[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Notices]
[Pages 7627-7629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3681]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 010599B]


Small Takes 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 receipt of application and proposed authorization for 
a small take exemption; request for comments.

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SUMMARY: NMFS has received a request from the California Department of 
Transportation (CALTRANS) for renewal of an authorization to take small 
numbers of Pacific harbor seals and possibly California sea lions by 
harassment incidental to seismic retrofit construction of the Richmond-
San Rafael Bridge, San Francisco Bay, CA (the Bridge). Under the Marine 
Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to reauthorize CALTRANS to incidentally take, by harassment, 
small numbers of marine mammals in the above mentioned area for a 
period of 1 year.

DATES: Comments and information must be received no later than March 
18, 1999.

ADDRESSES: Comments on the application should be addressed to the 
Chief, Marine Mammal Division, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910-3225. A copy of the 
application, an Environmental Assessment (EA) and a list of references 
cited in this document may be obtained by writing to this address or by 
telephoning one of the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, or Irma Lagomarsino, 
Southwest Regional Office, NMFS, (562) 980-4016.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
directs the Secretary of Commerce 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 either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    Permission may be granted if NMFS finds that the taking will have a 
negligible impact on the species or stock(s) and 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 takings 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. The MMPA now defines ``harassment'' as:

     ...any act of pursuit, torment, or annoyance which (a) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild; or (b) 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.

    Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
small numbers of marine mammals. Within 45 days of the close of the 
comment period, NMFS must either issue or deny issuance of the 
authorization.

[[Page 7628]]

Summary of Request

    On November 9, 1998, NMFS received an application from CALTRANS, 
requesting reauthorization of an Incidental Harassment Authorization 
(IHA) issued on December 16, 1997 (62 FR 6704, December 23, 1997). This 
authorization would be 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 December 
2001. A detailed description of the work planned is contained in 
CALTRANS (1996). Among other things, seismic retrofit work 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 time. In addition to pier retrofit, 
superstructure construction and tower retrofit work will also be 
carried out. The construction duration for the seismic retrofit of 
foundation and towers on piers 52 through 57 will be approximately 7 to 
8 months.
    Although the seismic retrofit construction between piers 52 and 57 
did not take place during 1998, because this work may potentially 
result in disturbance of pinnipeds at Castro Rocks, reauthorization of 
the IHA is warranted.

Description of Habitat and Marine Mammals Affected by the Activity

    A description of the San Francisco Bay ecosystem and its associated 
marine mammals can be found in the CALTRANS application (CALTRANS 1997) 
and 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 and end at approximately 250 ft (76 m) from pier 53. 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 Barlow et al. 
(1995). The marine mammals likely to be found in the Bridge area are 
limited to the California sea lion and harbor seal.
    The California sea lion primarily uses the Central San Francisco 
Bay area to feed. California sea lions are periodically observed at 
Castro Rocks. No pupping or regular haulouts occur in the project area.
    The harbor seal is the only marine mammal species found in the 
Bridge area in significant numbers. A detailed description of harbor 
seals was provided in the 1997 notice of proposed authorization (62 FR 
46480, September 3, 1997) and is not repeated here. Corrections and 
clarifications to the proposed authorization were provided in the 
notice of IHA issuance (62 FR 67045, December 23, 1997).

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 a short-term negligible impact to a small number of 
harbor seals and sea lions. These disturbances will be reduced by 
implementation of the proposed work restrictions and mitigation 
measures (see Mitigation).
    During the work period, harbor seal and, on rare occasions, 
California sea lion incidental harassment is expected to occur on a 
daily basis upon initiation of the retrofit work. If harbor seals no 
longer perceive construction noise and activity as being threatening, 
they are likely to resume their regular hauling out behavior. The 
number of seals disturbed will vary daily depending upon tidal 
elevations. It is expected that disturbance to harbor seals during peak 
periods of abundance will not occur since construction activities will 
not take place within the restricted work area during the peak period 
(see Mitigation).
    Whether California sea lions will react to construction noise and 
move away from the rocks during construction activities is unknown. Sea 
lions are generally thought to be more tolerant of human activities 
than harbor seals and are, therefore, likely to be less affected.

Potential Effect on Habitat

    Short-term impacts of the activities are expected to result in a 
temporary reduction in utilization of the Castro Rocks haul out 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 
haul out 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 
proposed 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 general 
noise will be implemented by CALTRANS as part of their proposed 
activity. General restrictions include: No piles will be driven (i.e., 
no repetitive pounding of piles) on the Bridge between 9 p.m. and 7 
a.m., an imposition of a construction noise limit of 86 dBA at 50 ft 
(15 m) between 9 p.m. and 7 a.m., and a limitation on construction 
noise levels for 24 hrs/day in the vicinity of Castro Rocks during the 
pupping/molting restriction period.
    To minimize potential harassment of marine mammals, NMFS proposes 
to require 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 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 in the exclusion zone when 
conducting construction activities between piers 52 and 57. The 
boundary of the exclusion zone is rectangular in shape (1700 ft (518 m) 
by 800 ft (244 m)) and completely encloses Castro Rocks and piers 52 
through 57, inclusive. The northern boundary of the exclusion zone will 
be located 250 ft (76 m) from the most northern tip of Castro Rocks, 
and the southern boundary will be located 250 ft (76 m) from the most 
southern tip of Castro Rocks. The eastern boundary will be located 300 
ft (91 m) from the most eastern tip of Castro Rocks, and the western 
boundary

[[Page 7629]]

will be located 300 ft (91 m) from the most western tip of Castro 
Rocks. This exclusion zone will be restricted as a controlled access 
area and will be marked off with buoys and warning signs for the entire 
year.

Monitoring

    NMFS will require CALTRANS 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 hauling-out areas as a result of seismic retrofit 
disturbance at Castro Rocks.
    The monitoring protocol will be divided into the Work Period Phase 
(August 1 through February 14) and the Closure Period Phase (February 
15 through July 31). 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 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 (9) 
details of any observed disturbances. Concurrently, the monitor(s) will 
record general construction activity, location, duration, and noise 
levels. At least 2 nights/week, the monitor will conduct a harbor seal 
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 
behavior once a day for a period of 5 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 
behavior at the alternative San Francisco Bay harbor seal haulout at 
least 3 days/week (Work Period) and 2 days/week (Closure Period), 
during a low tide.
    In addition, NMFS proposes to require that, immediately following 
the completion of the seismic retrofit construction of the Bridge, the 
monitor(s) will conduct observations of seal behavior at least 5 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 2 nights/week, the monitor will conduct an additional 
harbor seal census after midnight.

Reporting

    NMFS proposes to require CALTRANS to provide weekly reports to the 
Southwest Regional Administer, NMFS, including a summary of the 
previous week's monitoring activities and an estimate of the number of 
harbor seals 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 and sub-adults, number of females/males, number of redcoats, 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 final report must be submitted to the Southwest Regional 
Administrator no less than 90 days before the expiration of the 
CALTRANS IHA. A final report must be submitted to the Southwest 
Regional Administrator within 30 days after receiving comments from the 
Regional Administrator on the draft 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 haul-out patterns are similar 
to the pre-retrofit haul-out patterns at Castro Rocks.

National Environmental Policy Act

    NMFS prepared an EA in 1997 that concluded that the impacts of 
CALTRANS' seismic retrofit construction of the Bridge will not have a 
significant impact on the human environment. A copy of that EA is 
available upon request (see ADDRESSES).

Conclusions

    NMFS has preliminarily determined that the short-term impact of a 
seismic retrofit construction of the Bridge will result, at worst, in a 
temporary modification in behavior by harbor seals and possibly by some 
California sea lions. While behavioral modifications, including 
temporarily vacating the haulout, may be made by these species to avoid 
the resultant noise, this action is expected to have a negligible 
impact on the animals. In addition, no take by injury and/or death is 
anticipated, and takes will be at the lowest level practicable due to 
incorporation of the mitigation measures mentioned earlier in this 
document.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization to 
CALTRANS for the possible harassment of small numbers of harbor seals 
and California sea lions incidental to seismic retrofit construction of 
the Bridge, provided the above mentioned mitigation, monitoring, and 
reporting requirements are incorporated. NMFS has preliminarily 
determined that the proposed activities would result in the harassment 
of only small numbers of harbor seals and possibly California sea lions 
and will have no more than a negligible impact on these marine mammal 
stocks.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: February 9, 1999.
P. Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 99-3681 Filed 2-12-99; 8:45 am]
BILLING CODE 3510-22-F