Takes of Marine Mammals Incidental to Specified Activities; Pile-Driving and Renovation Operations on the Trinidad Pier by the Cher-Ae Heights Indian Community for the Trinidad Rancheria in Trinidad, CA, 28733-28754 [2011-12067]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Notices]
[Pages 28733-28754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12067]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW30


Takes of Marine Mammals Incidental to Specified Activities; Pile-
Driving and Renovation Operations on the Trinidad Pier by the Cher-Ae 
Heights Indian Community for the Trinidad Rancheria in Trinidad, CA

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from the Cher-Ae Heights 
Indian Community of the Trinidad Rancheria (Trinidad Rancheria) for an 
Incidental Harassment Authorization (IHA) to take small numbers of 
marine mammals, by Level B harassment, incidental to pile-driving and 
renovation operations for the Trinidad Pier Reconstruction Project in 
Trinidad, California. NMFS has reviewed the application, including all 
supporting documents, and determined that it is adequate and complete. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to issue an IHA to the Trinidad Rancheria to 
incidentally harass, by Level B harassment only, three species of 
marine mammals during the specified activities.

DATES: Comments and information must be received no later than June 17, 
2011.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits, Conservation, and Education Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing e-mail comments is ITP.Goldstein@noaa.gov. NMFS is not 
responsible for e-mail comments sent to addresses other than the one 
provided here. Comments sent via e-mail, including all attachments, 
must not exceed a 10-megabyte file size.
    All comments received are a part of the public record and will 
generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    A copy of the application containing a list of the references used 
in this document may be obtained by writing to the address specified 
above, telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this 
notice, including the IHA application and Biological Assessment (BA), 
may be viewed, by appointment, during regular business hours, at the 
aforementioned address.

FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison, 
Office of Protected Resources, NMFS, 301-713-2289, ext. 172.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(D) of the MMPA (16 U.S.C. 1361(a)(5)(D)) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional, taking of marine mammals for periods not more than one 
year by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and if the taking is limited to harassment, a notice 
of a proposed authorization is provided to the public for review.
    An authorization to take small numbers of marine mammals by 
harassment shall be granted if NMFS finds that the taking will have a 
negligible impact on the species or stock(s), will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant), and if the permissible 
methods of taking and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth to achieve the 
least practicable adverse impact. NMFS has defined ``negligible 
impact'' in 50 CFR 216.103 as `` * * * an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the

[[Page 28734]]

species or stock through effects on annual rates of recruitment or 
survival.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals by harassment. 
Except with respect to certain activities not pertinent here, the MMPA 
defines ``harassment'' as ``any act of pursuit, torment, or annoyance 
which (I) has the potential to injure a marine mammal or marine mammal 
stock in the wild [Level A harassment]; or (ii) has the potential to 
disturb a marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering [Level 
B harassment].'' 16 U.S.C. 1362(18).
    Section 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a publication in the Federal 
Register and other relevant media proposed authorizations for the 
incidental harassment of marine mammals. The publication of the 
proposed authorization initiates a 30-day public comment period. Within 
45 days of the close of the comment period, NMFS must either issue or 
deny issuance of the authorization.

Summary of Request

    On November 3, 2009, NMFS received a letter from the Trinidad 
Rancheria, requesting an IHA. A revised IHA application was submitted 
on July 23, 2010. The requested IHA would authorize the take, by Level 
B (behavioral) harassment, of small numbers of Pacific harbor seals 
(Phoca hispida richardsi), California sea lions (Zalophus 
californianus), and Eastern Pacific gray whales (Eschrictius robustus) 
incidental to pile-driving and renovation operations on the Trinidad 
Pier. The Trinidad Pier has served the Trinidad Community for decades 
and continues to be one of the marine economic generators for the area. 
This project will not only address the structural deficiencies of the 
aged pier, but will completely remove the presence of creosote and 
other wood preservatives from Trinidad Bay and eliminate non-point 
source run-off with the construction of the new pier. The pile-driving 
and renovation operation are proposed to take place during August, 2011 
to January, 2012 in Trinidad, California. Additional information on the 
Trinidad Pier Reconstruction Project is contained in the application 
and Biological Assessment (BA), which is available upon request (see 
ADDRESSES).

Description of the Proposed Specified Activities

    The Trinidad Pier, located on Trinidad Bay, is an antiquated 
structure that requires reconstruction in order to maintain public 
safety and to redress certain environmental deficiencies in the 
existing structure. The 165 m (540 ft) long pier is located on 
tidelands granted by the State of California to the City of Trinidad 
and leased by the Trinidad Rancheria. The project area consists of the 
pier (0.31 acres) and a nearby staging area (0.53 acres). The existing 
pier was constructed in 1946 to serve commercial fishing and 
recreational uses. Since that time the creosote-treated wood piles 
which support the pier, as well as the wood decking, have deteriorated 
and are proposed to be replaced by cast-in-steel-shell (CISS) concrete 
piles and pre-cast concrete decking, respectively. This will improve 
the safety of the pier. Existing utilities which will require 
replacement include electrical, water, sewer, and phone. Additional 
dock amenities that will be replaced including lighting, railing, four 
hoists, three sheds, a saltwater intake pipe used by Humboldt State 
University's (HSU) Telonicher Marine Laboratory, and a water quality 
sonde utilized by the Center for Integrative Coastal Observation, 
Research, and Education. The proposed construction schedule is from 
August 1, 2011 to May 1, 2012, however the pile-driving and removal 
activities will occur from August 1, 2011 to January 31, 2012.

Background

    The Trinidad Pier is the northernmost oceanfront pier in California 
and has been used for commercial and recreational purposes over the 
last 50 years. Trinidad harbor and pier serve a fleet of commercial 
winter crab fishermen and year-round water angling for salmon, and 
nearshore/finfish species. Trinidad Pier was first built by Bob 
Hallmark in 1946. Since that time only minor maintenance activities 
have occurred on the pier. Today, Trinidad's economy is based on 
fishing and tourism and the pier supports these activities. The pier 
also provides educational opportunities by accommodating HSU's 
Telonicher Marine Lab's saltwater intake pipe, and the California 
Center of Integrated Technology's (CICORE) water quality sonde.
    Currently, the Trinidad Rancheria plays an important role in the 
economic development of the Trinidad area through three main business 
enterprises, one of which is the Seascape Restaurant and the pier. The 
Cher-Ae Heights Indian Community of the Trinidad Rancheria is a 
Federally-recognized Tribe composed of descendants of the Yurok, Weott, 
and Tolowa peoples. In 1906, the Trinidad Rancheria was established by 
a U.S. congressional enactment, and a congressional action authorized 
the purchase of small tracts of land for landless homeless California 
Indians. In 1908, through this Federal authority, 60 acres of land was 
purchased on Trinidad Bay to establish the Trinidad Rancheria. In 1917, 
the Secretary of the Interior formally approved the Trinidad Rancheria 
as a Federally Recognized Tribe.
    The community began developing in the 1950's. In January, 2000, the 
Trinidad Rancheria purchased the Trinidad Pier, harbor facilities, and 
the Seascape Restaurant. The Trinidad Rancheria leases a total area of 
14 acres in Trinidad Bay from the City of Trinidad. The Trinidad 
Rancheria currently operates the pier, and upland improvements 
including a boat launch ramp and the Seascape Restaurant. Funds for 
permitting and designs of the pier were granted to the Trinidad 
Rancheria by the California State Coastal Conservancy.
    The purpose of the Trinidad Pier Reconstruction Project is to 
correct the structural deficiencies of the pier and improve pier 
utilities and safety for the benefit of the public, and indirectly 
improve the water quality conditions and provide additional habitat for 
the biological community in the ASBS. Currently, it is difficult to 
ensure the continued safety of the pier due to excessive deterioration 
of the creosote-treated Douglas fir piles and the pressure treated 
decking.

Pier Construction Overview

    Summary plans for the pier and staging area are presented in 
Appendix A of the IHA application. Pier improvements are proposed to 
replace at a one-to-one ratio, approximately 1,254 m\2\ (13,500 ft\2\) 
of the pre-cast concrete decking. In addition, the project includes 
installation of 115 concrete piles (and removal of 205 piles) including 
batter and moorage piles (45.7 cm or 18 inches [in] in diameter), four 
hoists, standard lights, guardrail, and dock utility pipes including 
water, power, and telephone. A new stormwater collection system will 
also be incorporated into the reconstructed pier design. The new cast-
in-steel-shell (CISS) concrete piles will be separated at 1.5 m (5 ft) 
intervals along 7.6 m (25 ft) long concrete bents. A total of 22 bents 
separated 7.6 m (25 ft) apart shall be used. The decking of the new 
pier

[[Page 28735]]

will be constructed of pre-cast 6.1 m (20 ft) long concrete sections. 
The new pier will be 164.6 m (540 ft) long and 7.3 to 7.9 m (24 to 26 
ft) wide, corresponding to the existing footprint.
    A pile bent will be installed at the existing elevation of the 
lower deck to provide access to the existing floating dock. The 
existing stairs to the lower deck will be replaced with a ramp that is 
ADA compliant. The decking of the pier will be constructed at an 
elevation of 6.4 m (21 ft) above Mean Lower Low Water (MLLW). The top 
of the decking will be concrete poured to create a slope for drainage 
and to incorporate a pattern and a color into the concrete surface in 
order to provide an aesthetically pleasing appearance. An open 
guardrail, 1.1 m (3.5 ft) in height shall be constructed of tubular 
galvanized steel rail bars (approximately 1.9 cm [\3/4\ in] diameter) 
uniform in shape throughout the length of pier. Lighting will be 
installed in the decking (and railing in the landing area) along the 
length of the pier and will be focused and directed to minimize 
lighting of any surfaces other than the pier deck.
    Currently there are four hoists on the pier. Three of the hoists 
are used to load and unload crab pots from the pier and the fourth 
hoist located at the end of the pier is suited to load and unload 
skiffs. The hoists are approximately 30 years old and may have had the 
Yale motors replaced since the time they were installed. The hoists 
shall be re-installed at points corresponding to their current location 
and their current duties. All design specifications shall conform to 
the Uniform Building Code.

Pier Demolition Methods

    Removal of the existing pier and construction of the new pier shall 
occur simultaneously. Construction shall begin from the north (shore) 
end of the pier. All pier utilities and structures shall first be 
removed. Utilities to be removed include water, electrical, power and 
phone lines, temporary bathroom, ladders, and pier railing. Structures 
to be removed include four hoists, two wood sheds, HSU's 20 horse-power 
(hp) (14.9 kiloWatt [kW]) pump and saltwater intake pipes, CICORE's 
water quality sonde, and a concrete bench. Then the existing pressure 
treated decking, joists, and bent beams shall be removed and 
transported by truck to the upland staging area for temporary storage.
    All existing piles located in the section of pier being worked on 
(active construction area) will then be removed by vibratory 
extraction, unless some are broken in the process. Vibratory extraction 
is a common method for removing both steel and timber piling. The 
vibratory hammer is a large mechanical device mostly constructed of 
steel that is suspended from a crane by a cable. The vibratory hammer 
is deployed from the derrick and positioned on the top of the pile. The 
pile will be unseated from the sediment by engaging the hammer and 
slowly lifting up on the hammer with the aid of the crane. Once 
unseated, the crane will continue to raise the hammer and pull the pile 
from the sediment. When the bottom of the pile reaches the mudline, the 
vibratory hammer will be disengaged. A choker cable connected to the 
crane will be attached to the pile, and the pile will be lifted from 
the water and placed upland. This process will be repeated for the 
remaining piling. Extracted piling will be stored upland, at the 
staging area, until the piles are transferred for upland disposal. Each 
such extraction will require approximately 40 minutes (min) of 
vibratory hammer operation, with up to five piles extracted per day (a 
total of 3.3 hours per day). Operation of the vibratory hammer is the 
primary activity within the pier demolition group of activities that is 
likely to affect marine mammals by potentially exposing them to both 
in-air (i.e., airborne or sub-aerial) and underwater noise.
    Douglas-fir pilings are prone to breaking at the mudline. In some 
cases, removal with a vibratory hammer is not possible because the pile 
will break apart due to the vibration. Broken or damaged piling can be 
removed by wrapping the individual pile with a cable and pulling it 
directly from the sediment with a crane. If the pile breaks between the 
waterline and the mudline it will be removed by water jetting.
    A floating oil containment boom surrounding the work area will be 
deployed during creosote-treated timber pile removal. The boom will 
also collect any floating debris. Oil-absorbent materials will be 
deployed if a visible sheen is observed. The boom will remain in place 
until all oily material and floating debris has been collected. Used 
oil-absorbent materials will be disposed at an approved upland disposal 
site. The contractor shall also follow Best Management Practices 
(BMPs): NS-14--Material Over Water, NS-15--Demolition Adjacent to 
Water, and WM-4--Spill Prevention and Control listed in the CASQA 
Handbook.
    The existing Douglas-fir piles are creosote treated. The depth of 
creosote penetration into the piles varies from 0.6 to 5.1 cm (0.25 to 
2 in). Creosote is composed of a mixture of chemicals that are 
potentially toxic to fish, other marine organisms, and humans. 
Polycyclic aromatic hydrocarbons (PAH), phenols and cresols are the 
major chemicals in creosote that can cause harmful health effects to 
marine biota. The replacement of the creosote treated piles with cast-
in-steel-shell (CISS) concrete piles is expected to eliminate potential 
contamination of the water column by PAH, phenols and cresols from the 
existing treated wood piles.
    All removed piles shall be temporarily stored at the upland staging 
areas until all demolition activities are complete (approximately 6 
months). Following the cessation of demolition activities, the creosote 
treated piles will be transported by the Contractor to Anderson 
Landfill in Shasta County. This landfill is approved to accept 
construction demolition, wood wastes, and non-hazardous/non-designated 
sediment.
    The pressure treated 2x4 in Douglas-fir decking will also be stored 
at the staging area until demolition is complete. The partially 
pressure treated decking and railing may be reused and will be kept by 
the Trinidad Rancheria for potential future use.

Pile Installation

    Design--Two 45.7 cm (18 in) diameter battered piles, which are 
designed to resist lateral load, will be located on each side of the 
pier at 12:1 slopes. Three vertical piles, which are designed to 
support 50 tons of vertical loads, will be located between the battered 
piles separated 1.5 m (5 ft) apart.
    Overview--New piles will be installed initially from shore and 
then, as construction proceeds, from the reconstructed dock. Following 
removal of each existing pile, steel casings will be vibrated (using a 
vibratory hammer) to a depth of approximately 0.8 m (2.5 ft) above the 
top elevation of the proposed pile (7.6 to 10.7 m [25 to 35 ft] below 
the mudline). The steel shell of 1.9 cm (\3/4\ in) thickness shall 
extend from above the water surface to below the upper layer of 
sediment, which consists of sand, into the harder sediment, which 
consists mostly of weathered shale and sandstone. The steel shell will 
be coated with polymer to protect the casings for corrosion. The steel 
shell will be coasted with polymer to protect the casings from 
corrosion. The steel shell shall be used to auger the holes and will 
then be cleaned and concrete poured using a tremie to seal the area 
below the shell. The shell will then be dewatered and a steel rebar 
cage installed prior to pouring concrete to fill the shell. These steps 
are described in further detail below.

[[Page 28736]]

    Pile Excavation--Following installation of the steel casing, each 
hole will be augered to the required pile depth of 7.6 to 10.7 m (25 to 
35 ft) below the mudline. An auger drill shall be used to excavate the 
sediment and rock from the steel shell. Geotechnical studies (Taber, 
2007) indicate that the material encountered in the test borings can be 
excavated using typical heavy duty foundation drilling equipment. 
Driving the new piles and augering the holes are the primary activities 
within the pile installation group of activities most likely to result 
in incidental harassment of marine mammals by potentially exposing them 
to underwater and in-air noise.
    Steel casing member of 1.9 cm (\3/4\ in) thickness shall be used to 
form the CISS concrete foundation columns in underwater locations. In 
this technique, inner and outer casings are partially imbedded in the 
ground submerged in the water and in concentric relationship with one 
another. The annulus formed between the inner and outer casings is 
filled with water and cuttings, while the inner casing is drilled to 
the required depth, and the sediment is removed from the core of inner 
steel casing. Following removal of the core, the outer casing is left 
in place as the new pile shell.
    The sediment and cuttings excavated shall be temporarily stockpiled 
in 50 gallon drums (or another authorized sealed waterproof container) 
at the staging area until all excavations are complete and then 
transferred for upland disposal at the Anderson Landfill or another 
approved upland sediment disposal site.
    The existing piles extend to approximately 6.1 m (20 ft) below the 
mudline. Each one of the existing 0.3 m (1 ft) diameter pile has 
displaced 0.4 m\3\ (15.7 ft\3\) of sediment. There are approximately 
205 wood piles to be removed. The total amount of sediment displaced by 
the existing piles is approximately 91.7 m\3\ (3,238.4 ft\3\). Each of 
the proposed CISS piles requires the displacement of approximately 1.5 
m\3\ (53 ft\3\) of sediment. There are 115 CISS piles to install. A 
total of approximately 172 m\3\ (6,074 ft\3\) of sediment would have to 
be removed in order to auger 115 holes to a depth of 9.1 m (30 ft) 
below the mudline. It is estimated that 7.6 to 76.5 m\3\ (268.4 to 
2,701.5 ft\3\) would have to be removed during pile installation. Many 
new holes will be augered in the location of existing piles where they 
overlap. As a result, less sediment will be required to be removed than 
would be required for the construction of a new pier, however, the 
exact location and penetration of the old piles is not recorded and 
will be determined during reconstruction activities. Therefore, a range 
of quantity of material to be removed is specified. Existing holes 
created by old wood piles removed and that do not overlap with the 
location of holes augered for the new piles will collapse and naturally 
fill with adjacent sediment.
    Most of the sediment excavated is expected to be in the form of 
cuttings if the hole is augered and/or drilled at a location of exiting 
piles. Sediment removed from the inner core during augering shall be 
mostly dry due to the compression created in the core during augering. 
Approximately fifty 50-gallon drums will be used to store the cuttings 
and sediment prior to disposal upland. The contractor shall implement 
BMPs WM-3--Stockpile Management, WM-4--Spill Prevention and Control, 
and WM-10--Liquid Waste Management listed in the CASQA Handbook (see 
handbook for detail).
    Concrete Seal Installation--A tremie (i.e., a steel pipe) will be 
used to seal the bottom 0.9 m (3 ft) of the hole below the bottom of 
the steel shell and above the ground. Before the tremie seal is poured, 
the inside walls of the pile will be cleaned by brushing or using a 
similar method of removing any adhering soil or debris in order to 
improve the effectiveness of the seal. A ``cleaning bucket'' or similar 
apparatus will be used to clean the bottom of the excavation of loose 
or disrupted material.
    The tremie is a steel pipe long enough to pass through the water to 
the required depth of placement. The pipe is initially plugged until 
placed at the bottom of the holes in order to exclude water and to 
retain the concrete, which will be poured. The plug is then forced out 
and concrete flows out of the pipe to its place in the form without 
passing through the water column. Concrete is supplied at the top of 
the pipe at a rate sufficient to keep the pipe continually filled. The 
flow of concrete in the pipe is controlled by adjusting the depth of 
embedment of the lower end of the pipe in the deposited concrete. The 
upper end may have a funnel shape or a hopper, which facilitates 
feeding concrete to the tremie. Each concrete seal is expected to cure 
within 24 to 48 hours.
    Dewatering Methodology--After the tremie seal has been poured, the 
water will be pumped out of the steel shells, which will act as a 
cofferdam. Pumping within the excavation at the various footings may be 
required to maintain a dewatered work area.
    The contractor shall test the pH of the water in each casing one 
day following pouring of the tremie seal to insure that the pH of the 
water did not change from the ambient pH. The water shall then be 
pumped into 50-gallon drums and transported to the staging area for 
discharge through percolation to eliminate solids. Should the pH of the 
water change from ambient pH, then the contractor shall haul the water 
to the Eureka Wastewater Treatment Plant for treatment prior to 
discharge. The contractor is expected to dewater a volume of 
approximately 450 gallons (1,720 L) each day during pile installation. 
For the installation of 115 piles, approximately 49,500 gallons 
(197,800 L) will be dewatered and discharged at the appropriate 
location at the staging area. Percolation rates will be verified prior 
to discharge of the ocean water at the designated location at the 
staging area, but are not expected to be prohibitive due to the sandy 
texture of the soil. The Contractor shall implement BMP WM-10 Liquid 
Waste Management as listed in the CASQA Handbook. Liquid waste 
management procedures and practices are used to prevent discharge of 
pollutants to the storm drain system or to watercourses as a result of 
the creation, collection, and disposal of non-hazardous liquid wastes. 
WM-10 provides procedures for containing liquid waste, capturing liquid 
waste, disposing liquid waste, and inspection and maintenance.
    Completion--Following dewatering of the steel shells, steel rebar 
cages shall be inserted into each shell. Ready-mix concrete placed into 
the drilled piers shall be conveyed in a manner to prevent separation 
or loss of materials. The cement-mixer truck containing the concrete 
shall be located on land adjacent to the north end of the pier. The 
concrete shall be pumped to the borings through a pipe (at least 0.9 cm 
[\3/4\ in] thick) that will span the length of the pier. When pouring 
concrete into the hole, in no case shall the concrete be allowed to 
freefall more than 1.5 m (5 ft). Poured concrete will be dry within at 
least 24 hours and completely cured within 30 days.
    A concrete washout station shall be located in the staging area at 
the designated location. The contractor shall implement BMP, WM-8--
Concrete Waste Management, as listed in the CASQA Handbook to prevent 
discharge of liquid or solid waste.

Pier Deck Construction

    Following the installation of the concrete piles, pre-cast concrete 
bent caps measuring 7.6 m (25 ft)--long shall be installed on top of 
each row of pilings. The concrete bents act to

[[Page 28737]]

distribute the load between the piles and support the pier.
    Pre-cast 6.1 m (20 ft)--long concrete sections shall be used for 
the decking. An additional layer of concrete shall be poured following 
installation of the precast sections. The layer of concrete will allow 
the decking of the pier to be sloped to the west for drainage purposes 
and to create an aesthetically pleasing decking. The surface of the 
decking will be colored and contain an earth tone pattern to match the 
surrounding environment.

Utilities

    Utilities located on the pier will require location during 
construction and replacement following construction of the pier 
footings and decking. Utilities include:
    Power: A 2 in PG&E power line that is currently attached to the 
west side of the pier and PG&E electrical boxes located along the west 
side of the pier.
    Sewer: Currently there are no sewer pipes on the pier. Visitors to 
the pier are served by a temporary restroom located on the south side 
of the pier. No direct sewer discharge is allowed in the ASBS.
    New utilities installed include water, phone, and electrical. New 
pier utilities will be constructed along the east and west side of the 
pier and will be enclosed within concrete utility trenches. Water pipes 
shall be routed along both sides of the pier to several locations along 
the pier. Phone lines shall be routed along the west side of the pier. 
All electrical switches will be located in one central box towards the 
west end of the pier by the loading and unloading landings location.
    Lighting installed along the pier shall be designed to improve 
visibility and safety. The proposed lighting will be embedded in the 
decking and railing of the pier to minimize light pollution from the 
pier. Lighting shall be designed to minimize light pollution by 
preventing the light from going beyond the horizontal plane at which 
the fixture is directed. Currently, there are lighting poles on the 
pier. The proposed lighting on the pier will be embedded on the west 
and east side of the decking separated approximately 7.6 m (25 ft) 
throughout the length of the pier. The lighting fixtures will have 
cages for protection matching the color of the railing. In addition, on 
the south side of the pier, lighting will be installed in the railing 
to provide lighting for the working area on the deck of the pier.
    Fish cleaning does not occur at the pier. This activity was 
formerly pursued by recreational users and was discontinued in 2006 due 
to water quality concerns.

Drainage

    There is currently no runoff collection system on the pier. Runoff 
drains from the existing pier directly into the ASBS. A storm water 
outfall for the City of Trinidad is located near the base of the pier.
    The pier decking shall be sloped to the west in order to direct 
runoff from the pier to the stormwater collection pipe. The runoff 
shall be routed along the west side of the pier and conveyed by gravity 
to a new upland manhole and storm chamber containing treatment media. 
All stormwater will be infiltrated within the storm chamber; there will 
be no discharge from the system. See Appendix C, drawings C-5 to C-8 of 
the IHA application, for details of the conveyance and treatment 
system. The pier-deck construction, utility replacement, and drainage 
improvements are not anticipated to result in significant effects to 
marine mammals.

BMPs

Pier Demolition Methods
     Waters shall be protected from incidental discharge of 
debris by providing a protective cover directly under the pier and 
above the water to capture any incidental loss of demolition or 
construction debris.
     A floating oil containment boom surrounding the work area 
will be used during the creosote-treated timber pile removal. The boom 
will also collect any floating debris. Oil-absorbent materials will be 
employed if a visible sheen is observed. The boom will remain in place 
until all oily material and floating debris has been collected and 
sheens have dissipated. Used oil-absorbent materials will be disposed 
at an approved upland disposal site.
     All removed piles shall be temporarily stored at the 
upland staging areas until all demolition activities are complete 
(approximately 6 months).
     Following the cessation of demolition activities, the 
creosote treated piles will be transported by the Contractor to an 
upland landfill approved to accept such materials.
     The pressure treated 2x4 in Douglas-fir decking will also 
be stored in the staging area until demolition is complete. The 
partially pressure treated decking and railing may be reused and will 
be kept by the Trinidad Rancheria for further use.
     The contractor shall also follow BMPs: NS-14--Material 
Over Water, NS-15--Demolition adjacent to Water, and WM-4--Spill 
Prevention and Control listed in the CASQA Handbook.
Pile Installation
     The sediment and cuttings excavated shall be temporarily 
stockpiled in 50 gallon (189 L) drums (or another authorized sealed 
waterproof container) at the staging area until all excavations are 
complete and then transferred for upland disposal at the Anderson 
Landfill or another approved upland sediment disposal site.
     The contractor shall implement BMPs WM-3--Stockpile 
Management, WM-4--Spill Prevention and Control, and WM-10--Liquid Waste 
Management listed in the CASQA Handbook.
     The contractor shall test the pH of the water in each 
casing one day following pouring of the tremie seal to insure that the 
pH of the water did not change by more than 0.2 units from the ambient 
pH. The water shall then be pumped into 50-gallon drums and transported 
to the staging areas for discharge through percolation to eliminate 
solids. Should the pH of the water change from ambient pH, then the 
contractor shall haul the water to the Eureka Wastewater Treatment 
Plant for treatment prior to discharge.
     The contractor shall implement BMP WM-10 Liquid Waste 
Management as listed in the CASQA Handbook. Liquid waste management 
procedures and practices are used to prevent discharge of pollutants to 
the storm drain system or to watercourses as a result of the creation, 
collection, and disposal of non-hazardous liquid wastes. WM-10 provides 
procedures for containing liquid waste, capturing liquid waste, 
disposing liquid waste, and inspection and maintenance.
     A concrete washout station shall be located in the staging 
area at the designated location. The contractor shall implement BMP, 
WM-8--Concrete Waste Management, as listed in the CASQA Handbook to 
prevent discharge of liquid or solid waste.
    Pier Construction:
     No concrete washing or water from concrete will be allowed 
to flow into the ASBS and no concrete will be poured within flowing 
water.
     Waters shall be protected from incidental discharge of 
debris by providing a protective cover directly under the pier and 
above the water to capture any incidental loss of demolition or 
construction debris.
Utilities
     Lighting will be embedded in the decking and railing of 
the pier to minimize light pollution from the pier. Lighting shall be 
designed to minimize light pollution by preventing the light

[[Page 28738]]

from going beyond the horizontal plain at which the fixture is directed 
so the light is directed upwards.
Drainage
     The pier decking shall be sloped to the west in order to 
direct runoff from the pier to the stormwater collection pipe. The 
runoff shall be routed along the west side of the pier and conveyed by 
gravity to a new upland manhole and storm chamber containing treatment 
media. Drainage from the storm chamber shall not be conveyed to 
Trinidad Bay, but will entirely be infiltrated within the storm 
chamber. See Appendix A, drawings C-5 to C-8, for details.
Construction Timing and Sequencing
     Noise-generating construction activities, including 
augering, pile removal, pile placement, and concrete pumping, will only 
be allowed from 7 a.m. to 7 p.m. These hours shall be further 
restricted as necessary in order for protected species observers (PSOs) 
to perform required observations.
    Project Benefits:
    The existing pier has pole lighting that illuminates the water 
surface; the proposed pier has lighting designed to avoid such 
illumination. The existing pier has dark wood and over 200 piles. The 
proposed pier, with 205 piles to be removed and 115 piles to be 
installed and a white concrete construction, will result in less 
shading of nearshore habitat. The project may have benefits to 
environmental resources other than marine mammals. This notice 
describes in detail BMPs that will be implemented for the proposed 
project. The BMPs are focused almost exclusively on protecting water 
quality, and while they may have ancillary benefits to some marine 
resources such as Essential Fish Habitat (EFH), they are not intended 
to serve as monitoring and mitigation measures for adverse effects to 
marine mammals. The only exception might be the ability to further 
modify noise timing restrictions to allow Protected Species Observers 
(PSOs) to perform their duties.
    Additional details regarding the proposed pile-driving and 
renovation operations for the Trinidad Pier Reconstruction Project can 
be found in the Trinidad Rancheria's IHA application and BA, as well as 
the U.S. Army Corps of Engineers (ACOE) Environmental Assessment (EA). 
The IHA application, BA, and ACOE EA can also be found online at: 
https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Proposed Dates, Duration, and Specific Geographic Area

    The Trinidad Pier Reconstruction Project is located in the city of 
Trinidad, California, Humboldt County, at Township 8N, Range 1W, 
Section 26 (41.05597[deg] North, 124.14741[deg] West) (see Figure 2-1 
of the BA). The proposed construction schedule is from August 1, 2011 
to May 1, 2012, with noise and activity effects requiring an IHA, 
occurring from August 1, 2011 through January 31, 2012.
    Trinidad Bay is a commercial port located between Humboldt Bay and 
Crescent City. The bay contains numerous vessel moorings which include 
permanent commercial vessel anchors as well 100 moorings that are 
placed for recreational vessel owners (Donahue, 2007). The uplands have 
residential, commercial and recreational land use classifications. The 
Trinidad Pier parcel was owned by the State of California, but was 
granted to the City of Trinidad which leases the tidelands to the Cher-
Ae Heights Indian Community of the Trinidad Rancheria. The parcels to 
be used for the staging area are owned by Trinidad Rancheria, the City 
of Trinidad, and the U.S. Coast Guard.
    Trinidad Bay is a shallow, open bay about 0.8 km (0.5 mi) deep (in 
the southwest-northeast direction) and 1.6 km (1 mi) wide (in the 
northwest-southeast direction). Figure 1 of the IHA application shows 
the whole bay. Generally the bay shelves at a moderate slope to about 
9.1 m (30 ft) depth and then flattens out, with most of the outer bay 
between 9.1 to 15.2 m (30 to 50 ft) deep. Substrates in the bay include 
rock, cobble, gravel and sand. The floor of the bay is irregular with 
some areas of submerged rock. The project area comprises the 0.31 acre 
pier over marine habitats and a staging area (the gravel parking lot 
located west of the pier) covering 0.53 acres of upland area.

Construction Timing and Sequencing

    The project is expected to be completed within nine months 
(approximately six months of loud noise-producing activities). 
Reconstruction of the pier is proposed to commence on August 1, 2011 
and terminate on May 1, 2012. Excluding weekends and holidays, a total 
of 217 working days will be available for work during this period. 
During the winter months (November to March) severe weather conditions 
are expected to occur periodically at the project site. The contractor 
may have to halt the work during pile installation due to strong winds, 
large swells, and/or heavy precipitation. Construction during the 
remainder of the year should not be impeded by large swells, but may be 
halted due to strong winds or precipitation; however, Trinidad Harbor 
is a sheltered area and does not often experience severe weather that 
would preclude the proposed work. The contractor will work five days 
per week from 7 a.m. to 7 p.m. Should severe weather conditions cause 
delays in the construction schedule, the contractor will work up to 
seven days per week as needed to ensure completion by May 1, 2012.
    Removal of all existing piles and decking and construction of the 
new pier will occur simultaneously. The existing decking and piles will 
be removed and new piles installed from the reconstructed pier. Pile 
bents will be separated 7.6 m (25 ft) apart. Following the installation 
of two successive pile bents, a new precast concrete deck section shall 
be installed. The contractor shall continue in this manner from the 
north end (shore) to south end (water terminus) of the existing pier.
    The contractor is expected to spend approximately six months 
(August through January) on pile removal and installation and the 
remaining three months (February through April) on deck and utilities 
reconstruction. It is estimated that each boring can be lined with a 
pile and excavated within six to eight hours. Pouring of the concrete 
seals is expected to take approximately two hours for each pile. The 
contractor is expected to remove an existing pile and install one new 
steel shell and pour a concrete seal each day, with a total of six to 
eight hours required for the process (i.e., 115 piles to be placed [one 
per day] during 115 days of work or 23 weeks of five days each). The 
final pour of the concrete piles is expected to take approximately two 
hours to fill the steel shells and is expected to cure within one week.
    It is expected that reconstruction of one row of piles and bents 
will take one week. Piles and bents will be installed over a 
discontinuous period of approximately 23 weeks. A new pre-cast concrete 
section of decking will be installed following the installation of two 
successive rows of piles and associated bents. The last three months 
will be used for pouring of the top layer of the decking and utilities 
construction.

Proposed Action Area

    The action area is defined as all areas directly or indirectly 
affected by the proposed action. Direct effects of the action are 
potentially detectable in all lands and aquatic areas within the 
project area, including the staging area.

[[Page 28739]]

The project would also directly affect 7.9 m (26 ft) of the Trinidad 
Bay shoreline.
    In-air (i.e., sub-aerial) and underwater sound effects would be the 
most laterally extensive effects of the proposed action and thus 
demarcate the limits of the action area. Assuming that underwater sound 
attenuates at a rate of -4.5 dB re 1 [micro]Pa (rms) for each doubling 
of distance, underwater sound from pile-driving (detailed in Section 6 
of the BA) would elevate noise above 120 dB (rms) up to 800 m (2,625 
ft) (the Port of Anchorage measured 168 dB re 1 [micro]Pa [rms] at a 
distance of 20 m from a pile, application of the practical spreading 
model with 4.5 dB attenuation for doubling of distance yields 120 dB 
[rms] at 800 m) seaward in all areas on a line-of-sight to the pier 
(Illingworth & Rodkin, 2008). The rationale for use of 120 dB (rms) as 
a metric is detailed in Section 6.6.1 of the BA, but also has a 
practical value because 120 dB (rms) is the lowest threshold currently 
used to detect underwater sound effects to any of the animals discussed 
in this analysis. Actual ambient underwater sound levels are probably 
quite variable in response to sound sources such as wave action and 
fishing vessel traffic. The assumptions regarding in-air and underwater 
noise in the IHA application, BA, and in this notice are generally 
regarded as extremely conservative.
    In-air (or sub-aerial) sound would be generated by equipment used 
during construction; the loudest source of such sound would be 
vibratory pile-driving, which generates a sound intensity of 
approximately 104 dB at 15.2 m (50 ft) (FHWA, 2006). Assuming an 
ambient background noise level of 59 dB, typical of residential 
neighborhoods, and a sound attenuation rate of 7.5 dB (rms) for each 
doubling of distance, the action area for aerial sound would extend 
975.4 m (3,200 ft) in an unobstructed landward direction from the dock. 
The action area would extend farther in a seaward direction, because 
aerial sound attenuates with distance more slowly over water and also 
because ambient noise levels are potentially quieter in that direction. 
Assuming an attenuation rate of 6 dB (rms) for each doubling of 
distance and an ambient marine noise background of 50 dB, the action 
area for above-water effects would extend 7.7 km (4.8 mi) seaward from 
the pier.
    The seaward attenuation rate assumes no environmental damping or 
attenuation and thus is produced by a simple inversion square law. The 
landward attenuation rate assumes a low level of environmental damping 
due to non-forest vegetation, structures, topography, etc. and 
corresponds to the rate recommended by WSDOT (2006) for terrestrial in-
air in non-forest environments. The 59 dB and 50 dB estimates are based 
on EPA (1971), a standard source of data on typical background sound 
levels (in dBA) for various environments. These typical levels were 
revised upwards by approximately 3 dB because the dBA curve down-
weights sound intensity at the lower frequencies typical of vibratory 
pile-driving noise, which is the principal source of noise considered 
in demarcation of an action area for the proposed action. Thus the 59 
dB and 50 dB values represent unweighted estimates of background sound 
levels.
    The IHA application and BA provides a detailed explanation of the 
Trinidad Pier Reconstruction Project location as well as project 
implementation.
Description of Marine Mammals and Habitat Affected in the Activity Area
    One cetacean species and two species of pinnipeds are known to or 
could occur in the proposed Trinidad Bay action area and off the 
Pacific coastline (see Table 1 below). Eastern Pacific gray whales, 
California sea lions, and Pacific harbor seals are likely to be found 
within the proposed activity area. Steller sea lions and transient 
killer whales could potentially be found in small numbers within the 
activity area, but authorization for ``take'' by incidental harassment 
is not requested for Steller sea lions and transient killer whales due 
to their rarity and the feasibility of avoiding impacts to these 
species by pausing work in the event that they are detected, as 
detailed in the Marine Mammal Monitoring Plan. NMFS, based on the best 
available science, agrees that transient killer whales and Steller sea 
lions are not likely to be present in the proposed action area during 
implementation of the specified activities and are thus unlikely to be 
exposed to effects of the specified activities. NMFS does not expect 
incidental take of these marine mammal species. The potential presence 
of Steller sea lions is detailed in Section 5.6 of the Trinidad 
Rancheria's BA. The potential presence of gray whales, killer whales, 
harbor seals, and California sea lions is detailed in Appendix C of the 
IHA application.
    A variety of other marine mammals have on occasion been reported 
from the coastal waters of northern California. These include 
bottlenose dolphins, harbor porpoises, northern elephant seals, 
northern fur seals, and sea otters. However, none of these species has 
been reported to occur in the proposed action area, and in particular 
none were mentioned by the regional NMFS specialist in the 
identification of species to be addressed in the IHA application. The 
sea otter is managed under the jurisdiction of the U.S. Fish and 
Wildlife Service (USFWS) and is not considered further in this 
analysis. The USFWS has informed the U.S. Army Corps of Engineers that 
a Section 7 consultation is not necessary for any of their 
jurisdictional species, including sea otters. Table 1 below outlines 
the cetacean and pinnipeds species, their habitat, and conservation 
status in the general region of the proposed project area.
BILLING CODE 3510-22-P

[[Page 28740]]

[GRAPHIC] [TIFF OMITTED] TN18MY11.000

BILLING CODE 3510-22-C

Pacific Harbor Seal

    Harbor seals are widely distributed in the North Atlantic and North 
Pacific. The subspecies in the eastern North Pacific Ocean inhabits 
near-shore coastal and estuarine areas from Baja California, Mexico, to 
the Pribilof Islands in Alaska. These seals do not make extensive 
pelagic migrations, but do travel 300 to 500 km (186 to 311 mi) on 
occasion to find food or suitable breeding areas (Herder, 1986; D. 
Hanan unpublished data). Previous assessments of the status of harbor 
seals have recognized three stocks along the west coast of the 
continental U.S.: (1) California, (2) Oregon and Washington outer coast 
waters, and (3) inland waters of Washington. In California, 
approximately 400 to 600 harbor seal

[[Page 28741]]

haul-out sites are distributed along the mainland and on offshore 
islands, including intertidal sandbars, rocky shores, and beaches 
(Hanan, 1996; Lowery et al., 2005).
    Goley et al. (2007) detailed harbor seal abundance at varied sites 
in Humboldt County, including the haul-out at Indian Beach, which 
generally refers to beaches in Trinidad Bay. Seals haul-out on rocks 
and at small beaches at many locations that are widely dispersed within 
Trinidad Bay; the closes such haul-out is 70 m (229.7 ft) from the 
pier, while the most distant are over 1 km (0.6 mi) away near the south 
end of Trinidad Bay (Goley, pers. comm.). Seals haul-out at rocks in 
Trinidad Bay regularly throughout the year, so harbor seals approaching 
or departing these haul-outs would be subject to underwater and in-air 
noise from pile-driving and thus, potential behavioral modification.
    Table 7 in Goley et al. (2007) lists the sighting rates for harbor 
seals during nine years of monthly observations at Trinidad Bay. A 
sighting rate of zero occurred only three times in a total of 62 
observations, and the average number of animals observed per month 
ranged from a low of 25 in November to a maximum of 67 in July. On four 
occasions, over 120 seals were counted at the haul-out. The average 
sighting rate during the period when pile removal and placement would 
occur, in the months from August through January, was approximately 37 
seals per monthly observation. In contrast, the average detection rate 
in the months of February through July was 50.7 seals per monthly 
observation. In practice, seals can usually be seen and/or heard 
vocalizing from the existing pier (Goley, pers. comm.).
    No data were collected on how much time the seals spend in the 
water near the haul-out. Goley et al. (2007) note that they ``are 
typically less abundant during the winter months as seals tend to spend 
more time foraging at sea during this time. Seals are more abundant in 
the area in spring and summer. During this time both males and females 
increase their use of nearshore habitat for hauling-out and feeding'' 
(Thompson et al., 1994; Coltman et al., 1997; Van Parijs et al., 1997; 
Baechler et al., 2002). From early March to June harbor seals in 
Trinidad Bay bear and rear pups, and in June and July the seals molt; 
both activities tie them closely to land and correlate to intensive use 
of available haul-outs. The Trinidad Bay harbor seal population, which 
consists of approximately 200 seals, shows very little interchange with 
the nearby Humboldt Bay population (Goley, pers. comm.). Goley observed 
Humboldt Bay seals show high site fidelity for sandy beach haul-outs, 
whereas the Trinidad Bay and Patrick's Point seals have corresponding 
fidelity for rocky haul-outs (Goley, pers. comm.). However, there is 
also a much larger population over 1,000 seals at Patrick's Point, a 
few miles to the north. It is not known whether seals move back and 
forth between the Trinidad Bay and Patrick's Point populations. If not, 
the Trinidad Bay seals are highly dependent upon available haul-outs in 
Trinidad Bay (Goley, pers. comm.).
    Palmer's Point is a specific geographical feature within the 
Patrick's Point headland area. Seals also haul-out at other rocks in 
the area. Dr. Dawn Goley has stated that it is unknown whether there is 
interchange between the Patrick's Point and Trinidad Bay seals. Data 
that would allow a conclusive determination on this point, such as 
genetic or radio/acoustic tracking studies, have not been gathered. 
However, Goley et al. (2007) do state that ``harbor seals exhibit high 
site fidelity, utilizing one to two haul-out sites within their range 
(Sullivan, 1980; Pitcher et al., 1981; Stewart et al., 1994), rarely 
traveling more than 25 to 50 km (15.5 to 31.1 mi) from these haul-outs 
(Brown and Mate, 1983; Suryan and Harvey, 1998). Movements between and 
the use of alternate haul-out sites has been attributed to the use of 
alternative foraging areas near their new haul-out site (Thompson et 
al., 1996b; Lowry et al., 2001) and the seasonal use of certain haul-
out sites for pupping and molting (Herder, 1986; Thompson et al., 
1989).'' Based on the fact that the Palmer's Point and Trinidad Bay 
haul-outs are close to each other (9 km [5.6 mi]) compared to the 
foraging areas used by harbor seals, and that the Patrick's Point area 
is home to approximately 1,000 harbor seals (Goley, pers. comm.), a far 
larger grouping than the one found at Trinidad Bay, and given that 
observations of harbor seals at Trinidad Bay go through strong seasonal 
fluctuations, it is not appropriate to dismiss a hypothesis that there 
is interchange between the two areas. If the seals do seasonally vacate 
Trinidad Bay for alternative foraging grounds, then Patrick's Point is 
their most likely alternative haul-out.
    At the beginning of the construction period, in August, the average 
number of harbor seals observed at the haul-out is 63.5 (based on one 
observation of 121 animals and three observations of 33 to 52 animals). 
At this time, it is highly probable that harbor seals use this haul-out 
frequently for essential activities such as rearing pups and molting. 
After August and September, use of the haul-out by seals declines 
greatly (average of 30.3, 25.2, 32.5 and 27.6 animals recorded in 
September, October, November, December and January, respectively), and 
most foraging occurs in offshore areas unaffected by pile-driving 
noise. While harbor seals may be present and use the haul-out in 
Trinidad Bay at any time of the year, Goley et al. (2007) states that 
harbor seals ``are typically less abundant during the winter months as 
seals tend to spend more time foraging at sea during this time.''
    A complete count of all harbor seals in California is impossible 
because some are always away from the haul-out sites. A complete pup 
count (as is done for other pinnipeds in California) is also not 
possible because harbor seals are precocious, with pups entering the 
water almost immediately after birth. Based on the most recent harbor 
seal counts (2004 and 2005) and including a revised correction factor, 
the estimated population of harbor seals in California is 34,233 
(Carretta et al., 2005), with an estimated minimum population of 31,600 
for the California stock of harbor seals. Counts of harbor seals in 
California showed a rapid increase from approximately 1972 to 1990, but 
since 1990 there has been no net population growth along the mainland 
or the Channel Islands. Though no formal determination of Optimal 
Sustainable Population (OSP) has been made, the decrease in the growth 
rate may indicate that the population is approaching its environmental 
carrying capacity. The harbor seal is not listed under the ESA and the 
California stock is not considered depleted under the MMPA.

California Sea Lion

    The U.S. stock of California sea lions extends from the U.S. Mexico 
border north into Canada. Breeding areas of the sea lion are on islands 
located in southern California, western Baja California, and the Gulf 
of California and they primarily use the central California area to 
feed during the non-breeding season. California sea lions, although 
abundant in northern California waters, have seldom been recorded in 
Trinidad Bay during the surveys reported by Goley et al. (2007), but no 
records were kept of whether they were seldom observed in water or on 
haul-outs. This may be due to the presence of a large and active harbor 
seal population there.
    The entire population cannot be counted because all age and sex 
classes are never ashore at the same time. In lieu of counting all sea 
lions, pups are counted during the breeding season

[[Page 28742]]

(because this is the only age class that is ashore in its entirety), 
and the numbers of births is estimated from the pup count. The size of 
the population is then estimated from the number of births and the 
proportion of pups in the population. Population estimates for the U.S. 
stock of California sea lions, range from a minimum of 141,842 to an 
average of 238,000 animals. The California sea lion is not listed under 
the ESA and the U.S. stock is not considered depleted under the MMPA.

Eastern Pacific Gray Whale

    There are two recognized stocks of gray whales in the North 
Pacific, the Eastern North Pacific stock (or population), which lives 
along the west coast of North America, and the Western North Pacific or 
``Korean'' stock (or population), which lives along the coast of 
eastern Asia (Rice, 1981; Rice et al., 1984; Swartz et al., 2006). Most 
of the Eastern Pacific stock spends the summer feeding in the northern 
and western Bering and Chukchi Seas (Rice and Wolman, 1971; Berzin, 
1984; Nerini, 1984). However, gray whales have been reported feeding in 
the summer in waters near Kodiak Island, Southeast Alaska, British 
Columbia, Washington, Oregon, and California (Rice and Wolman, 1971; 
Darling, 1984; Nerini, 1984; Rice et al., 1984; Moore et al., 2007). 
Each fall, the whales migrate south along the coast of North America 
from Alaska to Baja California in Mexico (Rice and Wolman, 1971), most 
of them starting in November or December (Rugh et al., 2001). The 
Eastern Pacific stock winters mainly along the west coast of Baja 
California, using certain shallow, nearly landlocked lagoons and bays, 
and calves are born from early January to mid-February (Rice et al., 
1981), often seen on the migrations well north of Mexico (Shelden et 
al., 2004). The northbound migration generally begins in mid-February 
and continues through May (Rice et al., 1981, 1984; Poole, 1984a), with 
cows and newborn calves migrating northward primarily between March and 
June along the U.S. West Coast.
    Goley et al. (2007) lists the sighting rates for gray whales during 
eight years of monthly observations at Trinidad Bay. Sighting rates 
varied from 0 to 1.38 whales per hour of observation time. The average 
detection rate during the period when pile removal and placement would 
occur, in months from August through January, was 0.21 whales per hour 
of observation time. In contrast, the average detection rate in the 
months of February through July was 0.48 whales per hour. The majority 
of these detections were within 2 km (1.2 mi) of the shorelines. 
Visibility conditions seldom allow detection of whales at greater 
distances.
    The population size of the Eastern Pacific gray whale stock has 
been increasing over the past several decades. Based on the most recent 
abundance estimates, the minimum population for this stock is 17,752 
animals. As of 1994, the Eastern Pacific stock of gray whales is no 
longer listed as endangered under the ESA and is not considered 
depleted under the MMPA. The Western Pacific stock of gray whales is 
listed as endangered under the ESA and is considered depleted under the 
MMPA.

Steller Sea Lions

    Steller sea lions range along the North Pacific rim from northern 
Japan to California (Loughlin et al., 1984), with centers of abundance 
and distribution in the Gulf of Alaska and Aleutian Islands, 
respectively. The species is not known to migrate, but individuals 
disperse widely outside of the breeding season (late May to early 
July), thus potentially intermixing with animals from other areas. 
Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (NMFS, 1995; 
Trujillo et al., 2004; Hoffman et al., 2006). A northward shift in the 
overall breeding distribution has occurred, with a contraction of the 
range in southern California and new rookeries established in 
southeastern Alaska (Pitcher et al., 2007).
    The eastern stock of Steller sea lions breeds on rookeries located 
in southeast Alaska, British Columbia, Oregon, and California; there 
are no rookeries located in Washington. Counts of pups on rookeries 
conducted near the end of the birthing season are nearly complete 
counts of pup production. Using the most recent 2002 to 2005 pup counts 
available by region from aerial surveys across the range of the eastern 
stock, the total population of the eastern stock of Steller sea lions 
is estimated to be within the range of 45,095 to 55,832 (NMFS, 2009).
    Steller sea lions are migratory and appear to be most abundant in 
Humboldt County area during spring and fall. The nearest documented 
haul-out site for Steller sea lions is Blank Rock, situated 
approximately 1 km (0.6 mi) due west of the Trinidad Pier, on the 
opposite side of Trinidad Head (see Figure 2 of IHA application). 
Surveys have documented absence of Steller sea lions at this haul-out 
between the months of October through April, and very few have been 
observed in the months of August and September (Sullivan, 1980). 
Furthermore, when leaving haul-outs, sea lions generally travel seaward 
to forage in deeper waters where their prey is more abundant (NMFS, 
2008). Steller sea lions have not been documented within Trinidad Bay 
over eight years of surveys conducted at the site (Goley, pers. comm.). 
The areas surrounding the project site could be used by non-breeding 
adults and juveniles and by sea lions after the breeding season (NMFS, 
2006). The applicant has not requested authorization for incidental 
take of Steller sea lions. Based on its assessment of the occurrence, 
distribution, and behavioral patterns of the Steller sea lion, NMFS 
does not expect that the proposed specified activities are likely to 
result in incidental take of the species.

Killer Whales

    Killer whales have been observed in all oceans and seas of the 
world (Leather wood and Dahlheim, 1978). Although reported from 
tropical and offshore waters, killer whales prefer the colder waters of 
both hemispheres, with greatest abundances found within 800 km (497.1 
mi) of major continents (Mitchell, 1975). Along the west coast of North 
America, killer whales occur along the entire Alaska coast (Braham and 
Dahlheim, 1982), in British Columbia and Washington inland waterways 
(Bigg et al., 1990), and along the outer coasts of Washington, Oregon, 
and California (Green et al., 1992; Barlow, 1995, 1997; Forney et al., 
1995). Seasonal and year-round occurrence has been noted for killer 
whales through Alaska (Braham and Dahlheim, 1982) and in the 
intracoastal waterways of British Columbia and Washington State, where 
pods have been labeled as `resident,' `transient,' and `offshore' (Bigg 
et al., 1990; Ford et al., 1994) based on aspects of morphology, 
ecology, genetics, and behavior (Ford and Fisher, 1982; Baird and 
Stacey, 1988; Baird et al., 1992; Hoelzel et al., 1998). Movements of 
killer whales between the waters of Southeast Alaska and central 
California have been documented (Goley and Straley, 1994).
    Based on data regarding association patterns, acoustics, movements, 
genetic differences and potential fishery interactions, five killer 
whale stocks are recognized within the Pacific U.S. Exclusive Economic 
Zone: (1) The Eastern North Pacific Northern Resident stock--occurring 
from British Columbia through Alaska, (2) the Eastern North Pacific 
Southern Resident stock--

[[Page 28743]]

occurring mainly within the inland waters of Washing State and British 
Columbia, but also in coastal waters from British Columbia through 
California, (3) the Eastern North Pacific Transient stock--occurring 
from Alaska through California, (4) the Eastern North Pacific Offshore 
stock--occurring from Southeast Alaska though California, and (5) the 
Hawaiian stock (NMFS, 2000, 2004).
    Killer whales are rare visitors to Trinidad Bay, but there is 
currently a very high awareness of their potential presence due to an 
incident in May, 2008, when a transient killer whale was observed to 
take a seal on the beach at Trinidad Bay (Driscoll, 2008). The 
applicant has not requested authorization for incidental take of killer 
whales. Based on its assessment of data regarding the distribution, 
migratory patterns and occurrence of transient killer