BA_EFHA_USCG_Hono_103023_with appendices.pdf

Biological Assessment and Essential Fish Habitat Assessment for Seagoing Buoy Tender Mooring and Structural Pier Upgrades at U.S. Coast Guard Base Honolulu, Hawaii

Contract No. 70Z05019DWEAISI0 Task Order No. 70Z05022R43000006

Prepared for:

UNITED STATES COAST GUARD

Facilities Design & Construction Center 5505 Robin Hood Road, Suite K Norfolk, VA 23513-2431

Prepared by:

WSP USA Environment & Infrastructure Inc.

104 West Anapamu Street, Suite 204A Santa Barbara, CA 93101

October 2023

Biological Assessment for Seagoing Buoy Tender Mooring and Structural Pier Upgrades USCG Base Honolulu i

ABBREVIATIONS AND ACRONYMS ....................................................................................... IV

1.0 INTRODUCTION

1.1 Background

1.1.1 USCG District 14

1.1.2 Base Honolulu

1.2 Purpose and Need

1.3 Project Description

1.3.1 Berth G Expansion

1.3.2 Berth G Lateral Extension

1.3.3 Berth F Floating Dock

1.3.4 Construction Methods

1.3.5 Construction Timing

1.3.6 Conservation Measures and Best Management Practices

1.4 Action Area

2.0 FEDERALLY LISTED SPECIES AND CRITICAL HABITAT IN THE ACTION AREA

2.1 Green Sea Turtle

2.1.1 Green Sea Turtle Critical Habitat

2.2 Hawksbill Sea Turtle

2.2.1 Hawksbill Sea Turtle Critical Habitat

2.3 Hawaiian Monk Seal

2.3.1 Hawaiian Monk Seal Critical Habitat

3.0 ESSENTIAL FISH HABITAT

3.1 Bottomfish and Seamount Groundfish Management Unit Species

3.2 Crustacean Management Unit Species

3.3 Coral Reef Ecosystem Management Unit Species

3.4 Pacific Pelagic Management Unit Species

3.5 Habitat Areas of Particular Concern

4.0 EXISTING ENVIRONMENTAL CONDITIONS AND POTENTIAL EFFECTS OF

THE PROPOSED PROJECT

4.1 General

4.1.1 Existing Conditions

4.1.2 Effects of the Action

4.2 Noise

4.2.1 Existing Conditions

4.2.2 Effects of the Action

4.3 Water Quality

4.3.1 Existing Conditions

4.3.2 Effects of the Action

4.4 Forage Fish and Invertebrates

4.4.1 Existing Conditions

4.4.2 Effects of the Action

5.0 EFFECTS OF THE ACTION ON LISTED SPECIES AND THEIR CRITICAL HABITAT . 40

5.1 Direct Effects

5.1.1 Noise

5.1.2 Vessel Strikes

TABLE OF CONTENTS

(Continued) ii

5.1.3 Water Quality

5.1.4 Critical Habitat Modification

5.2 Indirect Effects

6.0 EFFECTS OF THE ACTION ON ESSENTIAL FISH HABITAT

6.1 Existing Conditions

6.1.1 Corals

6.1.2 Non-Coral Invertebrates

6.1.3 Fish

6.2 Effects of the Action

6.2.1 Conversion or Loss of Habitat

6.2.2 Decreased Water Quality

6.2.3 Noise

6.2.4 Introduction of Invasive Species

6.3 Proposed Minimization and Offset Measures

6.3.1 Minimization Measures

6.3.2 Offset Measures

7.0 INTERRELATED AND INTERDEPENDENT ACTIONS AND CUMULATIVE EFFECTS 63

8.0 SUMMARY

9.0 REFERENCES

APPENDICES

Appendix A: USFWS and NMFS Species Lists Appendix B: Federally listed Species’ Life Histories Appendix C: 2023 Benthic Survey Report

FIGURES

Figure 1. General Vicinity Map Figure 2. USCG Base Honolulu Berthing Facilities Figure 3. Action Area Figure 4. Cross-Section of General Bathymetry at Berths F and G Figure 5. Level A (Injury) and Level B (Behavioral) Zones for the Hawaiian Monk Seal Figure 6. Level A (Injury) and Level B (Behavioral) Zones for Green and Hawksbill Sea Turtles

TABLE OF CONTENTS

(Continued) iii

TABLES

Table 1: Structural Pier Components that would be Removed and Installed Table 2: Federally Listed Species with Potential to Occur in the Vicinity of the Action Area Table 3: Noise Generating Project Activities and Associated Noise Levels Table 4: Noise-Generating Project Activities and Associated Noise Levels for Fish Table 5: Level A and Level B Exposure Distances for Sea Turtles and Hawaiian Monk Seal Table 6: Final Effects Determinations for Federally listed Species Occurring in the Action Area Table 7: Final Effects Determinations for EFH Occurring in the Action Area iv

ABBREVIATIONS AND ACRONYMS

°C degrees Celsius °F degrees Fahrenheit µPa micropascal(s) μPa2s micropascal(s) squared-second AFRC Anuenue Fisheries Research Center BA Biological Assessment Base Base Honolulu BMP Best Management Practice Caltrans California Department of Transportation CFR Code of Federal Regulations cm centimeter CPB Coastal Patrol Boat CWA Clean Water Act D14 Fourteenth Coast Guard District dB decibel(s) dBRMS root mean square decibels DHS Department of Homeland Security DLNR-DAR Hawaii Department of Land and Natural Resources – Division of

Aquatic Resources DO dissolved oxygen DoN Department of the Navy DPS Distinct Population Segment DTH Down the Hole (Drilling) EFH(A) Essential Fish Habitat (Assessment) ERMA Environmental Response Management Application ESA Endangered Species Act FEP Fishery Ecosystem Plan FMP Fishery Management Plan FR Federal Register FRC Fast Response Cutter ft2 square foot HAPC Habitat Area of Particular Concern HIDOH Hawaii Department of Health Hz hertz IPaC Information for Planning and Conservation IPCC Intergovernmental Panel on Climate Change kHz kilohertz km2 square kilometer m2 square meter MAA May Adversely Affect MLLW mean lower low water MMPA Marine Mammal Protection Act MRCI Marine Research Consultants, Inc.

MSA Magnuson-Stevens Fishery Conservation and Management Act MUS Management Unit Species NAE No Adverse Effect v

NE No Effect NH4 ammonium NLAA Not Likely to Adversely Affect NMFS National Marine Fisheries Service NO3 + NO2 nitrate + nitrite nitrogen NOAA National Oceanic and Atmospheric Administration NRC National Research Council NSC National Security Cutter PBF Physical Biological Feature PIRO Pacific Islands Regional Office PSO Protected Species Observer RMS root mean square SELcum cumulative sound exposure level SELss single strike sound exposure level SPL sound pressure level TMDL Total Maximum Daily Load TN Total Nitrate TSS Total Suspended Solids USACE U.S. Army Corps of Engineers USCG U.S. Coast Guard USDOT U.S. Department of Transportation USEPA U.S. Environmental Protection Agency USFWS U.S. Fish and Wildlife Service WLB Seagoing Buoy Tender WNAA Would Not Adversely Affect WPB Coastal Patrol Boat WPRFMC Western Pacific Regional Fishery Management Council WPS World Port Source

Project No.: 3-3601-0033 October 2023

DRAFT BIOLOGICAL ASSESSMENT AND

ESSENTIAL FISH HABITAT ASSESSMENT

Seagoing Buoy Tender Mooring and Structural Pier Upgrades at U.S. Coast Guard Base Honolulu, Hawaii

1.0 INTRODUCTION

The U.S. Coast Guard (USCG) is proposing the extension of an existing berth at Base Honolulu (Base) to accommodate the anticipated return of a second 225-foot Seagoing Buoy Tender (WLB) from its off-site mid-cycle assessment. Additionally, the USCG is considering a new floating dock to better accommodate each of the existing Fast Response Cutters (FRCs) stationed at the Base. Collectively, these areas are referred to as the proposed Project.

Compliance with Section 7 of the Endangered Species Act ([ESA]; as amended in 1978, 1979, and 1982) is a prerequisite for approval by the U.S. Army Corps of Engineers (USACE) Clean Water Act (CWA) Section 404 and Rivers and Harbors Act Section 10 permits. The ESA directs any federal agency to ensure that actions which are authorized, funded, or conducted by the agency are not likely to jeopardize the continued existence of any federally listed, proposed, or candidate species, or Critical Habitat. Pursuant to this requirement, this Biological Assessment (BA) has been prepared to serve as the basis for a determination of effects of the project on federally listed, proposed, or candidate species under the jurisdiction of both the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS), also known as NOAA Fisheries.

The Magnuson-Stevens Fishery Conservation and Management Act (MSA) established procedures designed to identify, conserve, and enhance Essential Fish Habitat (EFH) for those species regulated under a Federal Fisheries Management Plan (FMP). The Act requires Federal action agencies to consult with NOAA Fisheries on all actions, or proposed actions, authorized, funded, or undertaken by the agency, that may adversely affect EFH. Pursuant to the MSA and the 1996 Sustainable Fisheries Act, NMFS has determined that EFH consultation is necessary for the proposed Project. This document also serves as the EFH Assessment (EFHA) for a determination of the effects of the project on EFH in the Action Area.

As part of the project planning process for the proposed pier extensions at the Base, the USCG has worked closely with the NOAA Fisheries to identify opportunities and constraints as they relate to project design to identify Best Management Practices (BMPs) to incorporate into the project. USCG’s goal is to avoid or minimize adverse environmental impacts to the extent feasible while maintaining project viability and ability to meet the purpose and need.

1.1 BACKGROUND

The USCG is the oldest maritime agency in the Nation. The USCG’s area of responsibility includes over 95,000 miles of U.S. coastlines, waterways, and harbors; more than 3.36 million square miles of Exclusive Economic Zone and U.S. territorial seas; and international waters or other maritime regions of importance to the U.S. The USCG is a multi-missioned military and maritime service located within the Department of Homeland Security (DHS).

1.1.1 USCG District 14

In 1939, the Fourteenth Coast Guard District (D14) was established in Honolulu with 230 personnel. Today, more than 1,150 active duty, 150 reserve, 80 civilian, and 400 auxiliary men and women support D14. The area of responsibility for D14 includes more than 12.2 million square miles of land and sea, with units on Oahu, Maui, Kauai, the Big Island of Hawaii, and in American Samoa, Saipan, Guam, Singapore, and Japan. The District Commander oversees 25 operational units ashore and afloat throughout the Pacific. These operational units regularly perform missions related to maritime safety, protection of natural resources, maritime security, homeland security, and national defense (USCG 2022).

D14 personnel conduct a variety of daily operations in support of the USCG’s statutory missions, including search and rescue; coastal and open Pacific Ocean patrol to enforce safety and fisheries regulations, safety and compliance inspections and exams on commercial vessels and waterfront facilities, and national strategic defense and critical infrastructure protection. D14 personnel enforce federal laws on the high seas and navigable waters of the U.S., including the territorial seas, by conducting illegal alien and drug interdiction and protecting living marine resources by managing a maritime environmental protection program aimed at preventing, detecting, and controlling pollution in Hawaii’s waters and throughout the Pacific. Personnel also maintain navigation aids such as buoys and harbor entrance day boards and administer a boating safety program (in concert with the Coast Guard Auxiliary).

1.1.2 Base Honolulu

Base Honolulu is a multi-mission facility currently equipped with the following vessel inventory:

• Two 87-foot Island Class Control Boats (WPBs);

• Two 225-foot Seagoing Buoy Tenders (WLBs);

• Three 154-foot Fast Response Cutters (FRCs); and

• Two 418-foot National Security Cutters (NSCs).

Although the USCG carries out numerous missions from the Base, its primary mission is distress response. Fulfillment of this mission includes training personnel, maintaining awareness of emergent distress through lookout activities and communications watches, and responding to distress situations. Secondary missions include safety inspections, security and law enforcement patrols (including fisheries enforcement activities) and providing initial pollution response.

The Base is located on the south side of the island of Oahu in the Honolulu Harbor on the north side of Sand Island (Figure 1). The Base occupies approximately 40.76 acres on Sand Island (USCG 1992). Sand Island is located along the southern border of the Honolulu Harbor, south of downtown Honolulu, and is linked to downtown Honolulu by the Sand Island Parkway which bridges the Kalihi Channel and Kapalama Basin. Mooring facilities are located within the Kapalama Channel which connects the Kapalama Basin to the west and the Main Basin to the east. These mooring facilities are maintained along the entire northeast property limit on the Kapalama Channel and includes seven Berths: A through G (Figure 2).

The proposed Project is located within previously developed and/or currently developed areas and in-water work is limited to Berths F and G. Upland areas may be used for staging areas and would be confined to paved parking areas (Figure 2).

Figure 1. General Vicinity Map

Figure 2. USCG Base Honolulu Berthing Facilities

1.2 PURPOSE AND NEED

The two-pronged purpose of the proposed Project is to accommodate the anticipated return of a second 225-foot WLB from its off-site mid-cycle assessment and to better accommodate each of the existing FRCs at Base Honolulu.

Previous homeporting of two NSCs at the Base modified one of the existing WLB berths for NSC use. The overarching need for the proposed Project is to upgrade the existing waterfront facilities at the Base to support both WLBs and NSCs simultaneously. The USCG is also considering the construction of a floating pier (connected by a small dolphin) that could be used as another berth for one of the three existing FRCs at the Base. The need for this floating pier is to avoid inefficient temporary berthing options (i.e., stacked or nested) when all the three FRCs are in berth at the Base. Periods of maintenance and on/offloading would otherwise require shifting the berth positions of the FRCs, increasing overall downtime of the vessels.

1.3 PROJECT DESCRIPTION

The USCG is proposing the extension of existing Berth G at Base Honolulu to accommodate the anticipated return of a second 225-foot WLB. In addition, a new floating dock at Berth F would be installed to better accommodate the three existing FRCs at the Base. It is possible that not all components would be constructed. For the purposes of this BA and EFHA, the USCG is including the maximum development potential of all three construction components. The components have not yet been designed, but the USCG has estimated the greatest extent for these components that is necessary and have estimated the pile size, number, and material type necessary for structural support. This is based on previous experience with these types of piers in similar conditions. The final design may not be what is described in this document but is expected to be the same size or smaller. Therefore, the impacts are expected to be the same or smaller. Table 1 includes a summary of each component and the respective pile removal/installation and over-water square footage. The proposed Project consists of the three components: Berth G Expansion; Berth G Lateral Extension; and Berth F Floating Dock.

1.3.1 Berth G Expansion

The USCG proposes to extend Berth G by constructing a fixed, pile-supported pier extending approximately 110 feet (ft) eastward from Berth G to berth the returning second WLB. The proposed Project would allow for adequate mooring of the WLB including fenders, mooring hardware, and services. The electrical service for the WLB would need to be upgraded; these upgrades would require a new switch and circuit breaker, isolation transformer, motor control center, additional conduit, and power mound to meet WLB requirements. Materials required for support piles have not been determined at this design stage but could include either steel or concrete (precast or auger-cast).

For this component, 16 24-inch diameter concrete fender piles would be removed from the existing Berth G and replaced with 16 24-inch diameter concrete or steel fender piles. The expansion of Berth G by 110 ft to the east would include an area of 2,750 square feet (ft2) of overwater coverage. To support this berth extension, up to 40 new 24-inch concrete or steel piles would be installed. In addition, a mooring dolphin would be installed supported by one 48-inch diameter concrete or steel pile and a catwalk of 123 ft2 installed to the east of Berth G Expansion.

1.3.2 Berth G Lateral Extension

The proposed extension of Berth G described above would create a trapezoidal gap in the in-water wharf infrastructure between the Berth F bulkhead and the new Berth G Expansion.

Forklifts or other equipment entering Berth G would need to make a tight turn to avoid buildings and other infrastructure in this area. Therefore, the USCG is also considering an option to construct a small lateral pier extension to fill this gap. This Berth G Lateral Extension would involve the construction of a bulkhead and pile-supported decking that would allow safer personnel, equipment, and vehicle transit to and from Berth G. Although other options are available (e.g., placement of fill), the USCG is proposing pile-supported decking to minimize impacts on water quality.

For this component, the trapezoidal area would be up to 1,335 ft2 and would be supported by up to 19 new 24-inch concrete or steel piles.

1.3.3 Berth F Floating Dock

The USCG would also demolish and dispose of the existing 1,452 ft2 floating dock (supporting an 87-foot Coastal Patrol Boat [CPB] currently sited at Berth G), to include removal of six 24-inch octagonal concrete piles. The grated floating gangway may be reused if the construction options described below are executed.

The USCG would construct a new precast concrete floating dock that would attach to the east side of the new fixed Berth G via a small gangway, occupying 260 ft2 off the Berth F area. The floating dock would also attach to the existing mooring dolphin at the east end of Berth F. This floating dock would support an existing 154-foot FRC. Shore ties and some additional hardware would be required to support the FRC. The 175-foot-long new floating dock would cover an area up to 2,625 ft2 and be supported by eight new 24-inch diameter concrete or steel piles.

Table 1: Structural Pier Components that would be Removed and Installed

Removal Activities Installation Activities

Pier Component Over-water Area Pile number and sizes

Over-water Area Pile number and sizes

Berth G Expansion Pier expansion

- Remove 16 20-to 24-inch concrete fender piles

110 ft x 25 ft Area = 2,750 ft2

Replace 16 20- to 24-inch fender piles Install 40 20- to 24-inch diameter concrete or steel piles

Berth G Extension Mooring Dolphin

- - Catwalk Area = 123 ft2

Install one 48-inch diameter concrete or steel pile

Berth G Lateral Extension

- - Install Expansion Area = 1,335 ft2

19 20- to 24-inch diameter concrete or steel piles

Berth F Floating Dock

Remove 121 ft x 12 ft = 1,452 ft2

Remove 6 20-to 24-inch diameter concrete piles

Install 175 ft x 15 ft Area = 2,625 ft2

Install 8 20- to 24-inch diameter concrete or steel piles

Berth F Catwalk

Existing catwalk may be reused

- 52 ft x 5 ft Area = 260 ft2

Total Area = 1,452 ft2

Remove 22 20-to 24-inch concrete piles

Area = 7,093 ft2 Total new piles 83 20- to 24-inch 1 48-inch (mooring dolphin)

Notes: ft=foot; ft2=square foot

The proposed Project would remove 22 20- to 24-inch concrete piles and remove a floating dock that includes 1,452 ft2 of overwater coverage. The project would install a total of up to 84 piles (1 48-inch and 83 20- to 24-inch piles) and 7,093 ft2 of overwater coverage. Since the removed floating dock is located within the footprint of the Berth G Expansion, this area of overwater coverage would remain the same, so actual new overwater coverage is expected to be up to 5,641 ft2. All pilings would be placed under berth extension/expansions. The current design of the floating dock has the piling placement adjacent and shoreward of the dock to maximize dock space. The total footprint of the 84 pilings would be up to 273 ft2.

1.3.4 Construction Methods

It is anticipated that all work would be performed from the existing pier, adjacent upland areas, and support barges. Pile removal would likely occur by vibratory removal or pile cutting with an underwater pile clipper. The USCG assumes that all demolished pilings and other wood debris would be chemically treated and require special disposal.

The exact piling installation method would be further investigated during the design phase and geotechnical investigation. However, based on previous installation methods conducted in Honolulu Harbor, it is assumed that piles would be installed directly into the bedrock for the first 6 ft to minimize noise disturbance. It is expected that the first 6 ft would require approximately

50 minutes of down-the-hole (DTH) drilling (i.e., rock socketing). Rock sockets are typically constructed utilizing typical rotary bits for drilling and percussion-type drill devices which use a rapidly pulsed impact motion that breaks up the rock to allow for simultaneous removal of the fragments. Beyond 6 ft, piles would be installed by impact pile driving. It is estimated that 286 strikes would be required to install each 24-inch pile. A maximum of 1 minute of impact hammering may be required to proof each pile. It is anticipated that four piles would be installed each day for a maximum of 22 days of pile installation. A hammer cushion and/or a bubble curtain would be used to attenuate underwater sound created by the impact pile driver. Cross-bracings and bents would be installed using a combination of power tools and hand tools.

The USCG has not yet prepared bid documents for construction of the proposed Project. It is expected that the contractor would use a combination of in-water and on-shore methods to accomplish the proposed Project. It is anticipated that access to the project site by construction crews would occur primarily from land. Construction vehicles and equipment would access the site from Sand Island Parkway, a four-lane road providing access to Base Honolulu via a secure, gated entrance.

A temporary project-related equipment and material staging area would be required and is anticipated to be located on paved parking areas adjacent to Berth F and G (Figure 2).

Selection of the portion of the parking lot to be used would ensure that adequate parking would remain available for the duration of project implementation.

1.3.5 Construction Timing

It is anticipated that the in-water work would require 6 months to complete and approximately 12 months to complete the entire project. Depending on project design and contractor award, the USCG anticipates construction to begin in 2024.

1.3.6 Conservation Measures and Best Management Practices

The proposed Project would be designed to minimize potential impacts on environmental conditions, federally listed species, and EFH by incorporating and implementing the following conservation measures and BMPs:

BMP 1. General

A. Prior to mobilizing, the contractor would ensure that all construction equipment, ballast, and vessel hulls do not pose a risk of introducing new invasive species and would not increase abundance of those invasive species present in Honolulu Harbor.

B. Where practicable, in-water work would be conducted at low and/or slack tide. As practicable, in-water and over-water work would be conducted during calm sea states with work stoppages during high surf, winds, and currents. In the event of approaching foul weather (i.e., tropical storms and hurricanes), equipment would either be removed from the Project site or adequately secured.

C. In-water work would only be conducted during normal business hours (i.e., 8 am to 5 pm) to avoid most of the sensitive spawning periods for coral species in the harbor.

D. To the maximum extent practicable, equipment and material would be lowered to the bottom in a controlled manner. This can include the use of cranes, winches, or other equipment that affect positive control over the placement and rate of decent.

E. Only materials that are non-toxic to aquatic organisms would be used. For piles, concrete or steel would be used. All concrete grout, cement, and sealant used would be non-toxic and non-hazardous to aquatic organisms. Materials and equipment that enter the water would be clean and free of pollutants.

F. Temporary in-water tethers, as well as mooring lines for vessels and marker buoys shall be kept taut to the minimum length necessary and shall remain deployed only as long as needed.

BMP 2. Vessel Strikes

A. When piloting vessels, vessel operators shall alter course to remain at least 100 meters, or 328 ft from whales, and at least 50 meters (164 ft) from other marine mammals and federally listed marine animals. Reduce vessel speed to 10 knots or less when piloting vessels in proximity of federally listed marine mammals, sharks, and rays; and 5 knots or less in areas of suspected sea turtle activity. If a marine mammal or turtle approaches the vessel, the vessel operator would put the engine in neutral until the animal is at least 15 meters (~50 ft) away, and then slowly move away to the prescribed distance. Marine mammals and sea turtles shall not be encircled or trapped between multiple vessels or between vessels and the shore.

B. If a federally listed species is adversely affected as a result of the project, all work must stop until coordination with NMFS has been completed.

BMP 3. Accidental spills and discharges

A. To the maximum extent possible, project-related debris would not be allowed to enter the water. Any project-related debris that inadvertently enters the water would be removed. A containment system would be placed under the deck during removal and installation. A temporary floating debris boom would be installed around all work located below the high tide line. The location of the boom would shift as a result of in-water work shifts during Project phasing.

B. The contractor would be required to implement a Storm Water Pollution Prevention Plan to control/eliminate stormwater runoff from entering the harbor.

C. Construction equipment is to be kept in good repair without leaks of hydraulic or lubricating fluids. Equipment would be checked daily, and leaks or drips occur, they shall be cleaned up immediately. Drip pans shall be utilized when construction equipment is parked. Equipment maintenance and/or repair would be confined to one location. Runoff from this area would be controlled to prevent contamination of soils and water.

D. Fueling of land-based vehicles and equipment shall take place at least 50 ft away from the water (and away from drains), preferably over an impervious surface. Fueling of vessels shall be done at approved fueling facilities. Any fuel spilled would be cleaned up immediately and the pads and materials would be properly disposed of.

E. A contingency plan to control toxic materials shall be developed and followed to prevent toxic materials from entering or remaining in the marine environment during the project.

F. Spill kits with appropriate materials to contain and clean a spill would be kept on site at all times.

G. Concrete for decking would be pumped into watertight forms. All precautions shall be followed to prevent concrete from mixing with water and to prevent concrete from flowing through water. Concrete shall be pumped through hoses or tremied and started with the nozzle facing downward at the deepest part of the placement. The concrete placement shall be continuous with the nozzle several feet below the top surface of the fluid concrete. Water displaced by the concrete shall be captured and treated or removed from the site. The top portion of the concrete that has mixed with water shall be captured and removed from the site. Anti-washout admixture shall be required, and provided per the manufacturer’s recommendation, or 10 ounces per 100 pounds of cement, whichever is greater.

BMP 4. Turbidity

A. During all in-water and over-water work that may increase turbidity (e.g., pile removal, cutting, installation), silt curtains would completely enclose the work area to the maximum extent practicable to reduce the potential for sediments to leave the immediate vicinity. Silt curtains would be monitored for damage, dislocation, or gaps on a daily basis, and immediately repaired where any such damage or issues are detected.

B. The contractor would conduct turbidity monitoring in accordance with CWA 401 standards. This monitor would have project shut down authorization if turbidity levels exceed levels in permit standards. The monitoring would also evaluate the silt curtains to make sure they are working properly and would stop work to adjust if needed.

BMP 5. Noise

A. It is likely that bottom substrate would not allow vibratory installation, and piles may need to be installed by impact pile driving. Hammer cushions and/or bubble curtains would be used to reduce underwater sound created during pile driving. The top 6 ft would be pre-drilled to provide a soft start when an impact hammer is used.

B. Pile driving would employ soft-start or ramp-up techniques (slow increase in hammering intensity), at the start of each workday or following any break of more than 30 minutes.

C. Pile driving would only be conducted during normal business hours (i.e., 8 am to 5 pm) and when no sea turtles or marine mammals have been observed in the areas of impact for these species as described in Section 5.1.1.

BMP 6. Marine Mammal and Sea Turtle Monitoring

A. A Protected Species Observer (PSO) competent in the identification of marine mammals and sea turtles would ensure that the Level A (injury) and Level B (behavioral) zones are clear of those species 30 minutes prior to underwater noise activities, following any break of more than 30 minutes, and for 30 minutes following the daily conclusion of pile driving. The observer would be required to monitor the area of noise impact continuously throughout each day during in-water activities and shall have the authority to halt operations if a marine mammal or sea turtle enters its area of impact. The PSO would ensure they have visibility of the entire area of noise impact. For some activities, this may entail more than one PSO to ensure suitable coverage. Suggested locations could include both Pier 28 and Pier 33 to ensure effective visibility for marine mammals or sea turtles that could enter the harbor, but close enough to the project site to be able to identify sea turtles that may be more difficult to detect from greater distances.

B. For pile removal/installation, operations would be postponed or halted when any sea turtles or marine mammals are within their area of noise impact. This area differs for marine mammals and sea turtles. For all marine mammals including the Hawaiian monk seal, this distance is up to 13,594 meters. For sea turtles, this distance is up to 215 meters. Operations may not resume until that species has voluntarily departed its area of impact. These distances are an over-estimation since the extent of noise propagation is limited based on local shoreline topography that would interrupt and reduce maximum noise transmission. Figures 5 and 6 show the extent of monitoring area and the furthest extent of noise. The area of noise impact also varies for each underwater noise activity.

The distances for Level A and Level B zones are included for ESA species in Table 5. A detailed description is included in Sections 1.4 and 4.2.

C. For non-pile related activities, work shall be postponed or halted when a marine mammal or sea turtle is within 50 meters (164 ft) of the non-pile related work, and would only begin/resume after the animals has voluntarily departed the area. If a marine mammal or sea turtle is noticed within 50 meters (164 ft) after work has already begun, then work may continue only if, in the best judgement of the PSO, the activity would not adversely affect (i.e., disturb or harm) the animal(s). For example, divers performing underwater work (excluding the use of toxic chemicals) such as surveys would likely be permissible, whereas operation of heavy equipment is not.

D. If a Hawaiian monk seal is sighted, the PSO would immediately report the sighting to the NOAA Statewide Hawaii Marine Wildlife Hotline at 888-256-9840. The observer would be prepared to provide information about the sighting location and other site-specific information to help the operator determine the most appropriate response, if any.

E. The USCG would submit a report to NMFS within 90 calendar days upon the completion of the project including the following information:

a. Observer logs. All interactions with marine mammals and sea turtles must be documented.

b. Monitoring logs shall be completed daily. If no federally listed species are observed, the observer would record “0” in the daily report.

c. The monitoring logs would be submitted in a digital and query able format to NMFS, with the following information:

• Total hours and dates of monitoring including time of arrival and departure and time of pile driving commences and finishes,

• Identification of which ESA species were observed and in what location and circumstances, including date, time, numbers of individuals of species observed, the outcome of the species observance relative to the authorized project, and any factors which may have affected visibility,

• If applicable, observed federally listed species behaviors and movement types relative to the project activity at time of observation, and

• Any work stoppage, and length of stoppage time.

1.4 ACTION AREA

The Action Area is defined as all areas to be affected directly and indirectly by the federal action and not merely the immediate area involved in the action (ESA; Code of Federal Regulations [CFR] Title 50, part 17.11). The Action Area includes the geographic extent of physical, biological, and chemical impacts of the project. Consequently, the Action Area is usually larger than the project area and sometimes larger than the project vicinity.

The project area footprint includes the area of direct impact (i.e., dock/pier piling placement area and staging areas for equipment and materials). For the purpose of this BA and EFHA, the limit of underwater noise during pile-driving activities was identified as the activity with the greatest extent from the project area and therefore was used to determine the outer limit of the underwater Action Area.

A detailed noise analysis has been completed and provided in Section 4.2. The in-water Action Area extends 13,594 meters (8.4 miles) from the project area. The Action Area is limited based on local shoreline topography that would interrupt and reduce maximum noise transmission.

The upland portion of the Action Area includes all areas disturbed by upland construction activities which includes the contractor laydown areas adjacent to Berths F and G (Figure 2).

Figure 3 shows the Action Area extent for the proposed Project. The extent of the Action Area equals a total of 8,965,478 ft2 or 0.32 square miles.

Figure 3. Action Area

2.0 FEDERALLY LISTED SPECIES AND CRITICAL HABITAT IN THE ACTION

AREA

The USFWS and NOAA Fisheries share jurisdiction over implementation of the ESA in the U.S.

The USFWS is responsible for terrestrial plants and animals, and terrestrial habitat for nesting sea turtles. NOAA Fisheries is responsible for the federal listing of marine species and foraging habitat for sea turtles. Habitat to support protected terrestrial plants or animals does not exist at the project Site. Table 2 includes the federally listed species that may be present within the vicinity of the Action Area and their probability of occurrence within the Action Area. This list is based on information obtained from correspondence with the NOAA Fisheries Pacific Islands Regional Office and from the USFWS Pacific Islands Fish and Wildlife Office through Information for Planning and Consultation (IPaC) (See Appendix A). Three species have the potential to occur within the Action Area: the green sea turtle, hawksbill sea turtle, and Hawaiian monk seal. No candidate or proposed species were determined to have a potential to occur within the Action Area.

A brief habitat and distribution summary for each species expected to occur within the Action Area is provided below the table and detailed summaries for these species, including their biology, habitat, distribution, population trend, threats, conservation efforts, and Critical Habitat are provided in Appendix B. Other listed marine species that can occur in waters near the Honolulu Harbor, such as whales, were discounted because of their preferences for deeper offshore waters.

Table 2: Federally Listed Species with Potential to Occur in the Vicinity of the Action Area

Species Name Population Status Critical Habitat Occurrence in the Action Area Green sea turtle (Chelonia mydas)

Central North Pacific DPS

Threatened Proposed; within Action Area

Occasional transient in the Action Area. Action Area contains marginal foraging habitat, but no nesting habitat. Species has potential to occur.

Hawksbill sea turtle (Eretmochelys imbricata)

Entire species

Endangered Final designated;

none within Action Area

Rare in harbor areas. Action Area contains marginal foraging habitat, but no nesting habitat. Species has low potential to occur.

Hawaiian monk seal (Neomonachus schauinslandi)

Entire species

Endangered Final designated;

Honolulu Harbor excluded from designation, therefore none within Action Area

Occasional transient in the Action Area. Action Area contains marginal foraging habitat, but no haulout locations. Species has potential to occur.

Hawaiian hoary bat (Lasiurus semotus)

Entire Endangered None designated Roosts in leaves of trees, forages from forests gaps, clearings, along roads. Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Species Name Population Status Critical Habitat Occurrence in the Action Area Band-rumped Storm-petrel (Oceanodroma castro)

Hawaii population

Endangered None designated Nests in higher elevations and forages offshore. These habitats do not occur in the Action Area;

therefore, is not expected to occur.

Hawaiian Duck (Anas wyvilliana)

Entire species

Endangered None designated Suitable habitat includes wetlands, ponds, lakes, and swamps. These habitats do not occur in the Action Area; therefore, not expected to occur.

Hawaiian Common Gallinule (Gallinula galeata sandvicensis)

Entire species

Endangered None designated Suitable habitat includes marshes, streams, and wet meadows, and shrimp agricultural ponds. These do not occur in the Action Area;

therefore, not expected to occur.

Hawaiian Coot (Fulica americana alai)

Entire species

Endangered None designated Suitable freshwater or brackish habitat does not occur in the Action Area; therefore, not expected to occur.

Hawaiian petrel (Pterodroma sandwichensis)

Entire species

Endangered None designated Nests in higher elevations and forages offshore. These habitats do not occur in the Action Area;

therefore, not expected to occur.

Hawaiian stilt (Himantopus mexicanus knudseni)

Entire species

Endangered None designated Suitable nesting habitat includes early successional marshlands.

Forages in shallow water and mudflats. These habitats do not occur in the Action Area; therefore, not expected to occur.

Newell's Townsend’s shearwater (Puffinus auricularis newelli)

Entire species

Threatened None designated Forages offshore and nests mainly in Kauai on slopes and cliffs. Not expected to occur in the Action Area.

Short-tailed albatross (Phoebastria albatrus)

Entire species

Endangered None designated Forages offshore and nests in Japan and some Northwest Hawaiian Islands. Not expected to occur in the Action Area.

`akoko (Euphorbia celastroides var.

kaenana)

Entire species

Endangered Designated, but does not occur within the Action Area.

Suitable habitat includes dry shrubland. Habitat does not occur in the Action Area; therefore, species is not expected to occur.

`ena`ena (Pseudognaphalium sandweicensium var.

molokaiense)

Entire species

Endangered None designated Suitable habitat includes sandy soils, sand dunes and clay outcrops. Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Carter’s panicgrass (Panicum fauriei var.

carteri)

Entire species

Endangered Designated, but does not occur within the Action Area.

Suitable habitat includes sea cliffs.

Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Ewa Plains `akoko (Euphorbia skottsbergii var.

skottsbergii)

Entire species

Endangered Designated, but does not occur within the Action Area.

Suitable habitat includes coastal dry shrublands. Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Species Name Population Status Critical Habitat Occurrence in the Action Area Ihi (Portulaca villosa)

Entire species

Endangered None designated Suitable habitat includes rocky, clay, lava areas in coastal forests or dry shrublands. Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Ohai (Sesbania tomentosa)

Entire species

Endangered Designated, but does not occur within the Action Area.

Suitable habitat includes sandy beaches, dunes or pond margins.

Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Popolo (Solanum nelsonii)

Entire species

Endangered None designated Suitable habitat includes coral rubble or sand. Habitat does not occur in the Action Area; therefore, species is not expected to occur.

Sources: USFWS 2023; NOAA Fisheries 2023a; Appendix A.

All project activities would occur on the existing pier and adjacent in-water areas. No natural upland habitat is located within the Action Area, and therefore would not be disturbed. For this reason, there would be no effect on upland species including birds, the Hawaiian hoary bat, and all plants. These species are not discussed further in this BA.

2.1 GREEN SEA TURTLE

The green sea turtle was listed as a federally threatened species on July 28, 1978 (43 Federal Register [FR] 32800). On May 6, 2016, NMFS revised the listing to include eleven Distinct Population Segments (DPSs) worldwide on (81 FR 20058). Under this listing, the Central North Pacific DPS was identified and classified as threatened. The threatened Central North Pacific DPS has the potential to occur in the Action Area.

Green sea turtles feed mainly on algae and seagrasses, though they may also forage on sponges, invertebrates, and discarded fish. Prior to recruiting to nearshore foraging areas, pelagic juveniles forage on plant and animal life found in oceanic drift communities (NOAA Fisheries, 2023b).

The green turtle is a circumglobal species found in tropical seas and, to a lesser extent, in subtropical waters with temperatures above 68 degrees Fahrenheit (°F). Green turtles inhabiting the Hawaiian Islands are among the best known in the Pacific in terms of their nearshore benthic foraging pastures and associated underwater habitats. Important resident areas have been identified along the coastlines of Oahu, Molokai, Maui, Lanai, and the Big Island of Hawaii, as well as at Lisianski Island and Pearl and Hermes Reef (Balazs et al. 1987; Balazs 1979, 1980, 1982). Not all populations of green sea turtles bask on beaches, but basking occurs in the Hawaiian Archipelago for turtles to rest, thermoregulate, digest, and avoid predators (Whittow and Balazs 1982; Van Houtan et al. 2015). Nesting occurs in several locations including the Main Hawaiian Islands: however, currently 96 percent of nesting occurs on the French Frigate

Shoals for this DPS (Seminoff et. al. 2015). The shallow waters within French Frigate Shoals have been identified as inter-nesting habitat for adult females and also adult males that migrate to breed at this key site (Dizon and Balazs 1982). At the end of breeding season, male and females return to their foraging areas throughout the Main Hawaiian Islands (Seminoff et. al.

2015).

Little information is known about the first few years after hatching. Post-hatching green sea turtles enter the ocean and an oceanic phase mostly inhabiting upwelling zones where there is an accumulation of floating material. Juveniles exit the oceanic or pelagic phase at 4 to 10 years of age, and enter the neritic or nearshore phase where they forage in the same areas as adults around the Main Hawaiian Islands (Zug et. al. 2002).

Prior to 1920, nesting was abundant in various locations throughout the archipelago, however;

current population data shows 96 percent of the of the estimated 3,846 breeding females in the Central North Pacific DPS nest on the French Frigate Shoals. Only 11 nesting females are known to nest on beaches in Oahu (Seminoff et al. 2015). Nesting occurs at only 13 sites throughout the DPS, the lowest of any of the green sea turtle DPSs in the world. The most recent data suggests an annual increase of 4.8 percent in nest abundance throughout the DPS.

This increase is also observed in on-water populations throughout the Northwestern Hawaiian Islands including juveniles in foraging areas (Seminoff et al. 2015).

The Action Area for the proposed Project does not contain suitable nesting habitat for the green sea turtle. Based on surveys performed by the USACE for maintenance dredging in the Honolulu Harbor, foraging habitat (i.e., seagrass beds and algae) is minimal within the harbor and green sea turtles are more likely to occur in the entrance channel and nearshore waters where seagrass beds are present (USACE 2015). Surveys performed by the USFWS in 2013 observed a male green sea turtle foraging in the entrance channel (USFWS 2014 as cited in USACE 2015). Benthic surveys performed in 2023 within the project area did not identify any seagrass or macroalgae (Appendix C). Since green sea turtles may also feed on sponges and invertebrates, marginal foraging habitat does occur within the Action Area. Based on this information, the project area may contain marginal foraging habitat for green sea turtles, and there is potential for this species to transit the area.

2.1.1 Green Sea Turtle Critical Habitat

On July 19, 2023, the USFWS and NMFS concurrently proposed additional Critical Habitat that includes area in the Hawaiian Islands, including Oahu (88 FR 46376 and 88 FR 46572). The USFWS has jurisdiction over terrestrial habitats for sea turtles (e.g., nesting beaches) and NMFS has jurisdiction over marine areas (e.g., migration and foraging).

Proposed Critical Habitat by the USFWS includes nesting beaches within the range of the Central North Pacific DPS population (88 FR 46376). Although proposed Critical Habitat is located on Oahu and other Main Hawaiian Islands, these areas do not occur within the Action Area. The closest proposed terrestrial Critical Habitat on Oahu is Ewa Beach, approximately 8 miles west of Base Honolulu.

The NMFS also proposed marine Critical Habitat on July 19, 2023 which includes physical or biological features (PBFs) that are essential to the conservation of the species. The identified PBFs essential to the conservation of the Central North Pacific DPS include the following:

1. Reproductive essential feature: mean high water line to 20-meter depth adjacent to nesting beaches proposed as Critical Habitat by the USFWS, and

2. Benthic foraging/resting essential feature: from mean high water line to 20-meter depth, underwater refugia (e.g., caves, reefs, protective outcroppings, submarine cliffs, and “potholes”) and food resources (i.e., seagrass, marine algae, and/or marine invertebrates) of sufficient condition, distribution, diversity, abundance, and density necessary to support survival, development, growth, and/or reproduction.

Within the Action Area, only the benthic foraging/resting essential feature is present. The area included for proposed marine Critical Habitat on Oahu is 347 square kilometers (km2) (NOAA Fisheries, 2023c).

2.2 HAWKSBILL SEA TURTLE

The hawksbill sea turtle was listed as a federally endangered species on June 2, 1970 (35 FR 8491). Hawksbill turtles are omnivorous, but their preferred food in many areas is sea sponges.

They also eat marine algae, corals, mollusks, tunicates, crustaceans, sea urchins, small fish, and jellyfish. Sponges are limited in Hawaii, so they tend to be opportunistic in this region. The shape of their mouth and their sharp beaks enable them to reach into small holes and crevices in the reefs to find food (NOAA Fisheries, 2023d).

Hawksbill turtles are circumtropical in distribution, generally occurring from 30°N to 30°S latitude within the Atlantic, Pacific, and Indian Oceans and associated bodies of water. Hawksbills primarily nest on 26 main island beaches, on four of the Main Hawaii Islands: Hawaii (86.4 percent), Maui (8.1 percent), Molokai (5.5 percent) and Kauai (0.1 percent). The majority (84.9 percent) of the nesting occurs on five specific beaches: four on Hawaii (Kamehame, Pōhue, `Āpua, and Halapē) and one on Molokai (Hālawa). The remaining beaches have less than two nests per year at each site. Nesting occurs from April to December with a peak in July.

Research has shown high nest site fidelity and females usually return to the same beach to nest (Gaos et al. 2021).

There are no modern-day records of nesting hawksbills or their occurrence in nearshore marine habitats anywhere in the Northwestern Hawaiian Islands like the green sea turtle (Gaos et al.

2021). However, according to some early historical accounts, hawksbills may have occupied this region in past centuries (Van Houtan et al. 2012).

The juvenile stage of all sea turtles is not well known. From anecdotal, fishery, and stranding data, it is thought that juvenile hawksbills spend the first four years of their development in coastal pelagic waters and neritic areas of remote atolls (Van Houten et al. 2016). Post nesting females use depths less than 30 meters in the nearshore. Adults are found generally residing on the north and northeast sides of the islands while juveniles are found on the south and southwest sides (Parker et al. 2009).

Using stranding data (encounters with individuals who are sick, injured, or dead), individuals have been found on Oahu with several in Pearl Harbor and near Honolulu Harbor (Brunson et

al. 2022).

The Action Area for the proposed Project does not contain suitable nesting habitat for the hawksbill sea turtle.