[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4970-4984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01416]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R7-ES-2023-0212; FXES111607MRG01-245-FF07CAMM00]
Marine Mammals; Incidental Take During Specified Activities;
Proposed Incidental Harassment Authorization for Southwest Alaska Stock
of Northern Sea Otters in Kodiak, Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of application; proposed incidental
harassment authorization; draft environmental assessment; request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, in response to a
request under the Marine Mammal Protection Act of 1972, as amended,
from Trident Seafoods Corporation, propose to authorize nonlethal
incidental take by harassment of small numbers of the Southwest Alaska
stock of northern sea otters (Enhydra lutris kenyoni) for 1 year from
the date of issuance of the incidental harassment authorization. The
applicant requested this authorization for take by harassment that may
result from activities associated with pile driving and marine
construction activities in Near Island Channel in Kodiak, Alaska. We
estimate that this project may result in the nonlethal incidental take
by harassment of up to 460 northern sea otters from the Southwest
Alaska stock. This proposed authorization, if finalized, will be for up
to 3,160 takes of 460 northern sea otters by Level B harassment. No
take by Level A harassment or lethal take are requested, or expected,
and no such take will be authorized.
DATES: Comments on this proposed incidental harassment authorization
and the accompanying draft environmental assessment must be received by
February 26, 2024.
ADDRESSES:
Accessing documents: You may view this proposed incidental
harassment authorization, the application package, supporting
information, draft environmental assessment, and the list of references
cited herein at https://www.regulations.gov under Docket No. FWS-R7-ES-
2023-0212. Alternatively, you may request these documents from the
person listed under FOR FURTHER INFORMATION CONTACT.
Submitting comments: You may submit comments on the proposed
authorization by one of the following methods:
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R7-ES-2023-212, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA 22041-3803.
Internet: https://www.regulations.gov. Follow the
instructions for submitting comments to Docket No. FWS-R7-ES-2023-212.
We will post all comments at https://www.regulations.gov. You may
request that we withhold personal identifying information from public
review; however, we cannot guarantee that we will be able to do so. See
Request for Public Comments for more information.
FOR FURTHER INFORMATION CONTACT: Charles Hamilton, by U.S. mail at the
U.S. Fish and Wildlife Service, MS 341, 1011 East Tudor Road,
Anchorage, AK 99503; by email at [email protected]; or by
telephone at 1-800-362-5148. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972
(MMPA; 16 U.S.C. 1361 et seq.) authorizes the Secretary of the Interior
(Secretary) to allow, upon request, the incidental, but not
intentional, taking by harassment of small numbers of marine mammals in
response to requests by U.S. citizens (as defined in title 50 of the
Code of Federal Regulations (CFR) in part 18, at 50 CFR 18.27(c))
engaged in a specified activity (other than commercial fishing) in a
specified geographic region during a period of not more than 1 year.
The Secretary has delegated authority for implementation of the MMPA to
the U.S. Fish and Wildlife Service (``Service'' or ``we''). According
to the MMPA, the Service shall allow this incidental taking if we make
findings that the total of such taking for the 1-year period:
(1) is of small numbers of marine mammals of a species or stock;
(2) will have a negligible impact on such species or stocks; and
(3) will not have an unmitigable adverse impact on the availability
of these species or stocks for taking for subsistence use by Alaska
Natives.
If the requisite findings are made, we issue an authorization that
sets forth the following, where applicable:
(a) permissible methods of taking;
(b) means of effecting the least practicable adverse impact on the
species or stock and its habitat and the availability of the species or
stock for subsistence uses; and
(c) requirements for monitoring and reporting of such taking by
harassment, including, in certain circumstances, requirements for the
independent peer review of proposed monitoring plans or other research
proposals.
The term ``take'' means to harass, hunt, capture, or kill, or to
attempt to harass, hunt, capture, or kill any marine mammal.
``Harassment'' means any act of pursuit, torment, or annoyance which
(i) has the potential to injure a marine mammal or marine mammal stock
in the wild (the MMPA defines this as ``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 (the MMPA defines this as ``Level B harassment'').
The terms ``negligible impact'' and ``unmitigable adverse impact''
are defined in 50 CFR 18.27 (i.e., regulations governing small takes of
marine mammals incidental to specified activities) as follows:
``Negligible impact'' is 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. ``Unmitigable adverse impact''
means an impact resulting from the specified activity: (1) that is
likely to reduce the availability of the species to a level
insufficient for a harvest to meet
[[Page 4971]]
subsistence needs by (i) causing the marine mammals to abandon or avoid
hunting areas, (ii) directly displacing subsistence users, or (iii)
placing physical barriers between the marine mammals and the
subsistence hunters; and (2) that cannot be sufficiently mitigated by
other measures to increase the availability of marine mammals to allow
subsistence needs to be met.
The term ``small numbers'' is also defined in 50 CFR 18.27.
However, we do not rely on that definition here as it conflates ``small
numbers'' with ``negligible impacts.'' We recognize ``small numbers''
and ``negligible impacts'' as two separate and distinct considerations
when reviewing requests for incidental harassment authorizations (IHA)
under the MMPA (see Natural Res. Def. Council, Inc. v. Evans, 232 F.
Supp. 2d 1003, 1025 (N.D. Cal. 2003)). Instead, for our small numbers
determination, we estimate the likely number of marine mammals to be
taken and evaluate if that number is small relative to the size of the
species or stock.
The term ``least practicable adverse impact'' is not defined in the
MMPA or its enacting regulations. For this IHA, we ensure the least
practicable adverse impact by requiring mitigation measures that are
effective in reducing the impact of project activities, but they are
not so restrictive as to make project activities unduly burdensome or
impossible to undertake and complete.
If the requisite findings are made, we shall issue an IHA, which
may set forth the following, where applicable: (i) permissible methods
of taking; (ii) 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 subsistence
uses by coastal-dwelling Alaska Natives (if applicable); and (iii)
requirements for monitoring and reporting take by harassment.
Summary of Request
On May 25, 2023, Trident Seafoods Corporation (hereafter
``Trident'' or ``the applicant'') submitted a request to the Service
for authorization to take by Level B harassment a small number of
northern sea otters (Enhydra lutris kenyoni) (hereafter ``sea otters''
or ``otters'' unless another species is specified) from the Southwest
Alaska stock. The Service sent requests for additional information on
May 30, June 13, July 26, August 30, September 25, and October 5, 2023.
We received updated versions of the request on July 17, September 5,
and October 9. The Service determined the October 9, 2023, application
to be adequate and complete. Trident expects take by harassment may
occur during the construction of their crew bunkhouse and associated
facilities in Near Island Channel at Kodiak, Alaska.
Description of Specified Activities and Specified Geographic Region
The specified activity (hereafter ``project'') will include
installation and removal of piles for the construction of a ~46-by-23-
meter (m) (~150-by-75-foot (ft)) dock at Trident's crew bunkhouse in
Kodiak, Alaska (see figure below), between March 2024 and March 2025.
Trident will remove sixty 41-centimeter (cm) (16-inch (in)) diameter
steel piles, seventy-five 36-cm (14-in) steel piles, and 100 36-cm (14-
in) timber piles, and will permanently install the following types of
piles: twenty-six 41-cm (16-in) and fifty-two 61-cm (24-in) diameter
steel piles. Twenty 61-cm (24-in) diameter steel piles will be
temporarily installed. Dock components that will be installed out of
water include bull rail, fenders, mooring cleat, pre-cast concrete dock
surface, and mast lights. Pile-driving activities will occur over 55
nonconsecutive days for approximately 94 hours during the course of 1
year from the date of issuance of the IHA. If the IHA is issued after
Trident's intended start date in March 2024, the schedule for
conducting the specified activities may be adjusted accordingly. Pile
installation will be done with a combination of vibratory and down-the-
hole (DTH) drilling. Temporary and extant piles will be removed by the
deadpull method; it is anticipated that up to 10 percent of piles may
require vibratory removal. Materials and equipment will be transported
via barges, and workers will be transported to and from the barge work
platform via skiff.
Additional project details may be reviewed in the application
materials available as described under ADDRESSES or may also be
requested as described under FOR FURTHER INFORMATION CONTACT.
[[Page 4972]]
[GRAPHIC] [TIFF OMITTED] TN25JA24.007
Description of Marine Mammals in the Specified Geographic Region
Sea Otter Biology
There are three sea otter stocks in Alaska: the Southeast Alaska
stock, the Southcentral Alaska stock, and the Southwest Alaska stock.
Only the Southwest Alaska stock is represented in the project area.
Detailed information about the biology of this stock can be found in
the most recent Southwest Alaska revised stock assessment report (USFWS
2023), announced in the Federal Register at 88 FR 53510, August 8,
2023, and also available at https://www.regulations.gov/document/FWS-R7-ES-2022-0155-0012 and https://www.fws.gov/media/northern-sea-otter-southwest-alaska-stock-assessment-report-0.
Sea otters may be distributed anywhere within the specified project
area other than upland areas; however, they generally occur in shallow
water near the shoreline. They are most commonly observed within the
40-m (131-ft) depth contour (USFWS 2023), although they can be found in
areas with deeper water. Ocean depth is generally correlated with
distance to shore, and sea otters typically remain within 1 to 2
kilometers (km) (0.62 to 1.24 miles (mi)) of shore (Riedman and Estes
1990). They tend to be found closer to shore during storms but venture
farther out during good weather and calm seas (Lensink 1962; Kenyon
1969).
Sea otters are nonmigratory and generally do not disperse over long
distances (Garshelis and Garshelis 1984), usually remaining within a
few kilometers of their established feeding grounds (Kenyon 1981).
Breeding males stay for all or part of the year in a breeding territory
covering up to 1 km (0.62 mi) of coastline, while adult females
maintain home ranges of approximately 8 to 16 km (5 to 10 mi), which
may include one or more male territories. Juveniles move greater
distances between resting and foraging areas (Lensink 1962; Kenyon
1969; Riedman and Estes 1990; Tinker and Estes 1996). Although sea
otters generally remain local to an area, they are capable of long-
distance travel. Sea otters in Alaska have shown daily movement
distances greater than 3 km (1.9 mi) at speeds up to 5.5 km per hour
(3.4 mi per hour) (Garshelis and Garshelis 1984).
Southwest Alaska Sea Otter Stock
The Southwest Alaska sea otter stock occurs from western Cook Inlet
to Attu Island in the Aleutian chain (USFWS 2023). On August 9, 2005,
the Southwest Alaska sea otter stock was listed as threatened under the
Endangered Species Act (ESA) as a distinct population segment (DPS) (70
FR 46366). This stock is divided into five management units: Western
Aleutians; Eastern Aleutians; South Alaska Peninsula; Bristol Bay; and
Kodiak, Kamishak, and Alaska Peninsula (USFWS 2013, 2023). The
specified geographic region occurs within the ranges of the Kodiak,
Kamishak, and Alaska Peninsula management units.
The range of the Kodiak, Kamishak, and Alaska Peninsula management
unit extends from Castle Cape to Western Cook Inlet on the southern
side of the Alaska Peninsula and also encompasses Kodiak Island (USFWS
2020). The specified geographic region is within
[[Page 4973]]
the range of the sea otter population at Kodiak Archipelago. Waters
surrounding Kodiak Island were surveyed in 2014 using the Bodkin-
Udevitz aerial survey protocol (Cobb 2018). The estimate of sea otter
density that resulted from these surveys is 2.54 animals per square
kilometer (km\2\). Data collected by ABR, Inc.--Environmental Research
& Services during work at the Kodiak ferry terminal (ABR 2016) indicate
periods with presence of higher numbers of sea otters, occasionally
with rafts of above 200 animals and daily counts of sea otters totaling
over 450 individuals. It is likely that sea otters use Near Island
Channel, which is relatively protected in comparison with surrounding
coastline, for shelter during storm events.
Potential Impacts of the Specified Activities on Marine Mammals
Effects of Noise on Sea Otters
We characterized ``noise'' as sound released into the environment
from human activities that exceeds ambient levels or interferes with
normal sound production or reception by sea otters. The terms
``acoustic disturbance'' or ``acoustic harassment'' are disturbances or
harassment events resulting from noise exposure. Potential effects of
noise exposure are likely to depend on the distance of the sea otter
from the sound source, the level and intensity of sound the sea otter
receives, background noise levels, noise frequency, noise duration, and
whether the noise is pulsed or continuous. The actual noise level
perceived by individual sea otters will also depend on whether the sea
otter is above or below water and atmospheric and environmental
conditions. Temporary disturbance of sea otters or localized
displacement reactions are the most likely effects to occur from noise
exposure.
Sea Otter Hearing
Pile driving and marine construction activities will fall within
the hearing range of sea otters. Controlled sound exposure trials on
southern sea otters (Enhydra lutris nereis) indicate that sea otters
can hear frequencies between 125 hertz (Hz) and 38 kilohertz (kHz) with
best sensitivity between 1.2 and 27 kHz (Ghoul and Reichmuth 2014).
Aerial and underwater audiograms for a captive adult male southern sea
otter in the presence of ambient noise suggest the sea otter's hearing
was less sensitive to high-frequency (greater than 22 kHz) and low-
frequency (less than 2 kHz) sound than terrestrial mustelids but was
similar to that of a California sea lion (Zalophus californianus).
However, the sea otter was still able to hear low-frequency sounds, and
the detection thresholds for sounds between 0.125-1 kHz were between
116-101 decibels (dB), respectively. Dominant frequencies of southern
sea otter vocalizations are between 3 and 8 kHz, with some energy
extending above 60 kHz (McShane et al. 1995, Ghoul and Reichmuth 2012).
Exposure to high levels of sound may cause changes in behavior,
masking of communications, temporary or permanent changes in hearing
sensitivity, discomfort, and injury to marine mammals. Unlike other
marine mammals, sea otters do not rely on sound to orient themselves,
locate prey, or communicate under water; therefore, masking of
communications by anthropogenic sound is less of a concern than for
other marine mammals. However, sea otters, especially mothers and pups,
do use sound for communication in air (McShane et al. 1995), and sea
otters may monitor underwater sound to avoid predators (Davis et al.
1987).
Exposure Thresholds
Underwater Sounds
Noise exposure criteria for identifying underwater noise levels
capable of causing Level A harassment to marine mammal species,
including sea otters, have been established using the same methods as
those used by the National Marine Fisheries Service (NMFS) (Southall et
al. 2019). These criteria are based on estimated levels of sound
exposure capable of causing a permanent shift in sensitivity of hearing
(i.e., a permanent threshold shift (PTS) (NMFS 2018)). PTS occurs when
noise exposure causes hairs within the inner ear system to die (Ketten
2012). Although the effects of PTS are, by definition, permanent, PTS
does not equate to total hearing loss.
Sound exposure thresholds incorporate two metrics of exposure: the
peak level of instantaneous exposure likely to cause PTS and the
cumulative sound exposure level (SELCUM) during a 24-hour
period. They also include weighting adjustments for the sensitivity of
different species to varying frequencies. PTS-based injury criteria
were developed from theoretical extrapolation of observations of
temporary threshold shifts (TTS) detected in lab settings during sound
exposure trials (Finneran 2015). Southall and colleagues (2019) predict
PTS for sea otters, which are included in the ``other marine
carnivores'' category, will occur at 232 dB peak or 203 dB
SELCUM for impulsive underwater sound and 219 dB
SELCUM for non-impulsive (continuous) underwater sound.
Thresholds based on TTS have been used as a proxy for Level B
harassment (i.e., 70 FR 1871, January 11, 2005; 71 FR 3260, January 20,
2006; 73 FR 41318, July 18, 2008). Southall et al. (2007) derived TTS
thresholds for pinnipeds (walruses, seals, and sea lions) based on 212
dB peak and 171 dB SELCUM. Exposures resulting in TTS in
pinnipeds were found to range from 152 to 174 dB (183 to 206 dB SEL)
(Kastak et al. 2005), with a persistent TTS, if not a PTS, after 60
seconds of 184 dB SEL (Kastak et al. 2008). Kastelein et al. (2012)
found small but statistically significant TTS at approximately 170 dB
SEL (136 dB, 60 minutes) and 178 dB SEL (148 dB, 15 minutes). Based on
these findings, Southall et al. (2019) developed TTS thresholds for sea
otters, which are included in the ``other marine carnivores'' category,
of 188 dB SELCUM for impulsive sounds and 199 dB
SELCUM for non-impulsive sounds.
The NMFS (2018) criteria do not identify thresholds for avoidance
of Level B harassment. For pinnipeds (seals and sea lions), NMFS has
adopted a 160-dB threshold for Level B harassment from exposure to
impulsive noise and a 120-dB threshold for continuous noise (NMFS 1998,
HESS 1999, NMFS 2018). These thresholds were developed from
observations of mysticete (baleen) whales responding to airgun
operations (e.g., Malme et al. 1983; Malme and Miles 1983; Richardson
et al. 1986, 1995) and from equating Level B harassment with noise
levels capable of causing TTS in lab settings. Southall et al. (2007,
2019) assessed behavioral response studies and found considerable
variability among pinnipeds. The authors determined that exposures
between approximately 90 to 140 dB generally do not appear to induce
strong behavioral responses from pinnipeds in water. However, they
found behavioral effects, including avoidance, become more likely in
the range between 120 to 160 dB, and most marine mammals showed some,
albeit variable, responses to sound between 140 to 180 dB. Wood et al.
(2012) adapted the approach identified in Southall et al. (2007) to
develop a probabilistic scale for marine mammal taxa at which 10
percent, 50 percent, and 90 percent of individuals exposed are assumed
to produce a behavioral response. For many marine mammals, including
pinnipeds, these response rates were set at sound pressure levels of
140, 160, and 180 dB, respectively.
[[Page 4974]]
We have evaluated these thresholds and determined that the Level B
threshold of 120 dB for non-impulsive noise is not applicable to sea
otters. The 120-dB threshold is based on studies in which gray whales
(Eschrichtius robustus) were exposed to experimental playbacks of
industrial noise (Malme et al. 1983; Malme and Miles 1983). During
these playback studies, southern sea otter responses to industrial
noise were also monitored (Riedman 1983, 1984). Gray whales exhibited
avoidance to industrial noise at the 120-dB threshold; however, there
was no evidence of disturbance reactions or avoidance in southern sea
otters. Thus, given the different range of frequencies to which sea
otters and gray whales are sensitive, the NMFS 120-dB threshold based
on gray whale behavior is not appropriate for predicting sea otter
behavioral responses, particularly for low-frequency sound.
Based on the lack of sea otter disturbance response or any other
reaction to the playback studies from the 1980s, as well as the absence
of a clear pattern of disturbance or avoidance behaviors attributable
to underwater sound levels up to about 160 dB resulting from low-
frequency broadband noise, we assume 120 dB is not an appropriate
behavioral response threshold for sea otters exposed to continuous
underwater noise.
Based on the best available scientific information about sea
otters, and closely related marine mammals when sea otter data are
limited, the Service has set 160 dB of received underwater sound as a
threshold for Level B harassment by disturbance for sea otters for this
proposed IHA. Exposure to unmitigated in-water noise levels between 125
Hz and 38 kHz that are greater than 160 dB--for both impulsive and non-
impulsive sound sources--will be considered by the Service as Level B
harassment. Thresholds for Level A harassment (which entails the
potential for injury) will be 232 dB peak or 203 dB SELCUM
for impulsive sounds and 219 dB SELCUM for continuous sounds
(table 1).
Airborne Sounds
The NMFS (2018) guidance neither addresses thresholds for
preventing injury or disturbance from airborne noise, nor provides
thresholds for avoidance of Level B harassment. Southall et al. (2007)
suggested thresholds for PTS and TTS for sea lions exposed to nonpulsed
airborne noise of 172.5 and 159 dB re (20 [mu]Pa)\2\-s SEL. Conveyance
of underwater noise into the air is of little concern since the effects
of pressure release and interference at the water's surface reduce
underwater noise transmission into the air. For activities that create
both in-air and underwater sounds, we will estimate take based on
parameters for underwater noise transmission. Considering sound energy
travels more efficiently through water than through air, this
estimation will also account for exposures to sea otters at the
surface.
Table 1--Temporary Threshold Shift (TTS) and Permanent Threshold Shift (PTS) Thresholds Established by Southall et al. (2019) Through Modeling and
Extrapolation for ``Other Marine Carnivores,'' Which Includes Sea Otters
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TTS PTS
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Non-impulsive Impulsive Non-impulsive Impulsive
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SELCUM SELCUM Peak SPL SELCUM SELCUM Peak SPL
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Air................................................................ 157 146 170 177 161 176
Water.............................................................. 199 188 226 219 203 232
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Note: Values are weighted for other marine carnivores' hearing thresholds and given in cumulative sound exposure level (SELCUM dB re (20 micropascal
([mu]Pa) in air and SELCUM dB re 1 [mu]Pa in water) for impulsive and non-impulsive sounds and unweighted peak sound pressure level (SPL) in air (dB
re 20[mu]Pa) and water (dB 1[mu]Pa) (impulsive sounds only).
Evidence From Sea Otter Studies
Sea otters may be more resistant to the effects of sound
disturbance and human activities than other marine mammals. For
example, observers have noted no changes from southern sea otters in
regard to their presence, density, or behavior in response to
underwater sounds from industrial noise recordings at 110 dB and a
frequency range of 50 Hz to 20 kHz and airguns, even at the closest
distance of 0.5 nautical miles (<1 km or 0.6 mi) (Riedman 1983).
Southern sea otters did not respond noticeably to noise from a single
1,638 cubic centimeters (cm\3\) (100 cubic inches [in\3\]) airgun, and
no sea otter disturbance reactions were evident when a 67,006 cm\3\
(4,089 in\3\) airgun array was as close as 0.9 km (0.6 mi) to sea
otters (Riedman 1983, 1984). However, southern sea otters displayed
slight reactions to airborne engine noise (Riedman 1983).
Northern sea otters were observed to exhibit a limited response to
a variety of airborne and underwater sounds, including a warble tone,
sea otter pup calls, calls from killer whales (Orcinus orca) (which are
predators to sea otters), air horns, and an underwater noise harassment
system designed to drive marine mammals away from crude oil spills
(Davis et al. 1988). These sounds elicited reactions from northern sea
otters, including startle responses and movement away from noise
sources. However, these reactions were observed only when northern sea
otters were within 100 to 200 m (328 to 656 ft) of noise sources.
Further, northern sea otters appeared to become habituated to the
noises within 2 hours or, at most, 3-4 days (Davis et al. 1988).
Noise exposure may be influenced by the amount of time sea otters
spend at the water's surface. Noise at the water's surface can be
attenuated by turbulence from wind and waves more quickly compared to
deeper water, reducing potential noise exposure (Greene and Richardson
1988, Richardson et al. 1995). Additionally, turbulence at the water's
surface limits the transference of sound from water to air. A sea otter
with its head above water will be exposed to only a small fraction of
the sound energy traveling through the water beneath it. The average
amount of time that sea otters spend above the water each day while
resting and grooming varies between males and females and across
seasons (Esslinger et al. 2014, Zellmer et al. 2021). For example,
female sea otters foraged for an average of 8.78 hours per day compared
to male sea otters, which foraged for an average of 7.85 hours per day
during the summer months (Esslinger et al. 2014). Male and female sea
otters spend an average of 63 to 67 percent of their day at the surface
resting and grooming during the summer months (Esslinger et al. 2014).
Few studies have evaluated
[[Page 4975]]
foraging times during the winter months. Garshelis et al. (1986) found
that foraging times increased from 5.1 hours per day to 16.6 hours per
day in the winter; however, Gelatt et al. (2002) did not find a
significant difference in seasonal foraging times. It is likely that
seasonal variation is determined by seasonal differences in energetic
demand and the quality and availability of prey sources (Esslinger et
al. 2014). These findings suggest that the large portion of the day sea
otters spend at the surface may help limit sea otters' exposure during
noise-generating operations.
Sea otter sensitivity to industrial activities may be influenced by
the overall level of human activity within the sea otter population's
range. In locations that lack frequent human activity, sea otters
appear to have a lower threshold for disturbance. Sea otters in Alaska
exhibited escape behaviors in response to the presence and approach of
vessels (Udevitz et al. 1995). Behaviors included diving or actively
swimming away from a vessel, entering the water from haulouts, and
disbanding groups with sea otters swimming in multiple different
directions (Udevitz et al. 1995). Sea otters in Alaska were also
observed to avoid areas with heavy boat traffic in the summer and
return to these areas during seasons with less vessel traffic
(Garshelis and Garshelis 1984). In Cook Inlet, sea otters drifting on a
tide trajectory that would have taken them within 500 m (0.3 mi) of an
active offshore drilling rig were observed to swim in order to avoid a
close approach of the drilling rig despite near-ambient noise levels
(BlueCrest 2013).
Individual sea otters in Near Island Channel will likely show a
range of responses to noise from pile-driving activities. Some sea
otters will likely dive, show startle responses, change direction of
travel, or prematurely surface. Sea otters reacting to pile-driving
activities may divert time and attention from biologically important
behaviors, such as feeding and nursing pups. Sea otter responses to
disturbance can result in energetic costs, which increases the amount
of prey required by sea otters (Barrett 2019). This increased prey
consumption may impact sea otter prey availability and cause sea otters
to spend more time foraging and less time resting (Barrett 2019). Some
sea otters may abandon the project area and return when the disturbance
has ceased. Based on the observed movement patterns of sea otters
(i.e., Lensink 1962; Kenyon 1969, 1981; Garshelis and Garshelis 1984;
Riedman and Estes 1990; Tinker and Estes 1996), we expect some
individuals will respond to pile-driving activities by dispersing to
nearby areas of suitable habitat; however, other sea otters, especially
territorial adult males, are less likely to be displaced.
Consequences of Disturbance
The reactions of wildlife to disturbance can range from short-term
behavioral changes to long-term impacts that affect survival and
reproduction. When disturbed by noise, animals may respond behaviorally
(e.g., escape response) or physiologically (e.g., increased heart rate,
hormonal response) (Harms et al. 1997, Tempel and Guti[eacute]rrez
2003). Theoretically, the energy expense and associated physiological
effects from repeated disturbance could ultimately lead to reduced
survival and reproduction (Gill and Sutherland 2000, Frid and Dill
2002). For example, South American sea lions (Otaria byronia) visited
by tourists exhibited an increase in the state of alertness and a
decrease in maternal attendance and resting time on land, thereby
potentially reducing population size (Pavez et al. 2015). In another
example, killer whales that lost feeding opportunities due to boat
traffic faced a substantial (18 percent) estimated decrease in energy
intake (Williams et al. 2006). In severe cases, such disturbance
effects could have population-level consequences. For example,
increased disturbance by tourism vessels has been associated with a
decline in abundance of bottlenose dolphins (Tursiops spp.) (Bejder et
al. 2006, Lusseau et al. 2006). However, these examples evaluated
sources of disturbance that were longer term and more consistent than
the temporary and intermittent nature of the specified project
activities.
These examples illustrate direct effects on survival and
reproductive success, but disturbances can also have indirect effects.
Response to noise disturbance is considered a nonlethal stimulus that
is similar to an antipredator response (Frid and Dill 2002). Sea otters
are susceptible to predation, particularly from killer whales and
eagles, and have a well-developed antipredator response to perceived
threats. For example, the presence of a harbor seal (Phoca vitulina)
did not appear to disturb southern sea otters, but they demonstrated a
fear response in the presence of a California sea lion by actively
looking above and beneath the water (Limbaugh 1961).
Although an increase in vigilance or a flight response is
nonlethal, a tradeoff occurs between risk avoidance and energy
conservation. An animal's reactions to noise disturbance may cause
stress and direct an animal's energy away from fitness-enhancing
activities such as feeding and mating (Frid and Dill 2002, Goudie and
Jones 2004). For example, southern sea otters in areas with heavy
recreational boat traffic demonstrated changes in behavioral time
budgeting, showing decreased time resting and changes in haulout
patterns and distribution (Benham 2006, Maldini et al. 2012). Chronic
stress can also lead to weakened reflexes, lowered learning responses
(Welch and Welch 1970, van Polanen Petel et al. 2006), compromised
immune function, decreased body weight, and abnormal thyroid function
(Selye 1979).
Changes in behavior resulting from anthropogenic disturbance can
include increased agonistic interactions between individuals or
temporary or permanent abandonment of an area (Barton et al. 1998).
Additionally, the extent of previous exposure to humans (Holcomb et al.
2009), the type of disturbance (Andersen et al. 2012), and the age or
sex of the individuals (Shaughnessy et al. 2008, Holcomb et al. 2009)
may influence the type and extent of response in individual sea otters.
Vessel Activities
Vessel collisions with marine mammals can result in death or
serious injury. Wounds resulting from vessel strike may include massive
trauma, hemorrhaging, broken bones, or propeller lacerations (Knowlton
and Kraus 2001). An animal may be harmed by a vessel when the vessel
runs over the animal at the surface, the animal hits the bottom of a
vessel while the animal is surfacing, or the animal is cut by a
vessel's propeller.
Vessel strike has been documented as a cause of death across all
three stocks of northern sea otters in Alaska. Since 2002, the Service
has conducted 1,433 sea otter necropsies to determine cause of death,
disease incidence, and the general health status of sea otters in
Alaska. Vessel strike or blunt trauma was identified as a definitive or
presumptive cause of death in 65 cases (4 percent) (USFWS 2020). In
most of these cases, trauma was determined to be the ultimate cause of
death; however, there was a contributing factor, such as disease or
biotoxin exposure, which incapacitated the sea otter and made it more
vulnerable to vessel strike (USFWS 2023).
Vessel speed influences the likelihood of vessel strikes involving
sea otters. The probability of death or serious injury to a marine
mammal increases as
[[Page 4976]]
vessel speed increases (Laist et al. 2001, Vanderlaan and Taggart
2007). Sea otters spend a considerable portion of their time at the
water's surface (Esslinger et al. 2014). They are typically visually
aware of approaching vessels and can move away if a vessel is not
traveling too quickly. Mitigation measures to be applied to vessel
operations to prevent collisions or interactions are included below in
the proposed authorization portion of this document under Avoidance and
Minimization.
Sea otters exhibit behavioral flexibility in response to vessels,
and their responses may be influenced by the intensity and duration of
the vessel's activity. As noted above, sea otter populations in Alaska
were observed to avoid areas with heavy vessel traffic but return to
those same areas during seasons with less vessel traffic (Garshelis and
Garshelis 1984). Sea otters have also shown signs of disturbance or
escape behaviors in response to the presence and approach of survey
vessels, including sea otters diving and/or actively swimming away from
a vessel, sea otters on haulouts entering the water, and groups of sea
otters disbanding and swimming in multiple different directions
(Udevitz et al. 1995).
Additionally, sea otter responses to vessels may be influenced by
the sea otter's previous experience with vessels. Groups of southern
sea otters in two locations in California showed markedly different
responses to kayakers approaching to within specific distances,
suggesting a different level of tolerance between the groups (Gunvalson
2011). Benham (2006) found evidence that the sea otters exposed to high
levels of recreational activity may have become more tolerant than
individuals in less-disturbed areas. Sea otters off the California
coast showed only mild interest in vessels passing within hundreds of
meters and appeared to have habituated to vessel traffic (Riedman 1983,
Curland 1997). These findings indicate that sea otters may adjust their
responses to vessel activities depending on the level of activity.
Vessel activity during the project includes the transit of four barges
for materials and construction, all of which will remain onsite, mostly
stationary, to support the work; additionally, four skiffs will be used
during the project for transporting workers short distances to the
crane barges. Vessels will not be used extensively or over a long
duration during the planned work; therefore, we do not anticipate that
sea otters will experience changes in behavior indicative of tolerance
or habituation.
Effects on Sea Otter Habitat and Prey
Physical and biological features of habitat essential to the
conservation of sea otters include the benthic invertebrates that sea
otters eat and the shallow rocky areas and kelp beds that provide cover
from predators. Sea otter habitat in the project area includes coastal
areas within the 40-m (131-ft) depth contour where high densities of
sea otters have been detected.
Industrial activities, such as pile driving, may generate in-water
noise at levels that can temporarily displace sea otters from important
habitat and impact sea otter prey species. The primary prey species for
sea otters are sea urchins (Strongylocentrotus spp. and Mesocentrotus
spp.), abalone (Haliotis spp.), clams (e.g., Clinocardium nuttallii,
Leukoma staminea, and Saxidomus gigantea), mussels (Mytilus spp.),
crabs (e.g., Metacarcinus magister, Pugettia spp., Telemessus
cheiragonus, and Cancer spp.), and squid (Loligo spp.) (Tinker and
Estes 1996, LaRoche et al. 2021). When preferential prey are scarce,
sea otters will also eat kelp, slow-moving benthic fishes, sea
cucumbers (e.g., Apostichopus californicus), egg cases of rays, turban
snails (Tegula spp.), octopuses (e.g., Octopus spp.), barnacles
(Balanus spp.), sea stars (e.g., Pycnopodia helianthoides), scallops
(e.g., Patinopecten caurinus), rock oysters (Saccostrea spp.), worms
(e.g., Eudistylia spp.), and chitons (e.g., Mopalia spp.) (Riedman and
Estes 1990, Davis and Bodkin 2021).
Several studies have addressed the effects of noise on
invertebrates (Tidau and Briffa 2016, Carroll et al. 2017). Behavioral
changes, such as an increase in lobster (Homarus americanus) feeding
levels (Payne et al. 2007), an increase in avoidance behavior by wild-
caught captive reef squid (Sepioteuthis australis) (Fewtrell and
McCauley 2012), and deeper digging by razor clams (Sinonovacula
constricta) (Peng et al. 2016) have been observed following
experimental exposures to sound. Physical changes have also been
observed in response to increased sound levels, including changes in
serum biochemistry and hepatopancreatic cells in lobsters (Payne et al.
2007) and long-term damage to the statocysts required for hearing in
several cephalopod species (Andr[eacute] et al. 2011, Sol[eacute] et
al. 2013). De Soto et al. (2013) found impaired embryonic development
in scallop (Pecten novaezelandiae) larvae when exposed to 160 dB.
Christian et al. (2003) noted a reduction in the speed of egg
development of bottom-dwelling crabs following exposure to noise;
however, the sound level (221 dB at 2 m or 6.6 ft) was far higher than
the planned project activities will produce. Industrial noise can also
impact larval settlement by masking the natural acoustic settlement
cues for crustaceans and fish (Pine et al. 2012, Simpson et al. 2016,
Tidau and Briffa 2016).
While these studies provide evidence of deleterious effects to
invertebrates as a result of increased sound levels, Carroll et al.
(2017) caution that there is a wide disparity between results obtained
in field and laboratory settings. In experimental settings, changes
were observed only when animals were housed in enclosed tanks, and many
were exposed to prolonged bouts of continuous, pure tones. We would not
expect similar results in open marine conditions. It is unlikely that
noises generated by project activities will have any lasting effect on
sea otter prey given the short-term duration of sounds produced by each
component of the planned work.
Noise-generating activities that interact with the seabed can
produce vibrations, resulting in the disturbance of sediment and
increased turbidity in the water. Although turbidity is likely to have
little impact on sea otters and prey species (Todd et al. 2015), there
may be some impacts from vibrations and increased sedimentation. For
example, mussels (Mytilus edulis) exhibited changes in valve gape and
oxygen demand, and hermit crabs (Pagurus bernhardus) exhibited limited
behavioral changes in response to vibrations caused by pile driving
(Roberts et al. 2016). Increased sedimentation is likely to reduce sea
otter visibility, which may result in reduced foraging efficiency and a
potential shift to less-preferred prey species. These outcomes may
cause sea otters to spend more energy on foraging or processing the
prey items; however, the impacts of a change in energy expenditure are
not likely seen at the population level (Newsome et al. 2015).
Additionally, the benthic invertebrates may be impacted by increased
sedimentation, resulting in higher abundances of opportunistic species
that recover quickly from industrial activities that increase
sedimentation (Kotta et al. 2009). Although sea otter foraging could be
impacted by industrial activities that cause vibrations and increased
sedimentation, it is more likely that sea otters would be temporarily
displaced from the project area due to impacts from noise rather than
vibrations and sedimentation.
[[Page 4977]]
Potential Impacts of the Specified Activities on Subsistence Uses
The planned specified activities will occur near marine subsistence
harvest areas used by Alaska Native Peoples from Kodiak and the
surrounding areas. Subsistence harvest of sea otters around Kodiak
Island takes place primarily in Ouzinkie, Kodiak, and Port Lions with
totals of 422, 192, and 130 sea otters taken, respectively, from 2017
through 2021.
The planned project would occur within the Kodiak city limits,
where firearm use is prohibited. The area potentially affected by the
planned project does not significantly overlap with current subsistence
harvest areas. Construction activities will not preclude access to
hunting areas or interfere in any way with individuals wishing to hunt.
Despite no conflict with subsistence use being anticipated, the Service
will conduct outreach with potentially affected communities to see
whether there are any questions, concerns, or potential conflicts
regarding subsistence use in those areas. If any conflicts are
identified in the future, Trident will develop a plan of cooperation
specifying the steps necessary to minimize any effects the project may
have on subsistence harvest.
Estimated Take
Definitions of Incidental Take Under the Marine Mammal Protection Act
Below we provide definitions of three potential types of take of
sea otters. The Service does not anticipate and is not authorizing
lethal take as a part of this proposed IHA; however, the definitions of
these take types are provided for context and background:
Lethal Take--Human activity may result in biologically significant
impacts to sea otters. In the most serious interactions, human actions
can result in mortality of sea otters.
Level A Harassment--Human activity may result in the injury of sea
otters. Level A harassment, for nonmilitary readiness activities, is
defined as any act of pursuit, torment, or annoyance that has the
potential to injure a marine mammal or marine mammal stock in the wild.
Level B Harassment--Level B Harassment, for nonmilitary readiness
activities, means any act of pursuit, torment, or annoyance that 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, feeding, or sheltering.
Changes in behavior that disrupt biologically significant behaviors or
activities for the affected animal are indicative of take by Level B
harassment under the MMPA.
The Service has identified the following sea otter behaviors as
indicative of possible Level B harassment:
Swimming away at a fast pace on belly (i.e., porpoising);
Repeatedly raising the head vertically above the water to
get a better view (i.e., spyhopping) while apparently agitated or while
swimming away;
In the case of a pup, repeatedly spyhopping while hiding
behind and holding onto its mother's head;
Abandoning prey or feeding area;
Ceasing to nurse and/or rest (applies to dependent pups);
Ceasing to rest (applies to independent animals);
Ceasing to use movement corridors;
Ceasing mating behaviors;
Shifting/jostling/agitation in a raft so that the raft
disperses;
Sudden diving of an entire raft; or
Flushing animals off a haulout.
This list is not meant to encompass all possible behaviors; other
behavioral responses may equate to take by Level B harassment.
Relatively minor changes in behavior such as increased vigilance or a
short-term change in direction of travel are not likely to disrupt
biologically important behavioral patterns, and the Service does not
view such minor changes in behavior as indicative of a take by Level B
harassment.
Calculating Take
We assumed all animals exposed to underwater sound levels that meet
the acoustic exposure criteria defined above in Exposure Thresholds
will experience take by Level A or Level B harassment due to exposure
to underwater noise. Spatially explicit zones of ensonification were
established around the planned construction location to estimate the
number of otters that may be exposed to these sound levels.
We determined the number of otters expected to be present in Near
Island Channel using sightings data collected during work conducted at
the Kodiak Ferry terminal between November 2015 and June 2016 (ABR
2016). Sea otters were generally observed in singles or small groups
with total daily counts of fewer than ~40 animals. However, there were
several days on which rafts of 50 to 200 sea otters were observed with
total daily counts of up to 459 animals. Sightings of large rafts and
high daily totals coincided with days on which the observers noted
higher sea states and it is likely that sea otters came from nearby
exposed coastline to seek shelter Near Island Channel during storm
events.
The project can be divided into three major components: DTH
drilling, pile driving using a vibratory driver, and vessel use to
support construction. Each of these components will generate a
different type of in-water noise. Vibratory pile driving and the use of
vessels will produce non-impulsive or continuous noise and DTH drilling
is considered to produce both impulsive and continuous noise (NMFS
2020). A summary of the sizes and types of piles, installation and
removal methods, and time to install and remove piles is shown in table
2.
The level of sound anticipated from each project component was
established using recorded data from several sources listed in table 3.
We used the NMFS Technical Guidance and User Spreadsheet (NMFS 2018,
2020) to determine the distance at which sound levels would attenuate
to Level A harassment thresholds. Empirical data from the proxy
projects were used to determine the distance at which sound levels
would attenuate to Level B harassment thresholds (table 1). The
weighting factor adjustment included in the NMFS user spreadsheet
accounts for sounds created in portions of an organism's hearing range
where they have less sensitivity. We used the weighting factor
adjustment for otariid pinnipeds (eared seals) as they are the closest
available physiological and anatomical proxy for sea otters. The
spreadsheet also incorporates a transmission loss coefficient, which
accounts for the reduction in sound level outward from a sound source.
We used the NMFS-recommended transmission loss coefficient of 15 for
coastal pile-driving activities to indicate practical spread (NMFS
2020).
We calculated the harassment zones for DTH drilling with input from
NMFS. The sound pressure levels produced by DTH drilling were provided
by NMFS in 2022 via correspondence with Solstice Alaska Consulting, who
created the application for this IHA on behalf of Trident. We then used
the NMFS Technical Guidance and User Spreadsheet (NMFS 2018, 2020) to
determine the distance at which these sounds would attenuate to Level A
harassment thresholds. To estimate the distances at which sounds would
attenuate to Level B harassment thresholds, we used the NMFS-
recommended transmission loss coefficient of 15 for coastal pile-
driving activities in a practical spreading loss model (NMFS 2020) to
determine the
[[Page 4978]]
distance at which sound levels attenuate to 160 dB re 1 [mu]Pa.
Table 2--Summary of Timing of Sound Production, and Days of Impact From Pile Installation and Removal at Trident's Site at Near Island Channel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Removal of existing piles Temporary piles, 24-in Permanent installation
Activity and pile diameter -----------------------------------------------------------------------------------------------------------------------
16-in 14-in 14-in Installation Removal 16-in 24-in
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pile material................... Steel........... Steel.......... Timber......... Steel.......... Steel.......... Steel.......... Steel.
Pile type....................... Pipe............ H-pile......... Round.......... Pipe........... Pipe........... Pipe........... Pipe.
Total number of piles........... 60.............. 75............. 100............ 20............. 20............. 26............. 52.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory pile driving
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of piles................. 60.............. 75............. 100............ 20............. 20............. 26............. 52.
Maximum number of piles per day. 20.............. 20............. 25............. 6.............. 8.............. 5.............. 4.
Vibratory time per pile 2............... 2.............. 2.............. 2.............. 2.............. 2.............. 2.
(minutes).
Vibratory time per day (minutes) 40.............. 40............. 50............. 12............. 16............. 10............. 8.
Number of days.................. 3............... 4.............. 4.............. 3.............. 3.............. 5.............. 13.
Total vibratory time (minutes).. 120............. 150............ 200............ 40............. 40............. 52............. 104.
--------------------------------------------------------------------------------------------------------------------------------------------------------
DTH drilling
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of piles................. 0............... 0.............. 0.............. 20............. 0.............. 26............. 52.
Maximum number of piles per day. 0............... 0.............. 0.............. 6.............. 0.............. 6.............. 4.
DTH time per pile (minutes)..... 0............... 0.............. 0.............. 30............. 0.............. 45............. 60.
DTH time per day (minutes)...... 0............... 0.............. 0.............. 180............ 0.............. 270............ 240.
Number of days.................. 0............... 0.............. 0.............. 3.............. 0.............. 4.............. 13.
Total DTH time (minutes)........ 0............... 0.............. 0.............. 600............ 0.............. 1,170.......... 3,120.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Summary of Sound Level, Timing of Sound Production, Distance (m) From Sound Source to Below Level A
Harassment and Level B Harassment Thresholds for Sound-Producing Activities at Trident's Kodiak Bunkhouse Site
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Source Sound level (dB (RMS) Reference........... Distance to Distance to
re 1[mu]Pa at 10 m) below Level A below Level B
harassment harassment
threshold threshold
----------------------------------------------------------------------------------------------------------------
14-in timber (vibratory removal).. 162 Caltrans 2020....... 0.3 13.6
14-in H (vibratory removal)....... 150 Caltrans 2020....... 0.2 2.2
16-in steel (vibratory 161 NAVFAC \a\ 2015 0.1 11.7
installation). (used 24-in piles).
16-in steel (vibratory removal)... 161 NAVFAC 2015 (used 24- 0.2 11.7
in piles).
24-in steel (vibratory 161 NAVFAC 2015......... 0.1 11.7
installation--temporary piles).
24-in steel (vibratory 161 NAVFAC 2015......... 0.1 11.7
installation--permanent piles).
24-in steel (vibratory removal)... 161 NAVFAC 2015......... 0.1 11.7
Work skiff........................ 160 Richardson et al. 0.0 10.0
1995; Kipple and
Gabriele 2007.
Tug operations.................... 176 LGL/JASCO/ 9.2 116.6
Greeneridge 2014.
----------------------------------------------------------------------------------------------------------------
DTH Drilling
----------------------------------------------------------------------------------------------------------------
Source db rms db SEL Reference........... Distance to Distance to
(bubble (bubble below Level A below Level B
curtain) curtain) harassment harassment
threshold threshold
----------------------------------------------------------------------------------------------------------------
16-in steel installation.......... 162 (167) 141 (146) Heyvaert & Reyff 1.8 13.6
2021 (used 24-in
piles); Guan &
Miner 2020.
24-in steel DTH installation-- 162 (167) 154 (159) Heyvaert & Reyff 10.3 13.6
temporary. 2021.
24-in steel DTH installation-- 162 (167) 154 (159) Heyvaert & Reyff 12.5 13.6
permanent. 2021.
----------------------------------------------------------------------------------------------------------------
\a\ Naval Facilities Engineering Command.
Sound levels for all sources are unweighted and given in dB re 1
[mu]Pa. Non-impulsive sounds are in the form of mean maximum root mean
square (RMS) sound pressure level (SPL) as it is more conservative than
cumulative sound exposure level (SEL) or peak SPL for these activities.
We used the ABR Environmental Research & Services 2016 data to
derive a local density of sea otters in Near Island Channel on the days
of highest presence and arrived at 710 animals per km\2\. Applying this
density to the largest Level B harassment zone for pile driving (14 m
[46 ft]) yielded a result of approximately 1 individual otter exposed.
Applying this density to the Level B harassment zone for heavy towing
operations (117m [383 ft]) yielded a result of approximately 31
individual otters exposed. Although the harassment zone for the work
skiff is sufficiently small to be easily monitored (10 m [33 ft]), the
skiff will make multiple trips between the harbor and the work site
each day. On days when several hundred sea otters occupy the relatively
small area of Near Channel, it would not be feasible for a protected
species observer (PSO) to determine whether the individual animals
present in the harassment zones remain constant over time. As such, we
assumed that it was possible that each individual sea otter in Near
Channel would enter a Level B harassment zone at least once over the
course of each day of operations.
To estimate the number of sea otters anticipated in the waters
surrounding Near Island Channel during the project,
[[Page 4979]]
we applied the distribution of daily sea otter counts observed during
the Kodiak Ferry work (ABR 2016) to the length of Trident's work period
(55 days). We used the result to estimate the daily sea otter counts
anticipated during Trident's work period (table 4). The daily count
range categories were selected based on natural breaks in the sightings
data.
Table 4--Distribution of Days Anticipated Within Trident's 55-Day Work
Period for Each Category of Daily Sea Otter Counts and Anticipated Total
Number of Exposures of Sea Otters in Near Island Channel Over the
Duration of the Project. Based on Sightings Data From Observations
Conducted at Kodiak Ferry Terminal
[ABR 2016]
------------------------------------------------------------------------
Exposures of sea
Number of days otters
Range of daily sea otter count in 55-day period throughout
project
------------------------------------------------------------------------
1 to 10............................. 19 190
11 to 20............................ 9 180
21 to 30............................ 4 120
31 to 40............................ 5 200
41 to 50............................ 3 150
51 to 60............................ 1 60
61 to 75............................ 2 150
76 to 85............................ 4 340
85 to 100........................... 2 200
101 to 135.......................... 2 270
136 to 155.......................... 1 155
156 to 225.......................... 1 225
226 to 460.......................... 2 920
-----------------------------------
Totals.......................... 55 3,160
------------------------------------------------------------------------
We assumed that the different types of activities could occur
either sequentially or concurrently and that the total number of days
of work would equal the full 55-day work window. While it is possible
that more than one type of activity will take place on some days, which
would reduce the number of days of exposure within a year, we cannot
know this information in advance. As such, the estimated number of days
and, therefore, exposures over the duration of the project are the
maximum possible for the planned work.
In order to minimize exposure of sea otters to sounds above Level A
harassment thresholds, Trident will implement shutdown zones (appendix
C in Solstice 2023) ranging from 10 to 15 m (33 to 49 ft), based on the
pile size and type of pile driving or marine construction activity,
where operations will cease should a sea otter enter or approach the
specified zone. Because the shutdown radii are larger than the sound
isopleths for Level A harassment, no Level A harassment is anticipated.
Soft-start and zone clearance prior to startup will also limit the
exposure of sea otters to sound levels that could cause PTS.
Critical Assumptions
We estimate that 3,160 takes of 460 sea otters by Level B
harassment may occur due to Trident's planned dock repair and
construction activities. In order to conduct this analysis and estimate
the potential amount of take by harassment, several critical
assumptions were made.
Level B harassment is equated herein with behavioral responses that
indicate harassment or disturbance. There is likely a portion of
animals that respond in ways that indicate some level of disturbance
but do not experience significant biological consequences.
We used the sea otter presence for the Near Island Channel area
from surveys and analyses conducted by ABR, Inc. (2016). Methods and
assumptions for these surveys can be found in the original publication.
We assumed that the distribution of daily total counts of sea otters
during Trident's work period would be similar to that observed during
the Kodiak Ferry Terminal work.
We used sound source verification from recent pile-driving
activities in a number of locations within and beyond Alaska to
generate sound level estimates for construction activities.
Environmental conditions in these locations, including water depth,
substrate, and ambient sound levels are similar to those in the project
location, but not identical. Further, estimation of ensonification
zones were based on sound attenuation models using a practical
spreading loss model. These factors may lead to actual sound values
differing slightly from those estimated here.
We assumed that all piles will be installed and removed while
submerged in water. Some piles will be located in the intertidal zone.
Work performed at lower tidal heights would likely result in decreased
transmission of sounds to the water column. However, as the timing of
pile installation and removal was not known in advance, we accounted
for the possibility that all work may occur at a tidal height that
allows for full sound transmission.
Finally, the pile-driving activities described here will also
create in-air noise. Because sea otters spend over half of their day
with their heads above water (Esslinger et al. 2014), they will be
exposed to an increase of in-air noise from construction equipment.
However, we have calculated Level B harassment with the assumption that
an individual may be harassed only one time per 24-hour period, and
underwater sound levels will be more disturbing and extend farther than
in-air noise. Thus, while sea otters may be disturbed by noise both in-
air and underwater, we have relied on the more conservative underwater
estimates.
Sum of Harassment From All Sources
The applicant plans to conduct pile driving and marine construction
activities in Kodiak, Alaska, over the course of a year from the date
of issuance of the IHA. Over the course of the project, we estimate
3,160 instances of take by Level B harassment of 460
[[Page 4980]]
northern sea otters from the Southcentral Alaska stock due to
behavioral responses of TTS associated with noise exposure. Although
multiple instances of Level B harassment of individual sea otters are
expected, these events would not have significant consequences for the
health, reproduction, or survival of affected animals and therefore
would not rise to the level of an injury or Level A harassment.
The use of soft-start procedures, zone clearance prior to startup,
and shutdown zones (appendix C in Solstice 2023) is anticipated to
eliminate both the number of sea otters exposed to sounds above Level A
harassment thresholds and the exposure time of any sea otters venturing
into a Level A harassment zone. We therefore do not anticipate any
losses of hearing sensitivity that might impact the health,
reproduction, or survival of affected animals. We anticipate that PSOs
will be able to reliably detect and prevent take by Level A harassment
of sea otters beyond the largest sound isopleth for Level A harassment
(15 m [45 ft]), therefore we do not anticipate that any sea otters will
be exposed to sounds capable of causing PTS or Level A harassment.
Determinations and Findings
Sea otters exposed to sound from the specified activities are
likely to respond with temporary behavioral modification or
displacement. The specified activities could temporarily interrupt the
feeding, resting, and movement of sea otters. Because activities will
occur during a limited amount of time and in a localized region, the
impacts associated with the project are likewise temporary and
localized. The anticipated effects are short-term behavioral reactions
and displacement of sea otters near active operations.
Sea otters that encounter the specified activity may exert more
energy than otherwise due to temporary cessation of feeding, increased
vigilance, and retreating from the project area. We expect that
affected sea otters will tolerate this exertion without measurable
effects on health or reproduction. The anticipated takes will be due to
short-term Level B harassment in the form of TTS, startling reactions,
or temporary displacement. The mitigation measures incorporated into
Trident's request will eliminate occurrences of Level A harassment to
the extent where take by Level A harassment is not anticipated.
With the adoption of the mitigation measures incorporated in
Trident's request and required by this proposed IHA, anticipated take
was reduced. Those mitigation measures are further described below.
Small Numbers
To assess whether the authorized incidental taking would be limited
to ``small numbers'' of marine mammals, the Service uses a proportional
approach that considers whether the estimated number of marine mammals
to be subjected to incidental take is small relative to the population
size of the species or stock. Here, predicted levels of take were
determined based on the estimated density of sea otters in the project
area and ensonification zones developed using empirical evidence from
similar geographic areas.
We estimate Trident's specified activities in the specified
geographic region will result in no more than 3,160 takes of 460 sea
otters by Level B harassment during the 1-year period of this proposed
IHA (see Sum of Harassment from All Sources). Take of 460 animals is
0.9 percent of the best available estimate of the current Southwest
Alaska stock size of 51,935 animals (USFWS 2023) ((460 / 51,935) x 100
[ap] 0.9) and represents a ``small number'' of sea otters of that
stock.
Negligible Impact
We propose a finding that any incidental take by harassment
resulting from the specified activities cannot be reasonably expected
to, and is not reasonably likely to, adversely affect the sea otter
through effects on annual rates of recruitment or survival and will,
therefore, have no more than a negligible impact on the Southwest
Alaska stock of northern sea otters. In making this finding, we
considered the best available scientific information, including the
biological and behavioral characteristics of the species, the most
recent information on species distribution and abundance within the
area of the specified activities, the current and expected future
status of the stock (including existing and foreseeable human and
natural stressors), the potential sources of disturbance caused by the
project, and the potential responses of marine mammals to this
disturbance. In addition, we reviewed applicant-provided materials,
information in our files and datasets, published reference materials,
and species experts.
Sea otters are likely to respond to planned activities with
temporary behavioral modification or temporary displacement. These
reactions are not anticipated to have consequences for the long-term
health, reproduction, or survival of affected animals. Most animals
will respond to disturbance by moving away from the source, which may
cause temporary interruption of foraging, resting, or other natural
behaviors. Affected animals are expected to resume normal behaviors
soon after exposure with no lasting consequences. Each sea otter is
estimated to be exposed to construction noise for between 4 and 55
days, resulting in repeated exposures. However, injuries (i.e., Level A
harassment or PTS) due to chronic sound exposure is estimated to occur
at a longer time scale (Southall et al. 2019). The area that will
experience noise greater than Level B thresholds due to pile driving is
small (less than 0.01 km\2\), and an animal that may be disturbed could
escape the noise by moving to nearby quiet areas. Further, sea otters
spend over half of their time above the surface during the summer
months (Esslinger et al. 2014), and likely no more than 70 percent of
their time foraging during winter months (Gelatt et al. 2002). Thus,
their ears will not be exposed to continuous noise, and the amount of
time it may take for permanent injury is considerably longer than that
of mammals primarily under water. Some animals may exhibit some of the
stronger responses typical of Level B harassment, such as fleeing,
interruption of feeding, or flushing from a haulout. These responses
could have temporary biological impacts for affected individuals but
are not anticipated to result in measurable changes in survival or
reproduction.
The total number of animals affected, and severity of impact is not
sufficient to change the current population dynamics at the stock
scale. Although the specified activities may result in approximately
3,160 incidental takes of 460 sea otters from the Southwest Alaska
stock, we do not expect this level of harassment to affect annual rates
of recruitment or survival or result in adverse effects on the stock.
Our proposed finding of negligible impact applies to incidental
take associated with the specified activities as mitigated by the
avoidance and minimization measures identified in Trident's mitigation
and monitoring plan. These mitigation measures are designed to minimize
interactions with and impacts to sea otters. These measures, along with
the monitoring and reporting procedures, are required for the validity
of our finding and are a necessary component of the proposed IHA. For
these reasons, we propose a finding that the specified project will
have a negligible impact on the Southwest Alaska stock of northern sea
otters.
[[Page 4981]]
Least Practicable Adverse Impacts
We find that the mitigation measures required by this proposed IHA
will affect the least practicable adverse impacts on the stock from any
incidental take likely to occur in association with the specified
activities. In making this finding, we considered the biological
characteristics of sea otters, the nature of the specified activities,
the potential effects of the activities on sea otters, the documented
impacts of similar activities on sea otters, and alternative mitigation
measures.
In evaluating what mitigation measures are appropriate to ensure
the least practicable adverse impact on species or stocks and their
habitat, as well as subsistence uses, we considered the manner and
degree to which the successful implementation of the measures are
expected to achieve this goal. We considered the nature of the
potential adverse impact being mitigated (likelihood, scope, range),
the likelihood that the measures will be effective if implemented, and
the likelihood of effective implementation. We also considered the
practicability of the measures for applicant implementation (e.g.,
cost, impact on operations). We assessed whether any additional,
practicable requirements could be implemented to further reduce
effects, but did not identify any.
To reduce the potential for disturbance from acoustic stimuli
associated with the activities, Trident will implement mitigation
measures, including the following:
Using the smallest diameter piles practicable while
minimizing the overall number of piles;
Using a project design that does not include dredging or
blasting;
Using pile caps made of high-density polyethylene or
ultra-high-molecular-weight polyethylene softening materials during
pile driving;
Foregoing the use of an impact hammer;
Employing a deep bubble curtain during all DTH drilling to
reduce noise impacts;
Development of a marine mammal monitoring and mitigation
plan;
Establishment of shutdown and monitoring zones;
Visual mitigation monitoring by designated PSOs;
Site clearance before startup;
Soft-start procedures; and
Shutdown procedures.
The Service has not identified any additional (i.e., not already
incorporated into Trident's request) mitigation or monitoring measures
that are practicable and would further reduce potential impacts to sea
otters and their habitat.
Impact on Subsistence Use
The project will not preclude access to harvest areas or interfere
with the availability of sea otters for harvest. Additionally, the
bunkhouse dock and associated facilities are located within the City of
Kodiak, where firearm use is prohibited. We therefore propose a finding
that Trident's anticipated harassment will not have an unmitigable
adverse impact on the availability of any stock of northern sea otters
for taking for subsistence uses. In making this finding, we considered
the timing and location of the planned activities and the timing and
location of subsistence harvest activities in the project area.
Monitoring and Reporting
The purposes of the monitoring requirements are to document and
provide data for assessing the effects of specified activities on sea
otters; to ensure that take is consistent with that anticipated in the
small numbers, negligible impact, and subsistence use analyses; and to
detect any unanticipated effects on the species. Monitoring plans
include steps to document when and how sea otters are encountered and
their numbers and behaviors during these encounters. This information
allows the Service to measure encounter rates and trends and to
estimate numbers of animals potentially affected. To the extent
possible, monitors will record group size, age, sex, reaction, duration
of interaction, and closest approach to the project activity.
As proposed, monitoring activities will be summarized and reported
in formal reports. Trident must submit monthly reports for all months
during which noise-generating work takes place as well as a final
monitoring report that must be submitted no later than 90 days after
the expiration of the IHA. We will require an approved plan for
monitoring and reporting the effects of pile driving and marine
construction activities on sea otters prior to issuance of an IHA. We
will require approval of the monitoring results for continued operation
under the IHA.
We find that these proposed monitoring and reporting requirements
to evaluate the potential impacts of planned activities will ensure
that the effects of the activities remain consistent with the rest of
the findings.
Required Determinations
National Environmental Policy Act (NEPA)
We have prepared a draft environmental assessment in accordance
with the NEPA (42 U.S.C. 4321 et seq.). We have preliminarily concluded
that authorizing the nonlethal, incidental, unintentional take by Level
B harassment of up to 3,160 takes of 460 sea otters from the Southwest
Alaska stock in the specified geographic region during the specified
activities during the authorization period would not significantly
affect the quality of the human environment and, thus, preparation of
an environmental impact statement for this proposed IHA is not required
by section 102(2) of NEPA or its implementing regulations. We are
accepting comments on the draft environmental assessment as specified
above in DATES and ADDRESSES.
Endangered Species Act
Under the ESA (16 U.S.C. 1536(a)(2)), all Federal agencies are
required to ensure the actions they authorize are not likely to
jeopardize the continued existence of any threatened or endangered
species or result in destruction or adverse modification of critical
habitat. Because the Southwest Alaska stock is listed as threatened
under the ESA, prior to finalizing the proposed IHA, if warranted, the
Service will complete intra-Service consultation under section 7 of the
ESA on our proposed issuance of this IHA. These evaluations and
findings will be made available on the Service's website at https://ecos.fws.gov/ecp/report/biological-opinion. The authorization of
incidental take of sea otters and the measures included in the proposed
IHA would not affect other listed species or designated critical
habitat.
Government-to-Government Consultation
It is our responsibility to communicate and work directly on a
Government-to-Government basis with federally recognized Alaska Native
Tribes in developing programs for healthy ecosystems. We seek their
full and meaningful participation in evaluating and addressing
conservation concerns for protected species. It is our goal to remain
sensitive to Alaska Native culture, and to make information available
to Alaska Native people. Our efforts are guided by the following
policies and directives:
(1) The Native American Policy of the Service (January 20, 2016);
(2) The Alaska Native Relations Policy (currently in draft form);
[[Page 4982]]
(3) Executive Order 13175 (January 9, 2000);
(4) Department of the Interior Secretary's Orders 3206 (June 5,
1997), 3225 (January 19, 2001), 3317 (December 1, 2011), and 3342
(October 21, 2016);
(5) The Alaska Government-to-Government Policy (a departmental
memorandum issued January 18, 2001); and
(6) The Department of the Interior's policies on consultation with
Alaska Native Tribes and Organizations.
We have evaluated possible effects of the specified activities on
federally recognized Alaska Native Tribes and Organizations. The
Service has determined that, due to this project's locations and
activities, the Tribal Organizations and communities near Kodiak,
Alaska, as well as relevant Alaska Native Claims Settlement Act
corporations, will not be impacted by this project. However, we will be
reaching out to them to inform them of the availability of this
proposed IHA and offer them the opportunity to consult.
We invite continued discussion, either about the project and its
impacts or about our coordination and information exchange throughout
the IHA process.
Proposed Authorization
We propose to authorize the nonlethal incidental take by Level B
harassment of 3,160 takes of 460 sea otters from the Southwest Alaska
stock. Authorized take may be caused by pile driving and marine
construction activities conducted by Trident Seafoods Corporation
(Trident) in Kodiak, Alaska, over the course of a year from the date of
issuance of the IHA. We do not anticipate or authorize any take by
Level A harassment or lethal take to sea otters resulting from these
activities.
A. General Conditions for the Incidental Harassment Authorization (IHA)
(1) Activities must be conducted in the manner described in the
October 9, 2023, revised request from Trident for an IHA and in
accordance with all applicable conditions and mitigation measures. The
taking of sea otters whenever the required conditions, mitigation,
monitoring, and reporting measures are not fully implemented as
required by the IHA is prohibited. Failure to follow the measures
specified both in the revised request and within this proposed
authorization may result in the modification, suspension, or revocation
of the IHA.
(2) If project activities cause unauthorized take (i.e., greater
than 3,160 takes of 460 northern sea otters from the Southwest Alaska
stock, a form of take other than Level B harassment, or take of one or
more sea otters through methods not described in the IHA), Trident must
take the following actions:
(i) Cease its activities immediately (or reduce activities to the
minimum level necessary to maintain safety);
(ii) Report the details of the incident to the Service within 48
hours; and
(iii) Suspend further activities until the Service has reviewed the
circumstances and determined whether additional mitigation measures are
necessary to avoid further unauthorized taking.
(3) All operations managers, vehicle operators, and machine
operators must receive a copy of this IHA and maintain access to it for
reference at all times during project work. These personnel must
understand, be fully aware of, and be capable of implementing the
conditions of the IHA at all times during project work.
(4) This IHA will apply to activities associated with the specified
project as described in this document and in Trident's revised request.
Changes to the specified project without prior authorization may
invalidate the IHA.
(5) Trident's revised request is approved and fully incorporated
into this IHA unless exceptions are specifically noted herein. The
request includes:
(i) Trident's original request for an IHA, dated May 25, 2023;
(ii) Revised applications, dated September 5 and October 9, 2023;
(iii) Marine Mammal Mitigation and Monitoring Plan;
(iv) Bubble curtain schematics; and
(v) Pile coordinates.
(6) Operators will allow Service personnel or the Service's
designated representative to visit project worksites to monitor for
impacts to sea otters and subsistence uses of sea otters at any time
throughout project activities so long as it is safe to do so.
``Operators'' are all personnel operating under Trident's authority,
including all contractors and subcontractors.
B. Avoidance and Minimization
(1) Construction activities must be conducted using equipment that
generates the lowest practicable levels of underwater sound within the
range of frequencies audible to sea otters.
(2) If the number of sea otters present in the area of Near Island
Channel exceeds 450, or if the number of sea otters present in a Level
B monitoring zone exceeds 25, or if the combination of sea state and a
high number of sea otters in the area is so high as to preclude an
accurate count, work will cease until PSOs can confirm that the number
of sea otters in the area is less than above limits.
(3) During all pile-installation activities, regardless of
predicted sound levels, a physical interaction shutdown zone of 10 m
(33 ft) must be enforced. If a sea otter enters the shutdown zone, in-
water activities must be delayed until either the animal has been
visually observed outside the shutdown zone, or 15 minutes have elapsed
since the last observation time without redetection of the animal. A
shutdown zone of 15 m (49 ft) will be enforced for DTH drilling where
the 160 dB sound isopleth exceeds the 10 m (33 ft) physical interaction
shutdown zone.
(4) In-water activity must be conducted in daylight. If
environmental conditions prevent visual detection of sea otters within
the shutdown zone, in-water activities must be stopped until visibility
is regained.
(5) All in-water work along the shoreline must be conducted during
low tide when the site is dewatered to the maximum extent practicable.
C. Mitigation Measures for Vessel Operations
Vessel operators must take every precaution to avoid harassment of
sea otters when a vessel is operating near these animals. The applicant
must carry out the following measures:
(1) Vessels must remain at least 500 m (0.3 mi) from rafts of sea
otters unless safety is a factor. Vessels must reduce speed and
maintain a distance of 100 m (328 ft) from all sea otters unless safety
is a factor.
(2) Vessels must not be operated in such a way as to separate
members of a group of sea otters from other members of the group and
must avoid alongshore travel in shallow water (<20 m (66 ft)) whenever
practicable.
(3) When weather conditions require, such as when visibility drops,
vessels must adjust speed accordingly to avoid the likelihood of injury
to sea otters.
(4) Vessel operators must be provided written guidance for avoiding
collisions and minimizing disturbances to sea otters. Guidance will
include measures identified in paragraphs (C)(12) through (15) of this
section.
D. Monitoring
(1) Operators shall work with PSOs to apply mitigation measures and
shall recognize the authority of PSOs up to and including stopping
work, except where doing so poses a significant safety risk to
personnel.
(2) Duties of the PSOs include watching for and identifying sea
otters,
[[Page 4983]]
recording observation details, documenting presence in any applicable
monitoring zone, identifying and documenting potential harassment, and
working with operators to implement all appropriate mitigation
measures.
(3) A sufficient number of PSOs will be available to meet the
following criteria: 100 percent monitoring of exclusion zones during
all daytime periods of underwater noise-generating work; a maximum of 4
consecutive hours on watch per PSO; a maximum of approximately 12 hours
on watch per day per PSO.
(4) All PSOs will complete a training course designed to
familiarize individuals with monitoring and data collection procedures.
A field crew leader with prior experience as a sea otter observer will
supervise the PSO team. Initially, new or inexperienced PSOs will be
paired with experienced PSOs so that the quality of marine mammal
observations and data recording is kept consistent. Resumes for
candidate PSOs will be made available for the Service to review.
(5) Observers will be provided with reticule binoculars (7x50 or
better), big-eye binoculars or spotting scopes (30x), inclinometers,
and range finders. Field guides, instructional handbooks, maps, and a
contact list will also be made available.
(6) Observers will collect data using the following procedures:
(i) All data will be recorded onto a field form or database.
(ii) Global positioning system data, sea state, wind force, and
weather will be collected at the beginning and end of a monitoring
period, every hour in between, at the change of an observer, and upon
sightings of sea otters.
(iii) Observation records of sea otters will include date; time;
the observer's locations, heading, and speed (if moving); weather;
visibility; number of animals; group size and composition (adults/
juveniles); and the location of the animals (or distance and direction
from the observer).
(iv) Observation records will also include initial behaviors of the
sea otters, descriptions of project activities and underwater sound
levels being generated, the position of sea otters relative to
applicable monitoring and mitigation zones, any mitigation measures
applied, and any apparent reactions to the project activities before
and after mitigation.
(v) For all sea otters in or near a mitigation zone, observers will
record the distance from the sound source to the sea otter upon initial
observation, the duration of the encounter, and the distance at last
observation in order to monitor cumulative sound exposures.
(vi) Observers will note any instances of animals lingering close
to or traveling with vessels for prolonged periods of time.
(7) Monitoring of the shutdown zone must continue for 30 minutes
following completion of pile installation.
E. Measures To Reduce Impacts to Subsistence Users
Prior to conducting the work, Trident will take the following steps
to reduce potential effects on subsistence harvest of sea otters:
(1) Avoid work in areas of known sea otter subsistence harvest;
(2) Discuss the planned activities with subsistence stakeholders
including Southwest Alaska villages and traditional councils;
(3) Identify and work to resolve concerns of stakeholders regarding
the project's effects on subsistence hunting of sea otters; and
(4) If any concerns remain, develop a POC in consultation with the
Service and subsistence stakeholders to address these concerns.
F. Reporting Requirements
(1) Trident must notify the Service at least 48 hours prior to
commencement of activities.
(2) Monthly reports will be submitted to the Service's Marine
Mammal Management office (MMM) for all months during which noise-
generating work takes place. The monthly report will contain and
summarize the following information: dates, times, weather, and sea
conditions (including the Beaufort Scale sea state and wind force
conditions) when sea otters were sighted; the number, location,
distance from the sound source, and behavior of the sea otters; the
associated project activities; and a description of the implementation
and effectiveness of mitigation measures with a discussion of any
specific behaviors the sea otters exhibited in response to mitigation.
(3) A final report will be submitted to the Service's MMM within 90
days after completion of work or expiration of the IHA. The report will
include:
(i) A summary of monitoring efforts (hours of monitoring,
activities monitored, number of PSOs, and, if requested by the Service,
the daily monitoring logs).
(ii) A description of all project activities, along with any
additional work yet to be done. Factors influencing visibility and
detectability of marine mammals (e.g., sea state, number of observers,
and fog and glare) will be discussed.
(iii) A description of the factors affecting the presence and
distribution of sea otters (e.g., weather, sea state, and project
activities). An estimate will be included of the number of sea otters
exposed to noise at received levels greater than or equal to 160 dB
(based on visual observation).
(iv) A description of changes in sea otter behavior resulting from
project activities and any specific behaviors of interest.
(v) A discussion of the mitigation measures implemented during
project activities and their observed effectiveness for minimizing
impacts to sea otters. Sea otter observation records will be provided
to the Service in the form of electronic database or spreadsheet files.
(4) Injured, dead, or distressed sea otters that are not associated
with project activities (e.g., animals known to be from outside the
project area, previously wounded animals, or carcasses with moderate to
advanced decomposition or scavenger damage) must be reported to the
Service within 24 hours of the discovery to either the Service's MMM
(1-800-362-5148, business hours); or the Alaska SeaLife Center in
Seward (1-888-774-7325, 24 hours a day); or both. Photographs, video,
location information, or any other available documentation must be
provided to the Service.
(5) All reports shall be submitted by email to
[email protected].
Trident must notify the Service upon project completion or end of
the work season.
Request for Public Comments
If you wish to comment on this proposed authorization, the
associated draft environmental assessment, or both documents, you may
submit your comments by either of the methods described in ADDRESSES.
Please identify if you are commenting on the proposed authorization,
draft environmental assessment, or both, make your comments as specific
as possible, confine them to issues pertinent to the proposed
authorization, and explain the reason for any changes you recommend.
Where possible, your comments should reference the specific section or
paragraph that you are addressing. The Service will consider all
comments that are received before the close of the comment period (see
DATES). The Service does not anticipate extending the public comment
period beyond the 30 days required under section 101(a)(5)(D)(iii) of
the MMPA.
Comments, including names and street addresses of respondents, will
become part of the administrative record
[[Page 4984]]
for this proposal. Before including your address, telephone number,
email address, or other personal identifying information in your
comment, be advised that your entire comment, including your personal
identifying information, may be made publicly available at any time.
While you can ask us in your comments to withhold from public review
your personal identifying information, we cannot guarantee that we will
be able to do so.
Peter Fasbender,
Assistant Regional Director for Fisheries and Ecological Services,
Alaska Region.
[FR Doc. 2024-01416 Filed 1-24-24; 8:45 am]
BILLING CODE 4333-15-P