Appendix_B.pdf

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APPENDIX B:

MARINE MAMMAL MONITORING PLAN

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APPENDIX B:

MARINE MAMMAL MONITORING PLAN

USCG Aids to Navigation Structure Replacement Program Marine Mammal Monitoring Plan

(rev. August 26, 2013)

Introduction:

The proposed project falls under a federally mandated requirement for the United States Coast Guard (CG) to administer the U.S. Aids to Navigation (ATON) System. This system’s primary objective is to mark navigable channels and waterways, mark obstructions and hazards adjacent to waterways and mark obstructions in general navigational areas that may not be anticipated.

The ATON system promotes safe navigation by providing mariners with information that helps them navigate waterways safely and to avoid hazards obstructions that can jeopardize mariners’ safety and/or potentially adversely affect coastal resources.

Proposed Action:

The average ATON structure consists of an 18-inch diameter steel pipe pile(s) that stands approximately 10 to 30 feet above the mean high water level. The pile supports a 5 ft x 5 ft aluminum platform with safety railings extending 3 1/2-feet above the platform. The platform is accessible by a 7-foot ladder connected to the supporting 18-inch steel pile. The platform supports a combination of aids (i.e. light, dayboard and foghorn) which are specified within the CG Pacific Light List.

Typical work for the proposed action involves the following:

1. Remove the existing aids mounted on each ATON structure;

2. Remove the existing pile(s) via a vibratory extractor. Install the new 18-inch steel pipe pile(s), approximately 30 feet below the mudline, via a vibratory hammer. It takes approximately 5 to 10 minutes to drive a pile once it is guided into position;

3. Remount refurbished and/or new aids onto the new supporting structure.

Marine Mammal Protection Act (MMPA):

The MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which: (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding , or sheltering [Level B harassment](50 CFR, Part 216, Subpart A, Section 216.3 – Definitions).

As part of its official duties the CG, under Section 109(h)(1) of the MMPA , could take marine mammals, if such taking is for: A) the protection of the welfare of the mammal, B) the protection and welfare of the public or, C) the nonlethal removal of nuisance animals. The CG ATON program typically invokes both Section 109(h)(1)(A) and Section 109(h)(1)(B) of the MMPA while conducting work/maintenance on ATON structures that are close to or on jetties, jetted rocks, and/or other haul-out areas. The noise generated by the work/maintenance on ATON structures is likely to cause a reaction from mammals hauled-out near the proposed action. A possible type of reaction from a hauled-out mammal may be flushing into the water, Level B harassment, which could potentially lead to injury if more than one mammal is flushing at the same time (stampede type of situation), Level A harassment.

As part of the CG’s official duties under Section 109(h)(1)(A) of the MMPA, non-lethal methods of deterrence of marine mammals that are hauled out on or near the proposed action is mandatory before any work on the ATON structure commences. Section “CG Responsibilities’ Under Section 109(h)(1) of the MMPA” of this document contains the non-lethal deterrence methods that are non-injurious to marine mammals and effectively deter marine mammals from hauling-out throughout the day during the duration of the project. In addition to Section 109(h)(1)(A), one of the primary duties of the CG is to “…develop, maintain, establish, and operate …aids to maritime navigation for promotion of safety on and over the high seas and water subject to the jurisdiction of the United States (14 USC 2).” Thus, Section 109(h)(1)(B) of the MMPA is also applicable to the proposed action.

CG Responsibilities’ Under Section 109(h)(1) of the MMPA:

1. Non-lethal Deterrence Methods:

• Remove marine mammals from haul-out at least 30 minutes prior to work commencing.

o Boat hazing o Use “Super Soaker” water guns (bay water): squirt at the mammal’s rear quarters or chest o Hazing movement: Move mammals away from structure/shoreline towards the water. Example of direction for a jetty

Shore Jetty

• Measures to ensure mammals do not haul-out during the work evolution.

o Have at least one person as a designated noise maker… pot/pans, cow bell, etc.

o Have a couple of barricades/shields available incase mammals try to get close to workers… Fending off. (Plywood, 3ft high, with handles) o “Super Soaker” with bay water… Aim for rear quarters or chest.

o Barrier around work area…. Orange construction mesh fencing

• Start work between 8 and 9 AM; work shall only occur during daylight hours.

• Prior to installing a pile, a ‘‘Soft-Start’’ technique would be used to allow marine mammals and fish to vacate the area before the pile driver reaches full power. The contractor would initiate the driving for 15 seconds at reduced energy followed by a 1-minute waiting period. This procedure shall be repeated two additional times before continuous driving is started.

2. Avoiding Exceeding Noise Level Thresholds, Harassment/Injury:

• NMFS has set interim threshold underwater and airborne sound levels for Cetaceans and Pinnipeds for vibratory extractors and hammers to determine levels of harassment under the MMPA:

o Underwater:

Cetaceans, Level A Harassment: 180 dB Root Mean Square (RMS) Pinnipeds, Level A Harassment: 190 dB RMS Cetaceans and Pinnipeds, Level B Harassment: 120 dB RMS o Airborne:

Level of Disturbance: Cetaceans = Not Applicable

Level of Disturbance: Harbor Seal = 90 dB RMS (unweighted) Level of Disturbance: Other Pinnipeds = 100 dB RMS (unweighted)

• Duration of Exposure: The duration of pile extraction (vibratory extractor) will be between 10 to 20 minutes and pile installation (vibratory hammer) will be between 5 to10 minutes. Therefore, the maximum duration of the existing underwater and airborne sound levels to be potentially increased will be the following:

o Single Pile Structure = 30 Minutes o Three Pile Structure = 90 Minutes o Four Pile Structure = 120 Minutes

3. Assessment of Effect and Mitigation: Due to the size of timber/steel pipe pile being extracted and steel pipe pile being installed; the non-lethal deterrence methods to flush marine mammals prior to commencing work; and the duration of the existing background noise levels (underwater and ambient) being potentially increased the CG has determined that the proposed work will not likely injure marine mammals. However, the proposed work has the potential to increase the existing background noise levels to Level B harassment for 30-120 minutes per ATON structure. To mitigate the potential of reaching Level B harassment noise levels the CG will require the contractor to do the following:

• Contractor shall be required to have a Biological Monitor on-site during the proposed action. The Biological Monitor shall be an experienced marine biologist, with a minimum of a Bachelors Degree in Science, who has experience in marine mammal identification and behaviors and have knowledge of marine mammal physiology, behavior, and life-history. These qualifications will assist in being able to determine if observed marine mammals are exhibiting behavioral reactions to the proposed actions. The Biological Monitor shall have no other construction related tasks while conducting monitoring.

• Enclosure (1) contains the Contractor and Biological Monitor’s Protocols.

Enclosure (1) Contractor and Biological Monitor Protocols Page 1

CONTRACTOR AND BIOLOGICAL MONITOR PROTOCOLS

1. The Biological Monitor will ensure that the following shutdown and buffer zones are adhered to by the construction crew in order to avoid injury or harassment of any marine mammal that enters these zones.

• Shutdown Zone: Both during pile removal and installation, the shutdown zone includes the area where it is anticipated that Level A noise level threshold would be reached. To be conservative, a 40-foot radius (from the structure) shutdown zone shall be established and monitored to prevent injury to marine mammals from their physical interaction with construction equipment during in-water activities.

• Buffer Zone: Both during pile removal and installation, the buffer zone includes the area where it is anticipated that the in-water work will generate sound levels that meet the Level B harassment criteria for all marine mammals. A 1,160-foot radius (from the end of shutdown zone) buffer zone will be established during all in-water activities.

• Both the Shutdown and Buffer zones will be monitored throughout all work activities involved with the extract and install of each pile (timber and/or steel pipe piles) with a vibratory driver. If a marine mammal enters the buffer zone, an exposure would be recorded and behaviors documented by the Biological Monitor. However, that pile would be completed without cessation, unless the animal approaches within 500 feet of the shutdown zone or enters the shutdown zone, at which time all in-water work will be halted. Below, the Section “Visual Monitoring Requirements for Construction Work” contains procedures for construction delays due marine mammals entering these zones.

2. The procedures and responsibilities for implementing this Marine Mammal Monitoring Plan shall be agreed upon between the Construction Foreman/Supervisor and the Biological Monitor prior to mobilizing construction equipment.

3. Data Collection: The Biological Monitor will use the Marine Mammal Sighting Form, enclosure (2), which will be completed each survey day. The following information will be collected on the sighting form:

• Date and time that the pile extraction and driving begins and ends

• Construction activities occurring during each observation period

• Weather conditions

• Tidal elevation and direction of change, sea state and water currents;

• Visibility

• Species, numbers, and if possible sex and age class of marine mammals

Enclosure (1) Contractor and Biological Monitor Protocols Page 2

• Marine mammal behavior patterns observed, including bearing from observer and direction of travel

• Distance from pile work activities to marine mammal and distance from the marine mammal to the observation point

• Other human activity in the area

4. Equipment: The following equipment will be required to conduct the marine mammal monitoring:

• Survey boat

• Portable radios to communicate with the Pile Driving Crew Lead and the Biological

Monitor

• Green and Red flags to communicate between the Pile Driving Crew Lead and the

Biological Monitor as a back-up to radio communication

• Nautical charts

• Tide and current tables

• Watch or Chronometer

• Binoculars with built-in range finder

• Marine Mammal visual guides

5. Obtain Baseline Information In Order to Determine Effect: The Biological Monitor shall be on-site 1 hour prior to the Contractor mobilizing and 1 hour after the Contractor has demobilized construction equipment at each ATON Structure’s location. The objective is to gather data on the number of marine mammals that haul-out and/or transit around the proposed action’s site. Each observation shall collect number counts of how many potential marine mammals occur within the project vicinity and to determine if the proposed action had any effects on the population. This data will be used in the Monitoring Report.

• The following information shall be collect at a minimum:

Weather conditions;

Tidal elevation and direction of change, sea state and water currents;

Visibility;

Species, numbers, and if possible sex and age class of marine mammals; and Marine mammal behavior patterns observed.

6. Visual Monitoring Requirements for Construction Work: In order to effectively monitor the shutdown and buffer zones the Biological Monitor shall be positioned at the best practicable vantage point.

• Prior to any in-water work commencing, the shutdown and buffer zones shall be monitored for 30 minutes to ensure that there are no marine mammals present.

o If marine mammals(s) are present within or approaching the shutdown zone prior to pile extraction/installation, the survey will continue and the beginning of the work will be delayed until the mammal leaves the shutdown zone voluntarily and 15 minutes has passed with no mammals within this zone. Only the Biological Monitor can give the approval for work to commence.

• During in-water work, both zones will be monitored throughout the time required to extract the existing pile and install the new pile.

Enclosure (1) Contractor and Biological Monitor Protocols Page 3 o If a marine mammal is observed entering the buffer zone a “take” would be recorded and behaviors documented. Pile extraction or pile installation work would continue. If the project is in between extraction and installation work, the Biological Monitor shall ensure not marine mammals are within the shutdown zone when the next phase of work starts, see “Prior to Work Commencing” section.

o If the marine mammal approaches or moves into the shutdown zone all work will stop immediately. It is imperative that the Biological Monitor provide the Pile Driving Crew Lead advance notification to prepare for stopping all work if a mammal does enter the shutdown zone.

o Pile extraction/installation activities will be delayed until the marine mammal has voluntarily left the shutdown zone and has been visually confirmed beyond the shutdown zone, or 30 minutes have passed without re-detection of the mammal.

The Biological Monitor shall be the only person who can give authorization that construction activities can continue.

o In case of fog or reduced visibility, the Biological Monitor must be able to see the shutdown and buffer zones or pile extraction/installation work will not be initiated until visibility in these zones improve to acceptable levels.

• Following the completions of all in-water work, monitor the shutdown and buffer zones for 30 minutes. The focus for this period of time is on observing and reporting unusual or abnormal behavior of marine mammals.

7. Monitoring Report:

• A draft report, electronic format, will be submitted to the CG within 20 calendar days after completing the proposed action. The CG will review and provide comments with 7 calendar days. The contractor shall revise the draft report with any comments the CG provides within 7 calendar days and resubmit the draft report, electronic format, to the CG. The CG will notify the contractor when the draft report can be finalized and printed.

Once the report is finalized the contractor shall submit 3 hard copies of the Final Monitoring Report and 2 compact discs each containing both Microsoft Word and Adobe Portable Digital File formats versions of the report.

• The report will summarize all of the marine mammal observations and data gathered.

The report shall include pictures, graphs, tables, figures and summary statistics.

• At minimum the report shall include:

o General Data: Date and time of activity; Water conditions; Weather conditions;

and Description of Methods used to monitor.

o Specific Pile Driving Data:

Description of the pile extractor/driver;

Depth of water that the piles where installed in;

Physical characteristics of the bottom substrate into which the piles are driven into.

o Prior, during and completion of all in-water work observations, shutdowns, etc.

o Data collected the day before work commenced.

o Data collected three days after work commenced.

o Provide statistical data on the number of takes, either by the hour and/or based on the density of the population.

Enclosure (2)

MARINE MAMMAL OBSERVATION RECORD FORM

Project Name: ______________________________

Monitoring Location____________________________ (Pier Location, Vessel based, Land Location, other)

Page ____________ of __________

Date: _________________________________

Vessel Name: _______________________________

Time Effort Initiated:____________

S i g h t i n g D a t a Time Effort Completed:__________

Event Code

Sighting Number (1 or 1.1 if resight)

Time/Duration watching sighting

(Start/End time if continuous)

WP #

(every time a sighting is made) Observer

Sighting cue Species

Dist/ Dir to Animal

(from Observer)

Dist to Pile

(btwn animal & pile)

# of Animals Group Size

(min/max/best) # of Calves

Relative Motion/and

Behavior Code (see code sheet)

Const Type During

Sighting

Miti gation used during sighting

Miti gation Type? Visibility

Glare

Weath Cond

Sea State and

Wave Ht

Swell Dir

Behavior Change/ Response to Activity/Comments m or km

___ calves opening closing parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

ST NONE

Y

N

DE

SD

B P M

G E

Light Mod

Heavy

N or S

W or E parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

Ligh tMod parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

parallel none

Behavior Code:

PRE POST

SSV SSI

V I PC DP

Heavy

N or S

Sighting #=chronological number of sightings, If resight of same animal, then 1.1, 1.2, etc. WP (Waypoint)=GPS recording of lat/long, time/date stamp. Critical for vessel observers.