[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Notices]
[Pages 23746-23755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09273]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC496
Takes of Marine Mammals Incidental to Specified Activities;
Russian River Estuary Management Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
the Sonoma County Water Agency (SCWA) to incidentally harass, by Level
B harassment only, three species of marine mammals during estuary
management activities conducted at the mouth of the Russian River,
Sonoma County, California.
DATES: This authorization is effective for the period of one year, from
April 21, 2013, through April 20, 2014.
ADDRESSES: SCWA's application as well as a list of the references used
in this document may be obtained by visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Supplemental documents
provided by SCWA may be found at the same web address, as can NMFS'
Environmental Assessment (2010) and associated Finding of No
Significant Impact, prepared pursuant to the National Environmental
Policy Act, and NMFS' Biological Opinion (2008) on the effects of
Russian River management activities on salmonids, prepared pursuant to
the Endangered Species Act. These documents cited may also be viewed,
by appointment only (see FOR FURTHER INFORMATION CONTACT), at the
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
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
[[Page 23747]]
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
published in the Federal Register to provide public notice and initiate
a 30-day comment period.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and other means of
effecting the least practicable adverse impact (i.e., mitigation) and
requirements pertaining to 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 Level B
harassment as defined below. 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 marine mammals. Within 45 days of the close of
the comment period, NMFS must either issue or deny the authorization.
If authorized, the IHA would be effective for one year from date of
issuance.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: ``any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].''
Summary of Request
We received an application on January 17, 2013, from SCWA for
issuance of an IHA for the taking, by Level B harassment only, of
marine mammals incidental to ongoing activities conducted in management
of the Russian River estuary in Sonoma County, California. SCWA was
first issued an IHA, valid for a period of one year, on April 1, 2010
(75 FR 17382), and was subsequently issued IHAs for incidental take
associated with the same activities on April 21, 2011 (76 FR 23306) and
April 17, 2012 (77 FR 24471). Management activities include management
of a naturally-formed barrier beach at the mouth of the river in order
to minimize potential for flooding of properties adjacent to the
Russian River estuary and enhance habitat for juvenile salmonids, and
biological and physical monitoring of the estuary. Flood control-
related breaching of barrier beach at the mouth of the river may
include artificial breaches, as well as construction and maintenance of
a lagoon outlet channel. The latter activity, an alternative management
technique conducted to mitigate impacts of flood control on rearing
habitat for salmonids listed as threatened and endangered under the
Endangered Species Act (ESA), occurs only from May 15 through October
15 (hereafter, the ``lagoon management period''). All estuary
management activities are conducted by SCWA in accordance with a
Reasonable and Prudent Alternative (RPA) included in NMFS' Biological
Opinion (BiOp) for Water Supply, Flood Control Operations, and Channel
Maintenance conducted in the Russian River watershed (NMFS, 2008).
Species known from the haul-out at the mouth of the Russian River
include the harbor seal (Phoca vitulina), California sea lion (Zalophus
californianus), and northern elephant seal (Mirounga angustirostris).
Description of the Specified Activity
Breaching of naturally-formed barrier beach at the mouth of the
Russian River requires the use of heavy equipment (e.g., bulldozer,
excavator) and increased human presence. As a result, pinnipeds hauled
out on the beach may exhibit behavioral responses that indicate
incidental take by Level B harassment under the MMPA. Numbers of harbor
seals, the species most commonly encountered at the haul-out, have been
recorded extensively since 1972 at the haul-out near the mouth of the
Russian River.
The estuary is located about 97 km (60 mi) northwest of San
Francisco in Sonoma County, near Jenner, California (see Figure 1 of
SCWA's application). The Russian River watershed encompasses 3,847
km\2\ (1,485 mi\2\) in Sonoma, Mendocino, and Lake Counties. The mouth
of the Russian River is located at Goat Rock State Beach; the estuary
extends from the mouth upstream approximately 10 to 11 km (6-7 mi)
between Austin Creek and the community of Duncans Mills (Heckel and
McIver, 1994). The proposed action involves management of the estuary
to prevent flooding while avoiding adverse modification to critical
habitat for ESA-listed salmonids. During the lagoon management period
only, this involves construction and maintenance of a lagoon outlet
channel that would facilitate formation of a perched lagoon, which will
reduce flooding while maintaining appropriate conditions for juvenile
salmonids. Additional breaches of barrier beach may be conducted for
the sole purpose of reducing flood risk.
There are three components to SCWA's ongoing estuary management
activities: (1) Lagoon outlet channel management, during the lagoon
management period only, required to accomplish the dual purposes of
flood risk abatement and maintenance of juvenile salmonid habitat; (2)
traditional artificial breaching, with the sole objective of flood risk
abatement; and (3) physical and biological monitoring in and near the
estuary, required under the terms of the BiOp, to understand response
to water surface elevation management in the estuary-lagoon system. In
addition to these ongoing management activities, SCWA will conduct new
monitoring work at the mouth of the Russian River during the period of
this IHA. This additional activity comprises a plan to study the
effects of a historical, dilapidated jetty on the formation and
maintenance of the Russian River estuary, as required under RPA 2 of
the 2008 BiOp. Through several phases from 1929-1948, the jetty and
associated seawall, roadway, and railroad were constructed, reinforced
and then abandoned by various entities. The plan for study of the jetty
is described in greater detail in SCWA's `Feasibility of Alternatives
to the Goat Rock State Beach Jetty for Managing Lagoon Water Surface
Elevations--A Study Plan' (ESA PWA, 2011), available online (see
ADDRESSES).
SCWA's estuary management activities generally involve the use of
heavy equipment and increased human presence on the beach, in order to
excavate and maintain an outlet channel from the lagoon to the ocean or
to conduct artificial breaching. Pupping season for harbor seals at the
mouth of the Russian River typically peaks during May. However, pupping
is known to begin in March and may continue through the end of June;
pupping season for harbor seals is conservatively defined here as March
15 to June 30. During pupping season, management
[[Page 23748]]
events may occur over a maximum of two consecutive days per event and
all estuary management events on the beach must be separated by a
minimum no-work period of one week. The use of heavy equipment and
increased human presence has the potential to harass hauled-out marine
mammals by causing movement or flushing into the water. Mitigation and
monitoring measures described later in this document are designed to
minimize this harassment to the lowest practicable level.
Equipment (e.g., bulldozer, excavator) is off-loaded in the parking
lot of Goat Rock State Park and driven onto the beach via an existing
access point. Personnel on the beach will include up to two equipment
operators, three safety team members on the beach (one on each side of
the channel observing the equipment operators, and one at the barrier
to warn beach visitors away from the activities), and one safety team
member at the overlook on Highway 1 above the beach. Occasionally,
there will be two or more additional people on the beach (SCWA staff or
regulatory agency staff) to observe the activities. SCWA staff will be
followed by the equipment, which will then be followed by an SCWA
vehicle (typically a small pickup truck, to be parked at the previously
posted signs and barriers on the south side of the excavation
location).
Lagoon Outlet Channel Management
Active management of estuarine/lagoon water levels commences
following the first closure of the barrier beach during this period.
When this happens, SCWA monitors lagoon water surface elevation and
creates an outlet channel when water levels in the estuary are between
4.5 and 7.0 ft (1.4-2.1 m) in elevation. Management practices will be
incrementally modified over the course of the lagoon management period
in an effort to improve performance in meeting the goals of the BiOp
while preventing flooding.
Ideally, initial implementation of the outlet channel would produce
a stable channel for the duration of the lagoon management period.
However, the sheer number of variables and lack of past site-specific
experience likely preclude this outcome, and succeeding excavation
attempts may be required. The precise number of excavations would
depend on uncontrollable variables such as seasonal ocean wave
conditions (e.g., wave heights and lengths), river inflows, and the
success of previous excavations (e.g., the success of selected channel
widths and meander patterns) in forming an outlet channel that
effectively maintains lagoon water surface elevations. Based on lagoon
management operations under similar conditions at Carmel River, and
expectations regarding how wave action and sand deposition may increase
beach height or result in closure, it is predicted that up to three
successive outlet channel excavation events, at increasingly higher
beach elevations, may be necessary to produce a successful outlet
channel. In the event that an outlet channel fails through breaching
(i.e., erodes the barrier beach and forms a tidal inlet), SCWA would
resume adaptive management of the outlet channel's width, slope, and
alignment in consultation with NMFS and the California Department of
Fish and Game (CDFG), only after ocean wave action naturally reforms a
barrier beach and closes the river's mouth during the lagoon management
period.
Implementation and Maintenance--Upon successful construction of an
outlet channel, adaptive management, or maintenance, may be required
for the channel to continue achieving performance criteria. In order to
reduce disturbance to seals and other wildlife, as well as beach
visitors, the amount and frequency of mechanical intervention will be
minimized. As technical staff and maintenance crews gain more
experience with implementing the outlet channel and observing its
response, maintenance is anticipated to be less frequent, with events
of lesser intensity. During pupping season, machinery may only operate
on up to two consecutive working days, including during initial
construction of the outlet channel. In addition, SCWA must maintain a
one week no-work period between management events during pupping
season, unless flooding is a threat, to allow for adequate disturbance
recovery period. During the no-work period, equipment must be removed
from the beach. SCWA seeks to avoid conducting management activities on
weekends (Friday-Sunday) in order to reduce disturbance of beach
visitors. In addition, activities are to be conducted in such a manner
as to effect the least practicable adverse impacts to pinnipeds and
their habitat as described later in this document (see ``Mitigation'').
Artificial Breaching
The estuary may close naturally throughout the year as a result of
barrier beach formation at the mouth of the Russian River. Although
closures may occur at any time of the year, the mouth usually closes
during the spring, summer, and fall (Heckel and McIver, 1994; MSC,
1997, 1998, 1999, 2000; SCWA and MSC, 2001). Closures result in lagoon
formation in the estuary and, as water surface levels rise, flooding
may occur. For decades, artificial breaching has been performed in the
absence of natural breaching, in order to alleviate potential flooding
of low-lying shoreline properties near the town of Jenner. Artificial
breaching, as defined here, is conducted for the sole purpose of
reducing flood risk, and thus is a different type of event, from an
engineering perspective, than are the previously described lagoon
management events. Artificial breaching activities occur in accordance
with the BiOp, and primarily occur outside the lagoon management period
(i.e., artificial breaching would primarily occur from October 16 to
May 14). However, if conditions present unacceptable risk of flooding
during the lagoon management period, SCWA may artificially breach the
sandbar a maximum of two times during that period. Implementation
protocol would follow that described previously for lagoon outlet
channel management events, with the exception that only one piece of
heavy equipment is likely to be required per event, rather than two.
Physical and Biological Monitoring
SCWA is required by the BiOp and other state and federal permits to
collect biological and physical habitat data in conjunction with
estuary management. Monitoring requires the use of boats and nets in
the estuary, among other activities, and will require activities to
occur in the vicinity of beach and river haul-outs (see Figure 4 of
SCWA's application); these monitoring activities have the potential to
disturb pinnipeds. The majority of monitoring is required under the
BiOp and occurs approximately during the lagoon management period (mid-
May through October or November), depending on river dynamics. Beach
topographic surveys occur year-round.
Jetty Study
The jetty study will analyze the effects of the jetty on beach
permeability and sand storage and transport. These physical processes
are affected by the jetty, and, in turn, may affect seasonal water
surface elevations and flood risk. Evaluating and quantifying these
linkages will inform the development and evaluation of management
alternatives for the jetty. The study involves delineation of two study
transects perpendicular to the beach barrier (see Figure 5 of SCWA's
application), with six water seepage monitoring wells be constructed
(three
[[Page 23749]]
per transect). In addition, geophysical surveys will be conducted in
order to better understand the characteristics of the barrier beach
substrate and the location and composition of buried portions of the
jetty and associated structures. Once the initial geophysical surveys
have been completed, additional surface electromagnetic profiles will
be collected along the barrier beach in order to explore how the jetty
impacts beach seepage relative to the natural beach berm.
Comments and Responses
We published a notice of receipt of SCWA's application and proposed
IHA in the Federal Register on March 8, 2013 (78 FR 14985). During the
30-day comment period, we received a letter from the Marine Mammal
Commission (MMC). The MMC recommended that we issue the requested
authorization, subject to inclusion of the proposed mitigation and
monitoring measures as described in our notice of proposed IHA and the
application. All measures proposed in the initial Federal Register
notice are included within the authorization and we have determined
that they will effect the least practicable impact on the species or
stocks and their habitats.
We also received a comment letter from one private citizen. The
individual expressed general concern about the proposed activities and
potential effects on the harbor seal haul-out at Goat Rock State Beach,
describing the potential for abandonment of the haul-out by harbor
seals as a result of long-term, cumulative adverse impacts of
construction activity over time and the secondary impacts of estuary
management; notably, the likelihood of increased human presence on the
beach resulting from increased access. It is appropriate to note here
that, under the MMPA, we do not have jurisdiction over the management
actions required of SCWA as a result of the 2008 BiOp or over human
access and use of Goat Rock Beach State Park. The portion of SCWA's
specified activity of specific concern (maintenance of lagoon
conditions during the summer months) is an important component of a
suite of management actions prescribed for salmonid conservation. We
understand and appreciate the concerns expressed but note that, while
natural resource management often requires difficult choices, there is
no evidence to date that the incidental harassment of harbor seals
described herein will result in long-term displacement from the haul-
out. Further, there is no evidence that any of the potential effects to
harbor seals at Goat Rock State Beach could potentially result in long-
term or population level impacts to the California stock of harbor
seals as a whole. The best information available, from decades of
estuary management as well as the scientific literature, leads us to
believe that the effects of the specified activity would result in
negligible impact to the California stock of harbor seals. In addition,
we have prescribed the monitoring requirements necessary to ascertain
whether the specified activity is having a greater (or different) than
anticipated effect on marine mammals. SCWA has fortified those
requirements with additional questions of interest that will lead to a
robust understanding of the effects of the specified activity over
time. In the future, any requests from SCWA for incidental take
authorization will continue to be evaluated on the basis of the most
up-to-date information available.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species that may be harassed incidental to
estuary management activities are the harbor seal, California sea lion,
and the northern elephant seal. None of these species are listed as
threatened or endangered under the ESA, nor are they categorized as
depleted under the MMPA. We presented a more detailed discussion of the
status of these stocks and their occurrence in the action area in the
notice of the proposed IHA (78 FR 14985, March 8, 2013).
Potential Effects of the Specified Activity on Marine Mammals
We provided a detailed discussion of the potential effects of the
specified activity on marine mammals in the notice of the proposed IHA
(78 FR 14985, March 8, 2013). A summary of anticipated effects is
provided below.
A significant body of monitoring data exists for pinnipeds at the
mouth of the Russian River. Pinnipeds have co-existed with regular
estuary management activity for decades, as well as with regular human
use activity at the beach, and are likely habituated to human presence
and activity. Nevertheless, SCWA's estuary management activities have
the potential to harass pinnipeds present on the beach. During
breaching operations, past monitoring has revealed that some or all of
the seals present typically move or flush from the beach in response to
the presence of crew and equipment, though some may remain hauled-out.
No stampeding of seals--a potentially dangerous occurrence in which
large numbers of animals succumb to mass panic and rush away from a
stimulus--has been documented since SCWA developed protocols to prevent
such events in 1999. While it is likely impossible to conduct required
estuary management activities without provoking some response in
hauled-out animals, precautionary mitigation measures, described later
in this document, ensure that animals are gradually apprised of human
approach. Under these conditions, seals typically exhibit a continuum
of responses, beginning with alert movements (e.g., raising the head),
which may then escalate to movement away from the stimulus and possible
flushing into the water. Flushed seals typically re-occupy the haul-out
within minutes to hours of the stimulus. In addition, eight other haul-
outs exist nearby that may accommodate flushed seals. In the absence of
appropriate mitigation measures, it is possible that pinnipeds could be
subject to injury, serious injury, or mortality, likely through
stampeding or abandonment of pups.
California sea lions and northern elephant seals, which have been
noted only infrequently in the action area, have been observed as less
sensitive to stimulus than harbor seals during monitoring at numerous
other sites. For example, monitoring of pinniped disturbance as a
result of abalone research in the Channel Islands showed that while
harbor seals flushed at a rate of 69 percent, California sea lions
flushed at a rate of only 21 percent. The rate for elephant seals
declined to 0.1 percent (VanBlaricom, 2011). In the unlikely event that
either of these species is present during management activities, they
would be expected to display a minimal reaction to maintenance
activities--less than that expected of harbor seals.
Although the Jenner haul-out is not known as a primary pupping
beach, harbor seal pups have been observed during the pupping season;
therefore, we have evaluated the potential for injury, serious injury
or mortality to pups. There is a lack of published data regarding
pupping at the mouth of the Russian River, but SCWA monitors have
observed pups on the beach. No births were observed during recent
monitoring, but were inferred based on signs indicating pupping (e.g.,
blood spots on the sand, birds consuming possible placental remains).
Pup injury or mortality would be most likely to occur in the event of
extended separation of a mother and pup, or trampling in a stampede. As
discussed previously, no stampedes have been recorded since development
of appropriate protocols in 1999. Any
[[Page 23750]]
California sea lions or northern elephant seals present would be
independent juveniles or adults; therefore, analysis of impacts on pups
is not relevant for those species. Pups less than one week old are
characterized by being up to 15 kg, thin for their body length, or
having an umbilicus or natal pelage.
Similarly, the period of mother-pup bonding, critical time needed
to ensure pup survival and maximize pup health, is not expected to be
impacted by estuary management activities. Harbor seal pups are
extremely precocious, swimming and diving immediately after birth and
throughout the lactation period, unlike most other phocids which
normally enter the sea only after weaning (Lawson and Renouf, 1985;
Cottrell et al., 2002; Burns et al., 2005). Lawson and Renouf (1987)
investigated harbor seal mother-pup bonding in response to natural and
anthropogenic disturbance. In summary, they found that the most
critical bonding time is within minutes after birth. Although pupping
season is defined as March 15-June 30, the peak of pupping season is
typically concluded by mid-May, when the lagoon management period
begins. As such, it is expected that most mother-pup bonding would
likely be concluded as well. The number of management events during the
months of March and April has been relatively low in the past, and the
breaching activities occur in a single day over several hours. In
addition, mitigation measures described later in this document further
reduce the likelihood of any impacts to pups, whether through injury or
mortality or interruption of mother-pup bonding.
Therefore, based on a significant body of site-specific monitoring
data, harbor seals are unlikely to sustain any harassment that may be
considered biologically significant. Individual animals would, at most,
flush into the water in response to maintenance activities but may also
simply become alert or move across the beach away from equipment and
crews. We have determined that impacts to hauled-out pinnipeds during
estuary management activities would be behavioral harassment of limited
duration (i.e., less than one day) and limited intensity (i.e.,
temporary flushing at most). Stampeding, and therefore injury or
mortality, is not expected--nor been documented--in the years since
appropriate protocols were established (see ``Mitigation'' for more
details). Further, the continued, and increasingly heavy, use of the
haul-out despite decades of breaching events indicates that abandonment
of the haul-out is unlikely.
Anticipated Effects on Habitat
We provided a detailed discussion of the potential effects of this
action on marine mammal habitat in the notice of the proposed IHA (78
FR 14985, March 8, 2013). SCWA's estuary management activities will
result in temporary physical alteration of the Jenner haul-out. With
barrier beach closure, seal usage of the beach haul-out declines, and
the three nearby river haul-outs may not be available for usage due to
rising water surface elevations. Breaching of the barrier beach,
subsequent to the temporary habitat disturbance, will likely increase
suitability and availability of habitat for pinnipeds. Biological and
water quality monitoring will not physically alter pinniped habitat. In
summary, there will be temporary physical alteration of the beach.
However, natural opening and closure of the beach results in the same
impacts to habitat; therefore, seals are likely adapted to this cycle.
In addition, the increase in rearing habitat quality has the goal of
increasing salmon abundance, ultimately providing more food for seals
present within the action area.
Summary of Previous Monitoring
SCWA complied with the mitigation and monitoring required under the
previous authorization. In accordance with the 2012 IHA, SCWA submitted
a Report of Activities and Monitoring Results, covering the period of
January 1 through December 31, 2012. Previous monitoring reports
provided additional analysis of monitoring results from 2009-11. In
January 2012, the barrier beach was artificially breached after two
days of breaching activity. There were also several periods over the
course of the year where the barrier beach closed or became naturally
perched and then subsequently breached naturally. In 2011 no water
level management activities occurred. In 2010 one lagoon management
event and two artificial breaching events occurred. Pinniped monitoring
occurred the day before, the day of, and the day after each water level
management activity. In 2009 eleven artificial breaching events
occurred. Pinniped monitoring occurred during each breaching event. In
addition, SCWA conducted biological and physical monitoring as
described previously. During the course of these activities, SCWA did
not exceed the take levels authorized under the relevant IHAs. We
provided a detailed description of previous monitoring results in the
notice of the proposed IHA (78 FR 14985, March 8, 2013).
Mitigation
In order to issue an IHA under Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable adverse
impact on such species or stock and its habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stock for
taking for certain subsistence uses.
SCWA will continue the following mitigation measures, as
implemented during the previous IHA, designed to minimize impact to
affected species and stocks:
SCWA crews will cautiously approach the haul-out ahead of
heavy equipment to minimize the potential for sudden flushes, which may
result in a stampede--a particular concern during pupping season.
SCWA staff will avoid walking or driving equipment through
the seal haul-out.
Crews on foot will make an effort to be seen by seals from
a distance, if possible, rather than appearing suddenly at the top of
the sandbar, again preventing sudden flushes.
During breaching events, all monitoring will be conducted
from the overlook on the bluff along Highway 1 adjacent to the haul-out
in order to minimize potential for harassment.
A water level management event may not occur for more than
two consecutive days unless flooding threats cannot be controlled.
In addition, SCWA will continue mitigation measures specific to
pupping season (March 15-June 30), as implemented in the previous IHA:
SCWA will maintain a 1 week no-work period between water
level management events (unless flooding is an immediate threat) to
allow for an adequate disturbance recovery period. During the no-work
period, equipment must be removed from the beach.
If a pup less than 1 week old is on the beach where heavy
machinery will be used or on the path used to access the work location,
the management action will be delayed until the pup has left the site
or the latest day possible to prevent flooding while still maintaining
suitable fish rearing habitat. In the event that a pup remains present
on the beach in the presence of flood risk, SCWA will consult with us
to determine the appropriate course of action. SCWA will coordinate
with the locally established seal monitoring program (Stewards' Seal
Watch) to determine if pups less than 1 week old are on the beach prior
to a breaching event.
[[Page 23751]]
Physical and biological monitoring will not be conducted
if a pup less than 1 week old is present at the monitoring site or on a
path to the site.
Equipment will be driven slowly on the beach and care will be taken
to minimize the number of shutdowns and start-ups when the equipment is
on the beach. All work will be completed as efficiently as possible,
with the smallest amount of heavy equipment possible, to minimize
disturbance of seals at the haul-out. Boats operating near river haul-
outs during monitoring will be kept within posted speed limits and
driven as far from the haul-outs as safely possible to minimize
flushing seals.
We have carefully evaluated the applicant's mitigation measures as
proposed and considered their effectiveness in past implementation, to
determine whether they are likely to effect the least practicable
adverse impact on the affected marine mammal species and stocks and
their habitat. Our evaluation of potential measures includes
consideration of the following factors in relation to one another: (1)
The manner in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals, (2) the proven or likely efficacy of the specific
measure to minimize adverse impacts as planned; (3) the practicability
of the measure for applicant implementation, including consideration of
personnel safety, and practicality of implementation.
Injury, serious injury, or mortality to pinnipeds would likely
result from startling animals inhabiting the haul-out into a stampede
reaction, or from extended mother-pup separation as a result of such a
stampede. Long-term impacts to pinniped usage of the haul-out could
result from significantly increased presence of humans and equipment on
the beach. To avoid these possibilities, we have worked with SCWA to
develop the previously described mitigation measures. These are
designed to reduce the possibility of startling pinnipeds, by gradually
apprising them of the presence of humans and equipment on the beach,
and to reduce the possibility of impacts to pups by eliminating or
altering management activities on the beach when pups are present and
by setting limits on the frequency and duration of events during
pupping season. During the past twelve years of flood control
management, implementation of similar mitigation measures has resulted
in no known stampede events and no known injury, serious injury, or
mortality. Over the course of that time period, management events have
generally been infrequent and of limited duration. Based upon the
SCWA's record of management at the mouth of the Russian River, as well
as information from monitoring SCWA's implementation of the improved
mitigation measures as prescribed under the previous IHA, we have
determined that the mitigation measures included in the final IHA
provide the means of effecting the least practicable adverse impacts on
marine mammal species or stocks and their habitat.
Monitoring and Reporting
In order to issue an ITA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present.
The applicant has developed a Pinniped Monitoring Plan which
describes the proposed monitoring efforts. The purpose of this
monitoring plan, which is carried out collaboratively with the Stewards
of the Coasts and Redwoods (Stewards) organization, is to detect the
response of pinnipeds to estuary management activities at the Russian
River estuary. SCWA has designed the plan both to satisfy the
requirements of the IHA, and to address the following questions of
interest:
1. Under what conditions do pinnipeds haul out at the Russian River
estuary mouth at Jenner?
2. How do seals at the Jenner haul-out respond to activities
associated with the construction and maintenance of the lagoon outlet
channel and artificial breaching activities?
3. Does the number of seals at the Jenner haul-out significantly
differ from historic averages with formation of a summer (May 15 to
October 15) lagoon in the Russian River estuary?
4. Are seals at the Jenner haul-out displaced to nearby river and
coastal haul-outs when the mouth remains closed in the summer?
In summary, monitoring includes the following:
Baseline Monitoring
Seals at the Jenner haul-out are counted twice monthly for the term
of the IHA. This baseline information will provide SCWA with details
that may help to plan estuary management activities in the future to
minimize pinniped interaction. This census begins at local dawn and
continues for 8 hours. All seals hauled out on the beach are counted
every 30 minutes from the overlook on the bluff along Highway 1
adjacent to the haul-out using high powered spotting scopes. Monitoring
may conclude for the day if weather conditions affect visibility (e.g.,
heavy fog in the afternoon). Counts are scheduled for 2 days out of
each month, with the intention of capturing a low and high tide each in
the morning and afternoon. Depending on how the sandbar is formed,
seals may haul out in multiple groups at the mouth. At each 30-minute
count, the observer indicates where groups of seals are hauled out on
the sandbar and provides a total count for each group. If possible,
adults and pups are counted separately.
In addition to the census data, disturbances of the haul-out are
recorded. The method for recording disturbances follows those in
Mortenson (1996). Disturbances will be recorded on a three-point scale
that represents an increasing seal response to the disturbance. The
time, source, and duration of the disturbance, as well as an estimated
distance between the source and haul-out, are recorded. It should be
noted that only responses falling into Mortenson's Levels 2 and 3
(i.e., movement or flight) will be considered as harassment under the
MMPA. Weather conditions are recorded at the beginning of each census.
These include temperature, percent cloud cover, and wind speed
(Beaufort scale). Tide levels and estuary water surface elevations are
correlated to the monitoring start and end times.
In an effort towards understanding possible relationships between
use of the Jenner haul-out and nearby coastal and river haul-outs,
several other haul-outs on the coast and in the Russian River estuary
are monitored as well. The peripheral haul-outs are visited for 10-
minute counts twice during each baseline monitoring day. All pinnipeds
hauled out were counted from the same vantage point(s) at each haul-out
using a high-powered spotting scope or binoculars.
Estuary Management Event Monitoring
Activities associated with artificial breaching or initial
construction of the outlet channel, as well as the maintenance of the
channel that may be required, will be monitored for disturbances to the
seals at the Jenner haul-out. A 1-day pre-event channel survey will be
made within 1-3 days prior to constructing the outlet channel.
[[Page 23752]]
The haul-out will be monitored on the day the outlet channel is
constructed and daily for up to the maximum 2 days allowed for channel
excavation activities. Monitoring will also occur on each day that the
outlet channel is maintained using heavy equipment for the duration of
the lagoon management period. Monitoring will correspond with that
described under the ``Baseline'' section previously, with the exception
that management activity monitoring duration is defined by event
duration, rather than being set at 8 hours. On the day of the
management event, pinniped monitoring begins at least 1 hour prior to
the crew and equipment accessing the beach work area and continues
through the duration of the event, until at least 1 hour after the crew
and equipment leave the beach.
In an attempt to understand whether seals from the Jenner haul-out
are displaced to coastal and river haul-outs nearby when management
events occur, other nearby haul-outs are monitored concurrently with
event monitoring. This provides an opportunity to qualitatively assess
whether these haul-outs are being used by seals displaced from the
Jenner haul-out. This monitoring will not provide definitive results
regarding displacement to nearby coastal and river haul-outs, as
individual seals are not marked, but is useful in tracking general
trends in haul-out use during disturbance. As volunteers are required
to monitor these peripheral haul-outs, haul-out locations may need to
be prioritized if there are not enough volunteers available. In that
case, priority will be assigned to the nearest haul-outs (North Jenner
and Odin Cove), followed by the Russian River estuary haul-outs, and
finally the more distant coastal haul-outs.
For all counts, the following information will be recorded in
thirty minute intervals: (1) Pinniped counts, by species; (2) behavior;
(3) time, source and duration of any disturbance; (4) estimated
distances between source of disturbance and pinnipeds; (5) weather
conditions (e.g., temperature, wind); and (5) tide levels and estuary
water surface elevation.
Monitoring During Pupping Season--As described previously, the
pupping season is defined as March 15 to June 30. Baseline, lagoon
outlet channel, and artificial breaching monitoring during the pupping
season will include records of neonate (pups less than 1 week old)
observations. Characteristics of a neonate pup include: Body weight
less than 15 kg; thin for their body length; an umbilicus or natal
pelage present; wrinkled skin; and awkward or jerky movements on land.
SCWA will coordinate with the Seal Watch monitoring program to
determine if pups less than 1 week old are on the beach prior to a
water level management event.
If, during monitoring, observers sight any pup that might be
abandoned, SCWA will contact the NMFS stranding response network
immediately and also report the incident to NMFS' Southwest Regional
Office and NMFS Office of Protected Resources within 48 hours.
Observers will not approach or move the pup. Potential indications that
a pup may be abandoned are no observed contact with adult seals, no
movement of the pup, and the pup's attempts to nurse are rebuffed.
Reporting
SCWA is required to submit a report on all activities and marine
mammal monitoring results to the Office of Protected Resources, NMFS,
and the Southwest Regional Administrator, NMFS, 90 days prior to the
expiration of the IHA if a renewal is sought, or within 90 days of the
expiration of the permit otherwise. This annual report will also be
distributed to California State Parks and Stewards, and would be
available to the public on SCWA's Web site. This report will contain
the following information:
The number of seals taken, by species and age class (if
possible);
Behavior prior to and during water level management
events;
Start and end time of activity;
Estimated distances between source and seals when
disturbance occurs;
Weather conditions (e.g., temperature, wind, etc.);
Haul-out reoccupation time of any seals based on post
activity monitoring;
Tide levels and estuary water surface elevation; and
Seal census from bi-monthly and nearby haul-out
monitoring.
The annual report includes descriptions of monitoring methodology,
tabulation of estuary management events, summary of monitoring results,
and discussion of problems noted and proposed remedial measures. SCWA
will report any injured or dead marine mammals to NMFS' Southwest
Regional Office and NMFS Office of Protected Resources.
Estimated Take by Incidental Harassment
We are authorizing SCWA to take harbor seals, California sea lions,
and northern elephant seals, by Level B harassment only, incidental to
estuary management activities. These activities, involving increased
human presence and the use of heavy equipment and support vehicles, are
expected to harass pinnipeds present at the haul-out through behavioral
disturbance only. In addition, monitoring activities prescribed in the
BiOp may result in harassment of additional individuals at the Jenner
haul-out and at the three haul-outs located in the estuary. Estimates
of the number of harbor seals, California sea lions, and northern
elephant seals that may be harassed by the activities is based upon the
number of potential events associated with Russian River estuary
management activities and the average number of individuals of each
species that are present during conditions appropriate to the activity.
As described previously in this document, monitoring effort at the
mouth of the Russian River has shown that the number of seals utilizing
the haul-out declines during bar-closed conditions. Tables 1 and 2
detail the total number of authorized takes. Methodology of take
estimation was discussed in detail in our notice of proposed IHA (78 FR
14985, March 8, 2013).
Table 1--Estimated Number of Harbor Seal Takes Resulting From Russian
River Estuary Management Activities
------------------------------------------------------------------------
Number of animals Potential total number of
expected to occur Number of events individual animals that may be
\a\ b c taken
------------------------------------------------------------------------
Lagoon Outlet Channel Management (May 15 to October 15)
------------------------------------------------------------------------
Implementation: Implementation: 3 Implementation: 360.
120 \d\
Maintenance and Maintenance: Maintenance: 1,213.
Monitoring:
May: 103 May: 1
June: 120 June-Sept: 4/
month
[[Page 23753]]
July: 117 Oct: 1
---------------------------------------------------
Aug: 17 Monitoring: Monitoring: 566.
Sept: 18 June-Sept: 2/
month
-----------------------------------
Oct: 22 Oct: 1 Total: 2,139.
------------------------------------------------------------------------
Artificial Breaching
------------------------------------------------------------------------
Oct: 22 Oct: 2 Oct: 44.
Nov: 11 Nov: 2 Nov: 22.
Dec: 42 Dec: 2 Dec: 84.
Jan: 32 Jan: 1 Jan: 32.
Feb: 83 Feb: 1 Feb: 83.
Mar: 135 Mar: 1 Mar: 135.
Apr: 173 Apr: 1 Apr: 173.
May: 103 May: 1 May: 103.
-----------------------------------
11 events maximum Total: 676.
------------------------------------------------------------------------
Topographic and Geophysical Beach Surveys
------------------------------------------------------------------------
Jan: 97 ................. Jan: 20.
Feb: 83 ................. Feb: 16.
Mar: 135 1 topographic Mar: 14.
survey/month
Apr: 143 ................. Apr: 14.
May: 134 2 geophysical May: 13.
Jun: 149 surveys/month, Jun: 15.
Sep-Dec; 1/
month, Jul-Aug,
Jan-Feb
Jul: 214 ................. Jul: 42.
Aug: 112 ................. Aug: 22.
Sep: 63 Surveys Sep: 18.
Oct: 50 considered to Oct: 15.
have potential
for take of 10
percent of
animals present
Nov: 106 ................. Nov: 33.
Dec: 42 ................. Dec: 12.
-----------------------------------
................. Total: 234.
------------------------------------------------------------------------
Biological and Physical Habitat Monitoring in the Estuary
------------------------------------------------------------------------
1 \e\ 81 81
-----------------------------------
Total ................. 3,130
------------------------------------------------------------------------
\a\ For Lagoon Outlet Channel Management and Artificial Breaching,
average daily number of animals corresponds with data from Table 2.
For Topographic and Geophysical Beach Surveys, average daily number of
animals corresponds with 2009-12 data from Table 1. Exceptions include
the months of February and March, for which there are no data on bar-
closed conditions, and December, when the few bar-closed surveys have
resulted in a zero average. For this latter, the more conservative
value was used.
\b\ For implementation of the lagoon outlet channel, an event is defined
as a single, two-day episode. It is assumed that the same individual
seals would be hauled out during a single event. For the remaining
activities, an event is defined as a single day on which an activity
occurs. Some events may include multiple activities.
\c\ Number of events for artificial breaching derived from historical
data. The average number of events for each month was rounded up to
the nearest whole number; estimated number of events for December was
increased from one to two because multiple closures resulting from
storm events have occurred in recent years during that month. These
numbers likely represent an overestimate, as the average annual number
of events is six.
\d\ Although implementation could occur at any time during the lagoon
management period, the highest daily average per month from the lagoon
management period was used.
\e\ Based on past experience, SCWA expects that no more than one seal
may be present, and thus have the potential to be disturbed, at each
of the three river haul-outs.
Table 2--Estimated Number of California Sea Lion and Elephant Seal Takes Resulting From Russian River Estuary
Management Activities
----------------------------------------------------------------------------------------------------------------
Potential total
Number of animals number of individual
Species expected to occur Number of events \a\ animals that may be
\a\ taken
----------------------------------------------------------------------------------------------------------------
Lagoon Outlet Channel Management (May 15 to October 15)
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter 1 6 6
once per event)..............................
Northern elephant seal (potential to encounter 1 6 6
once per event)..............................
----------------------------------------------------------------------------------------------------------------
[[Page 23754]]
Artificial Breaching
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter 1 8 8
once per event, Sep-Apr).....................
Northern elephant seal (potential to encounter 1 8 8
once per event, Dec-Mar).....................
----------------------------------------------------------------------------------------------------------------
Topographic and Geophysical Beach Surveys
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter 1 20 20
once per event, Sep-Apr).....................
Northern elephant seal (potential to encounter 1 20 20
once per event, Dec-Mar).....................
----------------------------------------------------------------------------------------------------------------
Biological and Physical Habitat Monitoring in the Estuary
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter 1 8 8
once per event, Sep-Apr).....................
Northern elephant seal (potential to encounter 1 8 8
once per event, Dec-Mar).....................
-----------------------------------------------------------------
Total:
California sea lion................... .................... .................... 42
Elephant seal......................... .................... .................... 42
----------------------------------------------------------------------------------------------------------------
\a\ SCWA expects that California sea lions and/or northern elephant seals could occur during any month of the
year, but that any such occurrence would be infrequent and unlikely to occur more than once per month.
Negligible Impact and Small Numbers Analysis and Determination
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.'' In determining whether or not authorized
incidental take will have a negligible impact on affected species
stocks, we consider a number of criteria regarding the impact of the
proposed action, including the number, nature, intensity, and duration
of Level B harassment take that may occur. Although SCWA's estuary
management activities may harass pinnipeds hauled out at the mouth of
the Russian River, as well as those hauled out at several locations in
the estuary during recurring monitoring activities, impacts are
occurring to a small, localized group of animals. No mortality or
injury is anticipated, nor will the action result in long-term impacts
such as permanent abandonment of the haul-out. Seals will likely become
alert or, at most, flush into the water in reaction to the presence of
crews and equipment on the beach. However, breaching the sandbar has
been shown to increase seal abundance on the beach, with seals quickly
re-inhabiting the haul-out following cessation of activity. In
addition, the implementation of the lagoon management plan may provide
increased availability of prey species (salmonids). No impacts are
expected at the population or stock level.
No pinniped stocks known from the action area are listed as
threatened or endangered under the ESA or determined to be strategic or
depleted under the MMPA. Recent data suggests that harbor seal
populations have reached carrying capacity; populations of California
sea lions and northern elephant seals in California are also considered
healthy.
The number of animals authorized to be taken for each species of
pinnipeds can be considered small relative to the population size.
There are an estimated 30,196 harbor seals in the California stock,
296,750 California sea lions, and 124,000 northern elephant seals in
the California breeding population. Based on extensive monitoring
effort specific to the affected haul-out and historical data on the
frequency of the specified activity, we are authorizing take, by Level
B harassment only, of 3,130 harbor seals, 42 California sea lions, and
42 northern elephant seals, representing 10.4, 0.01, and 0.03 percent
of the populations, respectively. However, this represents an
overestimate of the number of individuals harassed over the duration of
the proposed IHA, because the take estimates include multiple instances
of harassment to a given individual.
California sea lion and elephant seal pups are not known to occur
within the action area and thus will not be affected by the specified
activity. The action is not likely to cause injury or mortality to any
harbor seal pup, nor will it impact mother-pup bonding. The peak of
harbor seal pupping season occurs during May, when few management
activities are anticipated. However, the pupping season has been
conservatively defined as March 15-June 30 for mitigation purposes, and
any management activity that is required during pupping season will be
delayed in the event that a pup less than one week old is present on
the beach. As described previously in this document, harbor seal pups
are precocious, and mother-pup bonding is likely to occur within
minutes. Delay of events will further ensure that mother-pup bonding is
not likely to be interfered with.
Based on the foregoing analysis, behavioral disturbance to
pinnipeds at the mouth of the Russian River will be of low intensity
and limited duration. To ensure minimal disturbance, SCWA will
implement the mitigation measures described previously, which we have
determined will serve as the means for effecting the least practicable
adverse effect on marine mammals stocks or populations and their
habitat. We find that SCWA's estuary management activities will result
in the incidental take of small numbers of marine mammals, and that the
authorized number of takes will have no more than a negligible impact
on the affected species and stocks.
[[Page 23755]]
Impact on Availability of Affected Species for Taking for Subsistence
Uses
There are no relevant subsistence uses of marine mammals implicated
by this action.
Endangered Species Act (ESA)
There are no ESA-listed marine mammals found in the action area;
therefore, no consultation under the ESA is required for such species.
As described elsewhere in this document, SCWA and the Corps consulted
with NMFS under section 7 of the ESA regarding the potential effects of
their operations and maintenance activities, including SCWA's estuary
management program, on ESA-listed salmonids. As a result of this
consultation, NMFS issued the Russian River Biological Opinion (NMFS,
2008), including Reasonable and Prudent Alternatives, which prescribes
modifications to SCWA's estuary management activities. The effects of
the proposed activities and authorized take would not cause additional
effects for which section 7 consultation would be required.
National Environmental Policy Act (NEPA)
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), and
NOAA Administrative Order 216-6, we prepared an Environmental
Assessment (EA) to consider the direct, indirect and cumulative effects
to the human environment resulting from issuance of the original IHA to
SCWA for the specified activities and found that it would not result in
any significant impacts to the human environment. We signed a Finding
of No Significant Impact (FONSI) on March 30, 2010. We have reviewed
SWCA's application for a renewed IHA for ongoing estuary management
activities for 2013 and the 2012 monitoring report. Based on that
review, we have determined that the proposed action follows closely the
IHAs issued and implemented in 2010-12 and does not present any
substantial changes, or significant new circumstances or information
relevant to environmental concerns which would require a supplement to
the 2010 EA or preparation of a new NEPA document. Therefore, we have
determined that a new or supplemental EA or Environmental Impact
Statement is unnecessary, and reaffirm the existing FONSI for this
action. The 2010 EA and FONSI for this action are available for review
at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Determinations
We have determined that the impact of conducting the specific
estuary management activities described in this notice and in the IHA
request in the specific geographic region in Sonoma County, California
may result, at worst, in a temporary modification in behavior (Level B
harassment) of small numbers of marine mammals. Further, this activity
is expected to result in a negligible impact on the affected species or
stocks of marine mammals. The provision requiring that the activity not
have an unmitigable impact on the availability of the affected species
or stock of marine mammals for subsistence uses is not implicated for
this action.
Authorization
As a result of these determinations, we have issued an IHA to SCWA
to conduct estuary management activities in the Russian River from the
period of April 21, 2013, through April 20, 2014, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
Dated: April 16, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-09273 Filed 4-19-13; 8:45 am]
BILLING CODE 3510-22-P