[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Notices]
[Pages 61323-61327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24758]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 062802C]


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 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 (SFB), CA.

DATES: This authorization is effective from September 23, 2002, through 
September 22, 2003.

ADDRESSES: A copy of the application 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, ext 128, or Christina Fahy, 
Southwest Regional Office, NMFS, (562) 980-4023.

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 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 and comment.
    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.''
    Section 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 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; 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.
    Section 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 May 28, 2002, NMFS received a letter from CALTRANS, requesting 
reauthorization of an IHA that was first issued to it on December 16, 
1997 (62 FR 6704, December 23, 1997), and was renewed on January 8, 
2000 (65 FR 2375, January 14, 2000) and September 19, 2001 (66 FR 
49165, September 26, 2001). The current IHA expires on September 18, 
2002. The renewed authorization would be for the harassment of small 
numbers of Pacific harbor seals (Phoca vitulina) and possibly 
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 until 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). 
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

[[Page 61324]]

out. 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. The duration for the seismic retrofit of foundation 
and towers on piers 52 through 57, which has not taken place as of this 
date, will take approximately 7 to 8 months to complete.

Comments and Responses

    A notice of receipt of the application and proposed authorization 
was published on July 24, 2002 (67 FR 48443), and a 30-day public 
comment period was provided on the application and proposed 
authorization. Comments were received only from the Marine Mammal 
Commission (the Commission).
    Comment 1: The Commission notes that CALTRANS is seeking to expand 
the currently authorized period during which work is allowed and the 
size of the work zone in the vicinity of those piers. Specifically, 
CALTRANS is requesting that: (1) the current work period of 1 August to 
15 February be extended to the time period from 16 July to 1 March, and 
(2) the location of the workboat exclusion zone (BEZ) be shifted from 
the currently authorized location of 100 ft (30.5 m) east of pier 57 to 
100 ft (30.5 m) west of the pier, thus reducing the buffer zone between 
activities being conducted at pier 77 and ``A'' rock at Castro Rocks 
from 600 ft (183 m) to 400 ft (122 m). The Commission believes that 
NMFS' preliminary determination concerning the changes to the work 
period are reasonable in view of the facts that there will still be a 
two-week window quiet period before the onset of pupping (approximately 
15 March), and disruptions in late August are likely to be less 
threatening to molting seals than they would be to mother/pup pairs 
during the reproductive period. However, the application does not 
provide the rationale for shifting the work zone closer to hauled-out 
seals. In addition, it does not provide sufficient information for 
evaluation of the potential effects for doing so. The existing evidence 
suggests that the seals have already modified their distribution due to 
construction activity. The CALTRANS application does not discuss 
whether the expansion of the work area might cause further disturbance 
to the seals, cause seals to abandon Castro Rocks completely, or 
whether there are alternative haul-out sites in the vicinity of Castro 
Rocks. Such information would facilitate an evaluation of whether the 
proposed expansion of the work area is likely to have more than a 
negligible effect. Although it expects that the effects would be 
negligible if they are short-lived (i.e., a single year), the 
Commission recommends that NMFS request the above information from 
CALTRANS to ensure that such is the case.
    Response: Information on CALTRANS' request to adjust the BEZ is 
discussed later in this document (see Mitigation). Over the past 
several years, the number of seals hauling out on Castro Rocks has 
increased slightly, including the time since construction has begun. 
Although CALTRANS has noted a shift in the use of Castro Rocks by the 
seals while work is going on in the immediate area, the overall numbers 
have not been reduced. Given that the overall seal population size at 
Castro Rocks have not been negatively impacted by construction, 
CALTRANS' request to adjust the dimensions of the BEZ to provide 
contractors access to pier 57 seems reasonable. Assuming that CALTRANS 
can continue monitoring from pier 55, CALTRANS will be able to assess 
the changes in the BEZ by comparing disturbances which occurred last 
year to the number of disturbances recorded once the BEZ dimensions are 
changed. By making this comparison (mainly using disturbances which 
cause a flush), CALTRANS will be able to assess if the changes in the 
exclusion zone are having a greater impact on the seals at Castro 
Rocks.
    If seals discontinue use of Castro Rocks due to construction work, 
they could potentially shift to another nearby site such as Yerba Buena 
Island (YBI), Angel Island, and Brooks Island. Although YBI could 
likely support more seals, both Angel Island and Brooks Island are 
typically used by a small number of seals - so seals may not use these 
two sites in high numbers. In addition, CALTRANS has also noted that, 
since the onset of construction activities, seals are using a couple of 
small structures located approximately 800 m (2,625 ft) to the north of 
the Bridge (slightly NE from Castro Rocks). However, these structures 
can probably only support approximately 12-15 seals. Monitoring impacts 
from this project can serve as a scientific experiment in that CALTRANS 
to determine the threshold limits (e.g. distance from construction 
activity) for disturbance to harbor seals. Although shifting the BEZ 
may cause further disturbances to the seals, we do not know how/if 
these disturbances will impact the seals. However, given that CALTRANS 
has not seen a significant decline in seal numbers at Castro Rocks due 
to construction thus far, it does not anticipate that the seals will 
permanently abandon Castro Rocks as a result of changing the dimensions 
of the BEZ. If the changes in the BEZ dimensions appear to have more 
than a negligible impact on the seals, CALTRANS will request that the 
BEZ be moved back out to the original dimensions when the IHA is 
requested to be renewed in September 2003. Also, the eastern boundary 
of the exclusion zone will be relocated 300 ft (91 m) from the most 
eastern tip of Castro Rocks upon conclusion of work at Pier 57.

Description of Habitat and Marine Mammals Affected by the Activity

    A description of the affected SFB ecosystem and its associated 
marine mammals can be found in the original 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), which are available at the following URL: http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html. 
Refer to those 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.
    The harbor seal is the only marine mammal species expected to be 
found regularly 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) with corrections and clarifications 
provided in the notice of IHA issuance (62 FR 67045, December 23, 
1997). This information is not repeated here.
    It should be noted that 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 pup 
counts 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

[[Page 61325]]

approximately 22-24 percent of the pups born in SFB.
    The California sea lion primarily uses the Central SFB area to 
feed. California sea lions are periodically observed at Castro Rocks. 
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 a small number 
of harbor seals and sea lions. These disturbances will be reduced to 
the lowest level practicable by implementation of the work restrictions 
and mitigation measures (see Mitigation).
    Marine mammal monitoring under the current and previous IHAs has 
been conducted at Castro Rocks and at two ``control'' haul-out 
locations in SFB, Mowry Slough and YBI (Green et al., 2001, 2002) since 
1998. To date, over 10,000 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 third behavior is considered by NMFS 
to rise to Level B harassment. 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 0.128 disturbances/hr field time (d/hr); wildlife (seals and 
birds) with 0.075 d/hr; anthropogenic (debris, workmen on bridge with 
0.040 d/hr; and research with 0.021 d/hr. Construction activities 
resulted in 0.0165 d/hr. There were fewer flushes observed at night. 
For more detailed information on the extent of take by harassment at 
Castro Rocks by activities other than the requested authorization, 
refer to Green et al. (2002).
    During the work period (July 16 through February 28) the incidental 
harassment of harbor seals and, on rare occasions, California sea lions 
is expected to occur on a daily basis upon initiation of the retrofit 
work. In addition, the number of seals disturbed will vary daily 
depending upon tidal elevations. Monitoring by Green et al. (2002) 
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 2 
main sites on Castro Rocks (rocks A and C) during 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 at those same sites on Castro Rocks during 1998-2000, 
prior to the construction period. It was noted, during the construction 
period, that fewer seals were using rock A, located closest to the 
Bridge, and more seals were hauling out on rock C, which was located 
farther from the Bridge than rock A. The number of seals hauled out on 
rocks B and E was not significantly different between years while the 
number hauled out on rocks D and F was greater during the fall of 2000 
and 2001 than 1998 and 1999. 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, see Green et al. (2002) which is available upon request (see 
ADDRESSES).
    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, 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 general 
noise have been implemented by CALTRANS as part of their activity. 
General restrictions include: with the exception of the Concrete 
Trestle Section, 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 (re 20 micro Pascals) 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, in previous 
IHAs NMFS required CALTRANS to comply with the following mitigation 
measures: (1) A March 1 through July 15 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 BEZ 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 
current and previous BEZs 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 BEZ is located 300 
ft (91 m) from the most northern tip of Castro Rocks, and the southern 
boundary is 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 is located 300 ft 
(91 m) from the most western tip of Castro Rocks. The BEZ is restricted 
as a controlled access area and is marked off with buoys and warning 
signs for the entire year.
    For this IHA, at the request of CALTRANS, NMFS has shifted the 
boundary of the BEZ from its current location so that the eastern 
boundary is shifted from 100 ft (30.5 m) east of pier 57 to 100 ft 
(30.5 m) west of pier 57. This will maintain a 400-ft (122-m) 
``buffer,'' as opposed to the existing 600-ft (183-m) buffer, between 
the work at pier 57 and ``A'' rock. CALTRANS believes that this 
modification is reasonable based on observed seal behavior during the 
construction within the 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

[[Page 61326]]

the total numbers of animals that utilize the Castro Rocks haulout.
    In addition to shifting the eastern boundary of the BEZ, at the 
request of CALTRANS, NMFS has modified the period in which work is 
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 conduct 
seismic retrofit work on pier 57. This will allow the contractor to 
complete the work this coming season and to stay under budget. The 
previous 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 (62 FR 67045, December 23, 1997). Because moving the beginning of 
the Work Closure Period from February 15th to March 1st will still 
provide a 2-week window prior to the onset of successful pupping (March 
15th), and because NMFS does not find scientific evidence indicating 
that female harbor seals need a ``quiet period'' from general noise in 
order to pup successfully, NMFS has determined that shifting the 
beginning of the Work Closure Period from February 15th to March 1st 
would not have a significant impact on harbor seal pupping.
    Finally, at CALTRANS request, NMFS has modified the period in which 
work is allowed 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 Work Closure Period on July 16th is not expected to 
affect pup survival. Under the current and 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 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 all their hair at one time. Finally, 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 molt (DeLong, R., 
pers. commun. 1997; Hanan, D., pers. commun. 1997; Harvey, J., pers. 
commun. 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 has preliminarily 
determined that changing the last day of the Work Closure Period to 
July 15th should not significantly affect harbor seals in general or 
molting seals at Castro Rocks in particular.

Monitoring

    NMFS is requiring 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 is divided into the Work Period Phase (July 
16 through February 28) and the Work Closure Period Phase (March 1 
through July 15). During the Work Period Phase and Work 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, 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 Work 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 (Work Closure Period), during a low tide.
    In addition, NMFS is requiring 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

    Under previous IHAs, CALTRANS has provided monitoring reports 
(Green et al. (2001, 2002). The findings from these reports have been 
summarized previously in this document.
    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 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 interim report must be submitted to NMFS by April 30, 2003.
    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

    In conjunction with the promulgation of regulations implementing 
section 101(a)(5)(D) of the MMPA, NMFS completed an Environmental

[[Page 61327]]

Assessment (EA) on May 9, 1995, that addressed the impacts on the human 
environment from issuance of IHAs and the alternatives to that action. 
NMFS' analysis resulted in a Finding of No Significant Impact. In 
addition, 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. Accordingly, this action 
has not changed significantly from the 1997 action, it is categorically 
excluded from further NEPA analysis and, therefore, a new EA will not 
be prepared. A copy of these two relevant EAs are available upon 
request.

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

    Dated: September 23, 2002.
David Cottingham,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-24758 Filed 9-27-02; 8:45 am]
BILLING CODE 3510-22-S