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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices TABLE 1SPECIES EXPECTED TO OCCUR IN THE PROJECT AREA

Common name
Scientific name
Stock
I

ESA/
MMPA
status;
Strategic Y/N 1

I

Stock abundance CV, Nmin, most recent abundance survey 2

Annual M/SI 3

PBR

I

I

Order CetartiodactylaCetaceaSuperfamily Odontoceti toothed whales, dolphins, and porpoises Family Delphinidae Bottlenose dolphin
Short-beaked common dolphin ..

Tursiops truncatus
Delphinus delphis

California coastal
California/Oregon/Washington ..

-, -, N
-, -, N

Long-beaked common dolphin ..

Delphinus capensis

California

-, -, N

Pacific white-sided dolphin

Lagenorhynchus obliquidens

California/Oregon/Washington ..

-, -, N

453 0.06, 3436, 2011
969,861 0.17, 839,325, 2014.
101,305 0.49, 68,432, 2014.
26,814 0.28, 21,195, 2014.

2.7
8393

2.0
40

657

35.4

191

7.5

Order CarnivoraSuperfamily Pinnipedia Family Otariidae eared seals and sea lions California sea lion

Zalophus californianus

United States

-, -, N

257,606 N/A, 233,515, 2014.

14011

>320

30,968 N/A, 27,348, 2012.
179,000 N/A, 81,368, 2010.

1641

43

4882

8.8

Family Phocidae earless seals Harbor seal

Phoca vitulina

California

-, -, N

Northern elephant seal

Mirounga angustirostris

California breeding

-, -, N

1 Endangered Species Act ESA status: Endangered E, Threatened T/MMPA status: Depleted D. A dash - indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: https www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
3 These values, found in NMFSs SARs, represent annual levels of human-caused mortality plus serious injury M/SI from all sources combined e.g., commercial fisheries, ship strike. Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

For Rissos dolphins Grampus griseus and gray whales Eschrichtius robustus, occurrence is such that take is unlikely and we have not authorized take of these species.
A detailed description of the species likely to be affected by the 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 Federal Register notice for the proposed IHA 86 FR
38274; July 20, 2021; since that time, we are not aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to that Federal Register notice for these descriptions. Please also refer to NMFS
website https
www.fisheries.noaa.gov/find-species for generalized species accounts.

khammond on DSKJM1Z7X2PROD with NOTICES

Potential Effects of Specified Activities on Marine Mammals and Their Habitat The effects of underwater noise from the Navys construction activities have the potential to result in behavioral harassment of marine mammals in the vicinity of the project area. The notice of proposed IHA that was published in the Federal Register 86 FR 38274; July 20, 2021 included a discussion of the
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effects of anthropogenic noise on marine mammals and the potential effects of underwater noise from the Navys construction on marine mammals and their habitat. That information and analysis is incorporated by reference into this final IHA determination and is not repeated here; please refer to the notice of proposed IHA 86 FR 38274;
July 20, 2021.
Estimated Take 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.
Harassment is the only type of take expected to result from these activities.
Except with respect to certain activities not pertinent here, section 318 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.

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Authorized takes are for Level B
harassment only, in the form of disruption of behavioral patterns and TTS for individual marine mammals resulting from exposure to the sounds produced from the underwater acoustic sources i.e., vibratory hammer, single use or concurrent use of pile clippers, underwater chainsaw, diamond wire saw. Based on the nature of the activity and the anticipated effectiveness of the mitigation measures i.e., PSO
monitoring and shutdown zone discussed in detail below in the Mitigation and the Monitoring and Reporting sections, Level A harassment is neither anticipated nor will be authorized.
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 would be behaviorally harassed or incur some degree of permanent hearing impairment; 2 the area or volume of water that would 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
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