or 
by waiting until 15 minutes has elapsed without a sighting. If a marine 
mammal approaches or enters the shutdown zone during pile driving, the 
activity will be halted. Pile driving may resume after the animal has 
moved out of and is moving away from the shutdown zone or after at 
least 15 minutes has passed since the last observation of the animal.
    All marine mammals will be monitored in the Level B harassment to 
the extent of visibility for the on-duty PSOs. If a marine mammal for 
which take is authorized enters the Level B harassment zone, in-water 
activities will continue and PSOs will document the animal's presence 
within the estimated harassment zone.
    If a species for which authorization has not been granted, or for 
which the authorized takes are met, is observed approaching or within 
the Level B harassment zone, pile driving activities will be shut down 
immediately. Activities will not resume until the animal has been 
confirmed to have left the area or 15 minutes has elapsed with no 
sighting of the animal.

                           Table 9--Shutdown and Level B Monitoring Zones by Activity
----------------------------------------------------------------------------------------------------------------
                                                                     Minimum shutdown zone (m)      Harassment
               Method                     Pile size and type     --------------------------------   monitoring
                                                                      Phocid          Otariid        zone (m)
----------------------------------------------------------------------------------------------------------------
Vibratory..........................  16-in timber pile removal..              20              10           6,310
                                     12-in steel pipe pile                    15              10           3,415
                                      removal.
                                     12-in steel H-pile removal.              10              10           1,585
                                     16-in steel pipe removal...              20              10           5,412
                                     24-in steel pipe pile                    20              10           5,412
                                      (temporary) installation
                                      and removal.
                                     30-in steel pipe pile                    25              10           7,356
                                      installation.
Impact.............................  30-in steel pipe pile                   200              30             464
                                      installation.
Concurrent pile driving............  Two impact hammers.........             200              30             736
                                     One impact hammer and one               200              30           7,356
                                      vibratory hammer.
                                     Two vibratory hammers......              40              10          11,660
----------------------------------------------------------------------------------------------------------------


[[Page 64429]]

PSOs

    The placement of PSOs during all pile driving and removal 
activities (described in detail in the Monitoring and Reporting 
section) will ensure that the ensonified area of the Columbia River is 
visible during pile installation.

Pre- and Post-Activity Monitoring

    Monitoring must take place from 30 minutes prior to initiation of 
pile driving activities (i.e., pre-clearance monitoring) through 30 
minutes post-completion of pile driving. Prior to the start of daily 
in-water construction activity, or whenever a break in pile driving 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 a 30-minute period. If a marine mammal is observed within 
the shutdown zones, pile driving activity will be delayed or halted. If 
work ceases for more than 30 minutes, the pre-activity monitoring of 
the shutdown zones will commence. A determination that the shutdown 
zone is clear must be made during a period of good visibility (i.e., 
the entire shutdown zone and surrounding waters must be visible to the 
naked eye).

Bubble Curtain

    A bubble curtain must be employed during all impact pile driving 
activities to interrupt the acoustic pressure and reduce impact on 
marine mammals. The bubble curtain must distribute air bubbles around 
100 percent of the piling circumference for the full depth of the water 
column. The lowest bubble ring must be in contact with the mudline for 
the full circumference of the ring. The weights attached to the bottom 
ring must ensure 100 percent substrate contact. No parts of the ring or 
other objects may prevent full substrate contact. Air flow to the 
bubblers must be balanced around the circumference of the pile. If 
simultaneous use of two impact hammers occurs, both piles must be 
mitigated with bubble curtains as described above.

Soft Start

    Soft-start procedures are believed to provide additional protection 
to marine mammals by providing warning and/or giving marine mammals a 
chance to leave the area prior to the impact hammer operating at full 
capacity. For impact driving, an initial set of three strikes will be 
made by the hammer at reduced energy, followed by a 30-second waiting 
period, then two subsequent three-strike sets before initiating 
continuous driving. Soft start will be implemented at the start of each 
day's impact pile driving and at any time following cessation of impact 
pile driving for a period of 30 minutes or longer.
    Based on our evaluation of the applicant's proposed measures, NMFS 
has determined that the proposed 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

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth requirements pertaining to the 
monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present while 
conducting the activities. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the activity; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and,
     Mitigation and monitoring effectiveness.

Visual Monitoring

    Marine mammal monitoring must be conducted in accordance with 
section 5 of the IHA. Marine mammal monitoring during pile driving and 
removal must be conducted by NMFS-approved PSOs in a manner consistent 
with the following:
     PSOs must be independent of the activity contractor (for 
example, employed by a subcontractor) and have no other assigned tasks 
during monitoring periods;
     At least one PSO must have prior experience performing the 
duties of a PSO during construction activity pursuant to a NMFS-issued 
incidental take authorization;
     Other PSOs may substitute education (degree in biological 
science or related field) or training for experience; and,
     Weyerhaeuser 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. Weyerhaeuser will employ up to four 
PSOs. PSO locations will provide an unobstructed view of all water 
within the shutdown zone(s), and as much of the Level A harassment and 
Level B harassment zones as possible. PSOs will be stationed along the 
shore of the Columbia River.

[[Page 64430]]

    Weyerhaeuser will ensure that construction supervisors and crews, 
the monitoring team, and relevant Weyerhaeuser staff are trained prior 
to the start of activities subject to the proposed IHA, so that 
responsibilities, communication procedures, monitoring protocols, and 
operational procedures are clearly understood. New personnel joining 
during the project will be trained prior to commencing work. Monitoring 
will occur for all pile driving activities during the pile installation 
work window (September 1, 2025 through January 31, 2026). For pile 
removal activities outside the work window, one PSO will be on site to 
monitor the ensonified area once every 7 calendar days, whether or not 
vibratory pile extraction occurs on that day. Monitoring will be 
conducted 30 minutes before, during, and 30 minutes after pile driving/
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 driven or removed. Pile driving/removal 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.

Data Collection

    PSOs will use approved data forms to record the following 
information:
     Dates and times (beginning and end) of all marine mammal 
monitoring.
     PSO locations during marine mammal monitoring.
     Construction activities occurring during each daily 
observation period, including how many and what type of piles were 
driven or removed and by what method (i.e., vibratory or impact).
     Weather parameters and water conditions.
     The number of marine mammals observed, by species, 
relative to the pile location and if pile driving or removal was 
occurring at time of sighting.
     Distance and bearings of each marine mammal observed to 
the pile being driven or removed.
     Description of marine mammal behavior patterns, including 
direction of travel.
     Age and sex class, if possible, of all marine mammals 
observed.
     Detailed information about implementation of any 
mitigation triggered (such as shutdowns and delays), a description of 
specific actions that ensued, and resulting behavior of the animal if 
any.

Reporting

    A draft marine mammal monitoring report will be submitted to NMFS 
within 90 days after the completion of pile driving and removal 
activities. It would 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 the number and type of piles driven or 
removed and by what method (i.e., vibratory driving) and the total 
equipment duration for cutting for each pile.
     PSO locations during marine mammal monitoring.
     Environmental conditions during monitoring periods (at 
beginning and end of PSO shift and whenever conditions change 
significantly), including Beaufort sea state and any other relevant 
weather conditions including cloud cover, fog, sun glare, and overall 
visibility to the horizon, and estimated observable distance.
     Upon observation of a marine mammal, the following 
information: (1) name of PSO who sighted the animal(s) and PSO location 
and activity at time of sighting; (2) time of sighting; (3) 
identification of the animal(s) (e.g., genus/species, lowest possible 
taxonomic level, or unidentified), PSO confidence in identification, 
and the composition of the group if there is a mix of species; (4) 
distance and bearing of each marine mammal observed relative to the 
pile being driven for each sighting (if pile driving was occurring at 
time of sighting); (5) estimated number of animals (min/max/best 
estimate); (6) estimated number of animals by cohort (adults, 
juveniles, neonates, group composition, etc.); (7) animal's closest 
point of approach and estimated time spent within the harassment zone; 
and (8) description of any marine mammal behavioral observations (e.g., 
observed behaviors such as feeding or traveling), including an 
assessment of behavioral responses thought to have resulted from the 
activity (e.g., no response or changes in behavioral state such as 
ceasing feeding, changing direction, flushing, or breaching).
     Number of marine mammals detected within the harassment 
zones, by species.
     Detailed information about any implementation of any 
mitigation triggered (e.g., shutdowns and delays), a description of 
specific actions that ensued, and resulting changes in behavior of the 
animal(s), if any.
    If no comments are received from NMFS within 30 days, the draft 
final report would 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, Weyerhaeuser shall report 
the incident to the OPR, NMFS and to the west coast regional stranding 
network as soon as feasible. If the death or injury was clearly caused 
by the specified activity, Weyerhaeuser 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.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any impacts or responses (e.g., intensity, duration), 
the context of any impacts or responses (e.g., critical reproductive 
time or location, foraging

[[Page 64431]]

impacts affecting energetics), as well as effects on habitat, and the 
likely effectiveness of the mitigation. We also assess the number, 
intensity, and context of estimated takes by evaluating this 
information relative to population status. Consistent with the 1989 
preamble for NMFS' implementing regulations (54 FR 40338, September 29, 
1989), the impacts from other past and ongoing anthropogenic activities 
are incorporated into this analysis via their impacts on the baseline 
(e.g., as reflected in the regulatory status of the species, population 
size and growth rate where known, ongoing sources of human-caused 
mortality, or ambient noise levels).
    To avoid repetition, the discussion of our analysis applies to 
California sea lions, Steller sea lions, and harbor seals, given that 
the anticipated effects of this activity on these different marine 
mammal stocks are expected to be similar. There is little information 
about the nature or severity of the impacts, or the size, status, or 
structure of any of these species or stocks that would lead to a 
different analysis for this activity.
    Pile driving activities have the potential to disturb or displace 
marine mammals. Specifically, the project activities may result in 
take, in the form of Level A harassment and Level B harassment from 
underwater sounds generated from pile driving and removal. Potential 
takes could occur if individuals are present in the ensonified zone 
when these activities are underway.
    The takes from Level B harassment would be due to potential 
behavioral disturbance, and TTS. Level A harassment takes would be due 
to PTS. No mortality or serious injury is anticipated given the nature 
of the activity, even in the absence of the required mitigation. The 
potential for harassment is minimized through the construction method 
and the implementation of the mitigation measures (see Mitigation 
section).
    Take would occur within a limited, confined area (the Columbia 
River) of the stocks' ranges. Level A harassment and Level B harassment 
would be reduced to the level of least practicable adverse impact 
through use of mitigation measures described herein. Further, the 
amount of take authorized is extremely small when compared to stock 
abundance, and the project is not anticipated to impact any known 
important habitat areas for any marine mammal species.
    Take by Level A harassment is authorized to account for the 
potential that an animal could enter and remain within the area between 
a Level A harassment zone and the shutdown zone for a duration long 
enough to be taken by Level A harassment. Any take by Level A 
harassment is expected to arise from, at most, a small degree of PTS 
because animals would need to be exposed to higher levels and/or longer 
duration than are expected to occur here in order to incur any more 
than a small degree of PTS. Additionally, and as noted previously, some 
subset of the individuals that are behaviorally harassed could also 
simultaneously incur some small degree of TTS for a short duration of 
time. Because of the small degree anticipated, though, any PTS or TTS 
potentially incurred here would not be expected to adversely impact 
individual fitness, let alone annual rates of recruitment or survival.
    Behavioral responses of marine mammals to pile driving at the 
project site, if any, are expected to be mild and temporary. Marine 
mammals within the Level B harassment zone may not show any visual cues 
they are disturbed by activities or could become alert, avoid the area, 
leave the area, or display other mild responses that are not observable 
such as changes in vocalization patterns. Given the limited number of 
piles to be installed or extracted per day and that pile driving and 
removal would occur across a maximum of 150 days within the 12-month 
authorization period, any harassment would be temporary.
    Any impacts on marine mammal prey that would occur during 
Weyerhaeuser's activity would have, at most, short-term effects on 
foraging of individual marine mammals, and likely no effect on the 
populations of marine mammals as a whole. Indirect effects on marine 
mammal prey during the construction are expected to be minor, and these 
effects are unlikely to cause substantial effects on marine mammals at 
the individual level, with no expected effect on annual rates of 
recruitment or survival.
    In addition, it is unlikely that minor noise effects in a small, 
localized area of habitat would have any effect on the stocks' annual 
rates of recruitment or survival. In combination, we believe that these 
factors, as well as the available body of evidence from other similar 
activities, demonstrate that the potential effects of the specified 
activities will have only minor, short-term effects on individuals. The 
specified activities are not expected to impact rates of recruitment or 
survival and will therefore not result in population-level impacts.
    In summary and as described above, the following factors primarily 
support our determination that the impacts resulting from this activity 
are not expected to adversely affect any of the species or stocks 
through effects on annual rates of recruitment or survival:
     No serious injury or mortality is anticipated or 
authorized;
     The intensity of anticipated takes by Level B harassment 
is relatively low for all stocks and would not be of a duration or 
intensity expected to result in impacts on reproduction or survival;
     No important habitat areas have been identified within the 
project area;
     For all species, the Columbia River is a very small and 
peripheral part of their range and anticipated habitat impacts are 
minor; and,
     Weyerhaeuser will implement mitigation measures, such as 
soft-starts for impact pile driving and shut downs to minimize the 
numbers of marine mammals exposed to injurious levels of sound, and to 
ensure that take by Level A harassment, is at most, a small degree of 
PTS.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the 
proposed activity will have a negligible impact on all affected marine 
mammal species or stocks.

Small Numbers

    As noted previously, only take of small numbers of marine mammals 
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. When the predicted number of 
individuals to be taken is fewer than one-third of the species or stock 
abundance, the take is considered to be of small numbers. Additionally, 
other qualitative factors may be considered in the analysis, such as 
the temporal or spatial scale of the activities.
    Table 8 demonstrates the number of animals that could be exposed to 
received noise levels that could cause Level B harassment for the work. 
Our analysis shows that less than 10 percent of each affected stock 
could be taken by harassment. The numbers of animals authorized to be 
taken for these stocks

[[Page 64432]]

would be considered small relative to the relevant stock's abundances, 
even if each estimated taking occurred to a new individual--an 
extremely unlikely scenario.
    Based on the analysis contained herein of the activity (including 
the mitigation and monitoring measures) and the authorized take of 
marine mammals, NMFS finds that small numbers of marine mammals would 
be taken relative to the population size of the affected species or 
stocks.

Unmitigable Adverse Impact Analysis and Determination

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

Endangered Species Act

    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.
    No incidental take of ESA-listed species is authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
formal consultation under section 7 of the ESA is not required for this 
action.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our action (i.e., the issuance of an 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 determined that the 
issuance of this IHA qualifies to be categorically excluded from 
further NEPA review.

Authorization

    NMFS has issued an IHA to Weyerhaeuser for the potential harassment 
of small numbers of three marine mammal species incidental to the Log 
Export Dock Project on the Columbia River near Longview, Washington 
that includes the previously explained mitigation, monitoring and 
reporting requirements.

    Dated: August 2, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-17470 Filed 8-6-24; 8:45 am]
BILLING CODE 3510-22-P