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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices species or stock through effects on annual rates of recruitment or survival 50 CFR 216.103. A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival i.e., populationlevel effects. An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be taken through harassment, NMFS considers other factors, such as the likely nature of any responses e.g., intensity, duration, the context of any responses e.g., critical reproductive time or location, migration, as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989
preamble for NMFSs implementing regulations 54 FR 40338; September 29, 1989, the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels.
To avoid repetition, the discussion of our analyses applies to all the species listed in Table 7, given that the anticipated effects of this activity on these different marine mammal stocks are expected to be similar. There is little information about the nature or severity of the impacts, or the size, status, or structure of any of these species or stocks that would lead to a different analysis for this activity. Pile driving activities have the potential to disturb or displace marine mammals. Specifically, the project activities may result in take, in the form of Level B harassment from underwater sounds generated from pile driving and removal and needle gun use. Potential takes could occur if individuals are present in the ensonified zone when these activities are underway.
Takes by Level B harassment would be in the form of behavioral disturbance and/or TTS. No mortality or PTS Level A harassment is anticipated given the nature of the activity and measures designed to minimize the possibility of injury to marine mammals. The potential for harassment is minimized through the construction method and the implementation of the planned mitigation measures see Mitigation section.

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The nature of the pile driving project precludes the likelihood of serious injury or mortality. Take would occur within a limited, confined area northcentral Henderson Bay of the stocks range. Level A and Level B harassment will be reduced to the level of least practicable adverse impact through use of mitigation measures described herein, and as a result, as discussed above, Level A harassment is not anticipated to occur. Further the amount of take authorized is extremely small when compared to stock abundance.
Behavioral responses of marine mammals to pile driving and needle gun use at the project site, if any, are expected to be mild and temporary.
Marine mammals within the Level B
harassment zone may not show any visual cues they are disturbed by activities as noted during modification to the Kodiak Ferry Dock see 80 FR
60636, October 7, 2015 or could become alert, avoid the area, leave the area, or display other mild responses that are not observable such as changes in vocalization patterns. Given the short duration of noise-generating activities per day and that pile driving and removal would occur across three months, any harassment would be temporary. There are no other areas or times of known biological importance for any of the affected species.
In addition, it is unlikely that minor noise effects in a small, localized area of habitat would have any effect on the fitness of any individual or the stocks ability to recover. In combination, we believe that these factors, as well as the available body of evidence from other similar activities, demonstrate that the potential effects of the specified activities will have only minor, shortterm effects on individuals. The specified activities are not expected to impact rates of recruitment or survival and will therefore not result in population-level impacts.
In summary and as described above, the following factors primarily support our determination that the impacts resulting from this activity are not expected to adversely affect the species or stock through effects on annual rates of recruitment or survival:
No mortality or Level A harassment is anticipated or authorized;
No biologically important areas have been identified within the project area;
For all species, Henderson Bay is a very small and peripheral part of their range;
WADOT would implement mitigation measures such as shut downs and slow removal of piles to minimize turbidity and shaking the pile slightly
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prior to removal wake up to break the bond with surrounding sediment to avoid pulling out large blocks of sediment; and Monitoring reports from similar work in Puget Sound have documented little to no effect on individuals of the same species impacted by the specified activities.
Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the monitoring and mitigation measures, NMFS finds that the total marine mammal take from the proposed activity will have a negligible impact on all affected marine mammal species or stocks.
Small Numbers As noted above, only small numbers of incidental take may be authorized under section 101a5D of the MMPA
for specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one third of the species or stock abundance, the take is considered to be of small numbers.
Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities.
The amount of take NMFS authorizes is below one third of the estimated stock abundance for all stocks. For harbor seals there are no official estimates of the stock size. We do know the populations of harbor seals in Puget Sound are increasing and number at least 32,000 Jeffries, 2013. We also know that harbor seals do not generally range over large areas see above.
Therefore, it is most likely that the number of harbor seal takes is a small number. For all stocks, these are all likely conservative estimates of percent of stock taken because they assume all takes are of different individual animals which is likely not the case. Some individuals may return multiple times in a day, but PSOs would count them as separate takes if they cannot be individually identified.
Based on the analysis contained herein of the proposed activity including the mitigation and monitoring measures and the
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