National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice; issuance of an Incidental Harassment Authorization.
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the City of Ketchikan to incidentally harass, by Level B and Level A harassment only, marine mammals during underwater confined rock blasting activities associated with a rock pinnacle removal project in Ketchikan, Alaska.
This Authorization is effective from September 16, 2019 to September 15, 2020.
Gray Redding, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at:
The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable [adverse] impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.
The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below.
On December 10, 2018, NMFS received a request from the City of Ketchikan for an IHA to take marine mammals incidental to underwater confined blasting and excavation in southeastern Alaska. The application was deemed adequate and complete on February 7, 2019. City of Ketchikan's request is for take of a small number of nine marine mammal species by Level B harassment and three marine mammal species by Level A harassment. Neither the City of Ketchikan nor NMFS expects serious injury or mortality to result from this activity and, therefore, an IHA is appropriate.
The City of Ketchikan plans to conduct underwater confined blasting of a rock pinnacle in the Tongass Narrows, southeastern Alaska. Removal of the underwater pinnacle will expand the area of safe navigation depths for cruise ships that presently visit Berths I and II. Removing the pinnacle will provide a more reliable ingress and egress for ships over a much wider range of wind and water level conditions. The project is scheduled to occur from September 16, 2019 through April 30, 2020. The blasting portion of the activities is expected to occur between November 15, 2019 and March 15, 2020, but blasting is not restricted to this time period, in order to allow appropriate flexibility for the applicant to complete the project. The action has the potential to affect waters in the Tongass Narrows and nearby Revillagigedo Channel, approximately 3 miles to the south.
There will be up to 50 days of blasting (currently anticipating between 25 and 50 total blasts) limited to at most, one blast per day. A blast consists of a detonation of a series of sequential charges, delayed from one another at an interval of 8 milliseconds (ms), with the total blast typically lasting less than 1 second (one second = 1000 milliseconds). Each delayed charge in the blast will contain a maximum of 75 total lbs (34 kg) of explosive. The timing of the blast must assure that the maximum pounds per delay does not exceed 75 lbs. The planned daily blast will consist of a grid of boreholes, each containing a delayed charge (total number may vary but typically it ranges between 30 to 60 holes), with the top section of the hole then filled in with stone (this process is referred to as “rock stemming”).
Following blasting, the material freed by blasting will be dredged. As discussed in the proposed
A detailed description of the planned rock pinnacle removal project is provided in the
A notice of NMFS's proposal to issue and IHA to the City of Ketchikan was
Sections 3 and 4 of the application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history, of the potentially affected species. Additional information regarding population trends and threats may be found in NMFS's Stock Assessment Reports (SAR;
Table 1 lists all species with expected potential for occurrence in waters near Ketchikan, Alaska and summarizes information related to the population or stock, including regulatory status under the MMPA and ESA and potential biological removal (PBR), where known. For taxonomy, we follow Committee on Taxonomy (2018). PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS's SARs). While no mortality is anticipated or authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the status of the species and other threats.
Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS's stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. All managed stocks in this region are assessed in NMFS's U.S. Alaska SARs (
All species that could potentially occur in the planned action areas are included in Table 1. As described below, all 9 species (with 12 managed stocks) temporally and spatially co-occur with the activity to the degree that take is reasonably likely to occur, and we have authorized it. In addition, the northern sea otter (
A detailed description of the of the species likely to be affected by the City of Ketchikan's project, including brief introductions to the species and relevant stocks as well as available information regarding population trends and threats, and information regarding local occurrence, were provided in the
Hearing is the most important sensory modality for marine mammals underwater, and exposure to anthropogenic sound can have deleterious effects. To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. Current data indicate that not all marine mammal species have equal hearing capabilities (
The pinniped functional hearing group was modified from Southall
For more detail concerning these groups and associated frequency ranges, please see NMFS (2018) for a review of available information. Nine marine mammal species (seven cetacean and two pinniped (one otariid and one phocid) species) have the reasonable potential to co-occur with the planned blasting activities. Please refer to Table 1. Of the cetacean species that may be present, three are classified as low-frequency cetaceans (
The effects of underwater noise from confined underwater blasting activities for the Ketchikan pinnacle removal project have the potential to result in temporary threshold shifts (TTS) (Level B harassment) and a small degree of permanent threshold shifts (PTS) (Level A harassment) of marine mammals in the vicinity of the action area. The
The main impact to marine mammal habitat associated with the Ketchikan pinnacle removal project would be temporarily elevated sound levels and the associated direct effects on marine mammals. The project would not result in permanent impacts to habitats used directly by marine mammals, such as haulout sites, because the underwater pinnacle to be removed is not prime foraging habitat. The project may have potential minor impacts to food sources such as forage fish and smaller marine mammals (transient killer whale prey), and permanent but minor impacts to the seafloor due to dredging and blasting as part of the pinnacle removal project. These potential effects are discussed in detail in the
This section provides an estimate of the number of incidental takes authorized through this IHA, which will inform both NMFS' consideration of “small numbers” and the negligible impact determination.
After public comment and review of the proposed authorization, the following items have changed in the final authorization.
(1) Estimated group sizes, which were the basis for take estimates in this project, were increased for some species, including Pacific white sided dolphin, killer whale, minke whale, and gray whale. Changes to group size were made to more conservatively account for the variability possible in group size, and these changes are outlined for each species in the “Marine Mammal Occurrence” section below.
(2) The expected frequency of occurrence for minke whales was increased based on behavioral information suggested by the Commission. The details of this increase are discussed in the “Marine Mammal Occurrence” section below.
(3) These changes in group size and occurrence resulting in changes to the estimated take for these species. These changes are discussed in the “Take Calculation and Estimation” section below.
Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).
Authorized takes would primarily be by Level B harassment (via TTS), as use of the explosive source (
As described previously, no mortality is anticipated or authorized for this activity. Below we describe how the take is estimated.
Generally speaking, we estimate take by considering: (1) Acoustic thresholds above which NMFS believes the best available science indicates marine mammals will incur some degree of hearing impairment; (2) the area or volume of water that will be ensonified above these levels in a day; (3) the density or occurrence of marine mammals within these ensonified areas; and, (4) and the number of days of activities. We note that while these basic factors can contribute to a basic calculation to provide an initial prediction of takes, additional information that can qualitatively inform take estimates is also sometimes available (
Using the best available science, NMFS has developed acoustic thresholds that identify the received level of underwater sound above which exposed marine mammals would be reasonably expected to incur TTS (equated to Level B harassment) or PTS (equated to Level A harassment) of some degree. Thresholds have also been developed to identify the pressure levels above which animals may incur different types of tissue damage from exposure to pressure waves from explosive detonation. TTS is possible and Table 3 lists TTS onset thresholds.
Level A harassment—NMFS' Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0) (Technical Guidance, 2018) identifies dual criteria to assess auditory injury (Level A harassment) to five different marine mammal groups (based on hearing sensitivity) as a result of exposure to noise from two different types of sources (impulsive or non-impulsive). The City of Ketchikan's planned activity includes the use of an impulsive source, blasting.
These thresholds are provided in Table 3 below. Table 3 also provides threshold for tissue damage and mortality. The references, analysis, and methodology used in the development of the thresholds are described in NMFS 2016 Technical Guidance, which may be accessed at:
Here, we describe operational and environmental parameters of the activity that will feed into identifying the area ensonified above the acoustic thresholds, which include source levels and transmission loss coefficient.
Blasting—While the NMFS Technical Guidance (2016) and associated User Spreadsheet include tools for predicting threshold shift isopleths for multiple detonations, the Marine Mammal Commission noted in response to a previous proposed IHA (83 FR 52394, October 17, 2018) that the User Spreadsheet contained some errors in methodology for single detonations. Following a method generated through consultation with the Marine Mammal Commission, NMFS computed cumulative sound exposure impact zones from the blasting information provided by the City of Ketchikan. Peak source levels of the confined blasts were calculated based on Hempet
In this section we provide the information about the presence, density, or group dynamics of marine mammals that will inform the take calculations. Expected marine mammal presence is determined by past observations and general abundance near the Ketchikan waterfront during the construction window. The take requests for this IHA were estimated using local marine mammal data sets (
Low numbers of harbor seals are a common observation around the Ketchikan waterfront, and likely utilize other, less developed nearshore habitats within and adjacent to the Level B harassment zone. Harbor seals can occur in the project area year-round with an estimated maximum group size of three animals (83 FR 37473, August 1, 2018, Solstice 2018), and up to three groups of three animals occurring daily in the Level B harassment (TTS) zone (1,120 meters). Additionally, harbor seals could occasionally be found in the Level A harassment (PTS) zone.
Known Steller sea lion haulouts are well outside of the pinnacle blasting Level B harassment zone. However, Steller sea lions are residents of the wider vicinity and could be present within the Level B harassment zone on any given day of construction. Steller sea lion observations in the project area typically include groups composed of up to 10 animals (83 FR 37473, August 1, 2018, Solstice 2018), with one group potentially present each day.
Based on observations of local boat charter captains and watershed stewards, harbor porpoise are infrequently encountered in the Tongass Narrows, and more frequently in the nearby larger inlets and Clarence Strait. Therefore, they could potentially transit through both the Level B harassment zone and Level A harassment zone during a blasting event. They could occupy the Ketchikan waterfront and be exposed to the Level A harassment zone during transit between preferred habitats. Harbor porpoises observed in the project vicinity typically occur in groups of one to five animals with an estimated maximum group size of eight animals (83 FR 37473, August 1, 2018, Solstice 2018). For our impact analysis, we are considering a group to consist of five animals, a value on the high end of the typical group size. The frequency of harbor porpoise occurrence in the project vicinity is estimated to be one group passing through the area per month (83 FR 37473, August 1, 2018, Solstice 2018), but, for our analysis, we conservatively consider a group of five animals could be present every five days (approximately once per week).
Based on observations of local boat charter captains and watershed stewards, humpback whales regularly utilize the surrounding waters and are occasionally observed near Ketchikan, most often on a seasonal basis. Most observations occur during the summer with sporadic occurrences during other periods. The typical humpback whale group size in the project vicinity is
Killer whales could occur within the action area year-round. Typical pod sizes observed within the project vicinity range from 1 to 10 animals and the frequency of killer whales passing through the action area is estimated to be once per month (83 FR 37473, August 1, 2018, Solstice 2018). In the
Based on local observations and regional studies, Dall's porpoise are infrequently encountered in small numbers in the waters surrounding Ketchikan. This body of evidence is supported by Jefferson
Based on observations of local marine mammal specialists, the possibility of minke whales occurring in the Tongass Narrows is rare. Minke whales are generally observed individually or in groups of up to three animals. This, along with scientific survey data showing that this species has not been documented within the vicinity, indicates that there is little risk of exposure to blasting. However, the accessible habitat in the Revillagigedo Channel leaves the potential that minke whale could enter the action area. In the
No gray whales were observed during surveys of the inland waters of southeast Alaska conducted between 1991 and 2007 (Dahlheim
Dolphins are regularly seen within Clarence Strait but have been reported to prefer larger channel areas near open ocean. Their presence within the Tongass Narrows has not been reported. They are not expected to enter the Tongass Narrows toward their relatively small injury zone, so no take by Level A harassment is requested. Pacific white-sided dolphin group sizes generally range from between 20 and 164 animals. For the purposes of this assessment, within the proposed IHA, we assumed one group of 20 dolphins may be present within the Level B harassment zone every tenth day, or about every other week. However, NMFS has conservatively increased the expected group size to 30 dolphins, which is still within the reported group size range for the species.
Here we describe how the information provided above is brought together to produce a quantitative take estimate. Incidental take is estimated for each species by considering the likelihood of a marine mammal being present within the Level A or B harassment zone during a blasting event. Expected marine mammal presence is determined by past observations and general abundance near the Ketchikan waterfront during the construction window, as described above. The calculation for marine mammal exposures is estimated by the following two equations:
We conservatively estimate that three groups of three harbor seals could be present within the Level B harassment zone on each day of construction and two additional harbor seals could be present within the Level A harassment zone on each day of construction. Because take estimates are based on anecdotal occurrences, including these additional individual harbor seals that could occur in the Level A harassment zone is another conservative assumption. Potential airborne disturbance would be accounted for by the Level B harassment zone, which covers a wider distance. Using these estimates the following number of harbor seals are estimated to be present through the construction period.
We conservatively estimate that a group of 10 sea lions could be present within the Level B harassment zone on any given day of blasting. No exposure within the blasting Level A harassment
No take by Level A harassment was requested or is authorized because the small Level A harassment zone can be effectively observed.
We conservatively estimate and assume that a group of five harbor porpoise could be sighted in the Level B harassment zone every 5th day, or approximately once per week. Additionally, while the City of Ketchikan does not anticipate take by Level A harassment to occur, the cryptic nature of harbor porpoises and large Level A harassment isopleth mean the species could be in the Level A harassment zone without prior observation. Therefore, one additional group of 5 animals could be present in the Level A harassment zone every second week or 10th day, a conservative assumption because this group is in addition to those anticipated in the Level B harassment zone.
Based on occurrence information in the area, we conservatively estimate that a group of two humpback whales will be sighted within the Level B harassment zone every third day. The City is requesting authorization for 33 takes by Level B harassment of humpback whales. Of this number, we estimate 31 humpback whales will belong to the unlisted Hawaii DPS while three will belong to the ESA listed Mexico DPS based on the estimated occurrence of these DPSs (Wade
No take by Level A harassment was requested or is authorized because these large whales can be effectively monitored and work can be shutdown when they are present.
Based on information presented above (
No take by Level A harassment was requested or is authorized because the relatively small Level A harassment zone can be effectively monitored to prevent take by Level A harassment.
Based on information presented above (
Using this assumption, the following number of Dall's porpoise are estimated to be present in the Level B harassment zone:
Based on information presented above (
The expected rate of occurrence has been increased, resulting in a final authorization of 20 minke whales, compared to 10 in the proposed IHA.
No take by Level A harassment was requested or is authorized because the City of Ketchikan can effectively monitor for these whales and shutdown if are present in the Level A harassment zone.
Based on information presented above (
The final authorized take of gray whales has increased from 5 to 10 individuals due to the change in group size.
No take by Level A harassment was requested or is authorized because the City of Ketchikan can effectively monitor for these whales and shutdown if are present in the Level A harassment zone.
Based on the assumption that Pacific white-sided dolphins are not expected to enter Tongass Narrows, despite their regular occurrence in the Clarence Strait, we estimate that one group of 30 dolphins may be sighted within the Level B harassment zone every tenth day, or about every other week. As explained above in “Marine Mammal Occurrence,” the group size has been increased from 20 to 30 dolphins in the final authorization.
The final authorized take of gray whales has increased from 100, in the proposed IHA, to 150 individuals due to the change in group size.
No take by Level A harassment was requested or is authorized because the relatively small Level A harassment zone can be effectively monitored in
In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses (latter not applicable for this action). NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat (50 CFR 216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned) the likelihood of effective implementation (probability implemented as planned). and;
(2) The practicability of the measures for applicant implementation, which may consider such things as cost, impact on operations, and, in the case of a military readiness activity, personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.
Between the proposed IHA and this
For in-water heavy machinery work (using,
For blasting, the Level B harassment zone will be monitored for a minimum of 30 minutes prior to the planned blast, and continue for 1 hour (60 minutes) after the blast. If a marine mammal with authorized take remaining is sighted within this monitoring zone, blasting can occur and take will be tallied against the authorized number of takes by Level B harassment. Data will be recorded on the location, behavior, and disposition of the mammal as long as the mammal is within this monitoring zone.
The City of Ketchikan will establish a shutdown zone for a marine mammal species that is greater than its corresponding Level A harassment zone,
If blasting is delayed due to marine mammal presence, PSO's will continue monitoring for marine mammals during the delay. If blasting is delayed for a reason other than marine mammal presence, and this delay will be greater than 30 minutes, marine mammal monitoring does not need to occur during the delay. However, if monitoring is halted, a new period of the 30 minute pre-blast monitoring must occur before the rescheduled blast.
In-water blasting work is expected to occur from November 15, 2019, to March 15, 2020, but will be limited to September 16, 2019, to April 30, 2020. Pinnacle blasting will be conducted during daylight hours (sunrise to sunset) to help ensure that marine mammal observers have acceptable conditions to survey the shutdown and monitoring zones. To ensure that blasting does occur between daylight hours, and required pre- and post-blast monitoring can be conducted, blasting must be planned to occur at least 30 minutes after sunrise and 1 hour before sunset. Non-blasting activities, including but not limited to dredging and borehole drilling can occur outside of daylight hours, but the 10-meter general shutdown zone must be maintained.
If a marine mammal is observed within the monitoring zone and that species is either not authorized for take or its authorized takes are met, blasting must not occur. Blasting must be delayed until the animal has been confirmed to have left the area or an observation time period of 15 minutes has elapsed without seeing the marine mammal in the monitoring zone.
The City of Ketchikan will use industry BMPs to reduce the potential adverse impacts on protected species from in-water noise and overpressure. These include the use of multiple small boreholes, confinement of the blast (rock stemming), use of planned sequential delays, and all measures designed to help direct blast energy into the rock rather than the water column. Additional BMPs to minimize impact on marine mammals and other species include adherence to a winter in-water work window, accurate drilling, shot duration, and limiting the blasts to a maximum of one per day. The project will adhere to all Federal and state blasting regulations, which includes the development and adherence to blasting plans, monitoring, and reporting.
Based on our evaluation of the applicant's mitigation measures, as well as other measures considered by NMFS, NMFS has determined that the mitigation measures provide the means effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.
In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth, “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.
Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following:
• Occurrence of marine mammal species or stocks in the area in which take is anticipated (
• Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) Action or environment (
• Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors;
• How anticipated responses to stressors impact either: (1) Long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks;
• Effects on marine mammal habitat (
• Mitigation and monitoring effectiveness.
Since the proposed IHA, there have been some changes to the monitoring and reporting measures. NMFS has added a requirement to conduct acoustic and pressure monitoring for a “production” blast in addition to the test blast, to ensure blasting isopleths in this IHA are correct. NMFS has also further specified what measurements and information the results of this blast monitoring should include to ensure the results are informative. Additionally, NMFS has added a requirement to notify the Alaska Regional Office and Alaska Stranding Network prior to, and following blasting in order to conform with previous blasting authorizations.
Monitoring by NMFS-approved protected species observers (PSOs) will begin 30 minutes prior to a planned blast and extend through 30 minutes after the blast. This will ensure that all marine mammals in the monitoring zone are documented and that no
During blasting, there will be two land-based PSOs and one PSO on the barge used for blasting operations, with no duties other than monitoring. Establishing a monitoring station on the barge will provide the observer with an unobstructed view of the injury zones during blasting and direct communication with the operator.
Land based PSOs will be positioned at the best practical vantage points based on blasting activities and the locations of equipment. The land-based observers will be positioned with a clear view of the remaining of the injury zone and will monitor the shutdown zones and monitoring zones with binoculars and a spotting scope. The land-based observers will communicate via radio to the lead monitor positioned on the barge. Specific locations of the observers will be based on blasting activities and the locations of equipment. Shore-based observers will be stationed along the outer margins of the largest shutdown zone.
The monitoring position of the observers will be identified with the following characteristics:
1. Unobstructed view of blasting area;
2. Unobstructed view of all water within the shutdown zone;
3. Clear view of operator or construction foreman in the event of radio failure (lead biologist); and
4. Safe distance from activities in the construction area.
Monitoring of blasting activities must be conducted by qualified PSOs (see below), who must have no other assigned tasks during monitoring periods. The applicant must adhere to the following conditions when selecting observers:
• Independent PSOs must be used (
• At least one PSO must have prior experience working as a marine mammal observer during construction activities;
• Other PSOs may substitute education (degree in biological science or related field) or training for experience;
• Where a team of three or more PSOs are required, a lead observer or monitoring coordinator must be designated. The lead observer must have prior experience working as a marine mammal observer during construction; and
• The applicant must submit PSO curriculum vitae (CVs) for approval by NMFS Permits and Conservation Division.
The applicant must ensure that observers have the following additional qualifications:
• Ability to conduct field observations and collect data according to assigned protocols;
• Experience or training in the field identification of marine mammals, including the identification of behaviors;
• Sufficient training, orientation, or experience with the blasting operation to provide for personal safety during observations;
• Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates, times, and reason for implementation of mitigation (or why mitigation was not implemented when required); and marine mammal behavior; and
• Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.
The City of Ketchikan will perform a minimum of one test blast to confirm underwater overpressure values. The City of Ketchikan will conduct underwater monitoring of both this test blast and at least one full scale “production” blast. During blast monitoring, overpressure will be measured during all blasting monitoring with pressure transducers and hydrophones at pre-determined locations. This work will be performed by an experienced contractor with process documents, results, and the blast reports all being approved by a blasting consultant. For monitoring of these blasts, the City of Ketchikan will be required to record the following information:
• Hydrophone equipment and methods: Recording device, sampling rate, distance of recording devices from the blast where recordings were made; depth of recording devices;
• Number of charges and the weight of each charge detonated during the blast;
• Spectra and/or waveform of blasts of blasts including power spectral density reported as dB re 1 µPa2/Hz; and
• Mean, median, and maximum sound levels (dB re: 1µPa) of SPLrms, SELcum, single-shot SEL, and SPLpeak.
At least 24 hours (+/− 4 hours) prior to blasting, the City of Ketchikan will notify the Office of Protected Resources, NMFS Alaska Regional Office, and the Alaska Regional Stranding Coordinator that blasting is planned to occur, as well as notify these parties within 24 hours (+/− 4 hours) after blasting that blasting actually occurred.
A draft marine mammal monitoring report would be submitted to NMFS within 90 days after the completion of blasting activities. It will include an overall description of work completed, a narrative regarding marine mammal sightings, and associated PSO data sheets. Specifically, the report must include:
• Date and time that monitored activity begins or ends;
• Construction activities occurring during each observation period;
• Weather parameters (
• Water conditions (
• Species, numbers, and, if possible, sex and age class of marine mammals;
• Description of any observable marine mammal behavior patterns, including bearing and direction of travel and distance from construction activity;
• Distance from construction activities to marine mammals and distance from the marine mammals to the observation point;
• Locations of all marine mammal observations; and
• Other human activity in the area.
If no comments are received from NMFS within 30 days, the draft final report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.
Additionally, the City of Ketchikan will submit the report and results of their test blast to NMFS prior to beginning production blasting. This report will include the information outlined in
In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner
• Description of the incident;
• Environmental conditions (
• Description of all marine mammal observations in the 24 hours preceding the incident;
• Species identification or description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the animal(s) (if equipment is available).
Activities would not resume until NMFS is able to review the circumstances of the prohibited take. NMFS would work with the City of Ketchikan to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. The City of Ketchikan would not be able to resume their activities until notified by NMFS via letter, email, or telephone.
In the event that the City of Ketchikan discovers an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent (
In the event that the City of Ketchikan discovers an injured or dead marine mammal and the lead PSO determines that the injury or death is not associated with or related to the activities authorized in the IHA (
NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (
To avoid repetition, our analysis applies to all species listed in Table 5, given that NMFS expects the anticipated effects of the planned blasting to be similar in nature. Where there are meaningful differences between species or stocks, or groups of species, in anticipated individual responses to activities, impact of expected take on the population due to differences in population status, or impacts on habitat, NMFS has identified species-specific factors to inform the analysis.
NMFS does not anticipate that serious injury or mortality would occur as a result of the City of Ketchikan's planned blasting. In the absence of mitigation including shutdown zones, these impacts are possible, but at very short distances from the blasts (Table 4). NMFS feels that the mitigation measures stated in “Mitigation,” include adequate shutdown zones, marine mammal monitoring, and blasting BMPs sufficient to prevent serious injury or mortality. Thus, no serious injury or morality authorized. As discussed in the
The authorized number of takes by both Level A harassment and Level B harassment is given in Table 5. Take by Level A harassment is only authorized for harbor seals, harbor porpoises, and Dall's porpoises. As stated in “Mitigation” the City of Ketchikan will establish shutdown zones, greater than Level A harassment zones for blasting, and a blanket 10 m shutdown zone will be implemented for all other in-water use of heavy machinery. The authorization of take by Level A harassment is meant to account for the slight possibility that these species escape observation by the PSOs within the Level A harassment zone. Any take by Level A harassment is expected to arise from a small degree of PTS, because the isopleths related to PTS are consistently larger than those associated with slight lung and GI tract injury (Table 4).
Blasting is only planned to occur on a maximum of 50 days, with just one blast per day, from November 15, 2019, to March 15, 2020. Because only one blast is authorized per day, and this activity would only generate noise for approximately one second, no behavioral response that could rise to the level of take is expected to occur. Therefore, all takes by Level B harassment are expected to arise from TTS, but we expect only a small degree of TTS, which is fully recoverable and not considered injury.
Although the removal of the rock pinnacle would result in the permanent alteration of habitat available for marine mammals and their prey, the affected area would be discountable. Overall, the area impacted by the project is very small compared to the available habitat around Ketchikan. The pinnacle is adjacent to an active marine commercial and industrial area, and is regularly disturbed by human activities. In addition, for all species except humpbacks, there are no known biologically important areas (BIA) near the project zone that would be impacted by the blasting activities. For humpback whales, Southeast Alaska is a seasonally important BIA from spring through late fall (Ferguson
In summary and as described above, the following factors primarily support our determination that the impacts resulting from this activity are not expected to adversely affect the species or stock through effects on annual rates of recruitment or survival:
• No serious injury or mortality is anticipated or authorized;
• Blasting would not occur during fish runs, avoiding impacts during peak foraging periods;
• Only a very small portion of marine mammal habitat would be temporarily impacted;
• The City of Ketchikan would implement mitigation measures including shut down zones for all blasting and other in-water activity to minimize the potential for take by Level A harassment and the severity if it does occur; and
• TTS that will occur is expected to be of a small degree and is recoverable.
Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the monitoring and mitigation measures, NMFS finds that the total marine mammal take from the planned activity will have a negligible impact on all affected marine mammal species or stocks.
As noted above, only small numbers of incidental take may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities.
Table 5, in the
Based on the analysis contained herein of the planned activity (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks.
In order to issue an IHA, NMFS must find that the specified activity will not have an “unmitigable adverse impact” on the subsistence uses of the affected marine mammal species or stocks by Alaskan Natives. NMFS has defined “unmitigable adverse impact” in 50 CFR 216.103 as 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 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.
In August of 2018, the City of Ketchikan and its representatives attempted to contact the Alaska Harbor Seal Commission and contacted the Alaska Sea Otter and Steller Sea Lion Commission and the Ketchikan Indian Commission to inform them about the project and gather comment. Neither of the organizations that were successfully contacted expressed concern about the project.
In 2012, the community of Ketchikan had an estimated subsistence take of 22 harbor seals and 0 Steller sea lions (Wolf
Based on the description of the specified activity, the measures described to minimize adverse effects on the availability of marine mammals for subsistence purposes, and the mitigation and monitoring measures, NMFS has determined that there will not be an unmitigable adverse impact on subsistence uses from City of Ketchikan's planned activities.
To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321
This action is consistent with categories of activities identified in Categorical Exclusion B4 (incidental harassment authorizations with no anticipated serious injury or mortality) of the Companion Manual for NOAA Administrative Order 216–6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review.
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 U.S.C. 1531
There is one marine mammal species (Mexico DPS humpback whale) with confirmed occurrence in the project area that is listed as endangered under the ESA. The NMFS Alaska Regional Office Protected Resources Division issued a Biological Opinion on July 16, 2019 under section 7 of the ESA, on the issuance of an IHA to the City of Ketchikan under section 101(a)(5)(D) of the MMPA by the NMFS Permits and Conservation Division. The Biological Opinion concluded that the proposed action is not likely to jeopardize the continued existence of Mexico DPS humpback whale, and is not likely to destroy or adversely modify critical habitat because none exists.
NMFS has issued an IHA to the City of Ketchikan for the potential harassment of small numbers of nine marine mammal species incidental to the rock pinnacle removal project in Tongass Narrows, near Ketchikan, Alaska, provided the previously mentioned mitigation, monitoring and reporting are incorporated.