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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices
Sheetpiles: 0.2211/km2 17.9 km2 9
days = 35.619
Needle gun: 0.2211/km2 0.01 km2 6
days = 0.013
Total Estimated Take = 37.14 animals We are authorizing Level B
harassment of 38 California sea lions.
Because the Level A harassment zones are relatively small and we believe the PSO will be able to effectively monitor the Level A harassment zones, we do not authorize take by Level A
harassment of California sea lions.
Steller Sea Lion The Navy Marine Species Density Database U.S. Navy 2019 estimates the density of Steller sea lions in the Henderson Bay area as 0.0478/km2.
Based on this density estimate, the following number of Steller sea lions
may be present in the Level B
harassment zones:
H piles: 0.0478/km2 1.36 km2 5 days = 0.325
Sheetpiles: 0.0478/km2 17.9 km2 9
days = 7.70
Needle gun: 0.0478/km2 0.01 km2 6
days = 0.007
Total Estimated Take = 8.03 animals We are authorizing for Level B
harassment of nine Steller sea lions.
Because the Level A harassment zones are relatively small and we believe the PSO will be able to effectively monitor the Level A harassment zones, we do not authorize take by Level A
harassment of Steller sea lions.
Harbor Seal The Navy Marine Species Density Database U.S. Navy 2019 estimates the
density of harbor seal in the Henderson Bay area as 3.91/km2. Based on this density estimate, the following number of harbor seals may be present in the Level B harassment zones:
H piles: 3.91/km2 1.36 km2 5 days = 26.588
Sheetpiles: 3.91/km2 17.9 km2 9
days = 629.901
Needle gun: 3.91/km2 0.06 km2 6
days = 1.408
Total Estimated Take = 657.9 animals We are authorizing for Level B
harassment of 658 harbor seals. Because the Level A harassment zones are relatively small and we believe the PSO
will be able to effectively monitor the Level A harassment zones, we do not authorize take by Level A harassment of Steller sea lions.

TABLE 7AUTHORIZED AMOUNT OF TAKING, BY LEVEL A HARASSMENT AND LEVEL B HARASSMENT, BY SPECIES AND
STOCK AND PERCENT OF TAKE BY STOCK
Species
Take request
Harbor seal
California sea lion
Steller sea lion
Gray whale
Short-beaked common dolphin
Harbor porpoise

658
38
9 10
50
145

Percent of stock < 0.1 < 0.1
0.4 < 0.1
1.3

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There is no official estimate of stock size for this stock.

Mitigation In order to issue an IHA under section 101a5D of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and 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 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 the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat 50 CFR
216.104a11.
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
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implementation of the measures 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.
The following mitigation measures are in the IHA:
For in-water heavy machinery work other than pile driving/removal e.g., standard barges, etc., and for needle gun work, if a marine mammal comes within 10 m, operations shall cease and vessels shall reduce speed to the minimum level required to maintain
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steerage and safe working conditions.
This type of work could include the following activities: 1 Movement of the barge to or around the pile location; or 2 positioning of the pile on the substrate via a crane i.e., stabbing the pile;
Conduct briefings between construction supervisors and crews and the marine mammal monitoring team prior to the start of all pile driving/
removal activity and when new personnel join the work, to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures;
For those marine mammals for which Level B harassment take has not been requested, in-water pile installation/removal will shut down immediately if such species are observed within or entering the Level B
harassment zone; and If take reaches the authorized limit for an authorized species, pile installation/removal will be stopped as these species approach the Level B
harassment zone to avoid additional take.
The following mitigation measures would apply to WADOTs in-water construction activities.

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