Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Chevron Richmond Refinery Long Wharf Maintenance and Efficiency Project in San Francisco Bay, California
| Published date | 06 April 2021 |
| Citation | 86 FR 17777 |
| Record Number | 2021-07022 |
| Section | Notices |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 86 Issue 64 (Tuesday, April 6, 2021)
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17777-17783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07022]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA966]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Chevron Richmond Refinery Long
Wharf Maintenance and Efficiency Project in San Francisco Bay,
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of an Incidental Harassment
Authorization; request for comments.
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SUMMARY: NMFS has received a request from Chevron Products Company
(Chevron) for an incidental harassment authorization (IHA), that would
cover a subset of the take authorized in IHAs previously issued to
Chevron, to incidentally take marine mammals, by Level B harassment
only, during construction activities associated with the Chevron
Richmond Refinery Long Wharf Maintenance and Efficiency Project (LWMEP)
in San Francisco Bay, California. However, some changes have occurred
during this year's evaluation of the project. Hydroacoustic monitoring
data has led to changes in source levels and other noise generating
criteria that affect Level A and Level B harassment and shutdown zones.
The local abundance for one population has increased. Pursuant to the
Marine Mammal Protection Act (MMPA), 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 1
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 May 6,
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,
[[Page 17778]]
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
application, 2019 and 2020 IHAs, and supporting documents (including
NMFS Federal Register notices of the earlier proposed and final
authorizations, and the previous IHAs), as well as a list of the
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization is provided to the public for
review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
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 February 1, 2018, NMFS received a request from Chevron for an
IHA to take marine mammals incidental to pile driving and pile removal
associated with the LWMEP in San Francisco Bay, California. An IHA was
issued on May 31, 2018 (83 FR 27548, June 13, 2018). Chevron was unable
to complete all of the planned work and was issued a second IHA on June
1, 2019 (84 FR 28474, June 19, 2019) and when the work was again not
completed a Renewal IHA was issued on June 11, 2020 (85 FR 37064; June
19, 2020). Chevron was again unable to complete the work in 2020 and on
February 24, 2021 requested a new IHA to authorize take of marine
mammals for the subset of the initially planned work that could not be
completed. The application was deemed adequate and complete on March
22, 2021. Chevron requested the new IHA be effective from June 1, 2021
through May 31, 2022. Chevron does not qualify for an additional
renewal IHA, but given the proposed work is a subset of that which has
been previously analyzed, we will be referencing the prior
authorization except where activities or analysis have changed as
described below.
Description of the Specified Activities and Anticipated Impacts
As described in the 2018, 2019 and 2020 IHAs, Chevron is upgrading
Long Wharf to comply with current Marine Oil Terminal Engineering and
Maintenance Standards and in order to accept more modern, fuel
efficient vessels. The remaining work includes installing four new
standoff fenders and removing obsolete piles at Berth 2 and installing
four new dolphins and removing temporary piles associated with the
prior work at Berth 4. Remaining construction at Long Wharf includes
vibratory pile installation of 52 14-inch composite piles, vibratory
removal of 150 piles (eight 36-inch steel piles, 36 14-inch steel H
piles, and 106 16-inch timber piles) and impact installation of nine
24-inch concrete piles (Table 1). Note some pile sizes were described
with various diameters in prior notifications (e.g., the composite
piles are tapered and their diameter ranges from 12 to 14 inches and
they are now described by their widest diameter) but there is no change
to actual planned piles. The activities consist of 36 days of in-water
work. Pile driving and removal activities will continue to occur within
the standard NMFS work windows for Endangered Species Act (ESA)-listed
fish species (June 1 through November 30).
Vibratory pile removal and installation and impact pile
installation will introduce underwater sounds that may result in take,
by Level B harassment, of seven species of marine mammals in San
Francisco Bay. This IHA proposes to authorize the remaining take
associated with the work not completed under the prior IHAs. The H
piles and 36-inch piles were not part of the 2020 renewal IHA but were
part of earlier IHAs for this project. The H-piles were noted as
temporary piles in the 2018 IHA application although Chevron was in the
process of determining the permitting requirements to leave these
fender piles in place. In the 2019 IHA application Chevron had included
the 36-inch piles as temporary and listed the activities as
installation and removal. The piles were installed in 2019. Chevron had
been considering leaving the 36-inch piles in place as well. Chevron
has since
[[Page 17779]]
reconsidered leaving any of the temporary piles in place and has
decided to remove the H-piles at Berth 2 and the 36-inch piles at Berth
4. Therefore, removal of these piles is included in the 2021
application.
The prior IHAs included Level A harassment take associated with
installation of larger piles that has since been completed, therefore
no Level A harassment take is requested or proposed for this IHA. The
earlier proposed and final IHA documents, monitoring report, and public
comments can be found on our project web page at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-old-sitka-dock-north-dolphins-expansion-project-sitka-alaska.
Detailed Description of the Activity
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 2018, 2019 and 2020 IHAs. The
location, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notices.
As part of the prior authorizations Chevron was required to conduct
hydroacoustic monitoring of their pile driving. Based on this
monitoring Chevron has applied updated estimates of strikes per pile to
drive 24-inch concrete piles and source levels and transmission loss
coefficients for multiple pile sizes. Below we update our analysis and
the Level A and Level B harassment isopleths and shutdown zones based
on these new data.
Table 1--Pile Driving Details for Work Remaining To Be Completed
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Number of Number of Time/pile
Pile type and number per day Pile driver type piles driving days Strikes/pile (min)
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36-inch steel pipe pile (4/ Vibratory 8 2 N/A 5
day). removal.
14-inch H pile removal (6/day) Vibratory 36 6 N/A 5
removal.
24-inch concrete (1-2/day).... Impact install.. 9 8 440 20
14-inch composite (5/day)..... Vibratory 52 11 N/A 10
install.
16-inch timber pile (12/day).. Vibratory 106 9 N/A 6.67
removal.
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Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notices of the proposed and final IHAs for the 2019 and 2020
authorization. NMFS has reviewed the monitoring data from the 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 in the Area of Specified
Activities contained in the supporting documents for the 2019 and 2020
IHAs.
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 2018 authorization. NMFS has reviewed the monitoring data
from the 2019 and 2020 IHAs, recent draft Stock Assessment Reports,
information on relevant Unusual Mortality Events, and other scientific
literature, and determined that, besides the revised source information
harbor seal occurrence mentioned above and analyzed below, 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
2018 and 2019 IHAs. As noted above, hydroacoustic monitoring from prior
years has changed the source levels, transmission loss coefficients,
time and strikes to drive piles for various of the pile sizes. Instead
of referencing prior discussions of these topics we provide complete
details of the pile driving parameters used to compute the Level A and
Level B harassment isopleths for this proposed IHA in Tables 1 and 2.
Based on these revised inputs the Level A and Level B harassment
isopleth radii from the NMFS User Spreadsheet are shown for all pile
sizes in Tables 2 and 3.
Table 2--Pile Driving Source Levels and Calculated Distances to Level A Harassment Isopleths
[Sound source reference in italics]
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Source levels at 10 meters Distance to Level A threshold (meters)
Pile type and sound source Transmission (dB) unless noted --------------------------------------------------------------------------
reference loss -------------------------------- Low-frequency Mid-frequency High-frequency Phocid Otariid
coefficient Peak RMS/SEL cetaceans cetaceans cetaceans pinnipeds pinnipeds
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Attenuated Impact Driving (with
bubble curtain):
24-inch square concrete 15 191 161 SEL.......... 31 1 37 17 1
(2018 acoustic monitoring).
Vibratory Driving/Extraction:
14-inch Composite Barrier 15 178 168 RMS.......... 18 2 26 11 1
Pile (Laughlin 2012).
36-inch steel pipe pile 20 196 167 RMS @15 m.... 13 2 17 9 1
(2019 acoustic monitoring).
14-inch H pile (2018 20 165 150 RMS.......... 2 1 2 1 1
acoustic monitoring).
16-inch timber pile (WSDOT 15 N/A 152 RMS.......... 2 1 3 1 1
2011).
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Notes: SEL = sound exposure level, RMS = Root Mean Square.
[[Page 17780]]
Table 3--Distances to Level B Thresholds and Size of the Level B
Harassment Zone for Each Pile Type
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Area of Level B
Pile type Level B harassment zone (square
isopleth (meters) kilometers)
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Attenuated Impact Driving
(with bubble curtain):
24-inch square concrete. 74 0.01
Vibratory Driving/
Extraction:
14-inch Composite....... 15,849 26.5
36-inch steel pipe...... * 3,358 4.04
14-inch H............... * 316 0.05
16-inch timber.......... 1,359 0.9
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* Using transmission loss coefficient and source levels from
hydroacoustic monitoring.
The stocks taken, methods of take, and types of take remain
unchanged from the previously issued IHAs. The only change to the
marine mammal density/occurrence data used to calculate take is an
increase in harbor seal abundance at the Castro Rocks haulout. Castro
Rocks are part of the survey area for long-term National Park Service
(NPS) monitoring studies of harbor seal colonies within the Golden Gate
National Recreation Area that have been conducted since 1976. The take
estimates for this stock for this project have been based on the
highest mean plus the standard error of harbor seals observed at Castro
Rocks during recent annual surveys conducted by the NPS during the
molting season. Based on the most recent surveys (Codde 2020, Codde and
Allen 2020) and using the methods from the prior IHAs, the current
daily abundance for use in calculating take of this stock would
increase to 376 seals. However, given the prior monitoring results, the
smaller pile sizes left to be driven or removed, and their location and
distance from Castro Rocks, we are reverting to our more common
practice of using the mean abundance estimate to estimate take. The
mean using the most recent data is 237 animals per day (an increase
from 176). Therefore, Level B harassment take for this stock is the
estimated daily abundance in the project area (237) times the number of
days of in-water work (36), resulting in a proposed authorization for
Level B harassment of 8,532 harbor seals. Because the Level A
harassment zones are small and we believe the Protected Species
Observers (PSOs) will be able to effectively monitor the Level A
harassment zones and implement shutdowns, we do not propose to
authorize take by Level A harassment for this or any other stock.
For the remaining species take is estimated as follows (using the
same criteria as prior IHAs). It is possible that a lone northern
elephant seal may enter the Level B Harassment area once every 3 days
during pile driving, resulting in a proposed authorization for Level B
harassment of 12 northern elephant seals. While no northern fur seals
have been observed in the 2018-2020 monitoring for this project, the
incidence of northern fur seal in San Francisco Bay depends largely on
oceanic conditions, with animals more likely to occur during El
Ni[ntilde]o events. As in prior IHAs, we propose authorization for
Level B harassment of 10 northern fur seals. While no bottlenose
dolphins have been observed in the 2018-2020 monitoring for this
project, this species occurs intermittently in San Francisco Bay. As in
prior IHAs, we propose authorization for Level B harassment of 30
bottlenose dolphins. Gray whales occasionally enter San Francisco Bay,
and as in prior IHAs, we propose authorization for Level B harassment
of 2 gray whales. Estimated Level B harassment take for California sea
lions and harbor porpoises for this project has been based on densities
of those stocks in the vicinity of the project. The estimated densities
for these species have not changed from prior IHAs (0.16 and 0.17
animals per square kilometer, respectively). The only factors that have
changed are the days of work for each pile type and the areas of the
Level B harassment zones (see Tables 1 and 3 above, respectively).
Based on the above discussion, the only changes to the number of
proposed takes, which are indicated below in Table 4, is to account for
the increased occurrence of harbor seals and the area and days of work
remaining to be completed.
Table 4--Estimated Take by Level B Harassment, by Species and Stock
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Level B Percent of
Common name Scientific name Stock harassment stock
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Harbor seal....................... Phoca vitulina....... California........... 8,532 1.6
Harbor porpoise................... Phocoena phocoena.... San Francisco-- 327 4.4
Russian River.
California sea lion............... Zalophus U.S.................. 308 Conduct training between construction supervisors and
crews and the marine mammal monitoring team and relevant Chevron staff
prior to the start of all pile driving activity and when new personnel
join the work, so that responsibilities, communication procedures,
monitoring protocols, and operational procedures are clearly
understood;
Avoid direct physical interaction with marine mammals
during construction activity. If a marine mammal comes within 10 m of
such activity, operations must cease and vessels must reduce speed to
the minimum level required to maintain steerage and safe working
conditions;
Pile driving activity must be halted upon observation of
either a species for which incidental take is not authorized or a
species for which incidental take has been authorized but the
authorized number of takes has been met, entering or within the
harassment zone;
Implement the shutdown zones indicated in Table 5;
Employ PSOs and establish monitoring locations as
described in the Marine Mammal Monitoring Plan and Section 5 of the
IHA. For all pile driving locations two PSOs must be used, with a
minimum of one PSO assigned to each active pile driving location to
monitor the shutdown zones. During work at Berth 2, PSOs will be
stationed on the east and west edges of the Long Wharf. The PSO on the
east has 180 degree views from the Long Wharf, north, south and east
toward the shore and would have views of Castro Rocks. The PSO on the
west would have 180 degree views, north to south, with views of San
Francisco Bay to the west. During work at Berth 4, one PSO would be
stationed on the east side of the wharf, just south of Berth 4 on an
elevated viewpoint. This position allows clear views of the work area
and shutdown zones, and views of the waters to the east and west of
Long Wharf. A second PSO would be stationed on the mooring dolphin at
the north end of the Long Wharf. This location provides a view of the
work area and shutdown zones from the north as well as a clear view of
Castro Rocks and areas to the east and west;
The placement of PSOs during all pile driving and removal
and drilling activities will ensure that the entire shutdown zone is
visible during pile installation. Should environmental conditions
deteriorate such that marine mammals within the entire shutdown zone
will not be visible (e.g., fog, heavy rain), pile driving and removal
must be delayed until the PSO is confident marine mammals within the
shutdown zone could be detected;
Monitoring must take place from 30 minutes prior to
initiation of pile driving activity through 30 minutes post-completion
of pile driving activity. Pre-start clearance monitoring must be
conducted during periods of visibility sufficient for the lead PSO to
determine the shutdown zones clear of marine mammals. Pile driving may
commence following 30 minutes of observation when the determination is
made;
If pile driving is delayed or halted due to the presence
of a marine mammal, the activity may not commence or resume until
either the animal has voluntarily exited and been visually confirmed
beyond the shutdown zone or 15 minutes have passed without re-detection
of the animal;
Chevron must use soft start techniques when impact pile
driving. Soft start requires contractors to provide an initial set of
three strikes at reduced energy, followed by a 30-second waiting
period, then two subsequent reduced-energy strike sets. A soft start
must 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;
Use a bubble curtain during impact pile driving of 24-inch
concrete piles and must ensure that it is operated as necessary to
achieve optimal performance, and that no reduction in performance may
be attributable to faulty deployment. At a minimum, the Holder must
adhere to the following performance standards: 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 substrate for the full circumference of the ring,
and the weights attached to the bottom ring shall ensure 100 percent
substrate contact. No parts of the ring or other objects shall prevent
full substrate contact. Air flow to the bubblers must be balanced
around the circumference of the pile;
Conduct sound source level measurements during driving of
a minimum of two 14-inch composite piles;
Monitoring must be conducted by qualified, NMFS-approved
PSOs, in accordance with the following: PSOs must be independent (i.e.,
not construction personnel) 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
other relevant experience, education (degree in biological science or
related field), or training. Where a team of three or more PSOs are
required, a lead observer or monitoring coordinator must be designated.
The lead observer must have prior experience performing the duties of a
PSO during construction activity pursuant to a NMFS-issued incidental
take authorization. PSOs must be approved by NMFS prior to beginning
any activity subject to this IHA.
PSOs must record all observations of marine mammals as
described in the Monitoring Plan, regardless of distance from the pile
being driven. PSOs shall document any behavioral reactions in concert
with distance from piles being driven or removed;
The marine mammal and acoustic monitoring reports must
contain the informational elements described in the Monitoring Plan;
A draft marine mammal monitoring report, and PSO
datasheets and/or raw sighting data, must be submitted to NMFS within
90 calendar days after the completion of pile driving activities. If no
comments are received from NMFS within 30 calendar days, the draft
report will constitute the final report. If comments are received, a
final report addressing NMFS comments must be submitted within 30
calendar days after receipt of comments; and
In the event that personnel involved in the construction
activities discover an injured or dead marine mammal, the IHA-holder
must immediately cease the specified activities and report the incident
to the Office of Protected Resources (OPR)
([email protected]), NMFS and to West Coast Regional
Stranding Coordinator as soon as feasible.
[[Page 17782]]
Table 5--Shutdown Zones by Marine Mammal Hearing Group, Pile Size, and Method
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Radial distance of shutdown zone (meters)
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Pile type Low-frequency Mid-frequency High-frequency Phocid Otariid
cetaceans cetaceans cetaceans pinnipeds pinnipeds
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Attenuated Impact Driving
(with bubble curtain):
24-inch square concrete.. 40 10 40 20 10
Vibratory Driving/Extraction:
14-inch Composite........ 20 10 30 20 10
36-inch steel pipe pile.. 20 10 20 10 10
14-inch H pile........... 10 10 10 10 10
16-inch timber........... 10 10 10 10 10
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Preliminary Determinations
The action in this IHA is identical to the action in the 2020 IHA
except that sound isopleths have decreased for a number of sources,
harbor seal daily rate of take has increased, and the mitigation and
monitoring measures have been updated to our new language. As described
in the notice of issuance of the 2020 final IHA (85 FR 37064, June 19,
2020) we found that Chevron's construction activities would have a
negligible impact and that the taking would be small relative to
population size. For this analysis of the new IHA we found that marine
mammal stock abundance was still estimated to be the same as for the
2020 IHA. Other marine mammal information and the potential effects
were identical to the 2020 IHA except for the increase in the daily
abundance of harbor seals. The estimated take was calculated
identically to the 2020 IHA, except for harbor seals, and zone sizes
decreased for a number of pile sizes. The increased daily abundance and
take of harbor seals still involves far less than 10 percent of the
stock (Table 4). Mitigation and monitoring are identical to the 2020
IHA except for the decrease in Level A harassment and shutdown zones
for many pile types and the change in standard language, which has no
substantive effect on our analysis.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the 2020 IHA. This includes consideration of the estimated
abundance of harbor seals increasing, the change in harassment and
shutdown zones, and the updating of IHA language for mitigation and
monitoring.
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 proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; (4) Chevron'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 Chevron for conducting the LWMEP in San Francisco Bay,
CA from June 1, 2021 through May 31, 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 prior IHAs), the proposed
authorization, and any other aspect of this notice of proposed IHA for
the proposed construction activity at Long Wharf. 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
Description of the Specified Activities and Anticipated Impacts section
of this notice is planned or (2) the activities as described in the
Description of the Specified Activities and Anticipated Impacts s
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 this notice, provided all of the following
conditions are met:
A request for renewal is received no later than 60 days
prior to the needed renewal IHA effective date (recognizing that the
renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do
[[Page 17783]]
not indicate impacts of a scale or nature not previously analyzed or
authorized.
Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: April 1, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-07022 Filed 4-5-21; 8:45 am]
BILLING CODE 3510-22-P
