[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Pages 54031-54035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18089]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 030805A]
Incidental Take of Marine Mammals Incidental to Specified
Activities; Seismic Retrofit of the Richmond-San Rafael Bridge, San
Francisco Bay, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA), notification is hereby given that an Incidental Harassment
Authorization (IHA) has been issued to the California Department of
Transportation (CALTRANS) to take small numbers of marine mammals, by
harassment, incidental to seismic retrofit construction of the
Richmond-San Rafael Bridge (the Bridge), San Francisco Bay (SFB), CA.
DATES: This authorization is effective from September 06, 2005 to
September 06, 2006.
ADDRESSES: A copy of the application may be obtained by writing to
Stephen L. Leathery, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910 or by
telephoning the contacts listed here. Documents cited in this notice
may be viewed, by appointment, during regular business hours, at this
address.
FOR FURTHER INFORMATION CONTACT: Layne Bolen, NMFS, (301) 713-2289,
ext. 117 or Monica DeAngelis, NMFS Southwest Region, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and regulations are issued.
An authorization may be granted if the Secretary finds that the
total taking will have a negligible impact on the species or stock(s),
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for subsistence uses, and that the permissible
methods of taking and requirements pertaining to the monitoring and
reporting of such taking are set forth. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 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.''
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take small numbers of marine mammals by
harassment. Except for certain categories of actions not pertinent
here, 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].
Summary of Request
On December 16, 2004, NMFS received a letter from CALTRANS
requesting reauthorization of an IHA that was first issued to it on
December 16, 1997 (62 FR 67045, December 23, 1997), was renewed on
January 8, 2000 (65 FR 2375, January 14, 2000), September 19, 2001 (66
FR 49165, September 26, 2001), September 23, 2002 (67 FR 61323,
September 30, 2002), and November 19, 2003 (68 FR 66076, November 25,
2003). The authorization renewal request is for the possible harassment
of small numbers of Pacific harbor seals (Phoca vitulina) and possibly
some California sea lions (Zalophus californianus), incidental to
seismic retrofit construction of the Bridge.
The Bridge is being seismically retrofitted to withstand a future
severe earthquake. Construction is scheduled to extend through the year
2005. A detailed description of the work planned is contained in the
Final Natural Environmental Study/Biological Assessment for the
Richmond-San Rafael Bridge Seismic Retrofit Project (CALTRANS, 1996).
As in the previous IHAs, activities will include excavation around pier
bases, hydro-jet cleaning, installation of steel casings around the
piers with a crane, installation of micro-piles, and installation of
precast concrete jackets. Foundation construction will require
approximately 2 months per pier, with construction occurring on more
than one pier at a
[[Page 54032]]
time. In addition to pier retrofit, superstructure construction and
tower retrofit work may also be carried out. Other seismic retrofit
work will include:
1. Installation of isolation bearings, needed to strengthen bridge
structure;
2. Reinforcement of lower chord members and diagonal trusses by
bolting new additional steel members and gusset plates to the existing
members;
3. Cleaning and painting of new and existing steel members;
4. Removal and replacement of the truss shoe pins;
5. Deck rehabilitation and joint replacement at various locations
on the bridge; and
6. Installation of temporary bracing prior to the removal of the
steel chevron members on the piers followed by the installation of
permanent Eccentric Braced Frames to provide additional strength.
Because seismic retrofit construction between piers 52 and 57 has
the potential to disturb harbor seals hauled out on Castro Rocks, an
IHA is warranted.
Comments and Responses
A notice of receipt of the application and proposed authorization
was published on April 5, 2005 (70 FR 17234), and a 30-day public
comment period was provided on the application and proposed
authorization. NMFS received two comments on this IHA and proposed
authorization:
Comment 1: The Marine Mammal Commission (Commission) reviewed the
application and concurs that the Service's preliminary determinations
are reasonable. The Commission believes that the proposed mitigation
measures are appropriate and recommends issuance of the IHA as
proposed.
Response: NMFS agrees.
Comment 2: A commenter stated, ``I oppose and object to the methods
that are being used that will kill marine life in this area. These
seals/sea lions populations are already depleted.''
Response: No take by injury and/or death is anticipated, and
harassment takes will be reduced to the lowest level practicable by
implementation of the proposed work restrictions and mitigation
measures (see Mitigation). No deaths or injuries to marine mammals have
been reported in association with this project since the first IHA
issued in 1997.
Description of Habitat and Marine Mammals Affected by the Activity
A description of SFB ecosystem and its associated marine mammals
can be found in the CALTRANS application (CALTRANS, 1997) and in
CALTRANS (1996). Castro Rocks are a small chain of rocky islands
located next to the Bridge and approximately 1500 ft (460 m) north of
the Chevron Long Wharf. They extend in a southwesterly direction for
approximately 800 ft (240 m) from pier 55. The rocks start at about 55
ft (17 m) from pier 55 (A rock) and end at approximately 250 ft (76 m)
from pier 53 (F rock). The chain of rocks is exposed during low tides
and inundated during high tide.
Marine Mammals
General information on harbor seals and other marine mammal species
found in Central California waters can be found in Forney et al. (2000,
2001, 2003), which are available at the following URL: http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html.
Please refer to these documents for information on these species. The
marine mammals likely to be affected by work in the Bridge area are
limited to harbor seals and California sea lions.
Harbor seals are widely distributed in the North Atlantic and North
Pacific, and is the only marine mammal species expected to be found
regularly in the Bridge area. The minimum size of the California harbor
seal population is estimated at 25,720 animals (Forney et al., 2003). A
more detailed description of harbor seals was provided in the 1997
proposed notification of issuance of an authorization (62 FR 46480,
September 3, 1997) with corrections and clarifications provided on
December 23, 1997 (62 FR 67045). This information is not repeated here,
but may be found in those Federal Register notices. Pups are born in
mid- to late-March, peak numbers of pups are observed in early May,
and, by the first week in June, all pups are weaned (Kopec and Harvey,
1995). Estimated total mother and pup pairs at Castro Rocks were 35 in
1999, 40 in 2000 and 40 in 2001 (A. Bohorquez pers. comm in Green et
al., 2001). This represents approximately 22-24 percent of the pups
born in SFB annually. The maximum number of individual pups hauled out
at Castro Rocks from 2002 to 2004 were 44, 48 and 56 pups, respectively
(Green et al., 2004). A maximum count of 594 adults and immature harbor
seals was recorded at Castro Rocks in the Winter of 2004 (Green et al.,
2004).
The California sea lion primarily uses the Central SFB area to
feed. California sea lions are periodically observed at Castro Rocks.
The minimum population size of the California sea lion (U.S. stock) is
estimated to be 138,881 (Forney et al., 2003). No pupping or regular
haulouts occur in the project area.
Potential Effects on Marine Mammals
The impact to the harbor seals and California sea lions is expected
to be disturbance by the presence of workers, construction noise, and
construction vessel traffic. Disturbance from these activities is
expected to have only a short-term negligible impact to approximately
600 adult and immature harbor seals, 50 harbor seal pups, and less than
5 sea lions annually (Green et al., 2004; Green, D., pers. comm. August
26, 2005). These disturbances will be reduced to the lowest level
practicable by implementation of the proposed work restrictions and
mitigation measures (see Mitigation).
Marine mammal monitoring under previous IHAs has been conducted at
Castro Rocks and at two ``control'' haul-out locations in SFB - Mowry
Slough and Yerba Buena Island (Green et al., 2004) since 1998. To date,
over 14,000 hours of observations have been conducted at these sites
with two-thirds of those hours at Castro Rocks. While disturbances can
consist of head alerts, approaches to the water, and flushes into the
water, only the latter behavior is considered by NMFS to be Level B
harassment under these circumstances. At Castro Rocks, of all flush
disturbances monitored during the day, the major harassment sources
were watercraft (e.g. motorboats, sailboats, tankers, kayaks and jet
skis) with 0.0990 disturbances/hr field time (d/hr); wildlife (seals
and birds) with 0.0635 d/hr; other man-made (debris, workmen on bridge,
other people) with 0.0695 d/hr; and automobiles with 0.0157 d/hr.
Construction activities resulted in 0.0165 d/hr. There were fewer
flushes observed at night. More detailed information on the extent of
disturbance at Castro Rocks by activities other than the requested
authorization is available in Green et al. (2004).
During the work period (July 16 through March 1), the incidental
harassment of harbor seals and, on rare occasions, California sea lions
is expected to occur on a daily basis. In addition, the number of seals
disturbed will vary daily depending upon tidal elevations. Monitoring
during construction periods by Green et al. (2004) indicates that
although overall seal numbers each month of the year are not
significantly different across years, there are differences in subsite
use by seals at Castro Rocks during both the daytime and nighttime. For
example, the average number of seals hauled out on Castro Rocks (rocks
A and C) during
[[Page 54033]]
the fall of 2001 (when construction activity was taking place within
the area of the haul-out site) was significantly different than the
average number of seals hauled out on Castro Rocks during 1998-2000,
prior to the construction period. For a more detailed discussion on the
distribution of harbor seals during the work and non-work periods and
levels of impact by various natural and anthropogenic disturbance
sources, please see Green et al. (2004) which is available upon request
(see ADDRESSES).
California sea lions have been shown to react to pile driving noise
by porpoising quickly away from the site (SRS Technologies, 2001), but
it is not known whether they will react to general construction noise
and move away from the rocks during construction activities. However,
sea lions are generally thought to be more tolerant of human activities
than harbor seals and are, therefore, less likely to be affected.
Potential Effects on Habitat
Short-term impacts of the activities are expected to result in a
temporary reduction in utilization of the Castro Rocks haulout site
while work is in progress or until seals acclimate to the disturbance.
This will not likely result in any permanent reduction in the number of
seals at Castro Rocks. The abandonment of Castro Rocks as a harbor seal
haulout and rookery is not anticipated since existing traffic noise
from the Bridge, commercial activities at the Chevron Long Wharf used
for off-loading crude oil, and considerable recreational boating and
commercial shipping that currently occur within the area have not
caused long-term abandonment. In addition, mitigation measures and work
restrictions are designed to preclude abandonment.
Therefore, as described in detail in CALTRANS (1996), other than
the potential short-term abandonment by harbor seals of part or all of
Castro Rocks during retrofit construction, no impact on the habitat or
food sources of marine mammals are likely from this construction
project.
Mitigation
Several mitigation measures to reduce the potential for harassment
will be implemented by CALTRANS as part of their activity. With the
exception of the Concrete Trestle Section, between 9 p.m. and 7 a.m. no
piles will be driven (i.e., no repetitive pounding of piles) on the
Bridge and noise levels will not exceed 86 dBA at 50 ft (15 m). Seismic
retrofitting will cease in the vicinity of Castro Rocks (piers 52
through 57) during the pupping/molting restriction period (March 1
through July 15).
Previous authorizations (1997-2001) required CALTRANS to comply
with the following mitigation measures: (1) A February 15 through July
31 restriction on work in the water south of the Bridge center line and
retrofit work on the Bridge substructure, towers, superstructure,
piers, and pilings from piers 52 through 57; (2) no watercraft will be
deployed by CALTRANS employees or contractors during the year within
the exclusion zone located between piers 52 and 57 except for when
construction equipment is required for seismic retrofitting of piers 52
through 57; and (3) minimize vessel traffic to the greatest extent
practicable in the exclusion zone when conducting construction
activities between piers 52 and 57. From 1997 through September 2002,
the boundary of the exclusion zone was rectangular in shape (1700 ft
(518 m) by 800 ft (244 m)), completely enclosing Castro Rocks and piers
52 through 57, inclusive. The northern boundary of the exclusion zone
was located 300 ft (91 m) from the most northern tip of Castro Rocks,
and the southern boundary was located 300 ft (91 m) from the most
southern tip of Castro Rocks. The eastern boundary was located 300 ft
(91 m) from the most eastern tip of Castro Rocks, and the western
boundary was located 300 ft (91 m) from the most western tip of Castro
Rocks. The exclusion zone is restricted as a controlled access area and
is marked off with buoys and warning signs for the entire year.
In 2002 (see 67 FR 61323, September 30, 2002), NMFS modified the
Work/Boat Exclusion Zone (W/BEZ) so that the eastern boundary was
shifted from 100 ft (31 m) east of Pier 57 to 100 ft (31 m) west of
Pier 57. This maintains a 400-ft (122-m) ``buffer'' as opposed to the
previous 600-ft (183-m) buffer, between the work at Pier 57 and ``A''
rock. This modification is reasonable based on observed seal behavior
during the construction within the W/BEZ that harbor seals adjusted
their location preference on Castro Rocks by moving westerly to rocks
further from the construction (see discussion previously in this
document). However, CALTRANS notes that there has not been a
statistically significant change in the total numbers of animals that
utilize the Castro Rocks haulout. The eastern boundary of the exclusion
zone was relocated to its original position at 300 ft (91 m) from the
most eastern tip of Castro Rocks upon conclusion of work at Pier 57.
This IHA does not include any further changes of the exclusion zone and
will be identical to the previous IHA.
In addition to shifting the W/BEZ, in 2002, NMFS extended the
period in which work was allowed in the vicinity of Castro Rocks from
February 15th to March 1st. CALTRANS requested this modification due to
unforseen circumstances affecting the ability of the contractor to the
seismic retrofit work on Pier 57. The original Work Closure Period
(February 15-July 31) was designed to encompass the entire harbor seal
pupping and breeding seasons and nearly the entire molting season at
Castro Rocks. Thus, the Work Closure Period included the entire pupping
season at Castro Rocks and a substantial pre-pupping period when
females are moving into pupping areas (see 62 FR 67045, December 23,
1997). Moving the start of the Work Closure Period from February 15th
to March 1st still provides a 2-week window prior to the onset of
successful pupping (March 15th), and because NMFS did not find
scientific evidence indicating that female harbor seals need a ``quiet
period'' from general noise in order to pup successfully, NMFS
determined that shifting the Work Closure Period from February 15th to
March 1st would not have a significant impact on harbor seal pupping.
In 2002, NMFS also modified the date at which work is allowed to
start in the vicinity of Castro Rocks from August 1st to a new date of
July 16th. As mentioned in previous documents, newborn harbor seal pups
are able to swim immediately after birth (Zeiner et al., 1990) and pups
are weaned by the first week of June. Therefore, terminating the
Closure Period on July 16th is not expected to affect pup survival.
Under previous authorizations, the July 31st ending date for the Work
Closure Period was established to protect harbor seals during the
molting season. However, those documents also noted that NMFS believed
that it is likely that harbor seals evolved adaptive mechanisms to deal
with exposure to the water during the molt. For example, on some harbor
seal haul-outs (such as Castro Rocks) during the molting season seals
must enter the water once or even twice a day due to tidal fluctuations
limiting access to the haul-out. Also, since harbor seals lose hair in
patches during the molt, they are never completely hairless and would
not be as vulnerable to heat loss in the water during this period
compared to other seals (e.g., elephant seals) that lose their all
their hair at one time. Finally, NMFS notes that if the levels of
harbor seal disturbance during the molt are relatively high, seals are
likely to utilize other local haul-out sites during the
[[Page 54034]]
molt (DeLong, R., pers. comm. 1997; Hanan, D., pers. comm. 1997;
Harvey, J., pers. comm. 1997). Hanan (1996) found that although harbor
seals tagged at an isolated southern California haul-out tended to
exhibit site-fidelity during the molt, some seals were observed molting
at other nearby haul-outs. Based on these reasons, NMFS determined that
terminating the Closure Period on July 16th would not significantly
affect harbor seals in general or molting seals at Castro Rocks in
particular.
Monitoring
NMFS will require CALTRANS to continue to monitor the impact of
seismic retrofit construction activities on harbor seals at Castro
Rocks. Monitoring will be conducted by one or more NMFS-approved
monitors. CALTRANS is to monitor at least one additional harbor seal
haulout within San Francisco Bay to evaluate whether harbor seals use
alternative haulout areas as a result of seismic retrofit disturbance
at Castro Rocks.
The monitoring protocol will be divided into the Work Period Phase
(July 16 through February 28) and the Closure Period Phase (March 1
through July 15). During the Work Period Phase and Closure Period
Phase, the monitor(s) will conduct observations of seal behavior at
least 3 days/week for approximately one tidal cycle each day at Castro
Rocks. The following data will be recorded: (1) number of seals and sea
lions on site; (2) date; (3) time; (4) tidal height; (5) number of
adults, subadults, and pups; (6) number of individuals with red pelage;
(7) number of females and males; (8) number of molting seals and sea
lions; and (9) details of any observed disturbances. Concurrently, the
monitor(s) will record general construction activity, location,
duration, and noise levels. At least two nights/week, the monitor will
conduct a harbor seal and sea lion census after midnight at Castro
Rocks. In addition, during the Work Period Phase and prior to any
construction between piers 52 and 57, inclusive, the monitor(s) will
conduct baseline observations of seal and sea lion behavior at Castro
Rocks and at the alternative site(s) once a day for a period of five
consecutive days immediately before the initiation of construction in
the area to establish pre-construction behavioral patterns. During the
Work Period and Closure Period Phases, the monitor(s) will conduct
observations of seal and sea lion behavior, and collect appropriate
data, at the alternative Bay haulout at least three days/week (Work
Period) and two days/week (Closure Period), during a low tide.
In addition, NMFS will require that, immediately following the
completion of the seismic retrofit construction of the Bridge, the
monitor(s) will conduct observations of seal and sea lion behavior, at
Castro Rocks, at least five days/week for approximately 1 tidal cycle
(high tide to high tide) each day, for one week/month during the months
of April, July, October, and January. At least two nights/week during
this same period, the monitor will conduct an additional harbor seal
and sea lion census after midnight.
Reporting
Under previous IHAs, CALTRANS has provided monitoring reports
(Green et al., 2001, 2002, 2003, 2004) that are used by NMFS to help
assess the effectiveness of the mitigation measures and corroborate our
negligible impact determination. Copies of these reports are available
upon request (see ADDRESSES).
CALTRANS will provide weekly reports to the Southwest Regional
Administrator (Regional Administrator), NMFS, including a summary of
the previous week's monitoring activities and an estimate of the number
of harbor seals and sea lions that may have been disturbed as a result
of seismic retrofit construction activities. These reports will provide
dates, time, tidal height, maximum number of harbor seals ashore,
number of adults, sub-adults and pups, number of females/males, number
of harbor seals with a red pelage, and any observed disturbances. A
description of retrofit activities at the time of observation and any
sound pressure levels measurements made at the haulout will also be
provided. A draft 6-month interim report must be submitted to NMFS by
March 06, 2006.
Because seismic retrofit activities may continue beyond the date of
expiration of this IHA (presumably under a new IHA), a draft final
report must be submitted to the Regional Administrator within 90 days
after the expiration of this IHA. A final report must be submitted to
the Regional Administrator within 30 days after receiving comments from
the Regional Administrator on the draft final report. If no comments
are received from NMFS, the draft final report will be considered to be
the final report.
CALTRANS will provide NMFS with a follow-up report on the post-
construction monitoring activities within 18 months of project
completion in order to evaluate whether haulout patterns are similar to
the pre-retrofit haul-out patterns at Castro Rocks.
National Environmental Policy Act
NMFS prepared an Environmental Assessment (EA) in 1997 that
concluded that the impacts of CALTRANS' seismic retrofit construction
of the Richmond-San Rafael Bridge will not have a significant impact on
the human environment. A copy of that EA, which includes the Finding of
No Significant Impact (FONSI) is available upon request (see
ADDRESSES). This action has not changed significantly from the action
analyzed in the 1997 EA. Therefore, this action is not expected to
change the analysis or conclusion of the 1997 EA.
Endangered Species Act (ESA)
On January 27, 1997, NMFS completed consultation under section 7 of
the ESA with the Federal Highway Administration (FHWA) on Caltrans'
proposed seismic retrofit work on the Richmond-San Rafael Bridge. That
consultation concluded that the project is not likely to adversely
affect winter-run chinook salmon. Because the proposed underlying
action has not changed significantly from that considered in the
consultation, NMFS has preliminarily determined that issuance of an IHA
will not lead to any effects to listed species nor critical habitat for
any species apart from those that were considered in the consultation
on FHWA's action.
Conclusions
NMFS has determined that the short-term impact of the seismic
retrofit construction of the Bridge, as described in this document,
should result, at worst, in the temporary modification in behavior by
small numbers of harbor seals and, possibly, by small numbers of
California sea lions. While behavioral modifications, including
temporarily vacating the haulout, may be made by these species to avoid
the resultant visual and acoustic disturbance, this action is expected
to have a negligible impact on the animals. In addition, no take by
injury and/or death is anticipated, and harassment takes will be at the
lowest level practicable due to incorporation of the mitigation
measures mentioned previously in this document.
Authorization
For the reasons previously discussed, NMFS has reissued an IHA for
a 1-year period, for the incidental harassment of harbor seals and
California sea lions incidental to CALTRANS' seismic retrofit of the
Richmond-San Rafael Bridge, San Francisco Bay, CA, provided the above
mentioned mitigation, monitoring, and reporting
[[Page 54035]]
requirements are incorporated without the submission of additional
scientific information.
Dated: September 6, 2005.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 05-18089 Filed 9-12-05; 8:45 am]
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