Federal Register - May 6, 2021
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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations TABLE 7ANNUAL LEVEL B HARASSMENT TAKES OF BOTTLENOSE DOLPHIN BY PROJECT LOCATION
Level B harassment takes 1
Largest Level B
harassment zone km2
Location
2021
2022
2023
2024
2025
Total
Pier 3
Pier 12
MWR Marina
V-Area
Craney Island
Lamberts Point
10.3
13.1
0.2
0.2
2.2
4.7
350.2
2,305.9
5.2
4.4
57.2
18.8
141.4
931.2
2.1
1.8
23.1
7.6
30.3
199.6
0.5
0.4
5.0
1.6
128.0
842.5
1.9
1.6
20.9
6.9
316.6
2,084.2
4.7
4.0
51.7
17.0
966.6
6,363.5
14.4
12.1
157.9
51.9
Total Level B Harassment Takes per Year
2,742
1,107
237
1,002
2,478
7,566
Annual Takes as Percentage of Five-Year Total
36.2
14.6
3.1
13.2
32.8
1 Note
actual calculations were not rounded at each step as they are shown in Table 6 and Table 7.
The Level A harassment zones for mid-frequency cetaceans extend less than 10 m from the source during all activities Table 5. Given the small size of the Level A harassment zones, we do not expect Level A harassment take of bottlenose dolphins. Additionally, the Navy is planning to implement a 10 m shutdown zone for bottlenose dolphins during all pile driving and other inwater activities Table 11, which includes the entire Level A harassment zone for all pile driving activities.
Therefore, the Navy did not request, and NMFS will not authorize Level A
harassment take of bottlenose dolphin.
Harbor Porpoise Harbor porpoises are known to occur in the coastal waters near Virginia Beach Hayes et al. 2019. Density data for this species within the project vicinity do not exist or were not calculated because sample sizes were too small to produce reliable estimates of density. Harbor porpoise sighting data collected by the U.S. Navy near NAVSTA Norfolk and Virginia Beach from 2012 to 2015 Engelhaupt et al.
2014; 2015; 2016 did not produce enough sightings to calculate densities.
One group of two harbor porpoises was seen during spring 2015 Engelhaupt et al. 2016. Elsewhere in their range, harbor porpoises typically occur in groups of two to three individuals Carretta et al. 2001; Smultea et al.
2017.
Because there are no density estimates for the species in the MPU project area, the Navy conservatively estimated two takes of harbor porpoise by Level B
harassment per 60 pile driving days Table 4, resulting in 20 takes by Level B harassment across the five year rule, and no more than seven takes by Level B harassment in one year. NMFS
corrected this estimate in this final rule to reflect that an estimated two takes of harbor porpoise by Level B harassment per 60 pile driving days results in 24
takes by Level B harassment over the five year duration of the rule, with no more than eight takes by Level B
harassment in one year Table 9. NMFS
may authorize 24 takes by Level B
harassment of harbor porpoise.
The Level A harassment zones for high-frequency cetaceans extend less than 10 m from the source during all activities Table 5. Given the small size of the Level A harassment zones, we do not expect take by Level A harassment of harbor porpoise. Additionally, the Navy is planning to implement a 10 m shutdown zone for during pile driving and other in-water activities Table 11.
Therefore, the Navy did not request, and NMFS will not authorize take by Level A harassment of harbor porpoise.
Harbor Seal The expected number of harbor seals in the project area was estimated using systematic, landand vessel-based survey data for in-water and hauled-out seals collected by the U.S. Navy at the CBBT rock armor and portal islands from 2014 through 2019 Jones et al.
2020. The average daily seal count from the 2014 through 2019 field seasons ranged from 8 to 23, with an average of 13.6 harbor seals across all the field seasons Table 8.
TABLE 8HARBOR SEAL COUNTS AT CHESAPEAKE BAY BRIDGE TUNNEL
In season survey days
Field season 20142015
20152016
20162017
20172018
20182019
Total seal count
Average daily seal count
Max daily seal count
11
14
22
15
10
113
187
308
340
82
10
13
14
23
8
33
39
40
45
17
Average
13.6
34.8
khammond on DSKJM1Z7X2PROD with RULES
Source: Jones et al. 2020.
The Navy expects, and NMFS
concurs, that harbor seals are likely to be present from November to April. In the proposed rule, NMFS calculated take by Level B harassment by
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multiplying 14 seals by the number of pile driving days expected in each year if fewer than 183 project days half of the year were expected. To account for seasonal occurrence November to
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April, NMFS calculated take based on 183 project days for years which have more than 183 expected project days 2021, 2025. In this final rule, NMFS
calculated take in a parallel manner to
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