NMFS Biological Opinion - USCG Sitka 2024.pdf

Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion and Conference Opinion

USCG Dock Construction, Seward and Sitka, Alaska

NMFS Consultation Number: AKRO-2024-00243

Action Agencies: National Marine Fisheries Service (NMFS), Office of Protected Resources, Permits and Conservation Division (Permits Division); United States Coast Guard (USCG)

Affected Species and Determinations:

ESA-Listed Species Status

Is the Action

Likely to Adversely

Affect Species?

Is the Action

Likely to Adversely

Affect Critical Habitat?

Is the Action

Likely to Jeopardize the Species?

Applicable Project Site

Steller Sea Lion, Western DPS (Eumetopias jubatus) Endangered Yes No No Seward and

Sitka Humpback Whale, Mexico DPS (Megaptera novaeangliae)

Threatened Yes No No Seward and Sitka

Humpback Whale, Western North Pacific DPS (Megaptera novaeangliae)

Endangered Yes No No Seward

Fin Whale (Balaenoptera physalus) Endangered Yes N/A No Seward and

Sitka North Pacific Right Whale (Eubalaena japonica) Endangered No No No Seward and

Sitka Sperm Whale (Physeter macrocephalus)

Endangered No N/A No Seward and Sitka

Sunflower Sea Star (Pycnopodia helianthoides)

Proposed Threatened

Yes N/A No Seward and Sitka

Consultation Conducted By: National Marine Fisheries Service, Alaska Region

Issued By: ________________________ Jonathan M. Kurland Regional Administrator

Date: December 3, 2024

USCG Seward and Sitka Docks – AKRO-2024-00243

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TABLE OF CONTENTS

1 INTRODUCTION 8

1.1 Background

1.2 Consultation History

2 DESCRIPTION OF THE PROPOSED ACTION AND ACTION AREA 13

2.1 Proposed Action

2.1.1 Proposed Activities 13

2.1.2 Mitigation Measures 17

2.1.3 AKR Standard Mitigation Measures 19

2.2 Action Area

3 RANGEWIDE STATUS OF THE SPECIES AND CRITICAL HABITAT 33

3.1 Species and Critical Habitat Not Likely to be Adversely Affected by the Action

3.1.1 North Pacific Right Whale and Sperm Whale 35

3.1.2 Steller Sea Lion and Mexico DPS Humpback Whale Designated Critical Habitat 37

3.2 Status of Listed Species Likely to be Adversely Affected by the Action

3.2.1 Western DPS Steller Sea Lion 39

3.2.2 Mexico and Western North Pacific DPS Humpback Whales 44

3.2.3 Fin Whale 49

3.2.4 Sunflower sea star 54

4 APPROACH TO THE ASSESSMENT 55

5 ENVIRONMENTAL BASELINE 57

5.1 Climate and Environmental Change

5.2 Sound

5.3 Fisheries Interactions

5.4 Pollutants and Contaminants

5.5 Vessel Interactions

5.6 Coastal Development

5.7 Subsistence Harvest

5.8 Sea Star Wasting Syndrome

5.9 Prior Section 7 Consultations

5.10 Environmental Baseline Summary

6 EFFECTS OF THE ACTION 69

6.1 Project Stressors

6.1.1 Minor Stressors on ESA-Listed and Proposed Species 70

6.1.2 Major Stressors on ESA-Listed and Proposed Species 75

6.2 Exposure Analysis

6.2.1 Ensonified Area 80

6.2.2 Marine Mammal Occurrence and Exposure Estimates 88

6.3 Response Analysis

6.3.1 Responses to Major Sound Sources (Pile Removal/Installation Activities) 91

6.3.2 Response Analysis Summary 98

7 CUMULATIVE EFFECTS 98

7.1 Vessel Traffic, Tourism, and Transportation

7.2 Fisheries (State of Alaska Managed)

7.3 Pollution

8 INTEGRATION AND SYNTHESIS 100

8.1 Mexico/WNP DPS Humpback Whale and Fin Whale Risk Analysis

8.2 Western DPS Steller Sea Lion Risk Analysis

8.3 Sunflower Sea Star Risk Analysis

8.4 Summary

9 CONCLUSION 105

10 INCIDENTAL TAKE STATEMENT 106

10.1 Amount or Extent of Take

10.2 Effect of the Take

10.3 Reasonable and Prudent Measures

10.4 Terms and Conditions

11 CONSERVATION RECOMMENDATIONS 111

12 REINITIATION OF CONSULTATION 112

13 DATA QUALITY ACT DOCUMENTATION AND PRE-DISSEMINATION REVIEW

13.1 Utility

13.2 Integrity

13.3 Objectivity

14 REFERENCES 114

LIST OF TABLES

TABLE 1. SUMMARY OF PILES TO BE INSTALLED OR REMOVED AT MOORINGS SEWARD AND MOORINGS SITKA TABLE 2. SHUTDOWN AND HARASSMENT ZONES BY ACTIVITY AT MOORINGS SEWARD AND MOORINGS SITKA

TABLE 3. SUMMARY OF AGENCY CONTACT INFORMATION

TABLE 4. LISTING STATUS F AND CRITICAL HABITAT DESIGNATION FOR SPECIES CONSIDERED IN THIS OPINION TABLE 5. PROBABILITY OF ENCOUNTERING HUMPBACK WHALES FROM EACH DPS IN THE NORTH PACIFIC OCEAN IN

VARIOUS FEEDING AREAS, ADAPTED FROM WADE (2012)

TABLE 6. SUMMARY OF PILES TO BE INSTALLED AT MOORINGS SEWARD AND MOORINGS SITKA

TABLE 7. SUMMARY OF SURFACE AREA/PILE TO BE REMOVED FROM MOORINGS SEWARD AND MOORINGS SITKA

TABLE 8. ACOUSTIC THRESHOLDS FOR LEVEL A HARASSMENT (NMFS 2024)

TABLE 9. UNDERWATER MARINE MAMMAL HEARING GROUPS (NMFS 2024)

TABLE 10. POTENTIAL NON-IMPULSIVE NOISE-GENERATING PROPOSED PROJECT ACTIVITIES AND ASSOCIATED NOISE

LEVELS LIKELY TO OCCUR AT MOORINGS SEWARD

TABLE 11. POTENTIAL IMPULSIVE NOISE-GENERATING PROPOSED ACTIVITIES AND ASSOCIATED NOISE LEVELS

LIKELY TO OCCUR AT MOORINGS SEWARD

TABLE 12. POTENTIAL NON-IMPULSIVE NOISE GENERATING PROPOSED PROJECT ACTIVITIES AND ASSOCIATED NOISE

LEVELS LIKELY TO OCCUR AT MOORINGS SITKA

TABLE 13. POTENTIAL IMPULSIVE NOISE-GENERATING PROPOSED ACTIVITIES AND ASSOCIATED NOISE LEVELS

LIKELY TO OCCUR AT MOORINGS SITKA

TABLE 14. LEVEL A AND LEVEL B HARASSMENT ISOPLETHS FROM DTH AND PILE DRIVING ACTIVITIES FOR MOORINGS

SEWARD

TABLE 15. LEVEL A AND LEVEL B HARASSMENT ISOPLETHS FROM DTH AND PILE DRIVING ACTIVITIES FOR MOORINGS

SITKA

TABLE 16. DENSITY AND OCCURRENCE DATA USED FOR EXPOSURE ESTIMATES

TABLE 17. PROPOSED TAKE OF MARINE MAMMALS BY LEVEL A AND LEVEL B HARASSMENT AT MOORINGS SEWARD

AND MOORINGS SITKA

TABLE 18. SUMMARY OF INSTANCES OF EXPOSURE ASSOCIATED WITH THE PROPOSED PILE REMOVAL/INSTALLATION

RESULTING IN INCIDENTAL TAKE OF ESA-LISTED SPECIES BY LEVEL A AND LEVEL B HARASSMENT AS WELL AS THE NUMBER OF SUNFLOWER SEA STARS THAT MAY BE HANDLED DIRECTLY FROM PROJECT ACTIVITIES

LIST OF FIGURES

FIGURE 1. LOCATION OF THE USCG MOORINGS SEWARD, IN SEWARD, ALASKA (WSP 2024)

FIGURE 2. LOCATION OF THE USCG MOORINGS SITKA, IN SITKA, ALASKA (WSP 2024)

FIGURE 3. PROPOSED CONSTRUCTION AT USCG MOORINGS SEWARD (WSP 2024)

FIGURE 4. PROPOSED CONSTRUCTION AT USCG MOORINGS SITKA (WSP 2024)

FIGURE 5. USCG MOORINGS SEWARD IN-WATER ACTION AREA (WSP 2024)

FIGURE 6. DESIGNATED CRITICAL HABITAT NEAR MOORINGS SEWARD. TURQUOISE IS STELLER SEA LION CRITICAL

HABITAT AND PINK IS MEXICO DPS HUMPBACK WHALE CRITICAL HABITAT. BLUE PIN IS PROJECT SITE

FIGURE 7. USCG MOORINGS SITKA IN-WATER ACTION AREA (WSP 2024)

FIGURE 8. DESIGNATED CRITICAL HABITAT NEAR SITKA SOUND AND SEATTLE INCLUDES STELLER SEA LION CRITICAL

HABITAT (BLUE PIN MARKING HAULOUT SITE) IN SITKA SOUND AND MEXICO DPS HUMPBACK WHALE CRITICAL

NEAR SEATTLE (IN PINK)

FIGURE 9. RANGES, ROOKERIES, AND HAULOUT SITES OF WESTERN AND EASTERN DPS STELLER SEA LIONS

FIGURE 10. BIOLOGICALLY IMPORTANT AREAS FOR HUMPBACK WHALES IN THE

FIGURE 11. LOCATION OF HUMPBACK WHALES IDENTIFIED IN RESURRECTION BAY (OBIS 2023)

FIGURE 12. LOCATION OF HUMPBACK WHALES IDENTIFIED IN SITKA SOUND (OBIS 2023)

FIGURE 13. LOCATION OF FIN WHALES IDENTIFIED IN NORTHERN GULF OF ALASKA (OBIS 2023)

FIGURE 14. LOCATION OF FIN WHALES IDENTIFIED IN SOUTHEAST ALASKA (OBIS 2023)

FIGURE 15. ALASKA ANNUAL AVERAGE TEMPERATURE 1900 TO 2023

FIGURE 16. HIGHEST AVERAGE SEA SURFACE TEMPERATURE

FIGURE 17. LEVEL A SHUTDOWN ZONES BASED ON ACTIVITY AT MOORINGS SEWARD (WSP 2024) FIGURE 18. LEVEL A SHUTDOWN ZONES BASED ON ACTIVITY AT MOORINGS SITKA, ALASKA (WSP 2024)

FIGURE 19. LEVEL B ZONES AT MOORINGS SEWARD, ALASKA (WSP 2024)

FIGURE 20. LEVEL B ZONES AT MOORINGS SITKA, ALASKA (WSP 2024)

TERMS AND ABBREVIATIONS

Abbreviations Terms Ac Acre AKR Alaska Region AUD INJ Auditory Injury BA Biological Assessment CFR Code pf Federal Regulations CSEL Cumulative Sound Exposure Level dB re 1µPa Decibel referenced 1 microPascal DPS Distinct Population Segment DTH Down-the-hole (drilling) ECO Environmental Consultation Organizer EEZ Exclusive Economic Zone ESA Endangered Species Act °F Fahrenheit FR Federal Register FRC Fast Response Cutter ft Feet Hz Hertz IHA Incidental Harassment Authorization IPCC Intergovernmental Panel on Climate Change ITS Incidental Take Statement IWC International Whaling Commission kHz Kilohertz km Kilometers kn Knots L Liter m Meter mi Mile m2 Square meter MLLW Mean Lower Low Water

Abbreviations Terms MMPA Marine Mammal Protection Act µPa Micro Pascal

NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NRC National Research Council Opinion Biological Opinion OSK Offshore Systems Kenai Pa Pascals PBF Physical or Biological Features RMS Root Mean Square RPA Reasonable and Prudent Alternative s Second SMIC Seward Marine Industrial Center SEL Sound Exposure Level SPL Sound Pressure Level SPLASH Structure of Populations, Level of Abundance and Status of Humpback Whales sf Square feet SSL Steller Sea Lion SSWS Sea Star Wasting Syndrome TTS Temporary Threshold Shift USCG United States Coast Guard USFWS United States Fish and Wildlife Services VMS Vessel Monitoring System WDPS Western Distinct Population Segment WSP WSP USA Environment & Infrastructure Inc.

yds Yards

1 INTRODUCTION

Section 7(a)(2) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. § 1536(a)(2)) requires each Federal agency to ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. When a Federal agency’s action “may affect” a protected species, that agency is required to consult with the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the endangered species, threatened species, or designated critical habitat that may be affected by the action (50 CFR § 402.14(a)). Federal agencies may fulfill this general requirement informally if they conclude that an action may affect, but “is not likely to adversely affect” endangered species, threatened species, or designated critical habitat, and NMFS or the USFWS concurs with that conclusion (50 CFR § 402.14(b)).

Section 7(b)(3) of the ESA requires that at the conclusion of consultation, NMFS and/or USFWS provide an opinion stating how the Federal agency’s action is likely to affect ESA-listed species and their critical habitat. If incidental take is reasonably certain to occur, section 7(b)(4) requires the consulting agency to provide an incidental take statement (ITS) that specifies the impact of any incidental taking, specifies those reasonable and prudent measures necessary or appropriate to minimize such impact, and sets forth terms and conditions to implement those measures.

Updates to the regulations governing interagency consultation (50 CFR part 402) were effective on May 6, 2024 (89 FR 24268). We are applying the updated regulations to this consultation.

The 2024 regulatory changes, like those from 2019, were intended to improve and clarify the consultation process, and, with one exception from 2024 (offsetting reasonable and prudent measures), were not intended to result in changes to the Services’ existing practice in implementing section 7(a)(2) of the Act (89 FR at 24268; 84 FR at 45015). We have considered the prior rules and affirm that the substantive analysis and conclusions articulated in this biological opinion and incidental take statement would not have been any different under the 2019 regulations or pre-2019 regulations.

In this document, the action agencies are the U.S. Coast Guard (USCG) and the NMFS Office of Protected Resources, Permits and Conservation Division (hereafter referred to as Permits Division). The USCG proposes construction of docks in Seward and Sitka, Alaska, using pile driving and down-the-hole drilling (DTH). In addition, the NMFS Permits Division plans to issue two incidental harassment authorizations (IHA) pursuant to section 101(a)(5)(D) of the Marine Mammal Protection Act MMPA of 1972, as amended (MMPA; 16 U.S.C. § 1361 et seq.), to the USCG, the applicant, for harassment of marine mammals incidental to the proposed actions. NMFS recommended that the USCG batch the two projects to streamline efforts. USCG contracted with WSP USA Environment & Infrastructure Inc. (WSP) who prepared the biological assessment (BA) and IHA application for the USCG. NMFS Permits Division requested consultation on the proposed issuance of the IHAs under section 101(a)(5)(D) of the MMPA for the aforementioned activities. The consulting agency for this proposal is NMFS’s Alaska Region (AKR) Protected Resources Division. This document represents NMFS’s biological opinion (opinion) on the effects of this proposal on listed and proposed endangered and threatened species and designated critical habitat.

The opinion and ITS were prepared by NMFS AKR in accordance with section 7(b) of the ESA (16 U.S.C. § 1536(b)) and implementing regulations at 50 CFR part 402.

The opinion and ITS are in compliance with the Data Quality Act (44 U.S.C. § 3504(d)(1)) and underwent pre-dissemination review.

1.1 Background

This opinion is based on information provided in the June 2024, BA submitted by WSP and the IHA Application and Proposed IHA (89 FR 60359, July 25, 2024). Other sources of information relied upon include consultation communications (emails and virtual meetings) with NMFS AKR, WSP, and NMFS Permits Division, recent consultations completed in the same region, previous monitoring reports in the region, scientific literature, and marine mammal surveys in Alaska. A complete record of this consultation is on file at NMFS’s Anchorage, AKR Office.

The proposed action involves construction of new mooring structures and associated shore support infrastructure at two USCG facilities located in Seward and Sitka, Alaska (Figure 1 and Figure 2). Project construction is required to satisfy safe berthing requirements for the future homeporting of one Sentinel-class Fast Response Cutter (FRC) at each facility. The need for the berthing facilities arises from the lack of adequate landside and in-water features at the two existing USCG facilities to safely accommodate the FRCs. Adding two FRCs in Alaska would support the USGC’s mission under the Ports and Waterways Safety Act to provide port safety and security, protect the marine environment, maintain commercial and recreational safety, enforce laws and treaties, and perform search and rescue operations. Project activities would include in-water construction of a new FRC floating dock at the proposed USCG Seward Moorings facility within the Seward Marine Industrial Center (SMIC) and a new Seagoing Buoy Tender (WLB) pier with an attached FRC floating dock at the existing USCG Sitka Moorings facility. In-water construction will include removal of piles using vibratory pile driving, and installation of permanent piles using down-the-hole drilling (DTH). In-water work at Moorings Sitka is expected for a one-year period beginning September 2026 to September 2027. In-water work at Moorings Seward is expected for a one-year period beginning March 2027 to March 2028. An evaluation of the general Pacific-wide homeporting and operational deployment of new USCG FRCs1 occurred under a previously submitted Programmatic Environmental Impact Statement.

1 U.S. Coast Guard Record of Decision and Programmatic Environmental Impact Statement and Overseas Environmental Impact Statement for the Offshore Patrol Cutter Acquisition Program Offshore Patrol Cutter Acquisition Program (CG-9322). Published: June 23, 2022.

Figure 1. Location of the USCG Moorings Seward, in Seward, Alaska (WSP 2024)

Figure 2. Location of the USCG Moorings Sitka, in Sitka, Alaska (WSP 2024)

This opinion considers the effects of dock construction and replacement through pile driving and DTH, and the associated proposed issuance of an IHA, on the endangered Western DPS (WDPS) Steller sea lion (Eumetopias jubatus) and its critical habitat, threatened Mexico distinct population segment (DPS) humpback whale and its critical habitat, endangered Western North Pacific DPS humpback whale (Megaptera novaeangliae), endangered fin whale (Balaenoptera physalus), endangered North Pacific right whale (Eubalaena japonica), and endangered sperm whale (Physeter macrocephalus). The action agency also requested a formal conference on the proposed listing of the sunflower sea star (Pycnopodia helianthoides) (88 FR 16212, March 16, 2023) in the consultation, and requested concurrence with a likely to adversely affect determination. The action agency requested a not likely to adversely affect determination for sperm whale and the North Pacific right whale. There is no overlap with critical habitat for North Pacific right whale or Western North Pacific DPS humpback whale, therefore, we conclude there will be no adverse effects to those critical habitats due to the proposed action. However, there is overlap with critical habitat for the Mexico DPS humpback whale and the Steller sea lion.

Critical habitat has not been designated for the fin whale, sperm whale, or sunflower sea star.

1.2 Consultation History

Our communication with NMFS Permits Division, USCG, and WSP regarding this consultation is summarized as follows:

● January 19, 2024: NMFS AKR received a draft Biological Assessment (BA) for the USCG Seward and Sitka docks from WSP

● January 29, 2024: NMFS Permits Division received an Incidental Harassment Authorization (IHA) application for the USCG Seward and Sitka Docks project from

WSP.

● April 3, 2024: WSP submitted revisions to IHA application.

● April 26, 2024: NMFS AKR contacted WSP about the status of a revised BA

● May 2, 2024: The Early Review Team (ERT), which involves participants from NMFS

AKR and Permits Division, met to discuss the project and provide WSP with comments on the IHA application and BA

● May 14, 2024, NMFS AKR provided initial comments on BA to WSP

● May 17, 2024: NMFS sent revision requests to WSP for the IHA application and BA.

● June 6, 2024: WSP submitted a revised IHA application.

● June 7, 2024: NMFS AKR received a revised BA from WSP

● June 11, 2024: WSP submitted additional revisions to IHA application and NMFS Permit

Division deemed the application was complete.

● July 25, 2024: NMFS AKR concluded that the revised BA was sufficient and initiated section 7 consultation

● July 25, 2024: The proposed rule for the requested IHA was published in the Federal

Register Vol. 89, No. 60359.

● August 1, 2024: NMFS Permits Division requested initiation of section 7 consultation with NMFS AKR and we initiated consultation on the same day.

● August 22, 2024: NMFS received an email from WSP indicating the new start dates of

September 2026 for Moorings Sitka and March 2027 for Moorings Seward

● August 26, 2024: The public comment period on the IHA closed

● September 23, 2024: WSP informed NMFS AKR that the construction materials would most likely need to be sourced from Seattle, Washington, and that the vessels carrying the materials to the project sites would need to transit through designated critical habitat for the Steller sea lion and Mexico DPS humpback whale.

● September 24, 2024: USCG confirmed (by email) the designation of WSP as their non-federal representative for this ESA consultation.

2 DESCRIPTION OF THE PROPOSED ACTION AND ACTION AREA

2.1 Proposed Action

“Action” means all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. 50 C.F.R. § 402.02.

This opinion considers the effects on ESA listed and proposed listed species and critical habitats from the proposed construction of docks at two USCG mooring facilities in Seward and Sitka, Alaska, and of NMFS Permits Division’s issuance of two IHAs to take listed marine mammals by harassment under the MMPA incidental to the USCG’s construction activities. The proposed actions will take place along the eastern shore of Resurrection Bay in Seward, Alaska, at Latitude 57.049753°N, Longitude -135.346164°W and in Sitka, Alaska, on the northeast shore of Japonski Island in Sitka Sound within the Sitka Channel at Latitude 60.084911°N, Longitude - 149.352928°W.

2.1.1 Proposed Activities

Project USCG Moorings Seward

The project in-water activities at Seward (Figure 3) would include the construction of a new 200-linear-foot FRC floating dock placed at the southern end of the City of Seward's existing North Dock at the Seward Marine Industrial Center (SMIC). To accommodate the new FRC dock, and to minimize the loss of dock space required by the City of Seward on a transient basis, the existing floating dock would be reconfigured by removing approximately 1,440 square feet (sf) of floating dock from the southern end (approximately 96 ft by 15 ft) and relocating it perpendicular to the northern end. Reconfiguration of the existing floating dock is expected to require the removal of ten existing 14-inch steel guide piles either by vibratory extraction or cutting at the mud line with a pile clipper or diamond saw. Five piles would be removed per day.

To support the reconfigured floating dock, up to ten new concrete guide piles approximately 30 inches in diameter will be installed at two piles per day.

Installation of the new 200 ft by 35 ft dock at the southern end would include up to 20 concrete guide piles no greater than 30 inches in diameter. A new ramp would provide access to the floating dock and would be constructed from the upland without a water component. Pile installation would require drilling of rock sockets or DTH drilling and would be accomplished in a three-part sequence beginning with three hours of DTH, followed by ten minutes of vibratory driving with five strikes from an impact driver to ensure that the pile is fully embedded. Up to two piles would be installed per day, weather permitting. Extraction and installation of the piles is estimated to require up to 22 days total that would include five additional days for weather delays.

Following installation of piles, each pile would be grouted in place using tremied concrete. In-water construction of the components of the floating dock are anticipated to take no longer than one month to complete and would require the use of no more than two construction barges, two tugboats, and one skiff. The materials needed for the construction will be sourced from Seattle, Washington, and brought to the Moorings Seward project site via barge and tug. The route from Seattle to the project site will transit through designated critical habitat for the WDPS of Steller sea lion and the Mexico DPS of humpback whale.

Figure 3. Proposed construction at USCG Moorings Seward (WSP 2024)

Project USCG Moorings Sitka

Project activities at Moorings Sitka (Figure 4) would include the construction of a new 175-ft by 50-ft approach pier, a new 270-ft by 65-ft terminal pier with a new attached FRC floating dock and new mooring dolphin. The in-water work at Sitka would include removal of the existing mooring dolphin at the west end of the existing pier. This will require removing up to four 24-inch concrete piles by vibratory extraction and removal of the city-owned float including up to six existing 14-inch timber guide piles. Reconstruction of the city-owned float would include installation of six new 14-inch untreated timber guide piles elsewhere in the Sitka harbor area using an impact hammer. The timber piles may be coated with a polymer sealant or may be switched for composite plastic pilings, depending on cost and material availability. Removal of the existing dolphin is anticipated to take no longer than two days to complete. Removal and relocation of the 1800-sf float is anticipated to take no longer than five to six days to complete.

The entire pier structure would be approximately 26,300 sf supported by 105 piles most likely to be composed of concrete with steel reinforcement or steel pipe approximately 30 inches in diameter and 54 new 13-inch plastic fender piles that would be attached to the channel side of the pier. Additional work includes installation of a new approximately 3,600 sf FRC floating dock to include ten concrete guide piles up to 30 inches in diameter and installation of a new mooring dolphin supported by three 30-inch concrete piles. Concrete pile installation would require drilling rock sockets (by DTH) and would be accomplished in a three-part sequence beginning with three hours of DTH, followed by ten minutes of vibratory driving with five strikes from an impact driver to ensure that the pile is fully embedded. Following installation of piles into the socket, piles would be grouted into place using tremied concrete. It is anticipated that two piles would be installed per day for a maximum of 59 days of pile installation with an additional 25 days as a buffer in case of weather delays or other delays where less than two piles can be installed per day. This gives a total of 84 days of DTH installation for the pier and new mooring dolphin. The plastic fender piles would be installed using an impact hammer and would require approximately 27 days to install at two piles per day. In-water work is anticipated to take no longer than 117 days to complete and would require the use of no more than two construction barges, two tugboats, and one skiff. The materials for the construction will be brought from Seattle, Washington, and will be transported to the Moorings Sitka project site via barge and tug.

The vessels will transit through designated critical habitat for the Mexico DPS of humpback whales as they leave Seattle and may also come close to a Steller sea lion haulout within Sitka Sound that has been designated as critical habitat.

Figure 4. Proposed construction at USCG Moorings Sitka (WSP 2024)

The pile types, sizes, and installation methods are summarized in Table 1.

Table 1. Summary of piles to be installed or removed at Moorings Seward and Moorings Sitka.

Number of Piles Diameter (in) Type Method

Moorings Seward 10 14 Steel Vibratory removal 30 30 concrete DTH install

Moorings Sitka 4 24 Concrete Vibratory removal 6 14 Timber Vibratory removal 6 14 timber Impact install

Number of Piles Diameter (in) Type Method 105 30 concrete DTH install 54 13 plastic Impact install 10 30 concrete DTH install 3 30 concrete DTH

2.1.2 Best Management Practices (BMPs)

For protection of marine mammals, including ESA-listed species and critical habitats, the USCG agrees to implement the following measures during vessel transport, construction and pile driving activities. To reduce project impacts, the design is such that dredging or blasting is not required and the diameter, number, and footprint of piles in minimized to the extent practicable.

The projects will include continued observational monitoring of marine mammal occurrences within established shutdown zones.

The following BMPs have been proposed by the USCG in addition to NMFS AKR standard mitigations which are listed in the next section.

1. No in-water work at the Seward project area would occur between May 1 and June 30 in order to minimize impacts to pink salmon and coho salmon smolts. No in-water construction would take place in Sitka Sound between March 1 and June 1 to minimize impacts to marine mammals that congregate during the spring months to feed on spawning herring.

2. The use of a vibratory hammer for pile driving would be used to the extent possible.

3. Marine mammal monitoring would be conducted during pile removal and installation activities to ensure that marine mammals would not be subjected to injury noise levels that could cause physical damage (Level A). Site specific shutdown and monitoring areas are described in Table 2, below. Monitoring for marine mammals would include an initial 30-m shutdown zone and buffered exclusion zones in accordance with marine mammal monitoring plans. Because a single marine mammal monitor may be unable to monitor a specific Level A shutdown zone due to its size, additional monitors may be employed to ensure full coverage of the activity-specific Level A shutdown zone. Additionally, sound transmission at Moorings Seward will be constrained within the SMIC basin as shielded by a rip-rap seawall and at Moorings Sitka by the limited width of the Sitka Channel and will permit pre-activity monitoring of the Level A shutdown zone and will allow the monitor to “clear” the area and then serve as a “gatekeeper” during noise-generating activities to provide early warning and shutdown notifications should a noise-sensitive marine mammal approach the shutdown zone.

4. Vessel operators and crews shall maintain a vigilant watch for marine mammals to avoid striking sighted protected species.

5. To the extent possible, vessel hulls would be inspected prior to mobilizing to ensure they do not pose a risk of introducing new invasive species into the action areas and would not increase the abundance of invasive species already present.

6. Where practicable, in-water work would be conducted at low or slack tide. As practicable, in-water and over-water work would be conducted during calm sea conditions. Work stoppages would occur during high surf, winds, and currents. In the event of approaching foul weather (e.g., coastal storms), equipment would either be removed from the proposed project sites or adequately secured.

7. To the maximum extent practicable, equipment and material would be lowered to the sea bottom in a controlled manner using cranes, winches, or other equipment to direct the placement and rate of descent.

8. Pre-drilling would be performed to the extent possible and would be discontinued when the pile tip is approximately five ft above the required pile tip elevation. Pre-drilling is a method that starts the “hole” for the new pile; the pile is inserted after the hole has been pre-drilled which creates less friction and overall noise and turbidity during installation.

Pre-drilling also is beneficial for overall pile stability as it reduces the stress and chance of breakage or damage to the pile during installation.

9. During proofing or driving of pilings with an impact pile driver, a “soft-start” procedure would be applied prior to beginning activities each day or when hammers have been idle for more than 30 minutes, A “soft-start” technique is intended to allow marine species the ability to vacate the area before the pile driver reaches full power.

10. Noise reduction methods such as bubble curtains or cushion blocks may be installed as required by NMFS. If existing conditions at a site include sloped topography and riprap, care would be taken when placing equipment such as a bubble curtain to ensure a good seal is formed.

11. Pile driving would only be conducted during normal business hours (i.e., 8:00 a.m. to 5:00 p.m.) and when no marine mammals have been observed in the areas of impact.

12. To grout the pilings in place, uncured concrete would be poured into water-tight forms and measures would be implemented to ensure over-topping does not occur (e.g., hose with shut off valves, close monitoring).

13. Secondary containment would be placed beneath all above water active work areas.

14. Vessel operators would follow designated speed limits to and from the proposed project sites.

15. Vessel crews would either use a reference guide that helps identify protected species that might be encountered and/or be trained by a qualified biologist to recognize species.

Additional training may be provided regarding information and resources available regarding federal laws and regulations for protected species, ship strike information, migratory routes and seasonal abundance, and recent sightings of protected species.

16. Vessels would adhere to the NMFS guidelines for approaching marine mammals, which discourage vessels from approaching within 100 yds (91.4 m) of whale species within the action areas.

17. If mother/calf pairs, groups, or large assemblages of marine mammals are observed near an underway vessel, speeds would be reduced to ten knots or less when safety permits.

The vessel shall attempt to route around the animals, maintaining a minimum distance of 100 yds (91.4 m) whenever possible.

18. If a marine mammal surfaces in a vessel’s path, or in close proximity to a moving vessel, and when safety permits, speeds would be reduced and the engine would be shifted into neutral. The engine would not be engaged until the animal(s) are clear of the area.

2.1.3 AKR Standard Mitigation Measures

For all reporting that results from implementation of these mitigation measures, NMFS will be contacted using the contact information specified in Table 3. In all cases, notification will reference the NMFS consultation tracking number AKRO-2024-00243.

USCG has agreed that the proposed action will incorporate the following mitigation measures:

PSO Requirements

1. At least one PSO will have either prior experience as a PSO in Alaska or will have taken a NMFS-approved PSO or marine mammal observer training course.

2. PSO training will include:

a. field identification of marine mammals and marine mammal behavior;

b. ecological information on marine mammals and specifics on the ecology and management concerns of those marine mammals;

c. ESA and MMPA regulations;

d. proper equipment use;

e. methodologies in marine mammal observation and data recording, and proper reporting protocols; and

f. an overview of PSO roles and responsibilities.

3. PSOs will be individuals independent from the project proponent and must have no other assigned tasks during monitoring periods.

4. USCG or its designated non-federal representative will provide resumes or qualifications of PSO candidates to the consultation biologist and akr.prd.records@noaa.gov for approval at least one week prior to in-water work. NMFS will provide a brief explanation of lack of approval in instances where an individual is not approved.

mailto:akr.prd.records@noaa.gov

5. PSOs will:

a. collectively be able to effectively observe the entirety of the shutdown zone;

b. be able to identify marine mammals and accurately record the date, time, and species, of all observed marine mammals in accordance with project protocols;

c. be able to identify listed marine mammals that may occur in the action area, at a distance equal to the outer edge of the applicable shutdown zone and determine the marine mammal’s location and distance from the sound source;

d. have the ability to effectively communicate orally, by radio or in person with project personnel to provide real-time information on listed marine mammals;

e. possess a copy of the mitigation measures; and

f. possess data forms.

6. PSOs will not scan for marine mammals for more than four hours without at least a one-hour break from monitoring duties between shifts. PSOs will not perform PSO duties for more than 12 hours in a 24-hour period.

PSO Procedures

7. PSOs will have the ability, authority, and obligation to order appropriate mitigation response, including delay, to avoid takes of listed marine mammals.

8. One or more PSOs will perform PSO duties onsite throughout the authorized activity.

9. Where a team of three or more PSOs are required, a lead observer or monitoring coordinator will be designated.

10. For each in-water activity, PSOs will monitor all marine waters within the indicated shutdown zone radius for that activity (Table 2. Shutdown and Harassment Zones for Each Activity).

Table 2. Shutdown and harassment zones by activity at Moorings Seward and Moorings Sitka.

Activity Shutdown Zone

(m) for humpback and fin whales

Shutdown Zone (m) for

Steller sea lions

Harassment Zone

(m) at Moorings

Seward

Harassment Zone

(m) at Moorings

Sitka

Vibratory pile extraction 30 30 4,645 6,310

Impact drive plastic pile 30 30 N/A 5

Impact drive timber pile 30 30 N/A 50

DTH (Impulsive component) concrete pile

1,955 85 39,815 39,815

Vibratory concrete pile settling 30 30 7,360 7,360

Impact drive concrete pile proofing 30 30 545 545

11. PSOs will be positioned such that they will collectively be able to monitor the entirety of each activity’s shutdown zone.

12. Prior to commencing any activity listed in Table 2, PSOs will scan waters within the appropriate shutdown zone and confirm no listed marine mammals are within the shutdown zone for at least 30 minutes immediately prior to initiation of the in-water activity. If one or more listed marine mammals are observed within the shutdown zone, the in-water activity will not begin until the listed marine mammals exit the shutdown zone of their own accord, or the shutdown zone has remained clear of listed marine mammals for 30 minutes immediately prior to the commencement of the activities listed in Table 2.

13. The on-duty PSOs will continuously monitor the shutdown zone and adjacent waters during any of the activities listed in Table 2 for the presence of listed marine mammals.

14. Activities listed in Table 2 will only take place:

a. between sunrise and sunset;

b. during conditions with a Beaufort Sea State of 4 or less; and

c. when the entire shutdown zone and adjacent waters are visible (e.g., monitoring effectiveness is not reduced due to rain, fog, snow, haze, or other environmental/atmospheric conditions).

15. If visibility degrades such that PSOs can no longer ensure that the shutdown zone remains devoid of listed marine mammals during any of the activities listed in Table 2, the crew will stop activities until the entire shutdown zone is visible and the PSOs has indicated that the zone remained devoid of listed marine mammals for 30 minutes.

16. The PSOs will order ongoing activities listed in Table 2 to immediately cease if one or more listed marine mammals has entered, or appears likely to enter, the shutdown zone.

17. If any of the activities listed in Table 2 are shut down for less than 30 minutes due to the presence of listed marine mammals in the shutdown zone, the activities may commence when the PSOs provides assurance that listed marine mammals were observed exiting the shutdown zone. Otherwise, the activities may only commence after the PSO provides assurance that listed marine mammals have not been seen in the shutdown zone for 30 minutes (for cetaceans) or 15 minutes (for pinnipeds).

18. If a listed marine mammals is observed within a shutdown zone or is otherwise harassed, harmed, injured, or disturbed, the PSO will immediately report that occurrence to NMFS using the contact information specified in the IHAs.

19. Prior to commencing any activity listed in Table 2, or at changes in watch, PSOs will establish a point of contact with the construction crew. The PSO will brief the point of contact as to the shutdown procedures if the PSO observes that listed marine mammals are likely to enter or enter the shutdown zone. If the point of contact goes “off shift” and delegates their duties, the point of contact must inform the PSO and brief the new point of contact.

Project-Dedicated Vessels (vessel and crew safety should never be compromised)

20. Vessel operators will:

a. maintain a watch for marine mammals at all times while underway;

b. stay at least 100 yds (91.4 m) away from listed marine mammals, except that they will remain at least 500 yds (460 m) away from endangered North Pacific right whales;

c. travel at less than 5 knots when within 300 yds (274 m) of a whale;

d. avoid changes in direction and speed within 300 yds (274 m) of a whale, unless doing so is necessary for maritime safety;

e. not position vessel(s) in the path of a whale, and will not cut in front of a whale in a way or at a distance that causes the whale to change direction of travel or behavior (including breathing/surfacing pattern);

f. reduce vessel speed to 10 knots or less when weather conditions reduce visibility to 1 mile (1.6 km) or less; and

g. adhere to the Alaska Humpback Whale Approach Regulations when vessels are transiting to and from the project site: (see 50 CFR §§ 216.18, 223.214, and

224.103(b); these regulations apply to all humpback whales). Specifically, pilot and crew will not:

i. approach, by any means, including by interception (i.e., placing a vessel in the path of an oncoming humpback whale), within 100 yds (91.4 m) of any humpback whale;

ii. cause a vessel or other object to approach within 100 yds (91.4 m) of any humpback whale; or

iii. disrupt the normal behavior or prior activity of a humpback whale by any other act or omission.

21. If a whale’s course and speed are such that it will likely cross in front of a vessel that is underway, or approach within 100 yds (91.4 m) of the vessel, and if maritime conditions safely allow, the engine will be put in neutral and the whale will be allowed to pass beyond the vessel, except that vessels will remain 500 yds (460 m) from North Pacific right whales.

22. Vessels will not allow lines to remain in the water unless both ends are under tension and affixed to vessels or gear.

23. Project-specific barges will travel at 12 knots or less.

Vessel Transit, North Pacific Right Whales, and their Designated Critical Habitat

24. Vessels will:

a. remain at least 500 yds (460 m) from North Pacific right whales; and

b. not travel through designated North Pacific right whale critical habitat if practicable (50 CFR 226.215). If traveling through North Pacific right whale critical habitat cannot be avoided, vessels will:

i. travel through North Pacific right whale critical habitat at 5 knots or less (without a PSO on watch); or at 10 knots or less while PSOs maintain a constant watch for listed species from the bridge; and

ii. maintain a log indicating the time and geographic coordinates at which vessels enter and exit North Pacific right whale critical habitat.

Vessel Transit, Western DPS Steller Sea Lions, and their Designated Critical Habitat

25. Vessels will not approach within 3 nautical miles (5.5 km) of rookery sites listed in 50 CFR § 224.103(d).

26. Vessels will not approach within 3,000 ft (914 m) of any Steller sea lion haulout or rookery.

Vibratory Pile Removal and Installation

27. If no listed marine mammals are observed within the applicable shutdown zone (see Table 2) for 30 minutes immediately prior to pile removal or installation, vibratory pile removal or installation may commence. This pre-pile removal or installation observation period will take place at the start of each day’s vibratory pile removal or installation, each time pile removal or installation has been shut down or delayed due to the presence of a listed species, and following a cessation of pile driving for a period of 30 minutes or longer.

28. Following a lapse of vibratory pile removal or installation activities of more than 30 minutes, the PSO will authorize resumption of vibratory pile removal or installation only after the PSO provides assurance that listed marine mammals have not been present in the shutdown zone for at least 30 minutes immediately prior to resumption of operations.

Down-the-Hole (DTH) drilling

29. If no listed marine mammals are observed within the DTH pile driving shutdown zone for 30 minutes immediately prior to pile driving, soft-start procedures will be implemented immediately prior to activities. Soft start requires contractors to activate the drilling equipment at no more than half the operational power for several seconds, followed by a 30 second waiting period, then two subsequent reduced power start-ups. A soft start must be implemented at the start of each day’s DTH pile driving, any time pile driving has been shutdown or delayed due to the presence of a listed species and following cessation of pile driving for a period of 30 minutes or longer.

30. Following this soft-start procedure, operational pile driving may commence and continue provided listed marine mammals remain absent from the shutdown zone.

31. Following a lapse of pile driving activities of more than 30 minutes, the PSO will authorize resumption of pile driving only after the PSO provides assurance that listed marine mammals have not been present in the shutdown zone for at least 30 minutes immediately prior to resumption of operations.

Data Collection

32. PSOs will record observations on data forms or into electronic data sheets.

33. USCG will ensure that PSO data will be submitted electronically to NMFS in a format that can be queried such as a spreadsheet or database (i.e., digital images of data sheets are not sufficient).

34. PSOs will record the following:

a. project name, date, shift start time, shift stop time, and PSO identifier;

b. date and time of each reportable event (e.g., a listed marine mammal observation, change in weather conditions);

c. weather parameters (e.g., percent cloud cover, percent glare, visibility) and sea state where the Beaufort Wind Force Scale will be used to determine sea state (https://www.weather.gov/mfl/beaufort);

d. species, numbers, and, if possible, sex and age class of observed listed marine mammals;

e. the predominant anthropogenic sound-producing activities occurring during each listed marine mammal observation;

f. observations of listed marine mammal behaviors and reactions to anthropogenic sounds and presence;

g. geographic coordinates of initial, closest, and last location of listed species, including distance from observer to the listed species, and minimum distance from the predominant sound-producing activity to listed species; and

h. whether the presence of a listed species necessitated the implementation of mitigation measures to avoid acoustic impact (i.e., delay), and the duration of time that normal operations were affected by the presence of listed species.

General Proposed Project Construction BMPs

Additional measures associated with the construction of the proposed Project that would be implemented include the following:

35. Contractors would be required to comply with policies and procedures, including the USCG oil spill and hazardous materials guidelines, the Alaska Regional Response Team’s Wildlife Protection Guidelines for Oil Spill Response in Alaska, addressing hazardous materials management and hazardous waste management, including accidental spills and worker safety and training requirements.

36. Spill kits with appropriate materials to contain and clean spills would be kept on site at all times.

37. Any equipment proposed for use would be kept in good repair without leaks of fluids. If such leaks or drips occur, they would be cleaned up immediately in adherence to a site-specific Spill Prevention Response Plan and Spill Control and Countermeasures Plan.

38. The contractor would use only clean construction materials suitable for use in the oceanic environment. The contractor would ensure that no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, toxic chemical, oil or petroleum products from construction would be allowed to enter into, or placed where it may be washed by rainfall or runoff into, Waters of the U.S. Upon completion of each proposed Project component, all excess material or debris would be completely removed from the work area and disposed of in an appropriate upland site.

https://www.weather.gov/mfl/beaufort

Protection of Sunflower Sea Stars

39. To prevent direct placement of a pile on a sunflower sea star, a pre-construction survey and biweekly (every other week) surveys of the seafloor near the project area will take place. If a sunflower sea star is identified during the pre-construction or biweekly surveys, more frequent surveys prior to pile driving shall be required.

a. For the pre-construction survey, divers will observe the area within 10 m shutdown zone for sunflower sea stars. The contractor, at their own discretion, may monitor the seafloor at the placement of every pile in lieu of a pre-construction or biweekly surveys.

b. If a sunflower sea star is found in the affected area or attached to a pile being removed from the water, the sunflower sea star will be gently removed from the affected area or pile by the Lead PSO, or a crew delegate due to possible safety concerns. It will be gently moved into a container of water collected at the site and taken to a location away from the action area and gently released onto the substrate. Individuals will be held in a nylon net within a bucket of water for no more than ten minutes. The number and approximate diameter of sunflower sea stars moved will be recorded and reported to NMFS (the sunflower sea star monitoring protocol can be requested from NMFS).

40. If it appears that a sunflower sea star has sea star wasting syndrome or if any dead sunflower sea stars are observed, pictures of the individuals will be taken and infected individuals will be counted. The infected sunflower sea stars will not be touched or moved. All sunflower sea star findings will be reported to NMFS, including latitude/longitude and transect line, at akr.prd.reports@noaa.gov.

Reporting

Unauthorized Take

41. If a listed marine mammal is determined by the PSO to have been disturbed, harassed, harmed, injured, or killed (e.g., a listed marine mammal is observed entering a shutdown zone before operations can be shut down, or is injured or killed as a direct or indirect result of this action), the PSO will report the incident to NMFS within one business day, with information submitted to akr.prd.records@noaa.gov. These PSO records will include:

a. digital, queryable documents containing PSO observation and records; digital, queryable reports;

b. the date, time, and location of each event (provide geographic coordinates);

c. description of the event;

d. number of individuals of each listed marine mammal species affected;

mailto:akr.prd.reports@noaa.gov

e. the time the animal(s) was first observed or entered the shutdown zone, and, if known, the time the animal was last seen or exited the zone, and the fate of the animal;

f. mitigation measures implemented prior to and after the animal was taken;

g. if a vessel struck a listed marine mammal, the contact information for the PSO on duty on the vessel or the contact information for the individual piloting the vessel if there was no PSO on duty; and

h. photographs or video…