[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Notices]
[Pages 51992-51996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19347]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 072204A]


Taking Marine Mammals Incidental to Specified Activities; 
Sandholdt Road Bridge Replacement, Moss Landing, California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of application and proposed authorization for 
an incidental take authorization; request for comments.

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SUMMARY: NMFS has received a request from the California Department of 
Transportation (CALTRANS) for an Incidental Harassment Authorization 
(IHA) to take small numbers of marine mammals, by harassment, 
incidental to the replacement of the Sandholdt Road Bridge (Bridge) in 
Moss Landing, Monterey County, CA. Under the Marine Mammal Protection 
Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA 
to CALTRANS to take, by incidental harassment, small numbers of Pacific 
harbor seals and possibly California sea lions for 1 year.

DATES: Comments and information must be received no later than 
September 23, 2004.

ADDRESSES: Comments on the application should be addressed to Steve 
Leathery, Chief, Permits, Conservation and Education Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing e-mail comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
07224A. NMFS is not responsible for e-mail comments sent to addresses 
other than the one provided here. Comments sent via e-mail, including 
all attachments, must not exceed a 10-megabyte file size. A copy of the 
application containing a list of the references used in this document 
may be obtained by writing to this address or by telephoning the 
contacts listed here and is also available at: http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm#applications

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2322, ext 128 or Monica DeAngelis, 
(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 to allow, upon request, the 
incidental, but not intentional, taking of small numbers 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, notice of a proposed authorization is 
provided to the public for review.
    Permission may be granted if NMFS finds that the taking will have 
no more than 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 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].
    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 February 26, 2004, NMFS received an IHA application from 
CALTRANS.

[[Page 51993]]

 The IHA request is for the potential harassment of small numbers of 
Pacific harbor seals (Phoca vitulina) and possibly some California sea 
lions (Zalophus californianus), incidental to demolition of the current 
Bridge and construction of a new Bridge. Construction is scheduled to 
extend from early to mid-2005 until the fall of 2006. A detailed 
description of the work planned is contained in the CALTRANS 
application and in LSA Associates, Inc. (1999).
    The County of Monterey, with funding from the Federal Highway 
Administration (FHWA), proposes to replace the existing one-lane Bridge 
over the Moss Landing Slough. Sandholdt Road, a two-lane county road, 
carries an average of about 2700 vehicles per day between Moss Landing 
Road and the island community of Moss Landing. The Bridge is of unknown 
age with a deck replacement having taken place over 54 years ago. The 
wooden piling system has been weakened by marine bore worms and is 
decaying. The Bridge is therefore at the end of its useful service 
life. The one-lane Bridge is a traffic safety concern and does not meet 
Federal standards for rural roads, which require such bridges to have a 
minimum of two traffic lanes and safe access for pedestrians. The 
Bridge does not meet structural capacity requirements as it is 
incapable of withstanding loads over minimum highway legal loads. 
Further, because of its age and dilapidated condition, the structure is 
not capable of withstanding a significant earthquake without the 
possibility of incurring significant damage that may require the Bridge 
to be closed for repairs. Bridge closure may result in significant 
economic impact to the community, as the Bridge is the only public 
access point to the island.

Description of the Activity

    The proposed new Bridge will improve traffic operations and safety 
and provide safe access for pedestrians and bicyclists. The following 
improvements are planned: (1) Construct a new 321-ft (98-m) long bridge 
with two 12-ft (3.6-m) travel lanes; (2) improve pedestrian safety by 
constructing a 5-ft (1.5-m) sidewalk on the north side of the new 
Bridge with pedestrian lighting; (3) improve safety for bicyclists by 
constructing 4-ft (1.2-m) bicycle lanes on each side of the new Bridge; 
and (4) improve the turn radius of the Bridge approach on the west and 
the Bridge alignment with Sandholdt Road on the east by constructing 
the new Bridge 23 m (75 ft) south of the existing structure.
    The Bridge will be supported by two bridge abutments and 3 pairs of 
1.7-m (5.6-ft) diameter columns. Each of the columns will be supported 
by Cast-In-Shell (CISS) pile of the same diameter. Each CISS pile will 
be installed using standard bridge construction practices. This 
includes the use of a vibratory hammer to drive the piles down into the 
substrate and an impact hammer to drive the piles the last 1.7 m (5.6 
ft) in order to determine if load capacity has been reached.
    The Bridge replacement work will include construction of a 
temporary access trestle for equipment access during construction that 
includes installation of wood pilings, installation of temporary 
supporting framework (falsework) piles, and, later, removal of existing 
wood piles. The piles and trestle deck will be installed at the same 
time and will use the crane to drive the piles that were previously 
mounted on the adjacent trestle span. The falsework piles will be 
installed in a similar manner. Construction of the access trestle and 
falsework will require a total of approximately 200 piles (0.3 to 0.6 m 
by 15 m (11.8 in. to 24 in. by 49 ft), wood or steel). These piles 
could be installed with a vibratory hammer and/or drop (impact) hammer. 
The time to install each pile will be about 30 to 60 minutes.
    Construction of the bridge span will require 6 piles (1.7 by 31.75 
m (5.6 by 104 ft)) in the slough and 12 piles (0.61 by 19.05 m (2 by 
62.5 ft)) on the shore, for the abutment foundation. These will be the 
CISS piles. They will be installed using a vibratory hammer and a drop 
(impact) hammer.
    A work barge will be anchored at the Bridge site for approximately 
three months to assist with the construction of the temporary access 
trestle, which will take about two weeks. It will take approximately 
two weeks to place embankment earthwork, four weeks to drive the bridge 
piles, three weeks to drive the falsework piles, and approximately 
three weeks to construct the abutments. After the falsework is in 
place, the superstructure will take approximately 36 weeks to 
construct.
    Once the superstructure is completed, it will take two weeks to 
remove the falsework piles, two weeks to remove the access trestle, and 
about four weeks to remove the existing Bridge. The existing piles will 
be removed from the channel by a crane lifting and applying vibration. 
Additional dilapidated pilings along the adjacent shoreline will be 
removed in a similar manner. These activities will presumably take 
place under a future IHA because they will occur after the proposed IHA 
expires.
    CALTRANS has divided the work year into two seasons, an in-water 
period and an out-of-water period. In-water construction is limited to 
the months of June through October, as required by condition 15 of the 
California Coastal Commission's Coastal Development Permit. Activities 
are considered ``in-water'' regardless of the actual tide level at the 
time of construction. Most of the activities described in this document 
are considered ``in-water'' activities.
    Out-of-water construction activities are defined as any activities 
located above mean high water (MHW), which is +0.61 m at the Sandholdt 
Road Bridge site. Certain activities, however, are classified as both 
in-water and out-of-water because some portions of the activity take 
place above and below the MHW. Because construction activities have the 
potential to disturb harbor seals hauled out along the Old Salinas 
River, an IHA is warranted.

Description of Habitat and Marine Mammals Affected by the Activity

    A description of the habitat and its associated marine mammals 
affected by the proposed Bridge replacement project can be found in the 
CALTRANS application and in CALTRANS' Marine Mammal and Bird Mitigation 
Plan (CALTRANS, 2004). Harbor seals routinely move between the Old 
Salinas River, beneath and south of the existing Bridge, and the 
adjoining Moss Landing Harbor, on the north side of the site. 
Approximately 35 individuals are known to haul out along the Old 
Salinas River approximately 500 to 800 m (1640 to 2625 ft) south of the 
current Bridge location, with more seals generally found at about 800 m 
(2625 ft) south of the Bridge. California sea lions only occasionally 
transit through the project area, but are not known to haul-out in the 
area.

Marine Mammals

    General information on harbor seals and other marine mammal species 
found in Central California waters can be found in Carretta et al. 
(2002, 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. The harbor seal and 
California sea lion are the only marine mammal species expected to be 
found regularly in the Bridge area and are described in detail below.

[[Page 51994]]

Harbor Seals

    The California stock of harbor seals is comprised of those seals 
found at the 400 to 500 haul-out sites along the mainland coast and 
offshore islands of California. Based on the most recent counts, the 
California stock of the Pacific harbor seal is estimated at 27,863 
(Carretta et al., 2003). A rapid increase in harbor seal abundance was 
recorded from 1972 to 1990, but there has been no net growth along the 
mainland or Channel Islands since 1990. The annual growth rate estimate 
is 3.5 percent, however, the current rate of production is greater than 
this observed rate because fishery mortality takes a fraction of the 
net production (Carretta et al., 2003).
    Harbor seals are considered non-migratory, generally making local 
movements in association with the distribution of food resources, 
tides, weather, season and breeding activities (Bigg, 1973, 1981; 
Stewart and Yochem, 1994). Harbor seals are found in estuaries and 
marine embayments, and typically rest ashore or haul out on beaches and 
tidal-inundated habitats such as mudflats, marshes, and near-shore 
rocky outcroppings (Kopec and Harvey, 1995; Zeiner et al., 1990). They 
often use these isolated, undisturbed sites for pupping, molting, and 
resting.
    Harbor seals are very skittish by nature, and a startle response in 
harbor seals can vary from a temporary state of agitation by a few 
individuals to the permanent abandonment of the haul out site by the 
entire colony. Normally, when harbor seals are frightened by a noise, 
the approach of a boat, plane, human, predator, or another seal, for 
example, they will move rapidly to the water or flush. Disturbances 
have the potential to cause a more serious effect during pupping or 
nursing, or when aggregations are dense during the molting season, as 
mothers may become separated from their pups or individuals may be 
injured.
    Harbor seals feed opportunistically on a variety of fish, 
crustaceans, and cephalapods (Zeiner et al., 1990).
    Harbor seals are year-round residents in the Monterey Bay area and, 
contrary to the trend noted above for the stock as a whole, Hanan et 
al. (1992), as reported in Harvey (2003), report that the Monterey Bay 
population is increasing at an annual rate of approximately 7.7 
percent. Within the Monterey Bay area, there are numerous haul out 
sites. Several locations in Elkhorn Slough are of particular 
importance, as they provide the gently-sloped, isolated, undisturbed 
conditions critical to harbor seals. Within the Sandholdt Road Bridge 
Replacement project vicinity, harbor seals are known to routinely haul 
out at a recently established site, located approximately 800 m (2625 
ft) south of the Bridge, along the Old Salinas River. This is not a 
location typically used by harbor seals for pupping and nursing, and 
although such activities could occur at the site, it is considered a 
rare event. Harbor seals may use the Old Salinas River haul out during 
the molting season, but it is presumed that long-established 
alternative sites in this region (i.e. along Elkhorn Slough) are more 
preferable to seals during these sensitive time periods.

California Sea Lions

    The geographic range of the U.S. stock of the California sea lion 
extends from the U.S./Mexico border north into Canada. Breeding occurs 
only in the Gulf of California, western Baja California, and southern 
California. Population estimates for this stock range from 244,000 to 
237,000. The minimum population size is based on counts of all age and 
sex classes that were ashore at all major rookeries and haul outs 
during the 2001 breeding season, the number of births estimated from 
the pup count, and the proportion of the pups in the population. 
Current trends indicate that the stock as a whole has been growing at a 
rate of 5.4 to 6.1 percent per year (Carretta et al., 2003). The 
Monterey Bay population is reported to be increasing at a slightly 
higher rate of 6 to 8 percent (Harvey, 2003).
    Sea lions are the most abundant pinniped in the Monterey Bay 
region, with the highest numbers occurring during the spring and fall 
migrations (MBA, 1999). At least 12,000 California sea lions may be 
present within the entire Monterey Bay National Marine Sanctuary at any 
one time (Harvey, 2003), although only a few individuals are typically 
present within the Moss Landing Harbor-Sandholdt Road Bridge Project 
area (S. Dearn pers. comm.). Most of the sea lions within the region 
are males of varying age classes that arrive in early fall from their 
southern breeding grounds (MBA, 1999). Many individuals remain over the 
course of the winter until the following spring, with just a few sea 
lions staying through the summer. There are no breeding areas for the 
California sea lion located in the Monterey Bay area, and most 
individuals migrate to offshore breeding sites in southern California 
and Mexico.

Potential Effects on Marine Mammals

    The impact to harbor seals and California sea lions is expected to 
be disturbance by the presence of workers, construction noise, and 
construction vessel traffic. The crane used to construct the access 
trestle will generate a moderate degree of noise (similar to that of a 
diesel truck). Pile driving will be noisier and will also cause ground 
vibrations. Vibratory hammers usually create less noise than pile 
driving, but noise will also be created by rock drills, other tools and 
also several of the vehicles commonly used on construction sites. The 
pile drivers planned for use at the Bridge have energy levels of 
approximately 16-24 kiloJoules (kJ). This is significantly less energy 
than either of the pile drivers being used on the San Francisco-Oakland 
Bay Bridge (SF-OBB)(see 68 FR 64595, November 14, 2003), which are 500 
kJ and 1700 kJ. As a result, airborne and underwater impact zones for 
marine mammals (and other estuarine life) will be significantly smaller 
than at SF-OBB. At a distance of 50 ft (15.2 m) from the specific 
activity, CALTRANS believes airborne noise levels from the pile driver 
(and other construction equipment) are not expected to exceed 100 dBA 
and most sounds will be 90 dBA or lower at that distance. Previously, 
NMFS has determined that sound exposure levels (SELs) of 100 dBA and 90 
dBA (re 20 micro-Pa\2\ -sec) or greater are the levels where California 
sea lions (and northern elephant seals) and Pacific harbor seals, 
respectively, will sometimes be harassed. Pinnipeds inside those SEL 
isopleths at the time of pile driving and other equipment activity are 
presumed to be harassed, whether or not an actual behavioral 
disturbance occurs. NMFS does not believe that any airborne sounds from 
the Bridge construction site are sufficient to cause Level A harassment 
(injury).
    In addition to airborne sounds, loud underwater sounds, such as 
those produced by in-water pile driving, can have detrimental effects 
on marine mammals, causing stress, changes in behavior, and 
interference with communication and predator/prey detection. The most 
significant detrimental effect that loud underwater noises can have on 
marine mammals is a temporary or permanent loss of hearing.
    Based on studies, previous pile-driving projects, consultation with 
experts, and review of the literature, NMFS has determined that marine 
mammals may exhibit behavioral changes when exposed to underwater 
impulse sound pressure levels (SPLs) of 160 dB re 1 microPa (root-mean-
squared or rms). In addition, current NMFS policy is that underwater 
SPLs at 190 dB re 1 micro-Pa RMS (impulse) and above could cause 
temporary or permanent

[[Page 51995]]

hearing impairment in harbor seals and sea lions and therefore, 
activities should be designed to ensure, to the greatest extent 
practicable, that pinnipeds are not exposed to SPLs greater than 190 dB 
rms.
    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. During the in-water work 
period (June through October), the incidental harassment of harbor 
seals is expected to occur on a daily basis upon initiation of the 
work. During the out-of-water work period, incidental harassment of 
harbor seals is expected to occur less frequently than what is expected 
for in-water construction activities. In addition, the number of seals 
disturbed will vary daily depending upon tidal elevations. Although 
California sea lions have been shown to react to pile driving noise by 
porpoising quickly away from other bridge construction sites (SRS 
Technologies, 2001), it is not known whether they will react to general 
construction noise and move away from the area 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. However, Level B harassment of California sea 
lions may occur on rare occasions during the in-water work and out-of-
water work periods.
    However, disturbance from these activities is expected to have no 
more than a short-term negligible impact on the affected species or 
stocks and will result in harassment takes of small numbers 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).

Potential Effects on Habitat

    The activities are expected to result in a temporary reduction in 
utilization of the Old Salinas River 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 the 
Old Salinas River haul out. Permanent abandonment of the haul out site 
is not anticipated since traffic noise from the Bridge, commercial 
activities along the river front area, and recreational boating that 
currently occurs within the area have not caused long-term abandonment. 
In addition, proposed mitigation measures and work restrictions are 
designed to preclude abandonment. Therefore, as described in detail in 
CALTRANS (2004), other than the potential short-term abandonment by 
harbor seals of part or all of the Old Salinas River haul out site 
during Bridge construction, no impact on the habitat or food sources of 
marine mammals are likely from this construction project.

Proposed Mitigation

    The access trestle and falsework piles will be located such that 
they pose no more barriers to marine mammals than do the support 
structures for the existing Bridge. In addition, construction barges 
and/or other in-water support construction equipment will be located in 
an area that would not restrict the movements of harbor seals or 
California sea lions through the work area.
    To minimize underwater noise levels, the loudest pile-driving 
activities will be restricted to low-water periods. The loudest in-
water noise levels are expected to occur during pile driving of the 6 
large CISS piles with an impact hammer (driving steel piles is much 
louder than driving wooden piles, and an impact hammer is much louder 
than a vibratory hammer). As a result, the following mitigation 
measures will apply to pile driving: (1) For the two CISS piles in the 
deeper channel area, the impact hammer will not be used when water 
depth is more than 5 ft (1.5 m); and (2) for the other 4 CISS piles, 
the impact hammer will not be used when the water depth is more than 3 
ft (1 m).
    Several mitigation measures to reduce the potential for general 
noise have been implemented by CALTRANS as part of their activity. 
General restrictions include: piles will only be driven during daylight 
hours and all in-water support equipment will be located so as not to 
restrict marine mammal movement.
    To minimize potential harassment of marine mammals to the lowest 
level practicable, the following mitigation measures are also required: 
(1) Limit all in-water construction activity (as described in the 
Marine Mammal and Bird Mitigation Plan (CALTRANS, 2004)) to the period 
from June 1 through October 31; (2) minimize vessel traffic to the 
greatest extent practicable in the in-water buffer zone (described in 
the next paragraph) when conducting in-water construction activities 
and to the greatest extent practicable near the haul out site; and (3) 
disable the special backup alarms from construction vehicles.
    Underwater sound measurements have not been made for the pile 
driving equipment planned for use at the Bridge. Until the distance at 
which underwater sound levels equal 160 db and 190 dB re 1 microPa rms 
can be determined, CALTRANS will establish an in-water marine mammal 
buffer zone, delineated by a 500-ft (152-m) radius from the in-water 
construction activity. However, once pile driving has begun, that pile 
can be driven to depth without cessation notwithstanding any pinniped 
presence.
    The in-water buffer zone will be clearly marked by highly visible 
stakes securely placed on the banks. Once pile-driving has started, a 
qualified underwater acoustic monitor will record SPLs from the pile 
driving to determine the distance to 160 dB re 1 microPa rms. When this 
radius is established, it will be used as the new buffer zone and NMFS 
will be notified in writing of any change. The new buffer zone will be 
clearly marked by highly visible stakes and the stakes delineating the 
initial 500-ft (152-m) buffer zone will be removed.
    Each day, before pile-driving (or other loud in-water construction 
activity) begins, the marine mammal monitor will survey the buffer zone 
for marine mammals. If any marine mammals are sighted within the buffer 
zone, the monitor will require the contractor to delay pile-driving 
until the monitor determines that the marine mammal(s) has moved beyond 
the buffer zone, either through sighting or by waiting until enough 
time has elapsed (about 15 minutes) to assume that the animal has moved 
beyond the buffer zone.
    Other in-water construction activity, such as the use of heavy 
equipment to place embankment earthwork and rock slope protection and 
to construct bridge abutments (i.e. activities not involving loud, 
impulsive hammering sounds) will generate noise levels equivalent to 
that of a diesel truck. For these activities, a 50-ft (15.2-m) radius 
buffer zone will be established. This buffer zone will be clearly 
marked by highly visible stakes securely placed into the banks.
    Each day before construction begins, the monitor will search the 
50-ft (15.2-m) buffer zone for marine mammals. If a marine mammal is 
sighted within the buffer zone, the monitor will require the contractor 
to delay in-water construction activities until the monitor determines 
that no marine mammals are present within the buffer zone.
    The out-of-water construction activities include placing the 
embankment earthwork, constructing the abutments, constructing the 
superstructure and completing the roadway and embankment structural 
section. The equipment used for all of the above listed activities will 
generate

[[Page 51996]]

a moderate degree of noise, similar to that of a diesel truck.

Proposed Monitoring

    NMFS proposes to require CALTRANS to monitor the impact of Bridge 
replacement construction activities on harbor seals (and California sea 
lions, if present) at the Old Salinas River. Monitoring will be divided 
into the in-water and out-of-water construction periods. Monitoring 
will be conducted every day during in-water construction activities and 
for an 8 hour period once a week during out-of-water activities, by at 
least one trained, NMFS-approved, biological monitor. 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 females and males; (7) number of molting seals; and 
(8) details of any observed disturbances. Concurrently, the monitor(s) 
will record general construction activity, location, duration, and 
noise levels. The monitor(s) will conduct baseline observations of 
pinniped behavior at the Old Salinas River haul out site, 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. In addition, NMFS will require that, immediately following 
the completion of the construction of the Bridge, the monitor(s) will 
conduct observations of pinniped behavior at the Old Salinas River haul 
out, for at least 5 consecutive days for approximately 1 tidal cycle 
(high tide to high tide) each day.

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 pinnipeds that may have been disturbed as a result of Bridge 
replacement 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, and any observed 
disturbances. CALTRANS will also provide a description of construction 
activities at the time of observation and any SPL measurements made at 
the haulout site. CALTRANS must submit draft interim reports to NMFS 
within 90 days of the completion of the 2005 in-water work phase and 
2005/2006 out-of-water work phase. The draft interim reports are 
considered final reports unless NMFS requests modifications to those 
reports within 90 days of receipt. CALTRANS will also 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-Bridge replacement haul-out 
patterns at the Old Salinas River site.

Endangered Species Act (ESA)

    NMFS has determined that this action will have no effect on species 
listed under the ESA that are under the jurisdiction of NMFS. On April 
12, 2000, the U.S. Fish and Wildlife Service (USFWS) concurred with the 
determination of the FHWA that the proposed Bridge project was not 
likely to adversely affect the federally endangered goby 
(Eucyclobgobius newberryi), the brown pelican (Pelecanus occidentalis) 
and southern sea otter (Enhydra lutris nereis). However, issuance of an 
IHA to CALTRANS also constitutes an agency action subject to section 7 
of the ESA. As the effects of the Bridge activities on listed species 
were analyzed earlier, and as the action has not changed from that 
considered in that informal consultation, the discussion of effects 
that are contained in the April 12, 2000 concurrence letter from the 
USFWS to the FHWA pertains also to this action. In conclusion, NMFS has 
determined that issuance of an IHA does not lead to any effects to 
listed species apart from those that were considered in the 
consultation on FHWA's action.

National Environmental Policy Act (NEPA)

    On June 22, 2000, CALTRANS made a determination that the Bridge 
project is a Categorical Exclusion under NEPA and on July 24, 2000, the 
FHWA determined that the Bridge project meets the criteria of, and is 
properly classified as, a Categorical Exclusion. NMFS is reviewing the 
FHWA documents and will make its own NEPA determination before making a 
decision on the issuance of an IHA.

Preliminary Conclusions

    NMFS has preliminarily determined that the Bridge replacement, as 
described in this document, should result, at worst, in the temporary 
modification in behavior of small numbers of harbor seals and, 
possibly, of 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 
affected species and stocks of pinnipeds. 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 described in this document.

Proposed Authorization

    NMFS proposes to issue an IHA to CALTRANS for the potential 
harassment of small numbers of harbor seals and California sea lions 
incidental to Bridge replacement construction, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated. NMFS has preliminarily determined that the proposed 
activity 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: August 17, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-19347 Filed 8-23-04; 8:45 am]
BILLING CODE 3510-22-S