[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Notices]
[Pages 2375-2381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-953]


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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.


[[Page 2376]]


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) as amended, 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 
Pacific harbor seals and possibly California sea lions, by harassment, 
incidental to seismic retrofit construction of the Richmond-San Rafael 
Bridge (the Bridge), San Francisco Bay, (the Bay) CA.

DATES: This authorization is effective from September 1, 2000, through 
August 31, 2001.

ADDRESSES: A copy of the application and an Environmental Assessment 
(EA) may be obtained by writing to Donna Wieting, Chief, Marine Mammal 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225, 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 Christina Fahy, Southwest 
Regional Office, NMFS, (562) 980-4023.

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.

Summary of Request

    On November 9, 1998, NMFS received an application from CALTRANS, 
requesting reauthorization of an 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 
2003. 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). 
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. Because seismic retrofit construction between piers 52 and 
57 has the potential to disturb harbor seals hauled out on Castro 
Rocks, a reauthorization of the IHA is warranted. The duration for the 
seismic retrofit of foundation and towers on piers 52 through 57, which 
did not take place as planned during 1998, will be approximately 7 to 8 
months.

Comments and Responses

    A notice of receipt of the application and proposed authorization 
was published on February 16, 1999 (64 FR 7627), and a 30-day public 
comment period was provided on the application and proposed 
authorization. Comments were received from two environmental 
organizations, two research scientists, and one Federal agency.
    On May 19, 1999, CALTRANS requested a delay in the issuance of the 
IHA with an effective date of September 1, 1999. On July 7, 1999, 
CALTRANS requested a modification of condition 5(d) that was contained 
in its 1997 IHA to allow pile installation during the night for 
construction of the Concrete Trestle Section (CTS) of the Bridge, 
provided the noise does not exceed 86 dBA at the edge of the work 
exclusion zone at Castro Rocks. NMFS review of this request is also 
contained in this section. Finally, in December, 1999, CALTRANS 
informed NMFS that work on the Bridge would not begin until September, 
2000.
    Comment 1: Earthwatch provided detailed scientific evidence and 
information that the stock of Pacific harbor seals (Phoca vitulina 
richardsii) should be considered by NMFS as a separate population 
stock, including reduced gene flow with other populations, and 
geographic and demographic isolation.
     Response: The scientific evidence and information provided by 
Earthwatch has been forwarded to NMFS scientists for review and 
evaluation. If experts on harbor seal genetics agree that the data 
support the conclusion, NMFS will present the case to the Pacific 
Scientific Review Group before revising the stock assessment reports to 
change Pacific harbor seal stock structure.
    Comment 2: Earth Island Institute (EII)/Earthlaw letters contend 
that the Boat Exclusion Zone (BEZ), which is a mitigation requirement 
in the prior IHA, has no scientific basis and does little to eliminate 
seal disturbance due to boat traffic. Scientific information from 
Bolinas Lagoon indicates that harbor seals often flush into the water 
when boats or other craft come within 200 m (656.2 ft) of a haulout 
site, and using that example, Earthlaw contends that boats will come 
close enough to Castro Rocks to flush harbor seals approximately 95 
percent of the time. Data summarized by EII suggest that an exclusion 
zone of 200 m (656.2 ft) will

[[Page 2377]]

still result in at least a partial flush of seals of between 24 and 63 
percent of the time.
    Response: The requirement of the MMPA is that, through mitigation, 
impacts on marine mammals be reduced to the lowest level practicable; 
it is not a requirement to eliminate those impacts. The 1997 IHA 
required the northern boundary of the exclusion zone to be located 76 m 
(250 ft) from the most northern tip of Castro Rocks and the southern 
boundary to be located 76 m (250 ft) from the most southern tip of 
Castro Rocks. The eastern boundary was located 91 m (300 ft) from the 
most eastern tip of Castro Rocks and the western boundary was located 
91 m (300 ft) from the most western tip of Castro Rocks. These 
distances were greater than initially proposed (see 62 FR 46480, 
September 3, 1997). In actuality, the BEZ is a rectangle with minimum 
distances set at 109 m (357.6 ft) to the west of the haulout site, 182 
m (597 ft) to the east, 80 m (262.5 ft) to the north and 48 m (157.5 
ft) to the south.
    Data collected by the harbor seal survey team at Castro Rocks 
indicate that watercraft passing within 100 m (328 ft) of the haul-out 
site caused at least a partial flush 30 percent of the time. Watercraft 
passing between 100 and 200 m (328 and 656.2 ft) from the rocks caused 
at least a partial flush 20 percent of the time. Combined, watercraft 
passing within 200 m (656.2 ft) of the rocks caused at least a partial 
flush 27 percent of the time. While Earthlaw references Bolinas Lagoon 
to justify a minimum BEZ for Castro Rocks, harbor seal responses to 
disturbance vary depending upon location. Bolinas Lagoon is a different 
situation and may not be comparable to Castro Rocks (Sarah Allen, pers 
commun. to the harbor seal survey team). For example, at Castro Rocks, 
harbor seals located on the rocks closest to the shipping channel to 
the west of the haulout appear to have habituated to the presence of 
boats within the channel. However, the behavior of the watercraft, in 
conjunction with the distance, often dictates whether seals are 
disturbed (Green and Grigg, 1999; see Suryan and Harvey, 1999).
    As a result of the comment however, NMFS reviewed the dimensions of 
the BEZ and determined that the northern and southern boundaries do not 
conform with NMFS guidelines for California that boats must remain at 
least 91 m (300 ft) from seals and sealions that are on land or rocks. 
As a result the northern and southern boundaries of the BEZ have been 
extended in the IHA from 76 m (250 ft) to 91 m (300 ft). Nevertheless, 
it should be noted neither the extension of the northern edge of the 
BEZ, nor the previous BEZ will prohibit work boats from accessing the 
Bridge from the north side for scheduled work on the Bridge.
     Comment 3: The IHA requires that the BEZ will be restricted as a 
controlled access area and will be marked off with buoys and warning 
signs for the entire year (2-5(b)). Although construction activities 
have been ongoing for many months now, no warning buoys or signs 
identifying the BEZ have been installed. NMFS should ensure that buoys 
and signs are in place before it issues any new IHA.
    Response: According to CALTRANS, seismic retrofit construction has 
not begun on the Richmond-San Rafael Bridge. Once construction begins, 
the buoys and warning signs will be installed and the BEZ will become a 
controlled access area in accordance with the IHA.
    Comment 4: The sources of disturbance and the distance between the 
haul-out and the disturbance event are critical pieces of information 
since they may be used to evaluate the effectiveness of mitigation. 
This information should be recorded and provided in the weekly reports. 
In addition, disturbance events caused by workmen should not be grouped 
with disturbance caused by natural events. Workman disturbances are 
directly relevant to potential future impacts and mitigation.
    Response: Because seismic retrofit work has not yet begun on the 
Bridge, the instances of recorded ``other construction'' disturbances 
(e.g., routine bridge maintenance) in the area of the haul out site are 
very rare, and were therefore combined with other miscellaneous 
categories for the purposes of the interim report. Once seismic 
retrofit work begins, the monitoring protocol will enable CALTRANS 
observers to distinguish between disturbance which may be caused by the 
CALTRANS retrofit construction, and those due to all other causes.
    Comment 5: The monitoring program currently makes no provision for 
enforcing noise restrictions contained in the IHA. The IHA includes a 
year-round limit on construction noise of 86 dBA at 50 ft (15 m) 
between 9 p.m. and 7 a.m. It also includes an unquantified limit on 
construction noise levels for 24 hours per day in the vicinity of 
Castro Rocks during the work closure period (pupping/molting season). 
The limit on construction noise levels during the pupping season needs 
to be quantified by NMFS. In addition, for both the nighttime and work 
closure noise restriction periods, noise levels should be defined in 
term of dBA at the haulout site.
    Response: Because NMFS is unaware of any single noise level that 
will not result in adult and/or pup harbor seals remaining on the beach 
and still allow work on the Bridge to proceed, at this time NMFS has 
chosen not to establish sound pressure level (SPL) limits at the Castro 
Rocks haulout as recommended by Earthlaw. NMFS believes, based on 
information collected at Vandenberg Air Force Base, that the noise 
level sufficient for harbor seals to leave the beach is around 80 dBA, 
but this may depend upon the type of noise, intensity, and duration, 
which could be different at the Bridge from that experienced by harbor 
seals at Vandenberg. With a limit of 86 dBA at 50 ft (15 m) for work on 
the Bridge between 9 p.m. and 7 a.m., NMFS believes that noise levels 
have been mitigated to the greatest extent practicable. However, NMFS 
intends to monitor the activity at the Bridge to ensure that 86 dBA is 
the lowest level practicable. NMFS also believes that the pupping on 
Castro Rocks during the period of this IHA will be protected from 
excessive noise levels because work on the Bridge will not begin until 
September, 2000, and proceed from west to east. CALTRANS does not 
expect to begin retrofit work in the vicinity of Castro Rocks until 
approximately August, 2001. This date will allow CALTRANS' biological 
observers time to assess impacts from construction on harbor seals 
prior to reaching the area affecting Castro Rocks. NMFS believes that 
the noise issue is more likely to be relevant in any IHA authorized 
after August 31, 2001, when work will continue on the portion of the 
Bridge nearest to Castro Rocks. As a result, NMFS believes that a 
reassessment of this concern should be made during the next IHA 
renewal.
    Contrary to the statement, NMFS enforces mitigation measures 
contained in IHAs. Violations of IHAs may result in suspension or 
revocation of the IHA; it may also result in penalties under the MMPA. 
However, NMFS does not believe that biological observers, hired by 
CALTRANS and/or NMFS, should be expected to monitor compliance with 
Federal or state regulations or permits. Generally, if calibrated sound 
monitoring equipment is used by an observer(s) in order to quantify the 
sound pressure level as seals leave the haulout, then that data could 
later be used during an enforcement proceeding.

[[Page 2378]]

    Comment 6: On July 7, 1999, CALTRANS requested a modification to 
condition 5(d), that was contained in its 1997 IHA, to allow pile 
installation during the night (i.e., during the 9 p.m. to 7 a.m. time 
period) for construction of the CTS of the Bridge, provided the noise 
does not exceed 86 dBA at the edge of the work exclusion zone at Castro 
Rocks.
    Response: NMFS has reviewed the request by CALTRANS and has 
determined that, because the CTS is located over 2.5 miles (4.0 km) 
from Castro Rocks it should not have an effect on seals hauled out 
there. Also, because the 9 p.m. to 7 a.m. pile driving prohibition is a 
mitigation measure imposed for the welfare of humans, it should not be 
required as a mitigation measure for marine mammal protection when and 
where it is not necessary. Data provided by CALTRANS indicated that 
noise levels from the pile driving equipment planned to be used at the 
CTS will exceed the 86 dBA at 50 ft SPL limitation. The 86 dBA SPL will 
be around 200 ft (61 m). Because of the distance between the CTS and 
Castro Rocks, NMFS does not believe that the noise will be sufficient 
to flush harbor seals off Castro Rocks. However, because sound monitor 
equipment on Castro Rocks will monitor noise levels during this time, 
if, because pile driving will continue after 9 p.m. at the CTS, seals 
are not able to haul out at night, NMFS may need to amend the IHA, on 
an emergency basis, to provide additional protection for the harbor 
seals at Castro Rocks in order for the seals to haul out at night in 
compensation for disruptions during the daytime. This haul-out ability 
is apparently important for the seals. This concern was also expressed 
by two seal biologists during the comment period. As a result, NMFS has 
conditioned the IHA to limit construction noise levels 86 dBA no 
greater than 50 ft (15 m) year-round between 9 p.m. and 7 a.m. for all 
parts of the Bridge other than the CTS. At this time, NMFS has 
insufficient information to waive this restriction for other sections 
of the Bridge. Additional waivers would be considered a request for a 
modification of the IHA, and, as such, would allow the public an 
opportunity for comment.
     Comment 7: It has been recommended that monitoring compliance with 
noise restrictions be conducted by mounting a sound monitor on Rock A 
at Castro Rocks with a remote recording system.
    Response: A monitoring recorder will be established on Castro Rocks 
to correlate SPLs with animal behavior.
    Comment 8: Ongoing monitoring of only two of the alternative haul-
out sites in the Bay is insufficient to determine whether harbor seals 
use alternative haulout sites as a result of disturbance at Castro 
Rocks. EII recommends aerial counts, conducted three times per season, 
over the entire Bay to determine whether seals are using other primary 
or secondary haul-out sites in the Bay due to disturbance at Castro 
Rocks. Unless all haulout sites are monitored, CALTRANS will not be 
able to determine whether a decline in numbers at Castro Rocks due to 
Project disturbance is resulting in a decline in the overall harbor 
seal population in the Bay. Given the budget for the Project, 12 aerial 
surveys per year will not be unduly burdensome or prohibitively 
expensive, and will provide a much better understanding of Bay harbor 
seal movement and status, as well as increased general knowledge of the 
species (see 50 CFR Sec. 216.104) - monitoring should increase general 
knowledge of the species).
    Response: In the 1997/1998 IHA, NMFS required CALTRANS to monitor 
harbor seal behavior on at least one additional haulout. CALTRANS 
established monitoring programs on two alternative haulouts, at Yerba 
Buena Island and Mowry Slough. Yerba Buena Island is in the central 
Bay, Mowry Slough is in the southern part of the Bay. In addition, seal 
biologists are monitoring the haulout at Corte Madera. Because these 
four haulouts have the largest populations of seals, and because other 
haul-outs cannot contain large numbers of seals, if seals abandon 
Castro Rocks, it is likely that they will haul out on one or more of 
these three haulouts.
    At this time, NMFS scientists do not believe that aerial surveys 
will provide sufficient scientific information on the impacts from 
construction at the Bridge to warrant the expense. Primarily, aerial 
surveys will detect only that portion of the harbor seal population 
that has hauled out at the time of the overflight and at altitudes 
necessary to avoid startling seals (1,000 ft (305 m)), pups would not 
be detectable. Secondly, without additional studies, such as a mark-
recapture study, aerial surveys are unlikely to detect a decline in 
harbor seal numbers due to a potential short-term abandonment of Castro 
Rocks. Finally, while aerial surveys would provide information on the 
current status of Bay harbor seals, a cause-and-effect relationship 
between the construction work at the Bridge, and a decline in harbor 
seals, if one occurs, would not be apparent.
    Comment 9: Earthwatch requests NMFS to provide to them and to the 
public copies of all weekly, interim, and final reports.
    Response: CALTRANS will provide copies of reports to Earthwatch or 
an organization chosen by Earthwatch to obtain these reports.
     Comment 10: The monitoring and reporting program adopted in the 
prior IHA and proposed for the renewal does not provide any feedback 
mechanism for corrective action where the Project activities are 
resulting in significant increased disturbance to harbor seals using 
Castro Rocks. Such a corrective action mechanism is critical to prevent 
the permanent loss of this key haulout site. Once harbor seals abandon 
a site, there is a good likelihood that they will never return to it.
    Accordingly, the IHA should contain a defined and enforceable 
procedure to be followed whenever the weekly data demonstrates a 
significant reduction in haulout site use at Castro Rocks. Once the 
corrective action provision is triggered, Earthlaw recommends that 
operations in the vicinity of Castro Rocks be temporarily halted for a 
period of at least 48 hours, during which time survey monitors, NMFS 
and Caltrans review the data to determine what is causing the reduced 
site use and develop appropriate mitigating measures. Such a situation 
could occur at any time of the year.
    Response: NMFS will not require CALTRANS to stop work if seal 
disturbances are observed because, it has been informed, certain 
construction operations cannot be stopped in progress without 
jeopardizing the structural integrity of the Bridge. In addition, 
stopping construction will simply extend the period for harbor seal 
disturbance. While NMFS does not believe that harbor seals will 
permanently abandon Castro Rocks since disturbance at that location is 
already frequent, NMFS does recognize that seismic retrofit on the 
portion of the Bridge closest to Castro Rocks is likely to result in 
frequent flushing of seals off the Rocks, and possibly short-term 
abandonment. This period may last 7-8 months (the period estimated for 
retrofit construction) or longer. In part because of the limited 6-
month work period, CALTRANS expects this work will take 2 years. With 
nighttime noise restrictions, NMFS believes that seals will be able to 
remain in the vicinity of Castro Rocks and haul-out during this quieter 
time period. If seals fail to haul out at night, and do not appear to 
be utilizing other nearby haulouts, NMFS will meet with CALTRANS staff 
and marine mammal observers to determine whether additional mitigation 
measures are practicable. Because any new

[[Page 2379]]

mitigation measures imposed through the IHA would be on an emergency 
basis for the protection of harbor seals, advance notice and comment 
will not be provided.
    NMFS does not anticipate long-term abandonment of Castro Rocks as 
existing traffic noise from the Bridge, commercial activities at the 
Chevron Long Wharf, and considerable recreational boating and 
commercial shipping that currently occur within the area have not 
caused long-term abandonment. However, if long-term abandonment were to 
occur at Castro Rocks, which is the haulout location for approximately 
25 percent of the Bay harbor seals, this should not result in more than 
a negligible impact on either Bay harbor seals, or on the Pacific 
harbor seal stock itself. These animals are likely to either haul-out 
at other Bay haulouts or leave the Bay. As a result, NMFS does not 
expect the incidental harassment of harbor seals from construction 
activities at the Bridge to have more than a negligible impact on the 
Pacific Coast harbor seal stock.
    Furthermore, if any unauthorized marine mammal taking (e.g., 
serious injury or mortality) occurs as a result of seismic retrofit 
construction activities, CALTRANS will be subject to the penalties of 
the MMPA and NMFS will reevaluate the appropriateness of the IHA before 
CALTRANS reapplies for a new IHA next year, based on required reports 
(see Reporting section). Comment 11: In its May 19, 1999, letter 
CALTRANS requested that the IHA reauthorization be delayed until 
September, 1999.
    Response: NMFS noted that in its November, 1998 IHA application 
that CALTRANS' work schedule did not include seismic retrofit work on 
the Bridge until the summer of 1999. In its
    May 19, 1999, letter CALTRANS noted that work would not begin until 
February, 2000. That was later amended to September, 2000. Because 
construction work would not begin prior to this time, and work would 
progress from the west to east, marine mammals would not be subject to 
incidental harassment prior to that month and therefore, an IHA is 
unnecessary prior to that time. As a result, NMFS has made the IHA 
effective for 1 year commencing on September 1, 2000. It should be 
noted that this effective date in no way amends the February 15 through 
July 31 work restrictions on work in the water and on retrofit work on 
the Bridge between piers 52 through 57; instead, it authorizes the 
incidental harassment of harbor seals and California sea lions while 
work proceeds on other portions of the Bridge.

Description of Habitat and Marine Mammals Affected by the Activity

    A description of the 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 expected to be 
found in the Bridge area. A detailed description of harbor seals was 
provided in the 1997 notification 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 to the 
lowest level practicable 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 Effects 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 activity. 
General restrictions include: with the exception of the CTS, 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

[[Page 2380]]

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. 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 300 ft (91 m) from the most 
northern tip of Castro Rocks, and the southern boundary will be located 
300 ft (91 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 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 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 (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 at Castro Rocks and at the alternative site(s) 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, and collect 
appropriate data, at the alternative 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 Castro Rocks, 
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 during this same period, 
the monitor will conduct an additional harbor seal census after 
midnight.

Reporting

    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 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 
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 interim 
report must be submitted to NMFS by April 30, 2001.
    Because seismic retrofit activities are expected to 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 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, which 
includes the Finding of No Significant Impact is available upon request 
(see ADDRESSES).

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 
harbor seals and, possibly, by some California sea lions. While 
behavioral modifications, including temporarily vacating the haul-out, 
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 above.
    Since NMFS is assured that the taking will not result in more than 
the incidental harassment (as defined by the MMPA) of small numbers of 
Pacific harbor seals and, possibly, of California sea lions, would not 
have an unmitigable adverse impact on the availability of these stocks 
for subsistence uses, and would result in the least practicable impact 
on the stocks, NMFS has determined that the requirements of section 
101(a)(5)(D) have been met and the authorization can be issued.

Authorization

    For the above reasons, NMFS has issued an IHA for a 1-year period 
beginning September 1, 2000, for the incidental harassment of harbor 
seals and California sea lions by the seismic retrofit of the Richmond-
San Rafael Bridge, San Francisco Bay, California, provided the above 
mentioned mitigation, monitoring and reporting requirements mentioned 
earlier are incorporated.


[[Page 2381]]


    Dated: January 8, 2000.
Donald R. Knowles,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 00-953 Filed 1-13-00; 8:45 am]
BILLING CODE 3510-22-F