Incidental Harassment Authorization Request KTN Berth III New Mooring Dolphins Project

Request for an Incidental Harassment Authorization Under the Marine Mammal Protection Act for the Berth III New Mooring Dolphins Project

City of Ketchikan Port and Harbors Ketchikan, Alaska

Draft September 2020

Submitted to: National Marine Fisheries Service Office of Protected Resources 1315 East-West Highway Silver Spring, Maryland 20910-3226

Prepared by: PND Engineers, Inc. 1736 4th Ave S., Suite A Seattle, WA 98134 (206) 524-1387

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TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS ...... vii 1 Description of the Activity ...... 8 1.1 Introduction ...... 8 1.2 Project Purpose and Need ...... 8 1.3 Project Description ...... 10 Permanent Dolphin Piles ...... 11 Temporary Template Piles ...... 11 Dolphin Caps ...... 12 Catwalk ...... 12 2 Dates, Duration, and Region of Activity ...... 14 2.1 Dates and Duration ...... 14 2.2 Region of Activity ...... 14 2.3 Physical Setting ...... 15 Prey Species ...... 16 Marine Debris and Pollution ...... 18 2.4 Acoustic Environment ...... 19 Underwater Noise ...... 19 Airborne Noise ...... 20 3 Species and Number of Marine Mammals ...... 21 4 Affected Species Status and Distribution ...... 23 4.1 Humpback Whale (Megaptera novaeangliae) ...... 23 Status ...... 23 Population and Distribution ...... 23 Status in the Action Area ...... 24 Life History ...... 25 Acoustic Ecology ...... 25 Humpback Whale Critical Habitat ...... 25 4.2 Steller Sea Lion (Eumetopias jubatus) ...... 25 Status ...... 25 Distribution ...... 26 Status in the Action Area ...... 26 Life History ...... 27 Acoustic Ecology ...... 27 Steller Sea Lion Critical Habitat ...... 28 4.3 Harbor Seal (Phoca vitulina) ...... 28 Status ...... 28 Distribution ...... 29 Status in the Action Area ...... 29 Life History ...... 30 Acoustic Ecology ...... 30 Status ...... 30 Distribution ...... 30 Status in the Action Area ...... 30 Life History ...... 31 Acoustic Ecology ...... 31 4.5 Harbor Porpoise (Phocoena phocoena) ...... 31 Status ...... 31 Distribution ...... 31

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Status in the Action Area ...... 32 Life History ...... 32 Acoustic Ecology ...... 32 4.6 Killer Whale (Orcinus orca) ...... 33 Status ...... 33 Distribution ...... 33 Status in the Action Area ...... 33 Acoustic Ecology ...... 34 4.7 Gray Whale (Eschrichtius robustus) ...... 34 Status ...... 34 Distribution ...... 34 Status in the Action Area ...... 34 Life History ...... 35 Acoustic Ecology ...... 35 4.8 Minke Whale (Balaenoptera acutorostrata) ...... 35 Status ...... 35 Distribution ...... 35 Status in the Action Area ...... 35 Life History ...... 35 Acoustic Ecology ...... 36 4.9 Pacific White-Sided Dolphin (Lagenorhynchus obliquidens) ...... 36 Status ...... 36 Distribution ...... 36 Status in the Action Area ...... 36 Life History ...... 36 Acoustic Ecology ...... 36 5 Type of Incidental Take Authorization Requested ...... 38 5.1 Compliance with Small Numbers and Negligible Impact Requirements ...... 38 5.2 Method of Incidental Taking ...... 38 6 Take Estimates for Marine Mammals ...... 39 6.1 Regulatory Thresholds for Marine Mammal Take ...... 39 Updated Cumulative Sound Threshold Guidance...... 39 Updated Peak Sound Threshold Guidance ...... 40 Interim Sound Threshold Guidance ...... 40 6.2 Sources of Anthropogenic Sound ...... 41 Underwater Sources...... 41 Airborne Sources ...... 44 6.3 Calculated Impact Isopleths ...... 44 6.4 Number of Marine Mammals that May Be Affected ...... 46 Humpback Whale ...... 48 Steller Sea Lion ...... 49 Harbor Seal ...... 49 Dall’s Porpoise ...... 49 Harbor Porpoise ...... 50 Killer Whale ...... 50 Gray Whale ...... 50 Minke Whale ...... 50 Pacific White-Sided Dolphin ...... 50 7 Anticipated Impact on Species or Stocks of Marine Mammals ...... 51 8 Anticipated Impact on Subsistence Uses ...... 52

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8.1 Steller Sea Lion ...... 52 8.2 Harbor Seal ...... 52 8.3 Impact on Availability of Marine Mammals for Subsistence Uses ...... 53 9 Anticipated Impact on Habitat ...... 54 9.1 Prey ...... 54 9.2 Vessel Interactions ...... 54 9.3 Underwater Noise ...... 55 9.4 Water Quality ...... 55 10 Anticipated Effects of Habitat Impacts on Marine Mammals ...... 56 10.1 Vessel Interactions ...... 56 10.2 Noise ...... 56 10.3 Water Quality ...... 57 10.4 Prey Availability ...... 57 11 Mitigation Measures ...... 58 11.1 General Construction Activities ...... 58 11.2 Pile Installation Activities ...... 58 Monitoring and Shutdown ...... 58 Pile Installation Methods ...... 59 Soft Start Procedures ...... 59 11.3 Vessel Interactions ...... 59 11.4 In-Water or Over-Water Construction Activities ...... 59 11.5 Compensatory Habitat Mitigation ...... 59 12 Mitigation Measures to Protect Subsistence Uses ...... 60 13 Monitoring and Reporting Plans ...... 61 13.1 Monitoring Plan ...... 61 13.2 Reporting ...... 61 Annual Report ...... 61 14 Coordinating Research to Reduce and Evaluate Incidental Take ...... 63 15 Conclusion ...... 64 16 Literature Cited ...... 65 LIST OF TABLES Table 1. Project Pile Quantities ...... 10 Table 2. Construction Sequence ...... 12 Table 3. Salmonid Essential Fish Habitat (NMFS EFH Mapper 2020) ...... 16 Table 4. Anadromous Waters in the Action Area ...... 17 Table 5. Statter Harbor Background Noise Levels ...... 20 Table 6. Species with ranges extending into the project site ...... 22 Table 7. SELCUM PTS Onset Thresholds. (NMFS 2018b) ...... 40 Table 8. SPLPK Level A Thresholds for Impulsive Noise. (NMFS 2018b) ...... 40 Table 9. Level B and Airborne Behavioral Disturbance Thresholds. (NMFS 2015) ...... 41 Table 10. Parameters for Non-Impulsive Underwater Noise Calculations ...... 42 Table 11. Parameters for Impulsive Underwater Noise Calculations ...... 43 Table 12. Parameters for Airborne Noise Calculations ...... 44 Table 13. Calculated Level A Harassment Isopleths ...... 45 Table 14. Calculated Level B Harassment Isopleths ...... 46 Table 15. Calculated Isopleths – Airborne Sources ...... 46 Table 16. Potential Exposures of Marine Mammals During Project Activities ...... 47

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LIST OF FIGURES Figure 1. Project Vicinity Map ...... 9 Figure 2. Project Location ...... 10 Figure 3. Action Area (Largest Level B Harassment Zone) ...... 15 Figure 4. Anadromous Waters in the Action Area (ADF&G AWC 2020b) ...... 17 Figure 5. Steller Sea Lion Critical Habitat Sites in Southeast Alaska ...... 28 Figure 6. Harbor Seal Haulouts in Project Vicinity (NOAA 2020) ...... 29

LIST OF APPENDICES Appendix A. Project Permit Drawings Appendix B. Marine Mammal Monitoring and Mitigation Plan

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ACRONYMS AND ABBREVIATIONS • ADEC Alaska Department of Environmental Conservation • ADF&G Alaska Department of Fish and Game • BMP best management practice • CM cubic meters • CWA Clean Water Act • CV coefficient of variation • CY cubic yards • dB decibel • DPS distinct population segment • EA each • eDPS Eastern Distinct Population Segment • ESCA Endangered Species Conservation Act • ESA Endangered Species Act • FR Federal Register • HTL high tide line • Hz hertz • IHA Incidental Harassment Authorization • MD mooring dolphin • MHW mean high water • MLLW mean lower low water • MMMP Marine Mammal Monitoring Plan • MMPA Marine Mammal Protection Act • NMFS National Marine Fisheries Service • NOAA National Oceanic and Atmospheric Administration • PND PND Engineers, Inc. • PTS permanent threshold shift • RMS root mean square • SEL Sound Exposure Level • SELCUM Cumulative Sound Exposure Level • SFT square feet • SPAR Spill Protection and Response • SPL sound pressure level • SQM square meter • SSL Steller Sea Lion • TTS temporary threshold shift • USACE United States Army Corps of Engineers • USFWS United States Fish and Wildlife Service • wDPS Western Distinct Population Segment • WFA Weighting Factor Adjustment

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1 Description of the Activity

1.1 Introduction The City of Ketchikan (COK) is proposing improvements to Berth III located in Ketchikan, Alaska to accommodate the needs of the growing cruise ship visitor industry and its vessels. In response to the increased demand from cruise lines to bring larger class cruise ships to Ketchikan, COK proposes to install three new 250- ton pile supported mooring dolphins (MD#2, MD#3 and MD#4) See Figures 1 and 2 for the proposed project location. The proposed project will occur in marine waters that support several marine mammal species. The Marine Mammal Protection Act of 1972 (MMPA) prohibits the taking of all marine mammals, which is defined as to “harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill,” except under certain situations. Section 101(a)(5)(D) of the MMPA allows for National Marine Fisheries Service (NMFS) to issue an Incidental Harassment Authorization (IHA), provided an activity results in negligible impacts to marine mammals and would not adversely affect subsistence use of these animals (MMPA 1972, as amended). The project timing and location may result in marine mammals protected under the MMPA being exposed to sound levels above allowable noise harassment thresholds.

1.2 Project Purpose and Need The proposed project is necessary to provide safe moorage capacity when Norwegian Breakaway Plus (Bliss) class cruise ship vessel, or a similar sized vessel, is moored at Berth III. The Bliss class vessels (326 m [1,068 ft], 146,600 gross tonnage) started calling to Ketchikan during the 2018 cruise ship season. While the vessel was able to moor at Berth III, operational wind speed restrictions were established to safely moor the vessel to prevent damage to Berth III structures. To safely moor a Bliss class, or similar, vessel at Berth III, additional tie up locations are needed to the north and south ends of the berth. Without the proposed improvements, the community of Ketchikan could face significant financial impacts should vessels be unable to safely moor at Berth III.

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Figure 1. Project Vicinity Map

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MD#2

MD#3

MD#4

Figure 2. Project Location

1.3 Project Description The proposed project would install three new mooring dolphins, one at the north end of Berth III (MD#2) and two at the south end (MD#3 & MD#4). Construction activities generally include mobilization, erecting temporary weather structures and templates, pile driving and down-the-hole hammering, pile splicing, pile-to- dolphin cap welding and setting catwalks.

Table 1. Project Pile Quantities

Location Item Size and Type Quantity Dolphin and Fender Piles 48-inch (1.22 m) steel pipe piles 6 MD#2 Temporary Template Piles 30-inch (0.76 m) steel pipe piles 8 MD#3 Dolphin Piles 36-inch (0.9 m) steel pipe piles 3 MD#4 Dolphin Piles 36-inch (0.9 m) steel pipe piles 3

Construction equipment is expected to consist of up to two crane barges, one material barge, and three work boats (each under 25 feet). Materials would be transported to the site using a tug/barge combination. Pile driving will be conducted from an anchored barge, utilizing vibratory and impact hammers to install and remove piles and down-the-hole hammer (hereafter alternatively referred to as hammered and hammering) to install rock sockets and tension anchors. The barges will remain anchored on-site during construction, making only minor

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adjustments in position as required to perform the work. Vibratory pile driving/hammering equipment will be specified as the primary installation method for the project and impact hammers will only be used to seat (secure) the pile tips into fractured bedrock ahead of the hammering operations or if material is encountered that is too dense to penetrate with a vibratory hammer. Down-the-hole hammering for rock sockets and tensioned rock anchors will occur as needed after the piles are driven. Each element is further described below. Construction pile quantities are summarized in Table 1. Permanent Dolphin Piles MD#2 will require six 48-inch diameter steel pipe piles up to 180 feet in length each. MD#3 and MD#4 will each require three 36-inch diameter steel pipe piles up to 180 feet in length each (quantities are summarized in Table 1). These piles will be installed in water depths up to 110 feet deep and will be driven through approximately 10 feet of loose overburden substrate. Due to the nature of deep-water pile installation in loose sediment, a variety of means and methods are required to install a single pile. Each pile will be installed using a combination of installation methods: vibratory hammer, impact hammer, and hammering. The contractor may alternate between installation method during the day depending on the conditions encountered. Only one installation method will occur at a time. In addition to alternating between installation methods, the contractor may also be required to splice on additional lengths of pile (i.e. weld piles together to make them longer). Up to three splices are expected per pile. Piles will be initially driven with a vibratory hammer from a barge-based crane. It is anticipated that the largest size vibratory hammer used for the project will be an APE 200 or comparable vibratory hammer from another manufacturer such as ICE or HPSI. Following vibratory driving, an impact hammer will be used to seat the piles firmly into bedrock. It is anticipated that a Delmag D100 diesel hammer or equivalent will be used for the impact pile driving. Due to limited overburden, all piles will require hammered rock sockets using a down-the-hole hammer. Sockets up to 20 feet deep will be hammered through the pile shaft to the width of the associated pile. The pile will be drawn into the hammered socket through the hammering action. Several piles will require additional tensioned rock anchors to provide additional tension capacity. A 14-inch casing will be inserted into the pile and a 12-inch hole will be hammered up to 60 feet from the base of the rock socket. Three anchor rods will be inserted inside the casing; extending all the way from the top of pile to the tip of the hammered 12-inch hole. The hammered 12-inch hole and casing will be filled with grout after component installation. The noise levels associated with installing tensioned rock anchors are generally low and noise generated in the 12-inch hole hammering process is attenuated by overburden, pile, and casing (82 FR 34632). Temporary Template Piles Temporary template piles will be installed for MD#2 to aid with construction and will be removed after the permanent dolphin piles have been installed. Template piles are not necessary at the MD#3 and MD#4 because the dock structure can be used in lieu of temporary template piles. Temporary template piles will include up to eight 30-inch (0.76 m) diameter piles or smaller (Table 2). Once installed, each temporary template pile will measure around 150-feet (46 m) in length and will consist of up to two sections that will be spliced together as they are installed. Installation methods for the temporary template piles will be similar to the permanent dolphin piles. Hammering, as described above, may be necessary to set the temporary template piles. Removal of the temporary template piles will only involve use of a vibratory hammer.

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Dolphin Caps An off-site prefabricated steel dolphin cap will be set on top of the piles and welded to the cap. No in-water work is associated with this feature. Catwalk One new off-site prefabricated grated catwalk, approximately 60-feet (18.3-m) in length and 275 square feet, will be set to provide access to the new MD#2. No in-water work is associated with this feature. Table 2 describes the construction sequence and the pile driving activities summary.

Table 2. Construction Sequence

Task Description of Activity • The contractor will mobilize the necessary equipment which generally includes up to 2 crane barges, 1 material barge, 3 work boats (each under 25 feet), and personnel. • Mobilize to Site The barges will most likely mobilize from Southeast Alaska depending on the Contractor, availability, and current moorage. • Barges will be moored on-site for the duration of construction, making only minor adjustments in position as needed. Overview: The template piles require the tips of all piles to be installed approximately 10 ft into bedrock. Approximately 10 feet of overburden (soil material above bedrock) is anticipated. Overburden generally consists of loose sandy/silty material. Install • Step 1: The contractor will initially vibratory drive all temporary piles to first refusal. Temporary First refusal occurs when the contractor is unable to advance the pile tip any further Template Piles with a vibratory hammer. This will likely occur at bedrock elevation. at MD#2 • Step 2: Contractor will seat (or secure) tip of pile into bedrock with an impact hammer; advancing the tip 1 to 2 feet into fractured bedrock. • Step 3: Once pile has been “seated” into bedrock with impact hammer, contractor may elect to socket hammer pile up to 10 into bedrock. Overview: The structural design requires the tips of all piles to be socketed into bedrock. Bedrock is anticipated around 10-20 feet below mudline. Overburden generally consists of loose sandy/silty material. • Step 1: The contractor will initially vibratory drive all permanent piles to first refusal. First refusal occurs when the contractor is unable to advance the pile tip any further Install with a vibratory hammer. This will likely occur at bedrock elevation. Permanent • Step 2: Contractor will seat (or secure) tip of pile into bedrock with an impact hammer; Dolphin advancing the tip 1 to 2 feet into fractured bedrock. Piles at MD#2 • Step 3: Once pile has been “seated” into bedrock with impact hammer, contractor will socket hammer pile up to 20 feet into bedrock. • Step 4: Finally, on 4 of the 6 piles, a smaller 12-inch diameter down-the-hole hammer will be used to drill a rock anchor hole into bedrock 60-feet past the pile tip. The 12- inch hole for the rock anchor is hammered beneath the pile tip from within the hollow pipe pile.

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Task Description of Activity Remove Temporary • The contractor will use the vibratory hammer to remove the temporary template piles at Template Pile the MD#2 after the permanent piles have been installed. at MD#2 Overview: The structural design requires the tips of all piles to be socketed into bedrock. Bedrock is anticipated around 10 to 20 feet below mudline. Overburden generally consists of loose sandy/silty material. • Step 1: The contractor will initially vibratory drive all permanent piles to first refusal. First refusal occurs when the contractor is unable to advance the pile tip any further Install with a vibratory hammer. This will likely occur at bedrock elevation. Permanent • Step 2: Contractor will seat (or secure) tip of pile into bedrock with an impact hammer; Dolphin Piles at advancing the tip 1 to 2 feet into fractured bedrock. MD#3 and MD#4 • Step 3: Once pile has been “seated” into bedrock with impact hammer, contractor will socket hammer pile up to 20 feet into bedrock. • Step 4: Finally, on all piles, a smaller 12-inch diameter down -the-hole hammer will be used to hammer a rock anchor hole into bedrock up to 60 feet past the pile tip. The 12- inch hole for the rock anchor is hammered beneath the pile tip from within the hollow pipe pile.

• Once all dolphin piles are installed, an off-site prefabricated steel dolphin cap will be set Install Dolphin on top of the piles and welded to the cap. Caps • No in-water work will occur during this process. All welding work will occur above Mean Higher High Water (MHHW).

• The dolphin cap on the existing MD#1 will require minor modifications to accept the new catwalk which will span to the new MD#2. Cap adjustments include, removing an approximate 5-ft section of bullrail and guardrail on the south side of the cap along with some minor welding. Install Catwalk • Once the existing mooring dolphin (MD#1) is modified, one new catwalk, approximately 60 feet in length, will be set to provide access to the new MD#2. • For the above described work, no in-water work will occur during this process. All welding work will occur above MHHW. Demobilize • Contractor will remove all barges, cranes, equipment, personnel, temporary structures, from Site unused materials, etc. from the site upon project completion.

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2 Dates, Duration, and Region of Activity

2.1 Dates and Duration The project is planned to occur over a period up to 200 days between October 1, 2021 and May 1, 2022. In- water work (e.g. pile installation and removal activities) is anticipated for completion by March 13, 2022. For a more detailed schedule of work activities, Table 2 summarizes the anticipated general construction sequence, subject to adjustment by the construction contractor’s means and methods. The daily duration of construction activities will vary based on the daylight hours available. In winter months, shorter 7-hour to 10-hour workdays in available daylight are anticipated and in the early fall and early spring longer workdays of up to 14-hour days are anticipated. While the Contractor may work these hours, not all activity in a workday will generate in-water noise. The daily construction window for pile installation will begin no sooner than 30 minutes after sunrise to allow for pre-activity monitoring (see Section 11 and the Marine Mammal Monitoring Plan in Appendix B for a detailed discussion of monitoring and mitigation measures). Work may not begin without sufficient daylight to conduct pre-activity monitoring, and may extend up to 3 hours into the night as needed to embed the pile far enough to safely leave piles in place until installation can resume. This is because, during the winter, the shortest days are approximately 7 hours of daylight; however, a portion of the daylight hours consists of civil twilight and it can get darker earlier due to the tall mountains surrounding Ketchikan and the frequent cloudy conditions. The contractor requires available daylight to safely set up operations and then the shutdown zones must be cleared, such that pile driving may start a few hours after sunrise. This means that a contractor might not be able to install a pile to a stable embedment during a day while also meeting post-activity monitoring typically required. The contractor cannot leave the equipment overnight due to safety concerns that include large tidal swings. As such, it is necessary to safely embed a pile before leaving it overnight. On any given day, contractor may elect to use each installation method (vibratory, impact, or hammering). Any installation method, or combination of methods, may occur on the same day, but not at the same time. Installation of a single pile involved multiple processes such that a single pile may take several days to completion. Further, only one pile will be installed at any given time during the day, limiting in-water noise generation to a single source. The pile installation equipment for each component is unknown and is dependent on the Contractor selected as part of the public bid process.

2.2 Region of Activity The project site is located within Section 30, Township 75 South, Range 91 East of the Copper River Meridian; USGS Quad Map Ketchikan B-5 SW; Latitude 55° 20' 35 North, Longitude 131° 39' 7.29 West; Parcel numbers 011442008000ATS3 and 011341011103ATS1; in Ketchikan, Alaska. Ketchikan is located on the western coast of Revillagigedo Island, near the southernmost boundary of Alaska. The 2.2 million-acre Misty Fjords National Monument lies 22 air miles east of Ketchikan. Ketchikan is the first Alaska port of call for northbound cruise ships and State ferries. Ketchikan encompasses an area of approximately 3 square miles of land and 1 square mile of water. The site is located on the east side of Tongass Narrows, a marine channel in-between Revillagigedo and Gravina Islands that consists of a long narrow water body approximately 11 miles in length. The U.S. Census Bureau lists the population of Ketchikan as 13,901 in the year 2019. Major sources of local employment include the seafood industry and federal, state and local government. A significant portion of the economy is based on tourism-related business. Ketchikan is landlocked and does not have road access to Canada or the contiguous United States. Access to Ketchikan is solely provided by air and sea-based services. Figure 3 shows the action area on NOAA chart 17429.

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Figure 3. Action Area (Largest Level B Harassment Zone)

2.3 Physical Setting The topography in the Ketchikan area and vicinity of the project consists of steep mountains adjacent to the Tongass Narrows. Altitudes reach over 1,000 feet in close vicinity to the Tongass Narrows. The mountain formations are glacially scoured fjords (PND 2006). The region is noted for its extensive fjords, islands and steep mountains that were carved during the ice ages of the Pleistocene epoch (10,000 to 1 million years ago). Major fjords in the region run southeast to northwest with numerous lesser fjords and valleys cutting obliquely to the northeast. This orientation is the result of the northwest movement of the ocean crust along the periphery of the North American land mass followed by glacial scouring of weakened and broken rock along the fault zones (PND 2006). The local bedrock is commonly slate and schist, which is gray or green in color, typically fine grained, metamorphic rock with very fine bedding planes. Visible bedrock outcrops occur along the shoreline and near the tunnel at Water Street. The exposed bedrock consists of schist with bedding planes dipping roughly 50 to 80 degrees towards the water. The shoreline varies along the project boundaries with some areas containing sand and very soft mud over bedrock. Bedrock, consisting predominately of schist and slate, is visible along a significant portion of the shoreline (PND 2006).

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The tide range in Ketchikan is significant, with highest observed tides of 21.4 feet (6.5 meters) and lowest observed tides of -5.2 feet (-6.5 meters) based on a mean lower low water (MLLW) elevation of 0.0. Water depths in the area of Tongass Narrows that will be ensonified are generally 160 feet or shallower, but get deeper past the southern end of Pennock Island reaching depths up to 625 feet (NOAA 2015). Bathymetric surveys conducted for the site indicate the water depths change significantly close to shore. At the project site where piles will be driven, water depths range between approximately 60 feet (18.3 meters) to 160 feet (48.8 meters) (PND 2006). Tidal currents generally range from 0.3 to 1.6 miles per hour during flood and ebb tides (PND 2006). Prey Species The project area provides habitat for prey fish species including Dover sole (Solea solea), lingcod (Ophiodon elongatus), rockfish species, chum salmon (Onchorhyinchus keta), Chinook salmon (O. tshawytscha), pink salmon (O. gorbushca), coho salmon (O. kisutch), sockeye salmon (O. nerka), Pacific herring (Clupea palasii) and Pacific halibut (Hippoglossus stenolepis) (ADFG 2020; HDR 2019). The nearest NOAA Nearshore Fish Atlas sampling locations within or in proximity to the action area (located at Thorne Arm, Bostwick Inlet and Sylburn Harbor) identified 38 fish species including all five salmonid species, shiner perch (Cymatogaster aggregate), Pacific herring, Pacific cod (Gadus macrocephalus), and sculpin species (NMFS 2020). Both the Tongass Narrows and Revillagigedo Channel are designated as Essential Fish Habitat (EFH) for all five salmon species and Dover sole. Groundfish EFH for 15 species also designated in Tongass Narrows and the vicinity of the proposed project (Solstice 2020). The nearest salmonid spawning waterway is Ketchikan Creek where all five species of salmon are known to occur and pink salmon fall runs occur (AKDFG 2020a; Geoengineers 2018). Table 3 lists the life stage for salmonid EFH and Table 4 lists the anadromous waters in the Action Area.

Table 3. Salmonid Essential Fish Habitat (NMFS EFH Mapper 2020)

Adult Juvenile Spawning Salmon Species Juvenile Immature Mature Marine Marine Freshwater waters Coho Salmon ● ● Chum Salmon ● ● ● Pink Salmon ● ● Chinook Salmon ● ● ● Sockeye Salmon ● ● ●

Within the action area there are nine anadromous fish streams listed in the Alaska Department of Fish and Game (ADF&G 2020b) Anadromous Waters Catalog (AWC) (Figure 4). All five species of salmon, as well as forage fish species, are part of the prey base for Steller sea lions, harbor seals and killer whales; herring is a primary prey species for humpback whales.

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1

6 2 7 3 8 9 4 5 1

Figure 4. Anadromous Waters in the Action Area (ADF&G AWC 2020b)

Table 4. Anadromous Waters in the Action Area

Map ID Stream ID Species Habitat Use 1 101-47-10200 (Hoadley Creek) Pink and Coho Salmon Present (all species) Chum, Coho, Chinook, Pink and 2 101-47-102050 (Ketchikan Creek) Sockeye Salmon; Steelhead and Present (all species) Cutthroat Trout 3 101-47-10300 (Adams Creek) Chum and Pink Salmon Present (all species)

4 101-41-10005 (Unnamed) Pink Salmon Spawning

5 101-41-10010 (Unnamed) Pink Salmon Spawning Present (Chum and 6 101-47-10400 (Government Creek) Chum, Coho and Pink Salmon Coho); Spawning and Rearing (Pink Only) 7 101-47-10380 (Unnamed) Coho Salmon Present

8 101-47-10350 (Long Lake Creek) Coho Salmon Present

9 101-47-10340 (Unnamed) Coho Salmon Present Source: ADFG 2020b.

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Marine Debris and Pollution The project site is located in an area of significant human use that is highly modified from manmade structures, such as impervious shoreline protection. Within and near the action area there is little coastline/habitat that has not been modified or otherwise impacted by human development. The entire marina at the City Float is known to have significant amount of debris that was dumped over time. The debris covering the seafloor in this area includes glass, engines, transmissions, steel cable and chains. It is likely that similar types of debris can be found at the project site and in nearby areas. In Alaska there are a number of contaminant discharges into marine waters, both accidental and intentional. Intentional sources include domestic, municipal, and industrial waste water discharges such as graywater from cruise ships. Near the project site there are a number of historical contaminated sites, primarily associated with underground storage tanks. All of these sites have cleanup listed as complete on the Alaska Department of Environmental Conservation’s (ADEC) Contaminated Sites Database (2020). There are five active contaminated sites within the project vicinity that are in close proximity to the shoreline of either Revillagigedo or Gravina Island. • Approximately 0.45 miles south of the project site there is an active site associated with a leak that was discovered in an above ground storage tank at the Salvation Army building (Hazard ID 26907) adjacent to the Thomas Basin Harbor. It is estimated up to 100 gallons of #1 diesel (heating oil) was discharged into the ground beneath the tank. The tank has been removed and soil was excavated to approximately 4-5 feet below the ground surface before stopping due to water. A sheen was observed on the water within the excavation. While some of the contaminated soils have been removed contamination is believed to remain beneath the building foundation and within the tidally influenced vadose zone. • There is another active contaminated site located approximately 0.65 miles south of the project site and 0.25 miles away from the coastline (Hazard ID 2991). The site has soils contaminated with diesel range organics (DRO’s) from leaky underground storage tanks. The requested release investigation, corrective action, and product recovery requested by ADEC has not been conducted to date. • Approximately 1.25 miles and 1.4 miles south of the project site there are (2) active sites at the U.S. Coast Guard (USCG) base (Hazard ID’s 1184 and 2990 respectively). o The first has soil contamination primarily from petroleum products, in unknown quantities, from overfilling an above ground and an underground tank, as well as leaking transmission lines between the tanks. Gasoline range organics (GRO’s), metals, and PCBs were discovered in the soils, and trace amounts of chlorinated solvents were also identified. In April of 2000, contamination was confirmed in the marine environment. EPA conducted a site evaluation in 1993 and a re-evaluation in 2000 (CERCLIS ID # AK8690360492). Cleanup efforts are ongoing at this time. No sediments will be disturbed in this area. This site is located within the action area. o The second site has DRO contamination associated with a heating oil tank in the basement of the Commanding Officer’s Quarters. Cleanup efforts are ongoing at this time. • There is an active site at the Ketchikan Airport Hazardous Maintenance Building (Hazard ID number 24498) approximately 2 miles north of the project site, on Gravina Island. The site has soils contaminated with diesel range organics associated with leaky underground storage tanks. According

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to ADEC, any drinking or ground water in the area is either insufficient in quality or quantity to be used as drinking water. The ADEC Spills Database records of 1,214 spills since 1995 that have occurred in Tongass Narrows, 56 of which occurred between 2018 and March 2020. Spills generally consisted of hydraulic oil, diesel, aviation fuel, gasoline and engine lube/gear oil. Spills over the last 3 years were generally less than 1 gallon, with just a handful of larger spills. Spills larger than 5 gallons during the last 3 years include: • 125 gallons of diesel (1/18/20) • 130 gallons of aviation fuel (11/6/2018) • 250 gallons of aviation fuel (3/6/2019) • 40 gallons of diesel (7/15/2018) • 160 gallons of aviation fuel (5/15/2018)

2.4 Acoustic Environment Marine mammals are sensitive to both airborne (pinnipeds) and underwater noises (pinnipeds and cetaceans) that may cause injury or mask interspecific/intraspecific communication (Erbe et al 2018). Underwater Noise The ambient underwater soundscape of the action area includes man-made and natural sounds. Typical anthropogenic sounds contributing to underwater noise in the project vicinity consist of noise from coastal construction, seafood processing facilities, aircrafts, upland vehicle traffic and vessels including recreational vessels, passenger ferries, commercial freight vessels/barges, cruise ships, charter vessels and commercial fishing vessels. Natural sounds include marine mammal and fish sounds, plus surface-generated wind and waves. Underwater noise levels in Tongass Narrows range from 120-130 dB and fluctuate depending on the season, with levels at the highest during summer months (HDR 2019). For this application, the NMFS recommendation of 120 dB is used (HDR 2019). The Ketchikan International Airport operates two ferries to transport passengers from the airport on Gravina Island to Revillagigedo Island. These ferries are operated every day of the week, year-round, for up to 16-hours a day and can make up to 60 crossings of Tongass Narrows Daily (NOAA 2019a). The Alaska Marine Highway System (AMHS) also operates ferries year-round in Ketchikan (ADOT 2020). Ferry service is received in Ketchikan 7 days a week during the summer and 5-6 days per week in the winter (ADOT 2020). The Marine Exchange of Alaska showed 1,489 vessels moved north or south from Alaska or British Columbia in 2011, including cargo and cruise ships, and 288 vessels moving east or west from the Dixon Entrance and the Pacific Ocean (NUKA Research & Planning Group 2012). For east-west vessel traffic, cargo ships were the predominant vessel type and for north-south traffic, cruise ships, tugs and ferries were the predominant vessel types. Cruise ships are the largest vessels that routinely use the waterways in the action area with as many as five cruise ships moored or anchored in the Port of Ketchikan (NUKA 2012). There are also a large number of smaller vessels in the project vicinity. COK Ports and Harbors department operates five boat harbors in addition to the Port of Ketchikan. In addition to the harbors, there are three boat launch ramps in Ketchikan that are used for launching and retrieving vessels stored in the uplands. The associated vessel-based activity includes recreation, commercial fishing, whale watching and general transportation. These activities occur regularly, contributing to underwater noise (NUKA 2012).

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Airborne Noise Current sources of airborne noise in the project area include: • Overhead aircrafts from the Ketchikan International Airport including commercial, propeller commuter or private aircraft (year-round), seasonal flightseeing tourism (summer months) and occasional search and rescue helicopters. • Tongass Highway single lane highway traffic. • Commercial and recreational vessel traffic from sources described in Section 2.5.1.

There are no known studies of airborne noise in the project area at the time of this writing. A study conducted for Statter Harbor Phases I & II, in Juneau, Alaska, is the closest known study involving collection of airborne noise (PND 2008, revised 2011) (Table 5). Airborne noises occur from similar sources and are anticipated to be similar or lower in the Ketchikan area. From one station next to the roadway, above Statter Harbor, the “typical” noise reported was about 50 dB, lasting about five seconds. Other sound levels at that site were reported as follows:

Table 5. Statter Harbor Background Noise Levels

No Traffic 46.2 dB Airplane Overhead 56.7 dB Boat Approaching Ramp 8.8 dB Wind Gust 59 dB Dump Truck 61.6 dB

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3 Species and Number of Marine Mammals Known distribution ranges of a number of marine mammal species, subspecies, or distinct population segments (DPSs) encompass the portion of Tongass Narrows in which the proposed project will occur. The species are listed in Table 6, along with their stock or population, their occurrence in the project area, and their estimated abundance. The Alaska Protected Resources Division Species Distribution mapper lists the humpback whale, Steller sea lion, fin whale, harbor seal, Dall’s porpoise, harbor porpoise, killer whale, gray whale, minke whale and pacific white sided dolphin as species with a range that may extend into the action area. While the fin whale is listed as having ranges extending into the action area, there are no known sightings in Tongass Narrows, and recent IHA’s issued by NMFS in the Ketchikan area have not included the fin whale (Dalheim et al 2009, HDR 2019). Therefore, the fin whale is not included in this application. The minke whale, gray whale and Pacific white-sided dolphin are unlikely to occur within the action area and there are no known sightings within the action area; however, there is a possibility one or more of these species could be present on rare occasions thus are included in this application. Descriptions of humpback whale, Steller sea lion, harbor seal, Dall’s porpoise, harbor porpoise, killer whale, gray whale, minke whale and pacific white sided dolphin are provided in Section 4.

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Table 6. Species with ranges extending into the project site

Occurrence Estimated Abundance/ Species MMPA Status ESA Status In/Near Stock1 Project2 10,103 Hawaii DPS Depleted, Delisted in 2016 Common Humpback whale (Central North Pacific Stock) Strategic (Megaptera 2,900 Mexico DPS Depleted, novaeangliae) (California/Oregon/Washingto Threatened Common Strategic n Stock) 43,201 Nonstrategic, Delisted in 2013 Common Steller sea lion (Eastern Stock) Non-Depleted (Eumetopias 53,624 Depleted, jubatus) Endangered Unlikely (US Western Stock) Strategic Harbor seal 27,659 Nonstrategic, Not Listed Common (Phoca vitulina) (Clarence Strait) Non-Depleted Dall’s porpoise 83,400 Protected, (Phocoenoides Not Listed Infrequent (Entire Alaska Stock) Nonstrategic dalli) Harbor porpoise 1,354 Strategic, (Phocoena Not Listed Infrequent (Southeast Alaska Stock) Non-Depleted phocoena) 302 (Northern Residents) Killer whale 2,347 Nonstrategic, Not Listed Intermittent (Orcinus orca) (Alaska Residents) Non-Depleted 243 (West Coast Transients) Gray Whale 26,960 Nonstrategic, (Eschrichtius Not Listed Rare (Eastern North Pacific) Non-Depleted robustus) Minke Whale Unknown Nonstrategic, (Balaenoptera Not Listed Rare (Alaska Stock) Non-Depleted acutorostrata) Pacific White-Sided Dolphin 26,880 Nonstrategic, Not Listed Rare (Lagenorhynchus (North Pacific) Non-Depleted obliquidens) 1Abundance estimates sourced from 2019 draft stock reports (Muto et al. 2019; Caretta et al. 2018 or other sources as described in the following sections. 2Rare: Few or no confirmed sighting or the distribution of the species is near enough to the area that the species could occur there. Infrequent: Confirmed, but irregular sightings. Intermittent: Species known to use the action area periodically but are not residents. Common: Confirmed and regular sightings of the species.

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4 Affected Species Status and Distribution This section describes the status, distribution, behavior, and critical habitat for the affected species/stocks of marine mammals likely to be affected by the proposed project. Species prevalence within the project area is discussed in Section 6.

4.1 Humpback Whale (Megaptera novaeangliae) Status In 1970, the humpback whale was listed as endangered under the Endangered Species Conservation Act (ESCA) (35 FR 18319). NMFS conducted a global status review and reassessed the status of humpback whales under the ESA (Bettridge et al. 2015). Based on that review, 14 DPSs of humpback whales were identified, and listing status revised (81 FR 62260). In the North Pacific, five DPSs that breed in subtropical and tropical waters from Asia to Central America and migrate north to feed in highly productive North Pacific feeding grounds were identified (Bettridge et al. 2015). Whales from three of these DPSs migrate to Alaskan waters: the Mexico DPS (ESA-listed as threatened), the Western North Pacific DPS (ESA-listed as endangered), and the Hawaii DPS (delisted) (81 FR 62260). These DPSs generally represent the California/Oregon/Washington, Western North Pacific, and Central North Pacific stocks, respectively. Population and Distribution The humpback whale is distributed worldwide in all ocean basins. Relatively high densities of humpback whales are found in feeding grounds in Southeast Alaska and northern British Columbia, particularly during summer months. Based on extensive photo identification data, NMFS has determined that individual humpback whales encountered in Southeast Alaska and northern British Columbia have a 93.9 percent probability of being from the recovered (delisted) Hawaii DPS (CV= 0.17) and a 6.1 percent probability of being from the currently threatened (ESA-listed) Mexico DPS (CV= 0.03) (Wade et al. 2016). There is a 0 percent probability that humpback whales in Southeast Alaska are from the endangered Western North Pacific DPS (Wade et al. 2016). Intermixed DPSs are not visually distinguishable; their identity can only be determined by DNA or photo identification. Therefore, we will use Wade et al. (2016) DPS ratio that assumes 93.9 percent of humpbacks in Southeast Alaska are from the Hawaii DPS and 6.1 percent are from the Mexico DPS. Humpbacks migrate to Alaska to feed after months of fasting in low latitude breeding grounds. The timing of migration varies among individuals: most humpbacks begin returning to Alaska in spring and most depart Alaska for southern breeding grounds in fall or winter. Peak numbers of humpbacks in Southeast Alaska occur during late summer to early fall, but because there is significant overlap between departing and returning whales, humpbacks can be found in Alaska feeding grounds in every month of the year (Baker et al. 1985, Straley 1990, Witteveen and Wynne 2009). There is also an apparent increase in the number of humpbacks overwintering in feeding grounds in Alaska, including reports in Ketchikan during some years in the winter (Straley et al. 2017, Liddle 2015, 84 FR 36891). 4.1.2.1 Hawaii Distinct Population Segment Humpback Whale (Hawaii DPS) Humpbacks that breed around the main Hawaiian Islands were observed in summer feeding grounds throughout the North Pacific. Most of the Hawaii DPS migrates to feeding grounds in Southeast Alaska and northern British Columbia (Bettridge et al. 2015). Mark-recapture analysis of identification photographs suggests the Hawaii DPS numbers approximately 10,103 individuals and is increasing (Calambokidis et al. 2008). A multi-strata analysis estimated the abundance of the Hawaii DPS as 11,398 individuals (CV=0.04) (81 FR 62260). As mentioned

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above, Wade et al. (2016) estimated that 93.9 percent of the humpbacks encountered in Southeast Alaska and Northern British Columbia are from the Hawaii DPS. 4.1.2.2 Mexico Distinct Population Segment Humpback Whale (Mexico DPS) Whales in the Mexico DPS typically breed off the Revillagigedo Islands in Mexico and migrate to northern feeding grounds ranging from British Columbia to the western Gulf of Alaska. Given their widespread range and their opportunistic foraging strategies, Mexico DPS humpback whales may be in the vicinity during the proposed project activities. In the final rule changing the status of humpback whales under the ESA (81 FR 62260), the abundance of the Mexico DPS was estimated to be 2,900 individuals (CV= 0.06) with an unknown trend. Note that only a portion of the Mexico DPS migrates to Alaska for feeding; the probability that a whale encountered in Southeast Alaska and northern British Columbia is from the Mexico DPS is, as noted earlier, 6.1 percent (Wade et al. 2016). Status in the Action Area Humpback whales occur frequently in Tongass Narrows and the adjacent Clarence Strait during summer and fall months to feed. Data on the distribution suggests that both the Mexico DPS and Hawaii DPS of humpback whales may be present in the Tongass Narrows area. Because humpback whale individuals of different DPS (natal) origin are generally indistinguishable, the frequency of occurrence is estimated using the DPS ratio (noted above) (Wade et al. 2016). The Alaska Department of Fish and Game reports that humpback whales occur in Clarence Strait year-round, with numbers peaking in May and June and falling off from July to September (ADF&G 2020). Local anecdotal reports indicate that humpback whales are becoming more common and abundant in Tongass Narrows during August and September, which is consistent with research in Southeast Alaska. Dahlheim et al. (2009) found significant difference in the mean group size of humpback whales in Southeast Alaska from year to year and also found that the average group size was largest in the fall (September through October). Numbers of humpback whales peak in the summer and fall and are more uniformly distributed throughout the region. Humpback whales were observed in Clarence Strait every year, although less frequently than other areas of Southeast Alaska (Dahlheim et al. 2009). The average group size during the fall surveys was two whales. During the spring months, humpback whales tend to congregate in areas outside of the Ketchikan area, such as Lynn Canal and Fredrick Sound (Dahlheim et al. 2009). Local reports of humpback whale group size in Tongass Narrows is similar, with the typical size being between 1 and 3 whales. Local residents report humpback whales in Tongass Narrows anywhere from once a month to several times weekly. There have also been several instances where whales have been observed more frequently, including a single whale that was observed by a ferry terminal employee every few days for several months (85 FR 673). The COK Rock Pinnacle project reported one humpback whale sighting of one individual during the project (December 2019 through January 2020) in the Level B Zone. The sighting was 55 minutes post-blast and not recorded as a take (Sitkiewicz 2020). In the Biological Opinion issued for the Alaska Department of Transportation’s ferry terminal project IHA application, NMFS determined that up to two humpback whales may be present twice per week, based on a year-round project and the fluctuating seasonal abundance (NMFS 2019a). Given that the action area for this project encompasses a similar portion of Tongass Narrows, is consistent with local anecdotal and survey observations, and together with the NMFS determination, this estimate of up to two humpback whales twice

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per week is a conservative estimate of humpback whale presence within the action area. Therefore, these estimates of distribution within the action area are used in this application. Life History During the winter months most humpback whales make a long annual migration to the low-latitude subtropical and tropical waters to breed and calve. Humpback whales do not breed or calve in Alaska waters and individuals of the Hawaii DPS (North Central Pacific stock) primarily migrate to Hawaii for breeding and calving (Muto et al. 2019), while Mexico DPS (California/Oregon/Washington stock) whales breed in Mexican waters. While in their Alaskan feeding grounds, humpback whales prey on a variety of euphausiids and small schooling fishes including Pacific herring (Clupea pallasii), longfin smelt (Spirinchus thaleichthys), capelin (Mallotus villosus), Pacific sand lance (Ammodytes hexapterus), juvenile walleye Pollock (Theragra chalcogramma), and salmon (Oncorhynchus spp.) smolts (Nemoto 1957, Kawamura 1980, Krieger and Wing 1986, Witteveen et al. 2008, Straley et al. 2017, Chenoweth et al. 2017). The local distribution of humpbacks in Southeast Alaska appears to be correlated with the density and seasonal availability of prey, particularly herring and euphausiids (Moran et al. 2018). Important feeding areas include Glacier Bay and adjacent portions of Icy Strait, Stephens Passage/Frederick Sound, Seymour Canal, Lynn Canal, and Sitka Sound. During autumn and winter, the non- breeding season, humpbacks remaining in Southeast Alaska target areas where herring and eulachon (Thaleichthys pacificus) are abundant, such as Seymour Canal, Berners Bay, Auke Bay, Lynn Canal, and Stephens Passage (Krieger and Wing 1986, Moran et al. 2018). Acoustic Ecology Humpbacks produce a variety of vocalizations ranging from 20 Hz to 10 kHz to locate prey, coordinate communal feeding efforts, attract mates, and for mother-calf communication (Au et al. 2006, Vu et al. 2012). NMFS categorizes humpback whales in the low-frequency cetacean functional hearing group, with an applied frequency range between 7 Hz and 35 kHz (NMFS 2016). Humpback Whale Critical Habitat Critical habitat was proposed on October 9, 2019 by NMFS (84 FR 54354). A final determination was not issued at the time of this writing. Proposed Critical Habitat Unit 10 Southeast Alaska encompasses the action area; however, the Department of Defense petitioned for an exclusion of a portion of the Unit 10 due to national security reasons. As a result, the boundary of Unit 10 was redefined to exclude Tongass Narrows and vicinity from the proposed critical habitat, including the proposed action area. Therefore, for the purpose of the application, critical habitat for humpback whales is not considered further.

4.2 Steller Sea Lion (Eumetopias jubatus) Status The Steller sea lion was listed as a threatened species under the ESA in 1990 following declines of 63% on certain rookeries since 1985 and declines of 82% since 1960 (55 FR 12645). In 1997, two DPSs of Steller sea lion were identified based on differences in genetics, distribution, phenotypic traits, and population trends (Fritz et al. 2013, 62 FR 24345). These DPSs are the Eastern U.S. DPS (which includes animals east of Cape Suckling, Alaska (144°W)) and the Western US DPS (including animals at and west of Cape Suckling and within the project area in Dutch Harbor). The Eastern U.S. DPS was recently delisted under the ESA; the Western US DPS remains listed as endangered (62 CFR 30772; Allen and Angliss 2010).

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In 2014, the worldwide population estimate was 142,360-157,498 Stellar sea lions (Allen and Angliss 2014). The Eastern DPS (eDPS) was removed from ESA listing in 2013 (78 FR 66140). The eDPS of Steller Sea Lions is protected under the MMPA but is not a strategic or depleted species. The Western DPS (wDPS) is listed as endangered under the ESA and is a depleted, strategic stock under the MMPA. The population of the Western U.S. DPS declined about 75 percent between 1976 and 1990. The overall trend for the wDPS in Alaska is an annual increase of 2.05% for non-pups and 1.52% for pups between 2002 and 2018. It should be noted there were strong regional differences in the population trend. Factors that contributed to the decline of the stock include incidental take in fisheries, illegal and legal shooting, predation or certain diseases, climate change, and contaminants (Muto et al. 2019). Distribution Steller sea lions range throughout the North Pacific Ocean from Japan, east to Alaska, and south to central California (Muto et al. 2019). In 2014, the worldwide population estimate was 142,360-157,498 Stellar sea lions (Allen and Angliss 2014). Most sea lions occupying either rookeries or haulouts, depending on the season. Male sea lions are more likely to disperse beyond their typical habitat, but this primarily occurs after the breeding season (NMFS 2020). Rookeries are used by adult sea lions for pupping, nursing, and mating during the reproductive season (generally from late May to early July). Haulouts are used by all age classes of both genders but are generally not where sea lions reproduce. At sea, they are seen alone or in small groups, but may gather in large "rafts" at the surface near rookeries and haulouts or foraging sites. Members of this species are not known to migrate, but individuals disperse widely outside of the breeding season (late May to early July). At sea, Steller sea lions commonly occur near the 656-foot (200-meter) depth contour but have been found from nearshore to well beyond the continental shelf (Kajimura and Loughlin, 1988). Sea lions move on- and offshore to pelagic waters for feeding excursions. They are also capable of traveling long distances in a season. Sea lions may make semi-permanent or permanent one-way movements from one site to another (Chumbley et al. 1997, Burkanov and Loughlin 2005). 4.2.2.1 Eastern DPS The eDPS stock generally occurs east of Cape Suckling (144° W longitude) and is commonly found in the project area waters. They were most recently surveyed in Southeast Alaska in June and July of 2015. The current population estimate is 41,638 individuals. In Southeast Alaska, the estimated total abundance is 28,594 individuals (20,756 non-pups and 7,838 pups). The eDPS has been increasing between 1990 to 2015 with an estimated annual increase of 4.76% for pups and 2.84% for non-pups (Muto et al. 2019). 4.2.2.2 Western DPS The wDPS generally occurs west of Cape Suckling with the centers of abundance and distribution located in the Gulf of Alaska and Aleutian Islands. While there is some mixing of the wDPS east of the 144° line, Hastings et al. 2020 considered the Ketchikan area to be outside of the mixing zone; there are no known occurrences of wDPS animals in Tongass Narrows. As such, the wDPS is not considered further in this application. Status in the Action Area The project location is not located near any designated critical habitat (major rookery or haulout as shown in Figure 5. However, there are other minor haulouts located at Grindall Island, Point Islet and West Rock. Grindall Island is the closest to the project site, located approximately 21 miles (34 km) northwest of the project site. Two winter surveys have been conducted at Grindall Island in 1993 and 1994. In March of 1993, there were 293 animals recorded at the haulout and in December of 1994 there were 211 animals recorded (85 FR 673). During these surveys, no Steller sea lion pups were observed.

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While there are no haulouts in close proximity to the project site, Steller sea lions are known to occur intermittently in the action area and are known to transit through Tongass Narrows while foraging (especially during Chinook salmon runs). Steller sea lions in this area congregate near seafood processing facilities and hatcheries in the area, several of which are located in proximity to the project site. Trident Seafoods Corporation operates two processing plants approximately 0.65 miles (1 km) from the site, one to the north and one to the south of the project site. Additionally, the Deer Mountain Hatchery is located just east of the project site and the Whitman Lake Hatchery is located east of the project site just outside of the action area. Both hatcheries are operated by the Alaska Department of Fish and Game (HDR 2019). The Alaska Department of Transportation’s Tongass Narrows Project (HDR 2019), citing Freitag 2017 in 83 FR 22009, reported average Steller sea lion occurrence in Tongass Narrows as traveling as individuals or in groups of 6-10 from one to two times per week. Steller sea lions are found in Tongass Narrows year-round, and more abundant during the winter months. The COK conducted pinnacle rock blasting in December 2019 and January 2020 near vicinity of the proposed project and recorded 11 Steller sea lion sightings of an estimated 12 individuals during 76.2 hours of observations within the 150-meter observation zone (Sitkiewicz 2020). Life History The breeding range extends along the northern edge of the Pacific Ocean from the Kuril Islands, Japan, through the Aleutian Islands and Southeast Alaska, south to California (Loughlin et al. 1984). Steller sea lions are opportunistic predators, feeding primarily on a wide variety of fishes (e.g., capelin, cod, herring, mackerel, Pollock, rockfish, salmon, sand lance, etc.), bivalves, cephalopods (e.g., squid and octopus) and gastropods (Pitcher 1981; Merrick et al. 1979). Steller sea lion diet may vary seasonally depending on the abundance and distribution of prey. Womble et al. (2009) found that “a reasonable annual foraging strategy for Steller sea lions is to forage on herring (Clupea pallasii) aggregations in winter, spawning aggregations of forage fish in spring, salmon (Oncorhynchus spp.) in summer and autumn, and Pollock (Theragra chalcogramma) and Pacific hake (Merluccius productus) throughout the year.” They may disperse and range great distances to find aggregated prey but are not known to migrate. Steller sea lions can dive to approximately 1,300 feet (400 meters) to exploit deep prey resources (Rehberg and Zimmerman 2008). Acoustic Ecology Steller sea lion’s hearing sensitivity is similar to that of other otariids. Steller sea lion aerial hearing ability ranges from approximately 0.25-30 kHz; however, hearing of one individual was found to be most sensitive to noise from 5-14.1 kHz (Muslow and Reichmuth 2010). Underwater, Steller sea lion best hearing range has been measured at 1-16 kHz in a male individual and maximum hearing sensitivity in a female individual at 25 kHz, showing a marked sexual dimorphism (though hearing characteristics may also vary based on age or size of the individual). Steller sea lions use both aerial and underwater vocalizations during breeding, territorial disputes, and rearing of pups (Kastelein et al. 2005). NMFS categorizes Steller sea lions in the otariid pinniped functional hearing group, with an applied frequency range between 60 Hz and 39 kHz (NMFS 2016).

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Steller Sea Lion Critical Habitat NMFS designated critical habitat for Stellar sea lions on August 27, 1993 (58 FR 45269). The project is not located within designated critical habitat and is located over 175 km by air from the closest major haulout or rookery (Forrester Island).

Figure 5. Steller Sea Lion Critical Habitat Sites in Southeast Alaska

4.3 Harbor Seal (Phoca vitulina) Status The harbor seal is protected under the MMPA but is not listed as a strategic or depleted species (Muto et al. 2019). The Harbor seal is not listed as threatened or endangered under the ESA. The total statewide abundance estimate is 205,090 seals based on surveys taken between 1998 and 2011 (Muto et al. 2019). In the northeast Pacific, twelve stocks of harbor seals have been identified by NMFS, ranging from Baja California to the Aleutians and north to Cape Newman and the Pribilof Islands (Allen and Angliss 2014). Within Alaska, there are a total of 12 stocks of harbor seals ranging along the coastal waters from the eastern coast of the Aleutian Islands to Cape Muzon in Southeast Alaska (Muto et al. 2019).

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Only the Clarence Strait stock is found in the project area waters and the only stock considered in this application. The current population estimate for Clarence Strait stock is 27,659 individuals, and the eight-year trend estimate is +138. The probability of decrease of this stock is 0.413 (Muto et al. 2019). Distribution Harbor seals are found in coastal and estuarine waters ranging from Baja California to the eastern Aleutian Islands of Alaska. Harbor seals often inhabit nearshore coastal waters and are considered non-migratory, typically staying within 15 to 31 miles of their home. Harbor seals have been found up to 62 miles (100 km) from the shore (Klinkhart et al. 2008). Up to 44% of their time is spent hauled out, with hauling out occurring more often during the summer (Pitcher and Calkins 1979; Klinkhart et al. 2008). Harbor seals typically haul out in groups of 30 or less but have been known, rarely, to haul out in numbers of several hundred. Harbor seals use a variety of terrestrial sites to haul out for resting (year-round), pupping (May-July), and molting (August-September) including tidal and intertidal reefs, beaches, sand bars, and glacial/sea ice (Sease 1992; Klinkhart et al. 2008). Status in the Action Area There are no known harbor seal haulouts within Tongass Narrows, or within the ensonified area (HDR 2019). Although NOAA 2018 abundance estimates for the unit in which the action area is located states 0 harbor seals, local anecdotal observations and numerous surveys report harbor seals in the area daily (HDR 2019) (Figure 6). The COK conducted pinnacle rock blasting in December 2019 and January 2020 near the vicinity of the proposed project and recorded a total of 21 harbor seal sightings of 24 individuals over 76.2 hours of pre- and post-blast monitoring (Sitkiewicz 2020). Harbor seals were observed in groups ranging from 1-3 animals throughout the 0.70-mile (1.12-kilometer) observation zone. Groups of 1-3 harbor seals in the area also have been reported by local residents (85 FR 673). NMFS estimates a maximum group size of 3 individuals (83 FR 2009).

Figure 6. Harbor Seal Haulouts in Project Vicinity (NOAA 2020)

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Life History In Alaska, harbor seals typically give birth to single pups between May and mid-July (Klinkhart et al. 2008). Pupping and weaning coincide with the summer haulout and the weaning process is completed by July (Sease 1992). The birthing location of harbor seal pups occurs at many different haulout sites and is not restricted to a few major rookeries (Klinkhart et al. 2008). Harbor seals commonly dive to depths that are less than 20 meters but are capable of reaching depths of up to 1640 feet (500 meters). Harbor seals can remain submerged for over 20 minutes, although most dives are less than 4 minutes long (Klinkhart et al. 2008) with approximately 90% of dives being less than seven minutes (Gjertz et al. 2001; Eguchi and Harvey 2005). The maximum recorded dive time is 32 minutes (Eguchi and Harvey 2005) Harbor seals commonly eat walleye pollock (Theragra chalcogramma), octopus (Octopus spp.), capelin (Mallotus villosus), Pacific herring, and Pacific cod. Pups usually eat small fishes (Pitcher and Calkins 1979). Acoustic Ecology The hearing range of harbor seals extends above 60 kHz (Jacobs and Terhune 2002) although their hearing is most acute below 60 kHz (Kastelein et al. 2009). Harbor seals are more sensitive to lower frequency sounds with the highest sensitivity occurring at 32 kHz in water and 12 kHz in air (Terhune and Turnball 1995, Kastak and Schusterman 1998, Wolski et al. 2003). Harbor seals are considered part of the phocid pinniped hearing group (NMFS 2016).

4.4 Dall’s Porpoise (Phocoenoides dalli) Status The Dall’s porpoise is not designated as a depleted or strategic species under the MMPA, nor are they listed as threatened or endangered under the ESA. Only one stock of Dall’s porpoise is currently recognized in Alaskan waters, the Alaska stock, with an estimated abundance of 83,400, although this estimate is outdated (Muto et al. 2019). While the Dall’s porpoise is generally considered abundant, there is insufficient data on population trends to determine whether the population is stable, increasing or decreasing (NMFS 2020b). Distribution Dall’s porpoises are widely distributed in the North Pacific Ocean, usually in deep oceanic waters (>600 ft/183 m), over the continental shelf or along slopes (NMFS 2020c, Muto et al. 2019). They can be found along the west coast of the United States ranging from California to the Bering Sea in Alaska (NMFS 2020c). Dall’s porpoise is typically in waters in excess of 600 feet (183 meters) deep, favoring pelagic and inland waters. Most of the waters in the action area are shallower with the exception of just south of Pennock Island where a small area has depths just over 600 feet (185 meters) and other small areas where depths reach up to 550 feet (170 meters). Dall’s porpoise may also be found in habitats not typically utilized by this species including bays, shallow water, and nearshore areas Moran et al. (2018b). This species also has a tendency to bow-ride with vessels and both commercial and recreational vessels are prevalent in the action area. Status in the Action Area Dall’s porpoises have exhibited strong seasonal patterns with the highest abundance in the spring (April/May), decreasing in the summer (June/July/August) and reaching the lowest in fall (September/October) (Jefferson et

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al. 2019). While Dall’s porpoises are more likely to be present in the action area during the spring, there are reports of sightings in Tongass Narrows during the fall and winter months (84 FR 36891). During the Dahlhiem et al. (2009) surveys, Dall’s porpoises were encountered consistently in Clarence Strait during the spring, summer and fall months, including concentrations of animals in Clarence Strait. Group sizes were generally small, under 5 individuals, with a mean group size of 2.6. However, group size in the Clarence Strait/Tongass Narrows area is reported between 10 and 15 animals (Freitag 2017 as cited in 83 FR 22009, Solstice 2018 as cited in 84 FR 36891). During the COK’s monitoring for the Rock Pinnacle Removal project in January of 2019, no Dall’s porpoises were observed in the maximum of the Level B harassment zone 3.1 miles (5 km) for blasting activities. This zone was smaller than that of the proposed project (Sitkiewicz 2020). The COK’s Berth IV Expansion Project (Solstice (2020) cited Freitag (2017) estimates for the project area, a 10-15 animals (with a maximum of 20) observed 0-1 times per month. The action area was similar to that of the proposed project so it is reasonable to utilize the same estimates for this project. As a conservative measure, we use the maximum of 20 Dall’s porpoises observed one time per month for this application. Life History Dall’s porpoises can be found in Alaskan waters year-round (Muto et al. 2019) and typically give birth between June and September to single calves (NMFS 2020b). Dall’s porpoises feed on small schooling fish, mid- and deep-water fish, cephalopods, and crustaceans. Their prey includes anchovies, herring, hake, mytophids, smelts, squid, octopus, crabs, and shrimp (NMFS 2020b). Acoustic Ecology Dall’s porpoises communicate through generation of clicks at the 165 to 175 kHz range and have a general hearing range between 275 Hz and 160 kHz (NMFS 2016, as revised 2018). They are part of the high-frequency cetacean hearing group.

4.5 Harbor Porpoise (Phocoena phocoena) Status The Southeast Alaska stock of harbor porpoise is not designated as depleted under the MMPA nor listed as threatened or endangered under the ESA. It is considered Strategic due to human-induced mortality (Muto et al. 2019). Distribution In the eastern North Pacific Ocean, the harbor porpoise ranges from Point Barrow, along the Alaska coast, and down the west coast of North America to Point Conception, California. NMFS currently acknowledges three stocks of harbor porpoise within this range (Muto et al. 2019), with the one encompassing the action area, the Southeast Alaska stock, ranging from Dixon Entrance to Cape Suckling. This stock is estimated to include 1,354 individuals based on 2010-2012 surveys; however, it is important to note that this minimum population estimate is negatively biased (Muto et al. 2019). When corrected for user bias, estimated corrected abundance increased to 11,146 harbor porpoises in the coastal and inside waters of Southeast Alaska (Hobbs and Waite 2010 as cited in Muto et al 2019). The current population trend is unknown. Data analyzed from Dahlheim et al. surveys between 1991 and 2010 suggested a decline of 2-4%; however, when data from 2011 and 2012 were included in the analysis, the decline was not significant (Muto et al. 2019).

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The harbor porpoise frequents nearshore waters and coastal embayments throughout their range, including bays, harbors, estuaries, and fjords less than 650 feet (198 m) deep (NMFS 2020c). Dahlheim et al. (2015) reported that the highest densities of harbor porpoise were consistently found in two areas: 1) near Glacier Bay and Icy Strait and 2) Around Zamobo Island/Wrangell. It was estimated that the abundance of harbor porpoises in these areas comprised 75-88% of harbor porpoise abundance throughout the study area1 in the inland waters of Southeast Alaska. Status in the Action Area In the Clarence Strait to Ketchikan area the average expected group size of harbor porpoise during the summer ranged from 0 to 1.61 animals and the density ranged from 0 to 0.02 porpoises per kilometer, depending on the survey period (Dahlheim et al. 2009). The Dahlheim et al. (2009) surveys that occurred in the spring, summer and fall months found no evidence of seasonal changes in harbor porpoise. There are few reports of harbor porpoises within Tongass Narrows and harbor porpoises typically avoid areas with high levels of vessel activity and noise, such as most of the action area. Freitag (2017, as cited in 83 FR 22009) reports than harbor porpoises occur more commonly on the outside of Gravina Island and occasionally transit through Tongass Narrows year-round. During monitoring for the Ketchikan Berth IV expansion project, harbor porpoises were observed zero to once per month (Freitag et al. 2017 as cited in 83 FR 22009). The recent Ketchikan Rock Pinnacle Removal project’s largest Level B harassment zones encompassed essentially the same area ensonified by this project and estimated that one group of five harbor porpoises may be exposed once every week of the project. The marine mammal monitoring associated with this project did not observe any harbor porpoise during surveys conducted in December 2019 and January 2020 (Sitkiewicz 2020). Life History Harbor porpoises are believed to typically mate during summer months and give birth between May and July. Very little is known about harbor porpoise reproduction and breeding (NMFS 2020c). Harbor porpoises forage primarily on Pacific herring, other small schooling fishes, and cephalopods (NMFS 2020c). In Southeast Alaska, large numbers of harbor porpoise may form temporary feeding aggregations in areas of localized prey concentration, such as Icy Strait and Sumner Strait (Muto et al. 2019). Acoustic Ecology Based on their hearing capacity, Harbor porpoise are considered to be in the high frequency functional hearing group, with assumed sensitivity matching sounds they generate (NMFS 2016, as revised 2018). The best estimate for harbor porpoise hearing ranges from 16 to 140 kHz with maximum sensitivity occurring between 100 and 140 kHz. The peak frequency produced by harbor porpoises for echolocation is 120 to 130 kHz, which corresponds with the maximum sensitivity range.

1 The study area included all major waterways from the Glacier Bay area to lower Clarence Strait. These included Icy Strait, Lynn Canal, Chatham Strait, Stephens Passage, Fredrick Sound and Sumner Straight, all of which were surveyed each year between 1991 and 2007. Many smaller bays, inlets and passages adjacent to the previously listed major waterways were surveyed when time permitted but not every year.

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4.6 Killer Whale (Orcinus orca) Status NMFS considers three stocks of killer whales to occur in southeast Alaskan waters, which may occur separately or concurrently within the project area. These stocks are the Eastern North Pacific/Alaska Resident stock (2,347 individuals), Eastern North Pacific/Northern Resident stock (302 individuals), the West Coast Transient stock (243 individuals) (Muto et al. 2019). These stocks represent two of the three ecotypes of killer whales occurring within the North Pacific Ocean, resident (forages on fish) and transient (forages primarily on marine mammals). However, NMFS is evaluating new genetic information that may result in a revision of the stock structure (Muto et al. 2019). The killer whale is protected under the MMPA, but none of these stocks are listed as a strategic or depleted species under the MMPA nor listed as threatened or endangered under the ESA. The population trend for the Northern Resident stock has shown an average annual increase of 2.2% over a 40- year time period ending in 2014, however growth rates have slowed from 5.1% in 2014 to -0.3% in 2018 (Muto et al. 2019). Distribution Killer whales are found in every ocean of the world (NMFS 2020d) and are the most widely distributed marine mammal (Allen and Angliss 2014). Killer whales occur commonly within the waters of the project area and are observed within the project area several times annually. Occurrences could include members of one or more of the following designated stocks occurring in the project area: Eastern North Pacific/Alaska Resident, Eastern North Pacific/Northern Resident, and West Coast Transient. The Dahlheim et al. surveys observed resident and transient killer whales in all major waterways during all seasons surveyed (spring, summer, and fall) and resident pods were frequently encountered in Clarence Strait. The mean group size observed in these surveys ranged from 16 to 70 whales, with the typical group size between 20 and 40 whales. Group size was not found to differ significantly by year or season. Status in the Action Area Killer whales have been observed in Tongass Narrows year-round and are most common during the summer Chinook salmon run (May-July). During the Chinook salmon run, Ketchikan residents have reported pods of 20-30 whales and during the 2016/2017 winter a pod of 5 whales was observed in Tongass Narrows (84 FR 36891). NMFS estimated killer whale presence within Tongass Narrows at one pod per month (HDR 2019). While killer whales can be common, they are not known to linger in Tongass Narrows or other similar environments. During the COK’s monitoring for the Rock Pinnacle Removal project in December 2019 and January 2020, no killer whales were observed. Comparatively, the daily work durations were shorter than anticipated for this project. Life History Killer whales do not have a distinct breeding season and their birthing rate is not well understood. It is estimated that killer whales will give birth once every five years (NMFS 2020c). Killer whales have no natural predators and are the top carnivores currently living on the planet (Pitman 2011). The species has the most varied diet of all cetaceans. The transient populations typically hunt marine mammals and resident populations feed on fish, particularly salmon and Atka mackerel (Barrett-Lennard et al. 2011, Parsons et al. 2013). Residents often travel in much larger and closer groups than transients and have been observed sharing fish they catch. Transient killer whales feed on other marine mammals including Steller sea lions, harbor seals, and various species of cetaceans. They are also more likely to rely on stealth, making less frequent and less conspicuous calls and skirting “along shorelines and around headlands” in order to hunt their

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prey in highly coordinated attacks (Barrett-Lennard et al. 2011). Taken as a whole, the species has the most varied diet of all cetaceans (whales and dolphins), but different populations are usually specialized in their foraging behavior and diet. They often use a coordinated hunting strategy, working as a team like a pack of wolves. Killer whales can adapt to almost any condition, and occur in both open seas and coastal waters. Acoustic Ecology Killer whales rely on underwater sound for a variety of reasons including navigation, feeding, and communication. Killer whales use echolocation to assist with food gathering. Transient killer whales echolocate rarely but most likely during hunting. Resident whales use it to locate salmon (Au et al. 2004). Killer whale social signals resemble the sound of mid-range tactical sonar (Southall et al. 2007), with signals commonly occurring as pulsed calls, whistles, and clicks (Szymanski et al. 1999). Increases in noise levels near killer whale habitat, like that associated with increasing vessel traffic, have been found to result in an increase in the duration of killer whale calls (Foote et al. 2004 as cited in Southall et al. 2007). Killer whales are part of the mid-frequency cetacean functional hearing group, with their estimated auditory bandwidth between 150 Hz and 160 kHz (Southall et al. 2007).

4.7 Gray Whale (Eschrichtius robustus) Status The gray whale is protected under the MMPA but is not listed as a strategic or depleted species under the MMPA (Carretta et al. 2019). The gray whale is not listed as threatened or endangered under the ESA. There are two stock of gray whales, Eastern North Pacific (ENP) and the Western North Pacific. The ENP stock is the only stock that occurs within the action area. The ENP stock gray whale was listed as endangered under the ESA in 1970 (35 FR 18319) and delisted in 1994 due to a successful recovery (59 FR 31094). The ENP stock grey whale is protected under the MMPA but is not listed as a strategic or depleted species (NMFS 2020f). The minimum population estimate for this stock is 25,849, an increase of 21% since 1988 (Carretta et al 2019, NPFMC 2009). Distribution Gray whales are distributed throughout the North Pacific Ocean and are found primarily in shallow coastal waters (NMFS 2020f; Carretta et al 2019). Gray whales in the ENP stock range from the southern Gulf of California, Mexico to the arctic waters of the Bering and Chukchi Seas. Gray whales are generally solitary creatures and travel together alone or in small groups (NMFS 2020f). The gray whale was once abundant throughout the northern hemisphere but was nearly extinct in the Atlantic Ocean by the early 1700’s. Today gray whales are only commonly found in the North Pacific with single sightings reported in the Mediterranean Sea and off Namibia. Most whales in the eastern population spend the summer and fall months feeding in the Chukchi, Beaufort, and northwestern Bering Seas (Carretta et al 2019). A small number of whales spend summer and fall feeding along the Pacific coastline from Kodiak Island, Alaska to northern California. Status in the Action Area Gray whales are rare in the action area and unlikely to occur in Tongass Narrows. Due to the large Level B Harassment zone and the overlap with the species’ range, presence within the action area cannot be discounted. Therefore, it is possible for gray whales to be present in the Level B Harassment zone during construction. Gray whales were not observed during the Dahlheim et al. (2009) surveys of Alaska’s inland waters with surveys conducted in the spring, summer and fall months. The presence of gray whales in the area is highly seasonal and

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occasional late fall/early winter sightings are recorded. Gray whales are generally observed in groups of two whales (84 FR 36891). No gray whales were reported during the COK Rock Pinnacle Blasting Project (Sitkiewicz 2020). Life History Breeding occurs outside of Alaska in the wintering grounds of Baja California. Gray whales reach breeding age between 6 and 12 years. Every two to three years females give birth to a single calf after a gestation period of 12 to 13 months (NMFS 2020f; Marine Mammal Center 2020). Gray whales are primarily bottom feeders preying on benthic and epibenthic invertebrates such as amphipods. They feed by swimming slowly along the sea floor on their sides, sucking up sediment containing food from the sea floor (NMFS 2020f). Acoustic Ecology Gray whales are baleen whales and fall under the Low-frequency Cetacean hearing group (NMFS 2018b).

4.8 Minke Whale (Balaenoptera acutorostrata) Status The minke whale is protected under the MMPA but is not listed as a strategic or depleted species. Minke whales are also not listed as threatened or endangered under the ESA. No abundance estimates are available for minke whales (Muto et al. 2019). The minke whale’s population status is considered stable and they are the most abundant rorqual, or “great whale”, in the world (NMFS 2020e). They are the most abundant rorqual in the world, and their population status is considered stable throughout almost their entire range (especially when compared to other species of large whales). Distribution Minke whales are widely distributed throughout the northern hemisphere and are found in both the Pacific and Atlantic oceans. Minke whales in Alaska are considered migratory. During summer months are typically found in the Arctic and during winter months found near the equator (NMFS 2020e). Status in the Action Area There are no known occurrences of minke whales within the action area. Since their ranges extend into the project area and have been observed in southeast Alaska, including in Clarence Strait (Dahlheim et al. 2009), it is possible the species could occur near the project area. During surveys, all but one encounter was with a single whale and, although infrequent, minke whales were observed during all seasons surveyed (spring, summer and fall). For the Ketchikan Berth IV, NMFS estimated that one group of three whales may be present in the Tongass Narrows area once every four months (83 FR 22009). No Minke whales where reported during the COK Rock Pinnacle Blasting Project (Sitkiewicz 2020). Life History Minke whales are believed to calve in the winter months (NMFS 2020e). Little is known about their breeding areas. Minke whales feed by side-lunging through schools of prey. They are opportunistic predators feeding on a variety of crustaceans, plankton, and small school fish (NMFS 2020e).

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Acoustic Ecology Minke whales have a generalized hearing range of 7 Hz to 35 kHz and fall under the Low-frequency Cetacean hearing group (NMFS 2020e).

4.9 Pacific White-Sided Dolphin (Lagenorhynchus obliquidens) Status The Pacific white-sided is protected under the MMPA but is not listed as a strategic or depleted species under the MMPA (Carretta et al. 2019). The most recent minimum population estimate is 26,880 dolphins. This abundance estimate is greater than 8 years old and the minimum population size is considered unknown. No reliable information is available on the population trend of the Pacific white-sided dolphin (Muto et al. 2019). Distribution There are three stocks of the Pacific white-sided dolphin in U.S. waters. Only the North Pacific stock is found within the action area. The Pacific white-sided dolphin is distributed throughout the temperate north Pacific Ocean, north of Baja California to Alaska’s southern coastline and Aleutian Islands. The North Pacific Stock ranges from Canada into Alaska (Muto et al. 2019). Pacific white-sided dolphins are pelagic and live both in the open ocean and nearshore waters; however, they are unlikely to be found close to shore (NMFS 2020g). Pacific white-sided dolphins are generally distributed in deep offshore waters, and occur seasonally in some inland waters of Alaska. They also have been observed in Clarence Strait (Jefferson et al. 2015, Dahlheim et al. 2009, 84 FR 36891). Dahlheim et al. (2009) encountered Pacific white-sided dolphin on numerous occasions within Clarence Strait. The average group size varied widely and encounters were infrequent enough to determine the average group size. The majority of the Pacific white-sided dolphins encountered during Dahlheim et al. (2009) surveys were in the southern portion of Southeast Alaska, including in the Clarence Strait area. Numbers were highest in the spring and lowest in the fall. However, no observations (surveys) were conducted during winter months (Dahlheim et al. 2009). Status in the Action Area There were no sightings of Pacific white-sided dolphins during the COK Rock Pinnacle Blasting Project during monitoring surveys conducted in December 2019 and January 2020 (Sitkiewicz 2020). In the project area, it is estimated that an average group size is approximately 20 dolphins (84 FR 36891). Life History The breeding season for the Pacific white-sided dolphin generally occurs from late spring to fall. Females reach breeding age between 8 and 11 years of age and usually give birth every three years after a 9 to 12-month gestation period. Calves stay with their mothers and are nursed for up to 18 months (NMFS 2020g). Pacific white-sided dolphins feed primarily in epipelagic and mesopelagic waters on a variety of squid and small schooling fish including herring, capelin, and sardines (Jefferson et al. 2015, NMFS 2020g). It is common for the dolphins to work together to herd schools of fish and often diving for more than six minutes at a time to feed (NMFS 2020g). Acoustic Ecology The Pacific white sided dolphin falls under the Mid-frequency Cetacean hearing group, which includes all dolphins (NMFS 2016). Low-frequency noise can interrupt their normal behavior by potentially hindering their

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ability to use sound, which the species relies on to communicate, mate, forage, avoid predators, and navigate (NMFS 2020g).

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5 Type of Incidental Take Authorization Requested Under Section 101(a)(5)(D) of the MMPA, the COK requests issuance of an IHA for takes by Level A harassment (non-serious injury or permanent [hearing] threshold shift) and Level B harassment (behavioral disturbance or temporary [hearing] threshold shift) (NMFS 2018b) during pile driving activities associated with the construction of the proposed project. The COK requests an IHA with an effective date of October 1, 2021 through September 30, 2022. If work is not completed at the end of that period, the COK will request an IHA renewal.

5.1 Compliance with Small Numbers and Negligible Impact Requirements Section 101(a)(5)(d) of the MMPA allows, upon request, the incidental, but not intentional taking of small numbers of marine mammals if certain findings are made (16 U.S.C. 1361 et seq.). An authorization shall be granted if NMFS finds that the specified activity results in the taking of small numbers and would have a negligible impact on the species or stock(s), and would have an immitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and if the permissible methods of taking, mitigation, monitoring and reporting of such takings are set forth. An analysis of requested takes and how takes meet these requirements is presented in Section 6.

5.2 Method of Incidental Taking Project construction activities will temporarily increase the underwater and airborne noise within the project area. This increase in noise has the potential to result in the behavioral disturbance, hearing threshold shifts, or non-serious injury of marine mammals in the vicinity of the project. The Berth III New Mooring Dolphins project includes vibratory and impact pile driving and hammering in an area where marine mammals are commonly observed.

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6 Take Estimates for Marine Mammals This section presents the required analysis of the number and species of the marine mammals that may be incidentally harassed by the proposed project. Those activities that may result in takes of marine mammal are related to vibratory and impact pile driving and associated hammering activities described in Section 1. Pile driving activities will result in temporary underwater and airborne noise increases. Other activities associated with the project are not expected to impact marine mammals. The noise levels and potential impact isopleths that are expected to result from the construction of this project are described in detail in the sections below. Mitigation measures (including operational shutdown and monitoring zones) will be incorporated into the project to minimize the potential for unauthorized injury or harassment. Protocols for mitigation methods and observations are discussed in Section 11 and in Appendix B. Takes of non-permitted species will be prevented by the mitigation measures described in Section 11. This analysis presents the best available sound threshold data related to pile size and driving method, DTH hammering activity and location of the project. Non-impulsive noise includes vibratory pile driving. Impulsive noise is characteristic of impact pile driving and down-the-hole hammering.

6.1 Regulatory Thresholds for Marine Mammal Take Unless otherwise noted, the following notations are used to express sound thresholds:

• Peak Sound Pressure Level (SPLPK): The maximum absolute value of the instantaneous sound

pressure that occurs during a specified time interval, measured in dB re: 1 μPa (e.g., 198 dBPEAK, Caltrans 2015).

• Average Root Mean Square Sound Pressure Level (SPLRMS): A decibel measure of the square root of mean square pressure. For pulses, the average of the squared pressures over the time that comprises that portion of the wave form containing 90 percent of the sound energy of the impulse in dB re: 1

μPa (for underwater) and in air dB re: 20 μPa is used (e.g., 185 dBRMS, (Caltrans 2015)). • Sound Exposure Level (SEL): The integral over time of the squared pressure of a transient waveform, 2 in dB re: 1 μPa –sec. (e.g., 173 dBSEL). This approximates sound energy in the pulse. (Caltrans 2015)

• Cumulative Sound Exposure Level (SELCUM): Cumulative exposure over the duration of the activity within a 24-hr period (NMFS 2018b). Updated Cumulative Sound Threshold Guidance

Determination of the cumulative underwater sound exposure levels (SELCUM) required to cause Level A PTS in marine mammals within the project area is based on the technical guidelines published by NMFS on August 03, 2016 and revised in April 2018 (Table 7). This guidance considers the duration of the activity, the sound exposure level produced by the source during one working day, and the effective hearing range of the receiving species. Regulatory thresholds for potentially affected species, measured in one-day SELCUM, are summarized below.

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Table 7. SELCUM PTS Onset Thresholds. (NMFS 2018b)

Underwater - (dB re: 1 μPa2 s) Low- High- Phocid Otariid Mid-Frequency2 Source Frequency1 Frequency3 Pinnipeds4 Pinnipeds5 (MF) Cetaceans (LF) Cetaceans (HF) Cetaceans (PW) (OW) Non-impulsive Noise 199 198 173 201 219 Impulsive Noise 183 185 155 185 203 1LF Cetaceans include the humpback, gray and minke whales. 2MF Cetaceans include the killer whale and Pacific white-sided dolphin. 3HF Cetaceans include the Dall’s porpoise and harbor porpoise. 4PW pinnipeds include the harbor seal. 5OW Pinnipeds include the Steller sea lion.

Calculation of impact isopleths under the new guidance utilized the methods presented in Appendix D of the 2018 Revision to Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing and the most recent version of the associated User Spreadsheet Tool (NMFS 2018b). The spreadsheet accounts for effective hearing ranges using Weighting Factor Adjustments (WFAs). This application uses the recommended values. Activity durations were estimated based on similar project experience. Updated Peak Sound Threshold Guidance In addition to thresholds for cumulative noise exposure, onset thresholds for peak sound pressures are considered for impulsive sources (e.g. impact pile driving and down-the-hole hammering) (Table 8). Peak sound pressure level (SPLPK) is defined as “the greatest absolute instantaneous sound pressure within a specified time interval and frequency band” (NMFS 2018b).

Table 8. SPLPK Level A Thresholds for Impulsive Noise. (NMFS 2018b)

Underwater - (dB re: 1 μPa) Low-Frequency Mid-Frequency High-Frequency Phocid Otariid Pinnipeds Source (LF) Cetaceans (MF) Cetaceans (HF) Cetaceans Pinnipeds (PW) (OW) PTS Onset 219 230 202 218 232

Interim Sound Threshold Guidance The updated guidance described above does not address behavioral disturbance from underwater or airborne noise. The interim sound threshold guidance, summarized in Table 9, is used for estimating exposure to behavioral disturbance isopleths (NMFS 2015). Airborne noise thresholds have not been established for cetaceans (NMFS 2015). Thus, no adverse impacts are anticipated from airborne noise to cetaceans in the project area.

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Table 9. Level B and Airborne Behavioral Disturbance Thresholds. (NMFS 2015)

Underwater - (dB re: 1 μPa) Source Cetaceans & Pinnipeds Non-impulsive Noise 120 Impulsive Noise 160 Airborne - (dB re: 20 μPa) Source Harbor Seals Other Pinnipeds All Source Types 90 100

The practical spreading loss model was used to determine the zones in which pinnipeds and cetaceans have the potential to face disturbance. The formula for calculating practical spreading loss in underwater noise is: R TL=GL ×log 1 R0 Where TL is the transmission loss (dB), GL is the geometric loss coefficient (15 is the only value allowed without real-time sound source verification), R1 is the range to the target sound pressure level (m), and R0 is the distance from the source of the initial measurement (m). For airborne noise, spherical spreading loss is calculated using the same relationship and a geometric loss coefficient of GL = 20.

6.2 Sources of Anthropogenic Sound In the Technical Guidance (NMFS 2018b), sound sources are classified as; • Impulsive: produce sounds that are typically transient, brief (less than 1 second), broadband, and consist of high peak sound pressure with rapid rise time and rapid decay. • Non-impulsive: produce sounds that can be broadband, narrowband or tonal, brief or prolonged, (continuous or intermittent) and typically do not have a high peak sound pressure with rapid rise/decay time that impulsive sounds do. Underwater Sources Underwater noise sources that will result in incidental harassment of marine mammals include vibratory pile installation and removal, impact pile installation, and down-the-hole hammering for rock sockets. To calculate conservative isopleths for Level A and Level B zones, pile driving noise is assumed to be continuous for up to 8-hour workdays in early spring. Underwater Level A and Level B harassment zones for vibratory pile driving/removal, impact pile driving and rock socket hammering are summarized below. 6.2.1.1 Non-Impulsive Sound Sources Vibratory Pile Driving The closest known measurements of sound levels for vibratory installation of 30-inch steel piles are obtained by Denes et al. (2016) during the installation of 30-inch steel pipe piles at the Ketchikan Ferry Terminal. Sound

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source monitoring of the pile installation with a vibratory hammer piles averaged a median sound pressure levels of 161.9 dBRMS re: 1 μPa at 10 meters for three piles. (Table 10) Vibratory removal of 30-inch piles is expected to be quieter than installation, so this value is used as a proxy. If piles can be removed solely using a crane or a dead pull, a 10-meter shutdown zone discussed in Section 11 will be implemented during this activity and no other shutdown would apply. The nearest recorded measurements of sound levels for vibratory installation of 48-inch steel piles were obtained by Austin et al. (2016) during the installation of test piles at the Port of Anchorage. Sound source monitoring of the pile installation with a vibratory hammer recorded a mean unattenuated source level of 168.2 dBRMS re: 1 μPa at a distance of 10 meters from the sound source. As a conservative measure, the sound source levels for the 48-inch piles also will be used as a proxy to calculate harassment isopleths for 36-inch piles (Table 10).

Table 10. Parameters for Non-Impulsive Underwater Noise Calculations

Pile Quantity, Size and Weighting Factor Daily Duration SPLRMS Location Adjustment

Up to 6 hours 30-inch Vibratory 161.9 dBRMS (Installation or Removal) at 10 m Up to 8 hours 2.5 kHz

36- and 48-inch Up to 6 hours 168.2 dBRMS Vibratory Up to 8 hours at 10 m In order to calculate Level A isopleths, a maximum duration of 8 hours of noise-generating activity is used. Actual daily durations may be less, so protocols for varied monitoring zones are included in mitigation measures.

6.2.1.2 Impulsive Sound Sources Impact Pile Driving Impulsive sound sources for the proposed project are associated with impact pile driving and down-the-hole hammering. Down-the-hole hammering is now classified as an impulsive sound source (84 CFR 64847). In this application, the use of a down-the-hole hammer is treated as an impulsive sound source, similar to impact pile driving. The closest known measurements of sound levels for impact installation of 30-inch steel piles are from Denes et al. (2016) during the installation of piles at the Ketchikan Ferry Terminal. Sound source monitoring recorded median sound source level of 195.0 dBRMS re: 1 μPa, a peak of 208.5 dB re: 1 μPa, and a single strike SEL of 2 180.7 dBSEL re: 1 μPa –sec at a distance of 10 meters from the sound source (Table 11). The closest known measurements of sound levels for impact installation of 48-inch steel piles were obtained by Austin et al. (2016) during the installation of test piles at the Port of Anchorage. Sound source monitoring of pile installation with a diesel impact hammer recorded a mean unattenuated source level of 198.6 dBRMS re: 1 μPa at a distance of 10 meters. Overall median levels were not reported for peak and single strike SEL values; however, these values were reported for individual piles. As a conservative measure, the highest values reported are used herein. The highest levels reported were a peak of 213.2 dB re: 1 μPa at 14 meters for pile IP1 and a single strike SEL of 186.7 dB re: 1 μPa2–sec on pile IP5 at 11 meters (Austin et al. 2016). Sound source levels for 48-inch piles are used as a proxy to calculate harassment isopleths for 36-inch piles (Table 11).

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Down-the-Hole Hammering Denes et al. (2019) measured sound levels of down-the-hole hammering for five piles of the Thimble Shoals project in Virginia. Average SPL at 10 meters was reported as 180 dBRMS re: 1 μPa with a peak level of 190 dB re: 1 μPa and SEL of 164 dB re: 1 μPa2–sec, although pile size was not reported. Denes et al. concluded from this study that down-the-hole hammering should be characterized as impulsive based on a >3 dB difference in sound pressure level in a 0.035-second window (Southall et al. 2007) compared to a 1-second window. For this application, we use Denes et al 2019 measurement of 164 dBSEL single strike for DTH Level A harassment and for Level B harassment, 166 dBRMS for all pile sizes. For DTH anchoring of 12-inch holes, we use sound source data from Miner (2018) of 146 dBSEL and 162 dBRMS for Level A and Level B harassment calculations. DTH Level A calculations are characterized as impulsive as noted above. DTH Level B are characterized as continuous (NMFS personal communication) (Table 11). On July 28, 2020, NMFS issued an update 2018 Revision to Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine mammal Hearing and User Spreadsheet Tool which incorporated DTH guidance. These tools were used for this application.

Table 11. Parameters for Impulsive Underwater Noise Calculations

Sound Pressure Level Weighting Strikes per Pile Size Method Factor day1 Single SPLRMS SPLPK 2 Adjustment Strike SEL

0-500 Diesel 195.0 dBRMS 208.5 dB 180.7 dBSEL 30-inch 501-1,000 Impact at 10 m at 10 m at 10 m 1,001-1,500 0-500 2 kHz 36-inch and 48- Diesel 198.6 dBRMS 213.2 dB 186.7 dBSEL 501-1,000 inch Impact at 10 m at 14 m at 11 m 1,001-1,500

30-, 36-, and 48- DTH Up to 3 hours 166 dBRMS 194 dB 164 dBSEL 3 2 kHz inch Sockets 3 to 6 hours at 10 m at 10 m at 10 m

DTH Up to 6 hours 162 dBRMS 172 dB 146 dBSEL 12-inch anchor 3 2.5 kHz Anchors 6 to 8 hours at 10 m at 10 m at 10 m

1The zones associated with 0-500 strikes will be monitored until the contractor exceeds 500 strikes and then the monitoring zones will be increased to the 501-1,000 strike range and the same when strikes exceed 1,000. This is discussed further in Section 11 and Appendix B. 2The single-strike SEL values were used to calculate Level A harassment isopleths because the strike duration is unknown. The RMS values were used to calculate behavioral harassment isopleths (Level B harassment zones). 3DTH socket and anchor values are based on Denes et al (2019) and Miner (2018). These values were used as a proxy for 48-inch piles as DTH sound source data is unavailable for this pile size.

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Airborne Sources There are no known haulouts within the action area. Airborne impact isopleths are substantially smaller than underwater impact isopleths for the same activities such that any takes from airborne noise will be accounted for in estimates for underwater noise impacts. Known harbor seal and Steller sea lion haulouts are located outside of the airborne disturbance isopleths.

Data for vibratory driving of 30-inch (76-cm) piles, from Laughlin (2010), was measured at 96.4 dBL5EQ dB re: 20 μPa at 15 m. In this case, dBL5EQ (or the 5-minute average continuous sound level) was considered equivalent to dBRMS values, because these are calculated similarly. Airborne impact driving noise levels from the Washington State Department of Transportation (WSDOT) IHA application, citing data collected during the Seattle Test Pile Project, were used in this analysis. Impact driving of 36-inch (91.5 cm) steel piles resulted in noise levels of 111 dBRMS dB re: 20 μPa at 15 m (WSDOT 2017). Because sound data for the smaller 30-inch piles were not available and the impact installation of 30-inch piles is anticipated to result in lower noise levels than the installation of 36-inch piles, this value represents a conservative analysis of the vibratory installation of 30-inch piles. Airborne noise levels for 48-inch piles were not located at the time of this writing. Airborne sound source levels for impact driving of 72-inch piles were measured between 98 dB and 102 dB re: 20 μPa at 50 feet from the pile (Laughlin 2011 as cited in WSDOT 2019); these parameters were also applied to down-the-hole socketing as a conservative measure and because no data was available at the time of this writing. Because the sound sources obtained for smaller piles is more conservative, the sound source levels for 30-inch and 36-inch piles were used (Table 12). Airborne noise levels for Down the Hole 12- inch anchors were not located at the time of this writing. Airborne sound source levels for 18-inch steel piles vibratory driving (U.S. Navy 2015). Actual sound source levels for 12-inch anchors are likely to be lower than that presented herein.

Table 12. Parameters for Airborne Noise Calculations

Pile Size Method Source Type Sound Pressure Level

Non-impulsive, 96.4 dBL5EQ Vibratory Driving 30-inch and continuous at 15 m 1 48-inch 111 dBRMS Impact Driving Impulsive at 15 m

DTH Anchors and Non-impulsive, 88 dBLSEQ Vibratory Driving Sockets2 continuous at 15 m 1These parameters applied to pile driving and down-the-hole sockets. 2Source: U.S. Navy 2015.

6.3 Calculated Impact Isopleths This section presents the analysis of airborne and underwater sound impact isopleths for pile installation activities. .

Table 13 Table 13 presents the PTS onset isopleths. For impact driving, single-strike SEL values were used to calculate injury isopleths (Level A take zones) because the strike duration is unknown. For vibratory driving and

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hammering, SPLRMS values and noise duration were used to estimate SELCUM levels. Both methods utilized the NMFS User Spreadsheet (NMFS 2018).

Table 13. Calculated Level A Harassment Isopleths

PTS Onset Isopleth (m)

Source Daily Duration Cetaceans Pinnipeds Low- Mid- High- Phocid Otariid Frequency Frequency Frequency 30-inch Vibratory Up to 6 hours 25.9 2.3 38.3 15.7 1.1 (Installation or Removal)1 Up to 8 hours 31.4 2.8 46.4 19.1 1.3 36- and 48-inch Up to 6 hours 68.1 6 100.7 41.4 2.9 Vibratory1 Up to 8 hours 82.5 7.3 122 50.1 3.5 Down-the-Hole1 Up to 3 hours 1225.6 43.6 1,459.9 655.9 47.8 Socket 30-, 36, 48- inch 3 to 6 hours 1945.5 69.2 2317.4 1041.2 75.8 Down the Hole1 Up to 6 hours 122.8 4.4 146.2 65.7 4.8 Anchor 6 to 8 hours 148.7 5.3 177.1 79.6 5.8 Up to 500 strikes 442 16 526 237 17 (1-10 minutes) 30-inch 501-1,000 strikes Diesel 702 25 836 375 27 (11-20 minutes) Impact2 1,001-1,500 strikes 919 33 1095 492 36 (21-40 minutes) Up to 500 strikes 1221 43 1455 654 48 (1-10 minutes) 36- and 48-inch 501-1,000 strikes Diesel 1938 69 2309 1037 76 (11-20 minutes) Impact2 1,001-1,500 strikes 2540 90 3026 1359 99 (21-30 minutes) 1The zones associated with vibratory pile driving and DTH will begin shutdown zones using the highest tier zone. These zones will be modified to the next lowest tier if after 4 hours no Level A low or mid-frequency cetacean or otariid species are observed within the initial zone. Refer to Appendix B for details. 2The zones associated with 0-500 strikes will be monitored until the contractor reaches 500 strikes and then the monitoring zones will be increased to the 501-1,000 strike range and the likewise when strikes exceed 1,000. Refer to Appendix B for details.

For this project, only impact pile driving has peak sound pressures with the potential to be above the PTS thresholds. All of the calculated peak SPL isopleths are within the calculated cumulative SEL isopleths and are not further considered.

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Level B harassment isopleths are shown in Table 14and were calculated using SPLRMS source levels and the practical spreading model. Table 14 also depicts the calculated behavioral disturbance isopleths.

Table 14. Calculated Level B Harassment Isopleths

Behavioral Disturbance Source Isopleth (m)

30-inch Vibratory 6,213 (Installation or Removal) 36- and 48-inch 16,343 Vibratory Down the Hole Hammer 11,659 (Socket, All sizes) Down the Hole Hammer 6,310 (Anchor) 30-inch 2,154 Diesel Impact1 36- and 48-inch 3,744 Diesel Impact1

The largest Level B Harassment isopleth will be truncated by land masses at 12,500 meters southward through the Tongass Narrows and approximately 3,590 meters northward, confining the action area as depicted (Figure 3). These land masses include Revillagigedo Island, Gravina Island, Pennock Island and Spire Island. Airborne noise isopleths were calculated using the spherical spreading model, shown in Table 15. Table 15. Calculated Isopleths – Airborne Sources

Level A Harassment Level B Harassment Zone (m) Source Zone (m) Harbor Seals Steller Sea Lions Vibratory Driving N/A 31 168 Impact Driving N/A 10 53 DTH N/A 11.9 3.8

6.4 Number of Marine Mammals that May Be Affected COK requests an IHA with an effective period of October 1, 2021 through May 30, 2022 for Level B (behavioral harassment) and Level A (injury) takes for the species listed below. The number of marine mammals that may be exposed to harassment thresholds is calculated by estimating the likelihood of a marine mammal being present within a harassment zone during the associated activities. Estimated marine mammal density or abundance is determined by reviewing local and regional reports, surveys, permits and observations of abundance and frequency near the proposed project action. For example, for species that are common with the potential to occur daily, the take calculations are based on the group size multiplied

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by the projected number of days of underwater noise activities. For species that are less common and occur less frequently, take estimates are based on group size multiplied by the frequency (e.g. biweekly, monthly) and duration of the underwater noise or number of months with underwater noise. The estimated number of takes are based upon conservative ranges from the best scientific data currently available for these species near the project area. We do not anticipate this many takes will occur because the project will implement avoidance and minimization measures and because the duration of underwater noise is likely overestimated. The assumptions of marine mammal presence (potential exposures) in the action area used for the take estimates are depicted in Table 16. The potential exposures are based on the best available data for Tongass Narrows and project vicinity as published in peer reviewed reports, MMPA authorizations and applications, most recent surveys, and anecdotal local information as described in Section 3. Takes of individuals likely are overestimated due to the unpredictability of occurrence in the action area and the conservative estimate of project related noise duration. Level A takes are requested for harbor seal, harbor porpoise, and Dall’s porpoise should they enter the Level A harassment zone undetected. Harbor seals are habituated to fishing vessels and may follow vessels that enter the marina. Dall’s and harbor porpoises’ small size and speed make it possible that these can enter the Level A zones prior to detection. Take calculations are based on the following assumptions. Total project in-water work duration is estimated at a total of 41 months or 1201 days or 171 weeks. Calculations were rounded upward to nearest whole number.

Table 16. Potential Exposures of Marine Mammals During Project Activities Est. Group Species Frequency Calculation of Takes1 Size Humpback two times a 2 whales x (2 x 17 weeks) = 68 whale, Hawaii 2 week Hawaii DPS (93.9%) = 64 DPS Humpback two times a 2 whales x (2 x 17 weeks) = 68 whale, Mexico 2 week Mexico DPS (6.1%) = 5 DPS Steller sea lion, 10 daily 10 sea lions x 120 days = 1,200 Oct to Feb Harbor seal, 3 groups per 3 9 seals x 120 days = 1,080 Level B Take day Harbor seal, 3 1 group per day 3 seals x 120 days = 360 Level A Take Dall’s porpoise, Level 20 monthly 20 porpoises x 4 months = 80 B Take

1Number of months was rounded up. The in-water work duration is a maximum estimate of work days that may be required for pile installation activities.

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Dall’s porpoise, Level 20 once 20 porpoises x 1 = 20 A Take Harbor porpoise, Level 5 twice per month 5 porpoises x (2 x 4 months) = 40 B Take Harbor porpoise, Level 5 twice 5 porpoises x 2 = 10 A Take Killer whale 10 monthly 10 whales x 4 months = 40

Gray whale 2 monthly 2 whale x 4 months = 8

Minke whale 1 yearly 1 whale x 2 years = 2 Pacific white 20 weekly 20 dolphins x 17 weeks = 340 sided dolphin 1Take numbers were rounded up and may exceed the total number of individuals presented in Section 6.4.1 through Section 6.4.9.

A take summary is provided in Table 17 and the basis for these take estimates for each species are provided in Sections 6.1 through 6.7.

Table 17. Take Request Summary

Level B Level A Stock Species % of Stock1 Takes Takes Abundance Humpback whale, Hawaii DPS 64 N/A 10,103 0.8% Humpback whale, Mexico DPS 5 N/A 2,900 0.2% Steller sea lion eDPS 1,200 N/A 43,201 2.8% Harbor seal 1,080 360 27,659 5.2% Dall’s porpoise 80 20 83,400 0.12% Harbor porpoise 40 10 1,354 3.7% Killer whale 40 N/A 2,892 1.4% Gray whale 8 N/A 26,960 0.03% Pacific white-sided Dolphin 340 N/A Unknown N/A Minke whale 2 N/A 26,880 0.007% 푻풂풌풆 1 % 풐풇 푺풕풐풄풌 = x100, where a conservative estimate of individuals is used to estimate impact to 푨풃풖풏풅풂풏풄풆 stock.

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Humpback Whale Based on local information and a biological opinion issued by NMFS (2019a) for the ADOT Tongass project (HDR 2019), it is assumed that the occurrence of humpback whales in the project area is two individuals twice per week throughout the project. Therefore, it is estimated that up to 2 individuals could be exposed to underwater noise twice a week during the 17 weeks of the project’s in-water work, for a total of 68 individuals. Of this number, it estimated that 64 whales represent the Hawaii DPS and 5 whales of the endangered Mexico DPS. No Level A takes are requested for humpback whales as shutdown measures can be implemented prior to any humpback whales entering Level A harassment zones.

Using these assumptions, the project could 68 Level B takes of humpback whales. Steller Sea Lion Sea lions are known to occur in the Tongass Narrows area throughout the year with peak numbers March through September (ADOT 2019). In water work is anticipated to be completed by March 1, 2022. . From September through February, we assume one large group of 10 individuals could be present in the project vicinity (HDR 2019; Freitag, as cited in 83 FR 22009). Using a potential maximum rate dependent on season (October to February, N=10), the project could take up to 1,200 Steller sea lions during pile installation activities within the Level B harassment zones. Steller sea lions are typically absent from the action area; however, sea lions may be present during salmon and herring runs and are known to visit hatcheries and fish processing facilities in the vicinity. No Level A takes are requested for Steller sea lions as the Level A harassment zones are small and shutdown measures can be implemented prior to Steller sea lions entering any Level A harassment zone. There is no critical habitat in the action area. Using these assumptions, the project could result in up to 1,200 Level B takes of Steller’s sea lions. Harbor Seal Based on the information available (83 FR 22009 ), it is estimated that up to three groups of three individual harbor seals could be exposed to underwater noise each day during the 120 days of the project, for a total of 1,080 individuals Level B harassment. Harbor seals are habituated to fishing vessels and may follow vessels that enter the marina before a shutdown can be coordinated. Under this eventuality, it is possible that one group of three seals could enter the Level A zone daily, resulting in 360 Level A takes. Using these assumptions, the project could result in up to 360 Level A takes and 1,080 Level B takes of harbor seals. Dall’s Porpoise The maximum group size of 15 Dall’s porpoise are anticipated in the action area each month. The group size and frequency are based on personal communication between Kate Arduser, Solstice Alaska Consulting, Inc. and Gary Freitag (Freitag, 2017), as cited in the Ketchikan Berth IV Expansion Project. Given the action area of the Berth IV project is nearly identical to the proposed project action area, this represents the best information available for this species. Assuming that 20 individuals will enter the Level B zone monthly, the project will result in 80 Level B takes.

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Due to the size of the Level A harassment zone associated with impact pile driving, it is possible Dall’s porpoises may enter the Level A harassment zone undetected. It is conservatively assumed that up to 20 Dall’s porpoises may enter the Level A harassment zone once during the duration of the project. The project could take result in up to 80 Level B takes and 20 Level A takes. Harbor Porpoise Based on previous NMFS estimates for the Ketchikan Berth IV Expansion project and the AKDOT Tongass Narrows project, it is estimated that two groups of 5 harbor porpoise may enter the Tongass Narrows twice per month. Therefore, it is estimated that 40 harbor porpoises could be exposed to Level B elevated noise levels during the duration of the project. Harbor porpoises are stealthy, having no visible blow and a low profile in the water making the species difficult for monitors to detect (Dahlheim et al. 2015). It possible that a total of 10 harbor porpoises may enter the Level A harassment zone undetected. The project could result in up to 40 Level B takes and 10 Level A takes of harbor porpoises. Killer Whale This IHA assumes the NMFS killer whale estimate of one pod of 10 whales per month in Tongass Narrows (HDR 2019). Based on the information available, we estimate that six interactions with the average group size of 10 killer whales resulting in Level B take are possible during the project. No Level A takes are requested for killer whales because killer whales are conspicuous and would be observed by monitors prior to entering the Level A harassment zones. Shutdown measures will be implemented prior to a whale entering a Level A harassment zone. The project could result in up to 40 total Level B takes of killer whales. Gray Whale Gray whales have not been reported within the Tongass Narrows; however, their presence cannot be entirely discounted, so it is assumed that up to two gray whales may be taken per month. The project could result in up to 8 Level B takes of gray whales. Minke Whale There are no known occurrences of minke whales within the action area. Since their range extends into the project area and minke whales have been observed in southeast Alaska (Dahlheim et al. 2009), it is possible the species could occur near the project area. Because the project schedule includes both year 2021 and 2022 seasons, we are requesting one whale per year take. Therefore, as a conservative measure, two takes are requested for the project. Due to the unlikely occurrence of minke whales and the ability to shut down pile driving activities prior to a whale entering the Level A harassment zone, no Level A takes of minke whales are requested. Using a worst-case scenario, the project could take up to one minke whale per year, resulting in up to two total Level B takes of minke whales. Pacific White-Sided Dolphin Pacific white-sided dolphins have not been reported within the Tongass Narrows; however, the dolphin is within its range thus cannot be discounted. Based on a typical group size of 20 individuals (84 FR 36891) occurring

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weekly, we estimate that up to 340 Pacific white-sided dolphins could be exposed to Level B harassment. No Level A takes are requested. The project could result in up to 340 Level B takes of Pacific white-sided dolphins.

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7 Anticipated Impact on Species or Stocks of Marine Mammals This section describes the anticipated impact of the proposed project to the species or stock of marine mammals addressed in this application. Project effects may include behavioral responses and non-injurious physical responses due to temporary in-water construction activities that raise the level of underwater and airborne noise above the ambient condition. The COK is requesting authorization of Level B takes of humpback whale, Steller sea lion, harbor seal, Dall’s porpoise, harbor porpoise, killer whale, Pacific white-sided dolphin and Minke whale and Level A takes of harbor seal and Dall’s porpoise. Table 17 take estimates represent individual takes and do not consider multiple takes of a single individual, thus presenting a conservative percent of stock estimate. Level B take may occur on days when during pile driving and hammering operations resulting in short-term changes in behavior (e.g. avoiding project area), swim speed or direction (e.g. increasing speed), and foraging behavior (e.g. predator avoidance of foraging habitat). These behavioral changes are anticipated to be temporary and any changes in behavior would resume to normal once pile driving and hammering activities have ceased. Because Level B take is limited to pile driving and hammering activities (temporary and short in duration), impact to species would be negligible. Level A take may occur if marine mammals enter the Level A zones undetected; however, most Level A take will be prevented by implementing shutdown zones and the MMPA. Level A takes may result in permanent, partial or complete hearing loss if the received sound levels exceed the injury thresholds. Additional physiological effects include neurological and resonance effects, increased stress, bubble formation and other organ or tissue damage. In summary, the take estimates requested in this application are conservative and represent the full extent of potential take should project activities require the maximum duration of each noise generating activity. It is anticipated that the actual project duration will be lesser. The take estimates presented represent a small numbers and small percentage of the total stock, thus a negligible effect for each species.

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8 Anticipated Impact on Subsistence Uses In Southeast Alaska, including Ketchikan and the nearby community of Saxman, harbor seals and Steller sea lions have traditionally been hunted by Alaska Natives for food and material products such as meat, skins, and whiskers (for art and regalia). In the Ketchikan area, hunters primarily target harbor seals for rendering oil, fat, meat, and skins for cultural uses. Sea lions are also known to be targeted, to a lesser extent than harbor seals, for food and material products. Alaska Native hunters in the Ketchikan vicinity do not traditionally harvest humpback whales or other cetaceans, and are not currently authorized to take humpback whales from the stock present in the action area (Muto et al. 2019). There are no known subsistence takes of Dall’s porpoise, harbor porpoise, or killer whale in Alaska. Subsistence takes of minke whales in Alaska is very rare, with only seven reported between 1930 and 1987. The last known take of a minke whale occurred in 1989; however. it is likely that reports are incomplete. The average take of minke whales from 2012-2016 is zero whales. Based on the available information subsistence uses of cetaceans is not likely to be impacted and only harbor seals and Steller sea lions are considered in this application. The 2019 Census estimated the native population to be 1,946 in Ketchikan and 260 in Saxman (ACS 2018). In 2012 there were a total of 11 households in Ketchikan that were reported to be participating in subsistence activities and 10 households in Saxman. In Wolfe et al. (2013) that 22.2% of native households in Ketchikan were harvesting harbor seals and 0.0% of native households were harvesting Steller sea lions. In Saxman it was estimated that 14.3% of native households were harvesting harbor seals and 0.0% of native households were harvesting Steller sea lions. The harbor seal harvest per capita in both communities was low, at 0.02 and 0.01 for Ketchikan and Saxman respectively. In both communities the percentage of households using marine mammals was higher than the percentage of households harvesting.

8.1 Steller Sea Lion ADF&G subsistence data for Southeast Alaska shows that from 1992 through 2008, plus 2012, from zero to 19 Steller sea lions were taken by Alaska Native hunters per year with typical harvest years ranging from zero to five animals (Wolfe et al. 2013) In 2012, it is estimated nine sea lions were taken in all of Southeast Alaska, one of which was harvested while the remaining were struck and lost. Wolfe et al. (2013) reports that all nine of these lions taken in Southeast Alaska were male and were taken during the spring (March-April) or the fall (October- November) While these Sea lions were only taken from Hoonah and Sitka, sea lion products were reportedly used in Ketchikan. Based on the available information regarding Steller sea lion subsistence uses and the species known distribution/haulout locations, this project is not expected to impact the availability of Steller sea lions for subsistence uses.

8.2 Harbor Seal Harbor seals are the most commonly targeted marine mammal that is hunted by Alaska Native subsistence hunters within the Ketchikan area. Based upon the available data for harvests in most hunting communities, hunters in Southeast Alaska took from 523 to 719 harbor seals annually in the years 1992-2008 (Wolfe et al. 2013). In 2012 an estimated 595 harbor seals were taken for subsistence uses, with 22 of those occurring in Ketchikan (Wolfe et al. 2012). Seals were harvested across the year, with peak harvests in March, May, and October. Lowest harvests were in December, January, and February. There were no reports of any harbor seals struck and lost in Ketchikan in 2012.

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8.3 Impact on Availability of Marine Mammals for Subsistence Uses Neither the local population nor any individual harbor seal or Steller sea lion are likely to be adversely impacted by the proposed action beyond noise-induced harassment or slight injury. The proposed project is anticipated to have no long-term impact on Steller sea lion or harbor seal populations, or their habitat and as such no long- term impacts on the availability of marine mammals for subsistence uses is anticipated. The action area is located in Tongass Narrows, adjacent to both Ketchikan and Saxman, where subsistence hunting of marine mammals generally does not occur. While not applicable to marine mammals, the action area is also located within a designated non-subsistence zone where subsistence fishing and hunting of game is not authorized by the ADF&G. Both the harbor seal and the Steller lion may be temporarily displaced from the action area; however, there are no known haulout locations for either species in the action area. Because there are no known haul-outs in the area, temporary displacement is not expected to increase either species exposure to predation. The most likely impact is from noise causing the marine mammals to leave the action area where hunting of marine mammals generally does not occur. Temporary displacement potentially increases the availability of pinnipeds to subsistence hunters in areas where hunting may occur. Since there is very little sea lion hunting in the larger Ketchikan area short term displacement of animals from the project area is anticipated to have no effect on abundance or availability of Steller sea lions or harbor seals to subsistence hunters. The proposed project will not result in the death or serious injury of any marine mammal. The project is likely to result only in short-term, temporary impacts to pinnipeds and cetaceans. The proposed project is not likely to adversely impact the availability of any marine mammal species or stocks that are commonly used for subsistence purposes.

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9 Anticipated Impact on Habitat Potential impacts to marine habitat during construction activities will be due to temporary increases of in-water sound and in-air sound during pile driving activities (including hammering), temporary potential impacts to water quality and prey species distribution. Permanent impacts to habitat will be limited to a small area of habitat related to the installation of a single dolphin. However, the existing habitat is characterized as highly disturbed by coastal development and vessel usage. Section 11 presents best management practices and minimization measures that will be implemented to reduce potential impacts to marine mammal habitat. The project site is highly degraded and modified as described in Section 2.4.2. Surface soils consist of silt and sand surface and the soils are littered or covered by substantial marine debris including glass bottles, engines, transmissions, steel cables, and chains (PND 2006). Impacts to habitat include a small area of permanent loss or modification of habitat due to pile placement and extension of Berth III. The action area supports an active commercial and recreational marine area, including cruise ship traffic. The area permanently impacted by the construction activities would be small, insignificant and associated with an existing marina structure and traffic or use by cruise ships.

9.1 Prey The action area provides habitat for the marine mammal speciesthat supports foraging, migration, refuge and reproductive activities. The action area also provides essential fish habitat for five salmonid species that serve as prey species for marine mammals, in the Tongass Narrows. Pile installation and removal activities have the potential to result in adverse effects to EFH (Limpinsel et al 2017). Anticipated completion of pile installation activities by March 1, 2022 likely will reduce exposure during critical life stages. In addition, overburden and tailings will be collected and disposed of in an appropriate upland location. Given pile installation may still result in some sediment plumes, the project may temporarily adversely affect EFH for groundfish and salmon species (prey species).

9.2 Vessel Interactions Tongass Narrows experiences a high density of use by whale watch vessels, cruise ships, commercial and recreational fishing vessels, ferries, barges and other vessels. The purpose of the project is to provide improved, safe access for large cruise ships at Berth III. Cruise ship traffic and cruise ship capacity or size is expected to increase in the Ketchikan. Future cruise ship growth may be driven by the increases in the visitor industry of the Ketchikan vicinity. Any increase in vessel traffic in this area as a result of the project would be negligible in comparison to the overall vessel traffic in the area – which includes cruise ships, commercial whale watch vessels; commercial fishing vessels; charter fishing vessels; AMHS ferry vessels; and shipping barges. Impacts from vessel interactions, due to strikes, in marine mammal habitat are not anticipated due to the regulated 7-knot speed limit for vessels over 23 feet in length in Tongass Narrows. Although cruise ship size may increase, the speed limit is a mitigating factor in marine mammal and vessel interaction in Tongass Narrows. Behavioral responses, in the form of temporary avoidance or other temporary changes in behavior, to ships entering and departing is the normal for this area. Given the continued use of the Tongass Narrows habitat by marine mammals and their prey species, acclimatization to the existing conditions of a busy commercial and recreational port is indicated. Therefore, no permanent adverse effect related to vessel interaction is anticipated. Any temporary effects will be short in duration and discountable.

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9.3 Underwater Noise Noise from pile driving/hammering and other construction activities may have adverse impacts on fish ranging from changes in behavior and distribution to injury and mortality. These impacts are dependent on the sound intensity and characteristics of the fish present (Caltrans 2015). Both vibratory and impact hammers as well as hammering activities will be used during pile installation. It is expected that vibratory hammers will be the main method used for pile driving as noted above in Section 2. Vibratory hammers produce lower sound pressure levels than impact hammers and produce continuous sounds via oscillations. Conversely, impact hammers produce more intense impulsive sounds with rapid rise times documented to injure, kill or change the behavior of fish (Caltrans 2015; Popper and Hastings 2009). Effects of high impulsive sound pressure levels include hearing loss and serious internal injury (Hastings and Popper 2005). These effects are dependent upon numerous factors such as fish mass and anatomy, intensity and characteristics of sound, and distance to the sound source (Caltrans 2015 citing Yelverton 1975 and Hastings and Popper 2005). Pile driving activities are temporary components of the project. The expected response during pile driving is temporary behavior modification such as marine mammals and prey species dispersing to nearby habitat or avoiding the area. Fish and marine mammals would return after pile driving is completed each day. It is possible that a small number of fish may be injured or killed if present in close proximity to the impact pile driving activity. Given the rich resources, vast area that supports marine mammals in the Tongass Narrows vicinity and in Southeast Alaska and the short duration of the construction activities, any losses would be comparatively minimal and discountable to the prey resources in the Tongass Narrows and action area. Furthermore, numerous pile driving/hammering projects have not deterred marine mammals from using the project area indicating that prey species remain available for marine mammals once pile driving/hammering has ceased. Because underwater noise impacts are limited to the construction phase, these impacts are short-term and temporary impacts and prey species and marine mammals are expected to resume regular use of the habitat once construction noise from pile driving has ceased. Effects to marine mammal habitat from noise-induced dispersal or disaggregation of prey within their habitat, would be insignificant and discountable due to the temporary nature of the activity; prey availability throughout Tongass Narrows, and prey distribution is anticipated to return to normal after construction ceases. Implementation of marine mammal monitoring plan will also minimize effects to habitat.

9.4 Water Quality Pile installation may result in minor, short-term adverse impacts to water quality within marine mammal habitat by causing an increase in turbidity by suspending sediment off of the sea floor. When sediment is suspended it often results in visible turbidity plumes that are expected to be localized to a radius of approximately 25 feet around the pile (Everitt et al. 1992). This plume is anticipated to dissipate quickly, within a few minutes to several hours, after pile installation operations are completed due to local current and tidal actions that would increase the rate of sediment dispersion. Construction activities may result in short term effects to marine mammals and prey species if accidental spills of petroleum or other contaminants occur. Best management practices and avoidance and minimization measures will be implemented to minimize and arrest risk of spills. Impacts to water quality have the potential to adversely affect habitat for marine mammals and their prey. However, the small project footprint, temporary duration of the project and presence of historically degraded habitat, any effects on marine mammals, prey and their habitat would be localized to a small area, short in duration and negligible.

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10 Anticipated Effects of Habitat Impacts on Marine Mammals Anticipated impact of the loss or modification of habitat on marine mammal populations presented in this application are negligible and discountable due to the temporary nature of the proposed construction activities and the presence of degraded and modified habitat such that the loss of this small area of habitat. The proposed project is also located in an existing commercial area subject to noise and vessel traffic. Temporary impacts, in the form of temporary displacement, may occur if marine mammals are present in the action area. No long term or permanent impacts are anticipated. Use of habitat by marine mammals and prey species is expected to return once construction activities have ceased.

10.1 Vessel Interactions Close proximity to vessels has been observed to disrupt feeding aggregations of humpbacks and separation of mothers and calves, as well as dispersal of the fish schools targeting by the whales (Krieger and Wing 1986). In addition to acoustic impacts, vessel traffic also poses a direct threat to humpbacks through ship-strike injury and mortality (Muto et al. 2019). Vulnerability to ship-strike may be higher in areas where humpbacks rest, as they spend three times as much time at the surface when resting than when traveling fast. Vessel strikes are not a major source of mortality for other marine mammals listed in this application, with the exception of resident killer whales observed following vessels to consume the processing waste that is discharged, often close to ship propellers where whales may feed on the processing waste (Muto et al. 2019). Sea Grant research indicates that humpback whales may increase energy expenditures when vessels are nearby. Observations included changes in direction, higher swim speeds, a decrease of time in-between breaths at the surface as the number of vessels increased (Schuler and Pearson 2019; Teerlink 2017). These effects may result in changes in habitat use and distribution (Schuler and Pearson 2019). Teerlink (2017) measured concentrations of steroid hormones, including cortisol, from biopsy samples in whales in the Juneau area that area subjected to large amounts of vessel traffic and compared the results to whales in other areas with less vessel traffic. No physiological evidence of increased stress response was found in whales in the Juneau area indicating humpback whales in the Juneau area likely are habituated to vessel traffic (Teerlink 2017). Steller sea lions and harbor seals may be disturbed by approaching vessels when on haulout sites which can lead to stampedes as individuals flee towards the water. There are no documented Steller sea lion or harbor seal haulouts in the project area. The nearest sea lion haulout is approximately 20 miles northwest of the project area (Geoengineers 2018). The project area is expected to experience an increase in the amount of vessel traffic within marine mammal habitat based on a projected increase in tourism of the area; however, due to the substantial amount of existing vessel traffic in the area coupled with the continued use of the habitat by marine mammals, the effects on marine mammals from project vessel noise are expected to be minor and negligible. In addition, 33 CFR 162.240, Tongass Narrows, Ketchikan, Alaska; navigation, establishes a maximum speed limit of 7 knots for vessels of over 23 feet in length in Tongass Narrows, bounded on the north by Buoy ‘9’ and to the south by the East and West Channel Regulatory markers, respectively.

10.2 Noise Pinnipeds surfacing in the disturbance area could be affected by in air noise within the disturbance area. Temporary, intermittent, and short-term habitat alteration due to in-air noise may result in marine mammal avoidance or temporary displacement due to pile installation. In-air noise during construction is expected to be temporary, discountable and insignificant in light of the existing background noise levels in an industrial and

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commercial marina environment. Furthermore, there are no documented haul out sites in the action area for harbor seals and Steller sea lions. Underwater noise during construction is expected to be temporary, discountable and insignificant in light of the existing background noise levels in an industrial and commercial marine environment. Construction activities will occur in an area subject to underwater noise from cruise ships, commercial fishing vessels, whale watching boats, ferries and airplanes. It is reasonable to presume that marine mammals in the area are habituated to the ambient underwater noise levels. However, the underwater noise increases due to pile driving activities may result in temporary avoidance of the project area and vicinity by marine mammals and their prey. Upon completion of the project, it is anticipated that marine mammals listed in this application and their prey will resume use of the project area and vicinity. Marine mammals forage species may be disturbed in the action area. Due to the proximity of other feeding grounds and the short duration of the project, it is anticipated effects on marine mammal forage species will be minimal. Main effects to forage species are temporary avoidance and disaggregation of the project vicinity.

10.3 Water Quality Due to the localized and temporary nature of increased turbidity discussed in Section 10.2, effects to marine mammals in this application and their prey species would be short term and negligible. Implementation of the shutdown zones discussed in Section 11 will reduce the potential of effects of water quality changes on marine mammals. Displacement or disaggregation of prey species would be temporary and result in prey species avoiding the area temporarily. Consequently, there are no permanent effects on marine mammal populations anticipated due to water quality.

10.4 Prey Availability The action area provides habitat for the marine mammal species that supports foraging, migration, refuge and reproductive activities. Because the proposed piles will be installed on or adjacent to existing structures, in waters with significant marine debris and in an industrial area, no long-term effects to EFH are anticipated. Effects due to underwater sound or turbidity would be limited to temporary displacement or disaggregation of prey species. These effects would be short in duration with prey species returning to the project area upon completion of the project.

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11 Mitigation Measures

11.1 General Construction Activities The proposed project avoids impacts as much as practicable. Tongass Narrows is an active marine environment, with high levels of vessel traffic (Section 2.5.1), particularly during summer months. There is an elevated level of ambient noise within the area compared to natural conditions. The mitigation measures and best management practices (BMP) that will be implemented are designed to reduce the project’s impacts within the action area. The following measures and BMPs will be incorporated by the applicant in order to minimize potential impacts: • Improvement structures are designed to provide barrier-free migration and vertical movement for marine and estuarine fish. The improvements will be maintained in a manner that does not introduce any pollutants or debris into the water or cause a migration barrier for fish, such that prey continues to be available to marine mammals in the area. • The improvement structures are designed to limit contaminant releases and will be maintained in a manner that manages pollutants and debris streams to avoid incidental introduction of deleterious materials into Tongass Narrows. • Fuels, lubricants, chemicals and other hazardous substances will be stored above the high tide line to prevent spills. • Oil booms will be readily available for containment should any releases occur. • To prevent spills or leakage of hazardous material during construction, standard spill-prevention measures will be implemented during construction. The Contractor will provide and maintain a spill clean-up kit on-site at all times. • The contractor will monitor equipment and gear storage areas for drips or leaks regularly, including inspection of fuel hoses, oil drums, oil or fuel transfer valves and fittings, and fuel storage that occurs at the project site. Equipment will be maintained and stored properly to prevent spills. • If contaminated or hazardous materials are encountered during construction, all work in the vicinity of the contaminated site will be stopped until a corrective action plan is devised and implemented to minimize impacts on surface waters and organisms in the project area.

11.2 Pile Installation Activities Monitoring and Shutdown A Marine Mammal Monitoring and Mitigation Plan (4MP) will be implemented for all pile installation activities. The 4MP includes marine mammal observers that will be positioned at the practical and optimal vantage points to detect marine mammals entering monitoring and shutdown zones. The daily construction window for pile driving will begin no sooner than 30 minutes after sunrise to allow for pre-activity monitoring and work may not begin without sufficient daylight or weather conditions to conduct pre-activity monitoring. When construction ceases at least 30 minutes prior to sunset, post-activity monitoring will be conducted. In the case of work extending into the night hours (as described in Section 2.1), post-activity monitoring will not be conducted. In case of fog or reduced visibility, observers must be able to observe the entire shutdown and monitoring zones before permitted activities can be initiated; work may continue if shutdown zones are visible. Takes will be

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extrapolated, in these cases, based on the amount of the monitoring zone visible. Where weather conditions limit the visibility of the monitoring zone after work has commenced and where Level B zones are too large to be fully observed, takes will be extrapolated based on the percentage of the Level B harassment zone that is visible and the number/species observed. Percentages visible for each day will be determined and documented by the monitoring team using maps and land features visible during monitoring efforts. All efforts will be made to avoid Level A takes of any marine mammals. For marine mammals for which no Level B takes are requested or permitted, all in water pile driving activities will shut down immediately until the animals leave the zone of their own volition. Pile Installation Methods To minimize impacts to marine mammals and their prey vibratory installation and/or hammering will be used as the primary methods of pile installation. Impact driving will be minimized and used only as needed to seat the pile in its final position or to penetrate material that is too dense for a vibratory hammer. Use of bubble curtains are not proposed as mitigation because the large calculated exclusion zones are truncated by land masses. To avoid and minimize effects to EFH, prey, habitat and water quality, overburden generated from the DTH hammering of rock sockets and anchors will be collected and disposed of in an approved upland site. Soft Start Procedures To allow marine mammals to leave the area prior to exposure to maximum noise levels, soft start procedures will be used prior to impact pile driving/hammering each day and when work ceases for more than 30 minutes. No soft start is proposed for vibratory pile driving or hammering. For impact hammers, the soft start procedure includes initiating approximately three strikes at a reduced energy level, followed by a 30-second waiting period. This procedure will be repeated two additional times before beginning in-water pile driving/hammering operations.

11.3 Vessel Interactions In order to minimize impacts from vessel interactions with marine mammals, the crew aboard project vessels will follow NMFS’s marine mammal viewing guidelines and regulations as practicable (NOAA 2020b).

11.4 In-Water or Over-Water Construction Activities During in-water or over-water construction activities, a shutdown zone of 10 meters will be implemented for all marine mammals to prevent physical injury interaction with construction equipment. If any marine mammal is observed in this zone, shutdown will be implemented immediately until the animal has left of its own volition and/or vessel speeds reduced to the minimum level required to maintain steerage and safe working conditions.

11.5 Compensatory Habitat Mitigation The City has requested a permit for the proposed project under Section 404 of the Clean Water Act and Section 11 of the Rivers and Harbors Act from USACE. To receive that permit, the City will be required to avoid, minimize, and mitigate impacts to intertidal habitat. For impacts that cannot be avoided or minimized, the City will coordinate compensatory mitigation with USACE.

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12 Mitigation Measures to Protect Subsistence Uses The project will take place in Ketchikan, which is located in waters south of the 60˚ North latitude demarcation. No activities will take place in or near a traditional Arctic subsistence hunting area. The project will not impact the availability of marine mammals for Arctic subsistence uses and no plan of cooperation is required for this project. Further, as addressed in Section 8, this project is not likely to impact the availability of any marine mammal for subsistence uses. The Ketchikan Indian Community (KIC) was contacted regarding the project. KIC was contacted via email on March 30, 2020 with an overview of the project and a request for any questions, comments or concerns that KIC may have regarding this project on subsistence uses. At the time of this writing KIC has not responded to the request for comments.

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13 Monitoring and Reporting Plans

13.1 Monitoring Plan Monitoring measures for the potential impacts the project could have on marine mammals are discussed briefly in Section 11 and at length in the MMMP (Appendix B). 13.2 Reporting The procedures for reporting are listed below and also in the MMMP (Appendix B). Annual Report A comprehensive annual marine mammal monitoring report documenting marine mammal observations will be submitted to NMFS at the end of the in-water work season. The draft comprehensive marine mammal monitoring report will be submitted to NMFS within 90 calendar days of the end of the in-water work period. The report will include marine mammal observations (pre-activity, during-activity, and post-activity) during pile driving/hammering days. A final comprehensive report will be prepared and submitted to NMFS within 30 calendar days following resolution of comments on the draft report from NMFS. The reports shall include at a minimum: • General data: o Date and time of activity o Water conditions (e.g., sea-state) o Weather conditions (e.g., percent cover, percent glare, visibility) • Pre-activity observational survey-specific data: o Date and time survey initiated and terminated o Description of any observable marine mammals and their behavior in the immediate area during monitoring o Times when in-water construction is delayed due to presence of marine mammals within shutdown zones. • During-activity observational survey-specific data: o Description of any observable marine mammal behavior within monitoring zones or in the immediate area surrounding the monitoring zones, including the following: ▪ Distance from animal to sound source. ▪ Reason why/why not shutdown implemented. ▪ If a shutdown was implemented, behavioral reactions noted and if they occurred before or after implementation of the shutdown. ▪ If a shutdown was implemented, the distance from animal to sound source at the time of the shutdown. ▪ Behavioral reactions noted during soft starts and if they occurred before or after implementation of the soft start. ▪ Distance to the animal from the sound source during soft start. • Post-activity observational survey-specific data: o Results, which include the detections and behavioral reactions of marine mammals, the species and numbers observed, sighting rates and distances,

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o Refined exposure estimate based on the number of marine mammals observed. This may be reported as a rate of take (number of marine mammals per hour or per day), or using some other appropriate metric.

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14 Coordinating Research to Reduce and Evaluate Incidental Take The data recorded during marine mammal monitoring for the proposed project will be provided to NMFS in monitoring reports. These reports will provide information on the usage of the site by humpback whales, Steller sea lions, harbor seals, harbor porpoises, Dall’s porpoises, killer whales and any other marine mammals observed during the project. The monitoring data will inform NMFS and future permit applicants about the behavior and adaptability of pinnipeds and cetaceans for future projects of a similar nature.

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15 Conclusion For the reasons described in this document, COK has determined that the proposed project is likely to result in the Level B harassment of humpback whales, Steller sea lions, harbor seals, Dall’s porpoises, harbor porpoises, killer whales, gray whales, minke whales, and Pacific white-sided dolphins. The project may also result in a limited amount of Level A harassment of the harbor seal, Dall’s porpoise and harbor porpoise. This project has implemented impact minimization measures, including a Marine Mammal Monitoring Plan, to reduce the potential for unauthorized harassment. While the harassment has the potential to result in minor behavioral effects or minor injury to marine mammals present during project activities, these individual impacts will have a negligible effect on the stocks of marine mammals described in this document and their habitats.

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16 Literature Cited 35 FR 18319. 1970. Wildlife and Fisheries; Conservation of Endangered Species and Other Fish or Wildlife. List of Endangered Foreign Fish and Wildlife. Proposed rule. Federal Register Volume 35, Issue 233. December 2, 1970. https://www.gpo.gov/fdsys/pkg/FR-1970-12-02/pdf/FR-1970-12- 02.pdf#page=11 55 FR 12645. 1990. Listing of Steller Sea Lions as Threatened Under Endangered Species Act with Protective Regulations. NMFS, NOAA, U.S. Dept. of Commerce. Emergency interim rule and request for comments. April 5, 1990 58 FR 45269. 1993. Volume 58. No. 165. Designated Critical Habitat: Steller Sea Lion. NMFS, NOAA, U.S. Dept. of Commerce. Final Rule. August 27, 1993. 59 FR 31094. Federal Register. Volume 59. No. 115. Endangered and Threatened Wildlife and Plants: Final Rule to Remove the Eastern North Pacific Population of Gray Whale from the List of Endangered Wildlife. Department of Interior. Fish and Wildlife Service. NMFS, NOAA June, 16, 1994. 62 FR 24345. 1997. Federal Register Volume 62, Issue 108. Threatened Fish and Wildlife; Change in Listing Status of Steller Sea Lions Under the Endangered Species Act. NMFS, NOAA, U.S. Dept. of Commerce. Final Rule. Monday, May 5, 1997 62 FR 30772. Volume 62. No. 108. 50 CFR Part 17. Endangered and Threatened Wildlife and Plants; Change in Listing Status of Steller Sea Lion. Department of Interior. Fish and Wildlife Service. June 5, 1997. Pp. 30772 – 30773. 78 FR 66140. 2013. Federal Register Volume 78, Issue 213. Endangered and Threatened Species; Delisting of the Eastern Distinct Population Segment of Steller Sea Lion Under the Endangered Species Act; Amendment to Special Protection Measures for Endangered Marine Mammals. NMFS, NOAA, U.S. Dept. of Commerce. Final Rule. Monday, November 4, 2013 81 FR 62260. 2016. Federal Register Volume 81, Issue 174. Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Revision of Species-Wide Listing. NMFS, NOAA, U.S. Dept. of Commerce. Final Rule. Thursday, September 8, 2016. 82 FR 34632. 2017. Federal Register Volume 82. No. 142. Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Gary Paxton Industrial Park Dock Modification Project. July 26, 2017. 83 FR 22009. 2018. Federal Register Volume 83. No. 92. Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Ketchikan Berth IV Expansion Project. May 11, 2018. 84 FR 36891. Federal Register Volume 84. Issue No. 146. Takes of Marine Mammals Incidental to Specified Activities: Taking Marine Mammals Incidental to Confined Rock Blasting Near Ketchikan, Alaska. NMFS, NOAA, U.S. Dept. of Commerce. Issuance of Incidental Harassment Authorization. July 30, 2019. 84 FR 54354. Federal Register Volume 84. No. 196. Endangered and Threatened Wildlife and Plants: Proposed Rule to Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. Pp. 54354 - 54391. October 19, 2019. 84 CFR 64847. Federal Register Volume 84. Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Parallel Thimble Shoal Tunnel Project in Virginia Beach, Virginia A Notice by the National Oceanic and Atmospheric Administration; Pages 64847-64872

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85 FR 673. Federal Register Volume 85. Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows, Alaska. NMFS, NOAA, U.S. Dept. of Commerce. Issuance of Incidental Harassment Authorization. January 7, 2020. Pages 673 – 702. Alaska Department of Fish and Game (ADFG). 2020 a. Alaska Fish Resource Monitor. Accessed March 30, 2020 at https://adfg.maps.arcgis.com/apps/MapSeries/index.html?appid= a05883caa7ef4f7ba17c99274f2c198f ADFG. 2020b. Anadromous Waters Catalog. Accessed online on March 30, 2020 at https://www.adfg.alaska.gov/sf/SARR/AWC/ Alaska Department of Environmental Conservation’s (ADEC) Contaminated Sites Database. Accessed online April 14, 2020 at http://www.arcgis.com/home/webmap/viewer.html?webmap= 315240bfbaf84aa0b8272ad1cef3cad3 Alaska Department of Transportation. 2020. Alaska Marine Highway System. Accessed online at https://dot.alaska.gov/amhs/route.shtml on April 22, 2020. Allen, B. M., and R. P. Angliss. 2014. Alaska marine mammal stock assessments, 2013. Au, W.W.L., A.A. Pack, M.O. Lammers, L.M. Herman, M.H. Deakos, and K. Andrews. 2006. Acoustic properties of humpback whale songs. Journal of Acoustical Society of America 120 (2):1103-1110. Smith, Melanie. 2011. Place-based Summary of the Arctic Marine Synthesis. Atlas of the Chukchi and Beaufort Seas. Prepared for Audubon Alaska. Anchorage, Alaska. September 2011. Austin, M., S. Denes, J. MacDonnell, and G. Warner. 2016. Hydroacoustic Monitoring Report: Anchorage Port Modernization Project Test Pile Program. Version 3.0. Technical report by JASCO Applied Sciences for Kiewit Infrastructure West Co. Baker, C.S., L.M. Herman, A. Perry, W.S. Lawton, JM Straley, JH Straley. 1985. Population characteristics and migration of summer and late-season humpback whales (Megaptera novaeangliae) in southeastern Alaska. Mar. Mamm. Sci. 1:304-323. Barrett-Lennard, L.G., C.O. Matkin, J.W. Durban, E.L. Saulitis, and D. Ellifrit. 2011. Marine Ecology Progress Series: 421: 229-241. Bettridge, S., C.S. Baker, J. Barlow, P.J. Clapham, M. Ford, D. Gouveia, D.K. Mattila, R.M. Pace, III, P.E. Rosel, G.K. Silber, P.R. Wade. 2015. Status Review of The Humpback Whale (Megaptera novaeangliae) Under the Endangered Species Act. March 2015. Department of Commerce, NOAA Technical Memo. NOAA-TM-NMFS-SWFSC-540 Burkanov, V and TR Loughlin. 2005. Distribution and abundance of Steller sea lions on the Asian coast, 1720’s– 2005. Mar. Fish. Rev. 67(2): 1-62. Calambokidis, J., E. A. Falcone, T. J. Quinn, A. M. Burdin, P. J. Clapham, J. K. B. Ford, C. M. Gabriele, R. LeDuc, D. Mattila, L. Rojas-Bracho, J. M. Straley, B. L. Taylor, J. Urbán R., D. Weller, B. H. Witteveen, M. Yamaguchi, A. Bendlin, D. Camacho, K. Flynn, A. Havron, J. Huggins, and N. Maloney. 2008. SPLASH: Structure of Populations, Levels of Abundance and Status of Humpback Whales in the North Pacific. Final Report for Contract AB133F-03-RP-00078, U.S. Dep. Commer., Western Administrative Center, Seattle, WA. Available online: http://www.cascadiaresearch.org/files/Projects/ Archived_projects/SPLASH/SPLASH-contract-Report-May08.pdf Caltrans, 2015. Buehler, D., R. Oestman, J. Reyff, K. Pommerenck, B. Mitchell. 2015. Technical Guidance for Assessment and Mitigation of the Hydroacoustic Effects of Pile Driving on Fish. Written for the California Dept. of Transportation, Div. of Environmental Analysis, Environmental Engineering, Hazardous Waste, Air, Noise, Paleontology Office. Sacramento, CA.

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Carretta J, K. Forney, E. Oleson, D. Weller, A. Lang, J. Baker, M. Muto, B. Hanson, A. Orr, H. Huber, M. Lowry, J. Barlow, J. Moore, D. Lynch, L. Carswell, and R. Brownell Jr. 2019. U.S. Pacific Marine Mammal Stock Assessments: 2018. NOAA-TM-NMFS-SWFSC-617 Carretta,J. V. Forney, Karin. A. Oleson, Erin M. Weller, David W. Lang, Aimee R. Baker, Jason. Muto, Marcia M. Hanson, Brad. Orr, Anthony J. Huber, Harriet. Lowry, Mark S. Barlow, Jay. Moore, Jeffrey E. Lynch, Deanna. Carswell, Lilian. Robert L. Brownell Jr., Robert L. 2019. U.S. Pacific Marine Mammal Stock Assessments: 2018. U.S. Department of Commerce, NOAA Technical Memorandum NMFS- SWFSC-617. Chenoweth EM, JM Straley, MV McPhee, S Atkinson, S Reifenstuhl. 2017 Humpback whales feed on hatchery released juvenile salmon. R. Soc. open sci. 4: 170180. Chumbley, K, J Sease, M Strick, and R Towell. 1997. Field studies of Steller sea lions at Marmot Island Alaska 1979 through 1994. NOAA Tech Memo NMFS-AFSC-77. 111 pages. Dahlheim, M., A. York, R. Towell, J. Waite, and J. Breiwick. 2000. Harbor porpoise (Phocoena phocoena) abundance in Alaska: Bristol Bay to Southeast Alaska, 1991-1993. Marine Mammal Science 16:28-45. Dahlheim, M.E., P.A. White, and J.M. Waite. 2009. Cetaceans of Southeast Alaska: distribution and seasonal occurrence. Journal of Biogeography 36:410–426. Dahlheim, M.E., A.N. Zerbini, J.M. Waite, and A.S. Kennedy. 2015. Temporal changes in abundance of harbor porpoise (Phocoena phocoena) Denes, S. L., G.J. Warner, M.E. Austin, and A.O. MacGillivray. 2016. Hydroacoustic Pile Driving Noise Study – Comprehensive Report. Document 001285, Version 2.0. Technical report by JASCO Applied Sciences for Alaska Department of Transportation & Public Facilities. Denes, S., J. Vallarta, and D. Zeddies. 2019. Sound Source Characterization of Down-the-Hole Hammering: Thimble Shoal, Virginia. Document 001888, Version 1.0. Technical report by JASCO Applied Sciences for Chesapeake Tunnel Joint Venture. Department of the Navy (DoN). 2008. Marine Resources Assessment Update for the Virginia Capes Operating Area. Department of the Navy, U.S. Fleet Forces Command, Norfolk, Virginia. Contract #N62470-02- D-9997, CTO 0056. Prepared by Geo-Marine, Inc., Hampton, Virginia. Eguchi, T., & J. T. Harvey. 2005. Diving behavior of the Pacific harbor seal (Phoca vitulina richardii) in Monterey Bay, California. Marine Mammal Science, 21(2), 283-295. Erbe, Christine. Dunlop, Rebecca. Dolman, Sarah. 2018. Effects of Noise on Marine Mammals. 10.1007/978- 1-4939-8574-6-6_10. Fleming, A. and J. Jackson. 2011. Global Review of Humpback Whales (Megaptera novaeangliae). U.S. Dept. of Commerce, NOAA, NMFS, Southwest Fisheries Science Center. Technical Memorandum. NOAA- TM-NMFS-SWFSC-474. Foote AD, Morin PA, Durban JW, Willerslev E, Orlando L, Gilbert MTP . (2011). Out of the Pacific and back again: insights into the matrilineal history of Pacific killer whale ecotypes. PLoS ONE 6: e24980. Freitag, G. 2017. Personal communication between Kate Arduser, Solstice Alaska Consulting, Inc. and Gary Freitag, University of Alaska Fairbanks College of Fisheries and Ocean Sciences Associate Professor Marine Advisory Program, member of NOAA Marine Mammal Stranding Network, and longtime Ketchikan resident, regarding marine mammal occurrence, behavior, and typical groups size in Ketchikan vicinity. As cited by Solstice 2019. Fritz, L., K. Sweeney, D. Johnson, M. Lynn, T. Gelatt, and J. Gilpatrick. 2013. Aerial and ship-based surveys of Steller sea lions (Eumetopias jubatus) conducted in Alaska in June-July 2008 through 2012, and an update on the status and trend of the western distinct population segment in Alaska. U.S. Dep. Commer., NOAA Tech. Memo. NMFS-AFSC-251, 91 p.

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Geoengineers. 2019. Removal of Berth II Rock Pinnacle Project, Ketchikan, Alaska: Application for MMPA Incidental Harassment Authorization. Prepared for the City of Ketchikan. Ketchikan, Alaska. Gjertz, I., C. Lydersen, O. Wiig. 2001. Distribution and diving of harbour seals (Phoca vitulina) in Svalbard. Polar Biol (2001) 24: 209-214. Springer-Verlag. Hastings, K., M. Rehberg, G. O’Corry-Crowe, G. Pendleton, L. Jemison and T. Gelatt. 2020. Demographic consequences and characteristics of recent population mixing and colonization in Steller sea lions, Eumetopias jubatus. Journal of Mammalogy. Submitted June 2019. Hastings, Mardi C. Popper Arthur N. 2005. Effects of Sound on Fish. Revised August 23, 2005. Prepared for California Department of Transportation. Contract No. 43A0139, Task Order 1. Sacramento, CA. HDR. 2019. Tongass Narrows Project: Application for MMPA Incidental Harassment Authorizations Revision Number 4. Report prepared for Alaska Department of Transportation & Public Facilities, Juneau, Alaska. Hobbs, R. C., and J. M. Waite. 2010. Abundance of harbor porpoise (Phocoena phocoena) in three Alaskan regions, corrected for observer errors due to perception bias and species misidentification, and corrected for animals submerged from view. Fish. Bull., U.S. 108(3):251-267. Jacobs, S.R. and J.M. Terhune. 2002. The effectiveness of acoustic harassment devices in the Bay of Fundy, Canada: seal reactions and a noise exposure model. Aquatic Mammals, 28.2: 147-158. Jefferson TA, Webber MA, Pitman RL. 2015. Marine mammals of the world: a comprehensive guide to their identification. 2nd ed. London: Academic Press. Jefferson, T.A., M.E. Dahlheim, A.N. Zerbini, J.M. Waite and A.S. Kennedy. 2019. Abundance and Seasonality of Dall’s Porpoise (Phocoenoides dalli) in Southeast Alaska. NOAA Technical Memorandum NMFS- AFSC-385. Jemison L.A., Pendleton G.W., Fritz L.W., Hastings K.K., Maniscalco J.M., et al. 2013. Inter-population movements of Steller sea lions in Alaska with implications for population separation. PLoS ONE 8(8): e70167. doi:10.1371/journal.pone.0070167 Kastak, D. and R.J. Schusterman. 1998. Low frequency amphibious hearing in pinnipeds: Methods, measurements, noise, and ecology. Journal of the Acoustical Society of America. 103(4): 2216-2228. Kastelein, R.A., R. van Schie, W. Verboom, and D. Haan. 2005. Underwater hearing sensitivity of a male and a female Steller sea lion (Eumetopias jubatus). Journal of the Acoustical Society of America 118:1820-1829. Kastelein, R.A., P.W. Wensveen, L. Hoek. 2009. Underwater hearing sensitivity of harbor seals (Phoca vitulina) for narrow noise bands between 0.2 and 80 kHz. The Journal of the Acoustical Society of America 126, 476. July 2009. Kajimura, H. and T.R. Loughlin. 1988. Marine Mammals in the Oceanic Food Web of the Eastern Subarctic Pacific. Bulletin of the Ocean Research Institute, University of Tokyo 26:187-223. Kawamura A. 1980 A review of food of balaenopterid whales. Sci. Reports Whales Res. Inst. 32, 155–197. Klinkhart, E., K. Pitcher, G. Blundell. 2008. Harbor Seal. Alaska State Dept. of Fish and Game. Revised and reprinted 2008. Accessed from https://www.adfg.alaska.gov/static/education/wns/harbor_seal.pdf. Krieger, KJ, BL Wing. 1986. Hydroacoustic monitoring of prey to determine humpback whale movements. NOAA Tech. Memo. 60 (NMFS-F/NWC-98). Laughlin, J. 2010. Memorandum: Airborne Noise Measurements (A-weighted and un-weighted) during Vibratory Pile Installation – Technical Memorandum. Washington State Dept. of Transportation. Laughlin, J. 2011. Underwater Sound Levels Associated with Driving 72-inch Steel Piles at the SR 529 Ebey Slough Bridge Replacement Project. Washington State Department of Transportation Liddle, Joseph. 2015. Population Dynamics of Pacific Herring and Humpback Whales, Sitka Sound, Alaska 1981- 2011 (doctoral dissertation). University of Alaska Fairbanks.

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Limpinsel, D. E., Eagleton, M. P., and Hanson, J. L,. 2017. Impacts to Essential Fish Habitat from Non-Fishing Activities in Alaska. EFH 5 Year Review: 2010 through 2015. U.S. Dep. Commer., NOAA Tech. Memo. NMFS-F/AKR-14, 229p. Loughlin, TR, DJ Rugh, and CH Fiscus. 1984. Northern sea lion distribution and abundance: 1956-1980. J. Wildl. Manage. 48:729-740. Marine Mammal Center. 2020. Gray Whale. Accessed online at https://www.marinemammalcenter.org/ education/marine-mammal-information/cetaceans/gray-whale.html on April 22, 2020. Merrick, R.L., M.K. Chumbley, and G.W. Byrd. 1997. Diet Diversity of Steller Sea Lions and Their Population Decline in Alaska: A Potential Relationship. Canadian Journal of Fisheries and Aquatic Science. 54(6):1342-1348. Miner, Robert. 2018. Sound Source Verification. Down-hole Hammer Operation, August 12 & 15, 2018. Vibratory Hammer Operation, August 15, 2018. Biorka Island Dock Replacement Project, Southeast Alaska. 8 pp. Moran, J.R., R.A. Heintz, J.M. Straley, J.J. Vollenweider. 2018. Regional variation in the intensity of humpback whale predation on Pacific herring in the Gulf of Alaska. Deep-Sea Research Part II: Topical Studies in Oceanography, Vol. 147, pp. 187–195. January 2018. http://dx.doi.org/10.1016/j.dsr2.2017.07.010 Moran, J.R., M.B. O’Dell, M.L. Arimitsu, J.M. Straley, and D.M.S. Dickson. 2018b. Seasonal distribution of Dall’s porpoise in Prince William Sound, Alaska. Deep-Sea Research Part II 147:164-172. Muto, M. M., V. T. Helker, R. P. Angliss, P. L. Boveng, J. M. Breiwick, M. F. Cameron, P. J. Clapham, S. P. Dahle, M. E. Dahlheim, B. S. Fadely, M. C. Ferguson, L. W. Fritz, R. C. Hobbs, Y. V. Ivashchenko, A. S. Kennedy, J. M. London, S. A. Mizroch, R. R. Ream, E. L. Richmond, K. E. W. Shelden, K. L. Sweeney, R. G. Towell, P. R. Wade, J. M. Waite, and A. N. Zerbini. Alaska marine mammal stock assessments, 2018. U.S. Dep. Commerce, NOAA Tech. Memo. NMFS-AFSC-393. June 2019. Muslow, J. and C. Reichmuth. 2010. Psychophysical and electrophysiological aerial audiograms of a Steller sea lion (Eumetopias jubatus). Journal of the Acoustical Society of America. 127:2692-2701. Nemoto, T. 1957. Foods of the baleen whales of northern Pacific. Sci. Rep. Whal. Res. Inst. 12, 33–89. NOAA. 2015. Nautical Chart 17428 – Revillagigedo Channel NOAA. 2020. Alaska Harbor Seal Abundance 2018. Accessed online at https://noaa.maps.arcgis.com/home/ item.html?id=2c6ca3e595024d3990127bfe061d7ed3 on April 22, 2020. NOAA. 2020b. Viewing Marine Mammals. Accessed online at https://alaskafisheries.noaa.gov/ protectedresources/mmv/guide.htm on April 22, 2020. NMFS. 2015 (accessed). Interim Sound Threshold Guidance. West Coast Region, NMFS, NOAA, U.S. Dept. of Commerce. Retrieved from: www.westcoast.fisheries.noaa.gov/protected_16species/ marine_mammals/threshold_guidance.html NMFS. 2016 as revised 2018, as revised 2020. Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing. NMFS, NOAA, U.S. Dept. of Commerce. NOAA Technical Memorandum NMFS-OPR-55. July 2016. Accessed on April 22, 2020 at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic- technical-guidance NMFS. 2018a, as revised 2020. Manual for Optional User Spreadsheet Tool (Version 2.0) for: 2018 Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0): Underwater Thresholds for Onset of Permanent and Temporary Threshold Shifts. Silver Spring Maryland: Office of Protected Resources, National Marine Fisheries Service. NMFS. 2018b. 2018 Revision to Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing. NMFS, NOAA, U.S. Dept. of Commerce. NOAA Technical Memorandum NMFS-OPR-59. Retrieved from: https://www.fisheries.noaa.gov/webdam/download/75962998

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NMFS. 2019a. Biological Opinion for the Tongass Narrows Project (Gravina Access). NMFS Consultation Number: AKRO-2019-03432. Juneau, Alaska. NMFS. 2020a. Nearshore Fish Atlas. Accessed for Ketchikan vicinity on March 26, 2020 at https://alaskafisheries.noaa.gov/mapping/szflex/index.html?T=FA%40L%3DB NMFS. 2020. Fisheries Home » Protected Resources » Steller Sea Lion (Eumetopias jubatus). As viewed April 2020 at https://www.fisheries.noaa.gov/species/steller-sea-lion NMFS. 2020b. Fisheries Home » Protected Resources » Dall’s Porpoise (Phocoena phocoena). As viewed September 2019 at https://www.fisheries.noaa.gov/species/harbor-porpoise NMFS. 2020c. Fisheries Home » Protected Resources » Harbor Porpoise (Phocoenoides dalli). As viewed April 2020 at https://www.fisheries.noaa.gov/species/harbor-porpoise NMFS. 2020d. Fisheries Home » Protected Resources » Killer Whale (Orcinus Orca). As viewed September 2019 at https://www.fisheries.noaa.gov/species/killer-whale NMFS. 2020e. Fisheries Home » Protected Resources » Species Minke Whale (Balaenoptera acutorostrata). As viewed April 2020 at https://www.fisheries.noaa.gov/species/minke-whale#management NMFS. 2020f. Fisheries Home » Protected Resources » Gray Whale (Eschrichtius robustus). Accessed August 2019 at https://www.fisheries.noaa.gov/species/gray-whale NMFS. 2020g. NOAA Fisheries. Pacific White-sided Dolphin. Accessed online at https://www.fisheries.noaa.gov/species/pacific-white-sided-dolphin on April 22, 2020. Nowacek, DP, LH Thorne, D.W. Johnston, And PL Tyack. 2007. Responses of cetaceans to anthropogenic noise. Mammal Rev. 37(2):81–115. NPFMC. 2009b. Environmental Assessment/ Regulatory Impact Review/ Final Regulatory Flexibility Analysis for the Arctic Fishery Management Plan and Amendment 29 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs. August 2009 NUKA Research and Planning Group, LLC. 2012. Southeast Alaska Vessel Traffic Study. July 23, 2012. Revision 1. Prepared for the Alaska Department of Environmental Conservation Parsons, K. J.W. Durban, A. M. Burdin, V.N. Burkanov, R. L. Pitman, J. Barlow, L.G. Barrett-Lennard, R.G. LeDuc, K.M. Robertson, C.O. Matkin, and P.R. Wade. 2013. Geographic Patterns of Genetic Differentiation among Killer Whales in the Norther North Pacific. J. Hered: published online July 11, 2013 doi:10.1093/jhered/est037. Pitcher, K.W. and D.G. Calkins. 1979. Biology of the Harbor Seal, Phoca vitulina richardii, in the Gulf of Alaska. Report for the Outer Continental Shelf Environmental Assessment Program. NOAA, U.S. Dept. of Commerce. Pitcher, K.W. 1981. Prey of the Steller Sea Lion in the Gulf of Alaska. Fisheries Bulletin Seattle. 79:467-472. Pitman, R. L. and J. W. Durban. 2011. Cooperative hunting behavior, prey selectivity and prey handling by pack ice killer whales (Orcinus orca), type B, in Antarctic Peninsula waters. Marine Mammal Science. (doi: 10.1111/j.1748-7692.2010.00453.x). PND. 2006. Geotechnical Investigation. City of Ketchikan Port Berth Reconfiguration/Expansion. Prepared for the City of Ketchikan. Seattle, WA. PND. 2008. Revised 2011. Statter Harbor Improvements Sound Study. Prepared for CBJ Docks and Harbors Department. Juneau, Alaska. Popper, Arthur. Hastings, Mardi. 2009. The effects of human-generated sound on fish. Integrative Zoology. 2009; 4: 43-52. Rehberg, M.J. and S.T. Zimmerman. 2008. Steller sea lion. Alaska State Dept. of Fish and Game. Revised and reprinted 2008. Accessed on 12/11/19 from https://www.adfg.alaska.gov/ static/education/wns/steller_sea_lion.pdf

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Rehberg, Michael J. 2008. Steller Sea Lion. Alaska Fish and Game. Original text by Stephen T. Zimmerman. 1994. Accessed online at https://www.adfg.alaska.gov/static/education/wns/steller_sea_lion.pdf on April 22, 2020. Reyff, James. Heyvaert, Cameron. 2019. White Pass & Yukon Railroad Mooring Dolphin Installation. Pile Driving and Drilling Sound Source Verification. Report prepared for PND Engineers, Seattle, WA. Reyff, James. Heyvaert, Cameron. 2019. Updated. White Pass & Yukon Railroad Mooring Dolphin Installation. Pile Driving and Drilling Sound Source Verification. Report prepared for PND Engineers, Seattle, WA. Reyff, James. 2020. Unpublished Draft Review of Down-the-Hole Rock Socket Drilling Acoustic Data Measured for White Pass & Yukon Route (WP&YR) Mooring Dolphins. Ruggerone, G.T., S. Goodman, and R. Miner, 2008. Behavioral Response and Survival of Juvenile Coho Salmon Exposed to Pile Driving Sounds. Prepared for the Port of Seattle, Seattle, Washington, by Natural Resources Consultants, Inc., Seattle, Washington. Schuler A.R., and Pearson, H.C. 2019. Conservation benefits of whale-watching in Juneau, AK. Tourism in Marine Environments. 14: 231-248 Sease, J.L. 1992. Status Review: Harbor Seals (Phoca vitulina) in Alaska. Alaska Fisheries Science Center. NMFS, NOAA, U.S. Dept. of Commerce. December, 1992. Seattle, Washington. Sitkiewicz, Sioned. 2020. 2019-2020 City of Ketchikan Rock pinnacle Removal Project Marine Mammal Monitoring and Mitigation Report. Prepared for National Marine Fisheries Service, Alaska Region, Protected Resources Division, 222 W. 7th Avenue, #43 Anchorage, AK 99513; National Marine Fisheries Service, Permits and Conservation Division, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD, 20910. Prepared by Fairweather Science, LLC, 301 Calista Court, Anchorage, AK 99518. April 2020. Solstice. 2020. Ward Cove Cruise Ship Dock Project, Ward Cove, Ketchikan, Alaska. Application for MMPA Incidental Harassment Authorization. Prepared for Power Systems & Supplies of Alaska, Ketchikan, Alaska. Southall, B. L., A. E. Bowles, W. T. Ellison, J. J. Finneran, R. L. Gentry, C. R. Greene, D. Kastak, D. R. Ketten, J.H. Miller, P. E. Nachtigall, W. J. Richardson, J. A. Thomas, and P. L. Tyack. 2007. Marine Mammal Noise-Exposure Criteria: Initial Scientific Recommendations. Aquatic Mammals 33(4): 409-521. Retrieved from: http://thecre.com/pdf/Aquatic_Mammals_33_4_FINAL.pdf. Straley, JM. 1990. Fall and winter occurrence of humpback whales (Megaptera novaeangliae) in southeastern Alaska. pp 319-323 in Hammond, PS, SA Mizroch, and GP Donovan (eds) Rept. Int. Whal. Commn. (Special Issue 12): Individual Recognition of Cetaceans: Use of Photo-Identification and Other Techniques to Estimate Population Parameters. International Whaling Commission. Straley, J.M., J.R. Moran, K.M. Boswell, J.J. Vollenweider, R.A. Heintz, T.J. Quinn II, B.H. Witteveen, S D. Rice. 2017. Seasonal presence and potential influence of humpback whales on wintering Pacific herring populations in the Gulf of Alaska. Deep-Sea Research Part II: Topical Studies in Oceanography http://dx.doi.org/10.1016/j.dsr2.2017.08.008 Szymanksi, M.D., D.E. Bain, K. Kiehl, S. Pennington, S. Wong, and K.R. Henry. 1999. Killer whale (Orcinus orca) hearing: Auditory brainstem response and behavioral audiograms. Journal of the Acoustical Society of America, Volume 106, No. 2. August 1999. Teerlink. S.F. 2017. Humpback whales and humans: a multi-disciplinary approach to exploring the whale watching industry in Juneau, Alaska. Thesis (Ph.D.) University of Alaska Fairbanks, 2017. Accessed on 12/12/2019 at https://scholarworks.alaska.edu/handle/11122/7644. Terhune JM and Turnbull S. 1995. Variation in the psychometric functions and hearing thresholds of a harbor seal. In: U.S. Fish and Wildlife. 2012. Observer Protocols for Pile Driving, Dredging and Placement of Fill. Draft. Anchorage Field Office. USFWS. Dept. of Interior. August 7, 2012.

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United States Navy. 2015. Proxy source sound levels and potential bubble curtain attenuation for acoustic modeling of nearshore marine pile driving at Navy installations in Puget Sound. Prepared by Michael Slater, Naval Surface Warfare Center, Carderock Division, and Sharon Rainsberry, Naval Facilities Engineering Command Northwest. Revised January 2015. Vollenweider, J.J., Heintz, R.A., Schaufler, L., Bradshaw, R., 2011. Seasonal cycles in whole body proximate composition and energy content of forage fish vary with water depth. Mar Biol. 158, 413-42 Vu ET, Risch D, Clark C, Gaylord S, Hatch L, et al. (2012) Humpback whale song occurs extensively on feeding grounds in the western North Atlantic Ocean. Aquatic Biology 14: 175–183. Wade, P.R., T.J. Quinn II, J. Barlow, C.S. Baker, A.M. Burdin, J. Calambokidis, P.J. Clapham, E. Falcone, J.K.B. Ford, C.M. Gabriele, R. Leduc, D.K. Mattila, L. Rojas-Bracho, J. Straley, B.L. Taylor, J. Urbán, D. Weller, B.H. Witteveen, and M. Yamaguchi. 2016. Estimates of abundance and migratory destination for North Pacific humpback whales in both summer feeding areas and winter mating and calving areas. Paper SC/66b/IA21 submitted to the Scientific Committee of the International Whaling Commission, June 2016, Bled, Slovenia. Available at www.iwcoffice.org. Witteveen, B.H., R.J. Foy, K.M. Wynne, Y. Tremblay. 2008. Investigation of foraging habits and prey selection by humpback whales (Megaptera novaeangliae) using acoustic tags and concurrent fish surveys. Mar. Mamm. Sci. 24: 516–534. Witteveen, B. Worth, G. Roth, J. 2009. Tracing Migratory movements of breeding North Pacific humpback whales using stable isotope analysis. Mar. Ecol. Prog. Ser. 393 (2009), pages 173 – 183. Witteveen, B.H. and K.M. Wynne. 2017. Site fidelity and movement of humpback whales (Megaptera novaeangliae) in the western Gulf of Alaska as revealed by photo-identification. Can. J. Zool. 95: 169–175 dx.doi.org/10.1139/cjz-2016-0101 Wolfe, RJ, J Bryant, L Hutchinson-Scarborough, M Kookesh, and LA Sill. 2013. The Subsistence Harvest of Harbor Seals and Sea Lions in Southeast Alaska in 2012. Alaska Department of Fish and Game, Division of Subsistence, Technical Paper No. 383, Anchorage, Alaska Wolski, L.F., R.C. Anderson, A.E. Bowles, P.K. Yochem. 2003. Measuring hearing in the harbor seal (Phoca vitulina): Comparison of behavioral and auditory brainstem response techniques. J. Acoust. Soc. Am. 113 (1), January 2003. [DOI: 10.1121/1.1527961] Womble, J.N., M.F. Sigler and M.F. Willson. 2009. Linking seasonal distribution patterns with prey availability in a central-place forager, the Steller sea lion. Journal of Biogeography 36(3): 439-451. WSDOT. 2017. Request for an Incidental Harassment Authorization under the Marine Mammal Protection Act for the Seattle Multimodal Project at Colman Dock. Prepared for WSDOT By Washington State Ferries and National Marine Fisheries Service. March 2017.

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Appendix A. Project Permit Drawings

Incidental Harassment Authorization Request KTN Berth III New Mooring Dolphins Project

Appendix B. Marine Mammal Monitoring and Mitigation Plan

Marine Mammal Monitoring and Mitigation Plan for the City of Ketchikan Berth III New Mooring Dolphins Project

City of Ketchikan Port and Harbors Ketchikan, Alaska

Draft September 2020

Submitted to: National Marine Fisheries Service Office of Protected Resources 1315 East-West Highway Silver Spring, Maryland 20910-3226

Prepared by: PND Engineers, Inc. 1736 Fourth Avenue, Suite A Seattle, Washington 98134 (206) 624-1387

Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins

TABLE OF CONTENTS SECTION PAGE 1 Introduction ...... 1 2 Project Description ...... 2 3 Species Covered Under IHA ...... 3 4 Methods...... 3 4.1 Observer Qualifications ...... 4 4.2 Data Collection ...... 4 4.3 Equipment ...... 5 4.4 Shutdown and Monitoring Zones ...... 5 4.5 Observer Monitoring Locations ...... 8 4.6 Monitoring Techniques ...... 9 4.6.1 Pre-Activity Monitoring ...... 9 4.6.2 Soft Start Procedures ...... 9 4.6.3 During-Activity Monitoring ...... 10 4.6.4 Inclement weather ...... 10 4.6.5 Shutdown ...... 10 4.6.6 Breaks in Work ...... 11 4.6.7 Post-Activity Monitoring ...... 11 5 Reporting ...... 11 5.1 Injured or Dead Marine Mammal ...... 11 5.2 Annual Report ...... 12

LIST OF TABLES Table 1. Shutdown and Monitoring Zones for Each Activity ...... 6

LIST OF FIGURES Figure 1. Vicinity Map ...... 2 Figure 2. Project locations...... 3 Figure 3 General observer locations for monitoring of the shutdown and monitoring zones...... 9

LIST OF APPENDICES Appendix A. Shutdown and Monitoring Zones Appendix B. Marine Mammal Observation Record

Page | i Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins

ACRONYMS AND ABBREVIATIONS

• COK City of Ketchikan • ESA Endangered Species Act • GPS global positioning system • HFC High frequency Cetacean • IHA Incidental Harassment Authorization • LFC Low frequency Cetacean • 4MP Marine Mammal Monitoring and Mitigation Plan • MD Mooring Dolphin • MFC Mid-frequency Cetacean • MMPA Marine Mammal Protection Act • NMFS National Marine Fisheries Service • NOAA National Oceanic and Atmospheric Administration • OTA Otariid Pinniped • PHO Phocid Pinniped • PND PND Engineers, Inc. • PSO Protected Species Observer (or observer) • PTS permanent threshold shift • SPL sound pressure level • TTS temporary threshold shift

Page | ii Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins

1 Introduction The City of Ketchikan is proposing three new Berth III mooring dolphins (MD) in Ketchikan, Alaska (Figure 1) to provide safe moorage for a Norwegian Breakaway Plus (Bliss) class cruise ship vessel, or similar. The purpose of this Marine Mammal Monitoring and Mitigation Plan (4MP) is to provide a plan for monitoring marine mammal species during the proposed construction. This 4MP was developed to support the Incidental Harassment Authorization (IHA) application under the Marine Mammal Protection Act, Section 101(a)(5)(D) permitting. The IHA application provides a detailed discussion for determining monitoring zones for the proposed action. The marine mammal monitoring program will be implemented at the start of construction activities following the protocols outlined in this 4MP. The goals of the monitoring program are to: • Monitor the proposed shutdown and monitoring zones to estimate the number of marine mammals exposed to noise at or exceeding established thresholds, and to document animal responses; • Minimize impacts to marine mammal species present in the action area by implementing mitigation measures that include monitoring, ensuring shutdown zones are clear of marine mammals, soft start, and shutdown procedures; and • Collect data on takes, occurrence, and behavior of marine mammal species in the action area and any potential impacts from the project.

Page 1 Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins

Figure A. Vicinity Map 2 Project Description A complete project description is included in Section 1 of the IHA application for this project. The proposed project consists of installing three new mooring dolphins, one to the north of Berth III and two to the south (Figure 2). Construction activities include site mobilization, installation of temporary weather structures and templates, installation of permanent piles, vibratory and impact pile driving, hammering, pile splicing, pile-to-

Page 2 Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins dolphin cap welding and installation of a catwalk. For more information regarding the design of the proposed feature, refer to Appendix A Project Drawings of the IHA application.

MD#2

MD#3

MD#4

Figure B. Project locations. 3 Species Covered Under IHA Species covered by the IHA are humpback whales (Megaptera novaeangliae) (including the ESA-listed Mexico Distinct Population Segment, Steller sea lions (Eumetopias jubatus), harbor seals (Phoca phocoena), harbor porpoises (Phocoena phocoena), Dall’s porpoises (Phocoenoides dalli), killer whales (Orcinus orca), gray whales (Eschrichtius robustus) and minke whales (Balaenoptera acutorostrata). The proposed project may result in the Level B harassment of humpback whales, gray whale, Steller sea lions, harbor seals, harbor porpoises, Dall’s porpoises, killer whales and minke whales and Level A harassment of harbor seal, Dall’s porpoise and harbor porpoise. 4 Methods In accordance with the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), this 4MP is tailored to the project to ensure appropriate documentation and compliance with applicable regulations. Monitoring will be conducted by qualified, trained marine mammal observers (hereafter, “observers”). Land- based observers will be located at optimal sites for monitoring before, during, and after in-water construction activity to detect marine mammals within and approaching the shutdown and monitoring zones.

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During observation periods, observers will continuously scan the area for marine mammals using binoculars and the naked eye. Observers will work shifts of a maximum four consecutive hours followed by an observer rotation or a 1-hour break and will work no more than 12 hours in any 24-hour period. Observers will collect data including environmental conditions (e.g., sea state, precipitation, glare), marine mammal sightings (e.g., species, numbers, location, behavior, responses to construction activity), construction activity at the time of sighting, and number of marine mammal exposures (takes). Observers will conduct observations, meet training requirements, fill out data forms, and report findings in accordance with this 4MP and requirements outlined in the approved IHA. Observers will implement mitigation measures including: monitoring of the proposed shutdown and monitoring zones, ensuring shutdown zones are clear of marine mammals prior to starting operations, and initiating shutdown procedures if marine mammals are observed approaching or within the appropriate shutdown zones. The observers will be in continuous contact with each other and with construction personnel via two-way radio. A cellular phone or satellite phone will be used as back-up communications and for safety purposes. A clear authorization and communication system will be in place to ensure that the observers and construction crew understand roles and responsibilities. An employee of the construction contractor will be identified as the monitoring coordinator for observers at the start of each construction day. Observers will report directly to the monitoring coordinator when a shutdown is deemed necessary due to marine mammals approaching or within the applicable shutdown zones during pile driving or hammering activity. 4.1 Observer Qualifications Monitoring will be conducted by qualified, trained observers. A qualified observer must meet the following requirements: • Visual acuity in both eyes (correction is permissible) sufficient for discernment of moving targets at the water’s surface with ability to estimate target size and distance; • Experience and ability to conduct field observations and collect data according to assigned protocols; • Experience or training in the field identification of marine mammals, including the identification of behaviors, with ability to accurately identify marine mammals in Alaskan waters to species; • Sufficient training, orientation or experience with the construction operation to provide for personal safety during observations; • Writing skills sufficient to prepare a report of observations; and • Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary. 4.2 Data Collection Observers will use a NMFS-approved Marine Mammal Observation Record (Appendix A) which will be completed by each observer for each survey day. Observation Records will record the following: • Date and time that pile driving begins or ends; • Construction activities occurring during each sighting; • Weather parameters (e.g. percent cover, percent glare, visibility); • Water conditions (e.g. Tidal state [incoming (flood), slack (neither direction), or outgoing (ebb)], and sea state). The Beaufort Sea State Scale will be used to determine sea-state. • Species, numbers, and if possible, sex and age class of marine mammals; • Marine mammal behavior patterns observed, including bearing from observer and direction of travel and the concurrent pile driving activity;

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• Specific focus should be paid to behavioral reactions just prior to, or during, soft-start (impact pile driving) and shutdown procedures; • Distance from pile driving activities to marine mammals and distance from the marine mammal to the observation point; • Record of whether an observation required the implementation of shutdown procedures and the duration each shutdown. • Locations of all marine mammal observations; • Other human activity in the area and recording the hull numbers of fishing vessels if possible. 4.3 Equipment The following equipment will be required to conduct observations for this project: • Appropriate Personal Protective Equipment; • Portable radios and headsets for the observers to communicate with the pile driving/down the hole hammering (hammering) supervisor and other observers; • Cellular phone as backup for radio communication; • Contact information for the other observers, pile driving/hammering supervisor, and NMFS point of contact; • Daily tide tables for the project area; • Watch or chronometer; • Binoculars (quality 7 x 50 or better) or spotting scope with built-in rangefinder or reticles (rangefinder may be provided separately); • Hand-held GPS unit, map and compass, or grid map to record locations of marine mammals; • Copies of 4MP, IHA, and/or other relevant permit requirement specifications in sealed clear plastic cover; and • Notebook with pre-standardized monitoring Observation Record forms on waterproof paper. 4.4 Shutdown and Monitoring Zones The City of Ketchikan has established shutdown and monitoring zones to delineate areas in which marine mammals may be exposed to injurious underwater sound levels due to in-water construction. Work that could cause noise levels to rise above non-permitted thresholds will shut down if marine mammals are approaching shutdown zones. Observers will also monitor and document activities in areas where animals could be subjected to noise levels at or above the permitted thresholds. The zones are summarized below and are discussed in Section 5 of the IHA request. Shutdown zones are defined for the project to reduce the number of Level A zones and simplify implementation at the project site by observers and to further reduce the likelihood of Level A take. Similar to Level A zones, shutdown zones differ by pile installation method and species functional hearing group. All efforts will be made to shut down before marine mammals enter the shutdown zones. If the Level A isopleth for a species is smaller than the defined shutdown zone, take of that species will not occur unless individuals enter their respective Level A harassment zones. Level A take was requested for harbor seals, harbor porpoises, and Dall’s porpoises but will be avoided when possible. Selection of the appropriate observation radius depends on concurrent work activities and planned duration. The following shall apply to shutdown and monitoring zones.

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Determination of shutdown and monitoring zones was discussed fully in the IHA request. The shutdown zone radii are summarized in Table 1. Selection of the appropriate observation radius depends on concurrent work activities and planned duration. The following shall apply to shutdown and monitoring zones. • A shutdown safety zone of 10 m will be established during all in-water and over-water construction activities that have the potential to affect marine mammals, and species/activity specific monitoring zones will be monitored to ensure that animals are not endangered by physical interaction with construction equipment. These activities could include, but are not limited to, positioning of the pile on the substrate via a crane (“stabbing” the pile) or the slinging of construction materials via crane. • Shutdown and monitoring zones will be monitored throughout the permitted in-water construction activities (Table 1). o If a permitted marine mammal enters the monitoring zone, an exposure will be recorded, and animal behaviors documented. However, permitted construction activities would continue without cessation unless the animal approaches or enters the applicable shutdown zone. o If a marine mammal approaches or enters a shutdown zone, all permitted construction activities will be immediately halted until the marine mammal has been visually observed outside the shutdown zone or 30 minutes have passed without observation. o Level A take has been requested for animals occurring within the Level A ensonification zone and the shutdown safety zone. o A 10-meter shutdown zone for all in-water work will apply to prevent physical injury from pile driving or hammering. o Take, in the form of Level B harassment, of marine mammals other than permitted species is not authorized and will be avoided by shutting down construction activities before individuals of species not permitted or covered by the IHA enter the Level B harassment zone. o For DTH socketing, if no low frequency cetaceans, mid-frequency cetaceans or Steller sea lions are observed within the first four hours of DTH, observers will reduce the shutdown zone to the next level. If either of these taxa are observed within the first four hours, observers will adhere to the shutdown zones described in Table 1.

Table 1. Shutdown and Monitoring Zones for Each Activity

High Frequency Phocid Otariid Low Mid Shutdown Pinniped Pinniped Frequency Frequency Level B Area (m) Shutdown Shutdown Pile Size Cetacean Cetacean Monitoring (Harbor Area(m) Area (m) Shutdown Shutdown Zone (m)* Porpoise, (Harbor (Steller Sea Area (m) Area (m) Dall’s Seal) Lion) Porpoise)1

Vibratory Pile Driving/Removal 30-inch piles up to 6 hrs 40 10 50 10 6,300 6 hrs – 8 hrs

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36- and 48- inch piles up to 6 hrs 90 10 50 10 12,500 36- and 48- inch piles 6 hrs – 8 hrs

Impact Pile Driving 30-inch piles up to 500 500 strikes 30-inch piles 501 to 1,000 700 40 50 10 40 2,200 strikes 30-inch piles 1,001 to 1,500 1,000 strikes 36- and 48- inch piles 1,300 50 up to 500 strikes 50 36- and 48- inch piles 2,000 70 50 10 3,800 501 to 1,000 strikes 36- and 48- inch piles 2,600 90 100 1,001 to 1,500 strikes

DTH Socket 30-, 36-, and 48-inch piles 1,300 50 up to 3 hrs 50 10 50 11,700 30-, 36-, and 48-inch piles 2,000 70 3 hrs – 6 hrs DTH Anchor 12-inch hole up to 6 hours 150 10 50 10 6,350 12-inch hole 6 hrs – 8hrs Other Activities Any other in- water or over- 10 water activities *for any species not included in the IHA take request, work must shutdown if an individual enters the Level B zone.

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4.5 Observer Monitoring Locations In order to observe the shutdown and monitoring zones effectively, observers will be positioned at the best practicable vantage points, taking into consideration security, safety, access, and space limitations. To maximize the visual coverage of shutdown and monitoring zones, observers will use elevated platforms at observation points to the extent practicable. During pile-driving and hammering activities, a minimum of 3 onshore observers will be stationed at locations that provide optimal visual coverage for shutdown and monitoring zones (Figures 3). As noted above, observers will be in contact with each other via two-way radio and with a cellular phone used as back-up communications.

Figure 3 General observer locations for marine mammal monitoring. The zones depicted are the individual maximum viewable area over the largest monitoring zone.

During in-water and over-water work requiring only a 10-meter shutdown zone, as described in Section 4.4, a single observer will be stationed adjacent to the project site. Because Tongass Narrows is a narrow channel, observers would be able to track animals as they approach the Level B zone either moving toward or away from the project area. Specific locations of the observers will be based on project activities and the location of equipment.

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The observation zones are from land-based locations with public access that provide coverage for the entire Level B area. Monitoring positions may vary slightly depending on which mooring dolphin and activity may be scheduled, as well as which position has the best unobstructed viewpoint. Monitoring positions will take into account the following: o Unobstructed view of shutdown and/or monitoring zones; o Unobstructed view of all water within the injury zone; o Clear view of operator or construction foreman in the event of radio failure (lead observer); and o Safe distance from activities in the construction area. 4.6 Monitoring Techniques The COK will collect sighting data and behaviors of marine mammal species within NMFS’s jurisdiction that are observed in the Level A and Level B zones during periods of construction. All observers will be qualified and trained in marine mammal identification and behaviors, as described in Section 3.1. The observers will have no other construction-related task while conducting monitoring, a NMFS requirement. Observers will actively monitor the shutdown and monitoring zones 30 minutes prior to initiation, during, and 30 minutes post-completion of all permitted activities. Observation generally necessitates that natural light conditions are sufficient for observers to see the entirety of the shutdown and monitoring zones; monitoring will commence and be completed during daylight hours to the extent possible. 4.6.1 Pre-Activity Monitoring The following monitoring methodology will be implemented prior to commencing permitted activities: • Observation of shutdown and monitoring zones will take place from 30 minutes prior to initiation through 30 minutes post-completion of all permitted activities. • A shutdown zone will be cleared when marine mammals have not been observed within the zone for the 15-minute period. If a marine mammal is observed within the shutdown zone, a soft-start cannot proceed until the animal has left the zone or has not been observed for 15 minutes (for pinnipeds) and 30 minutes (for cetaceans). • If permitted species are present within the monitoring zone, work will not be delayed, but observers will monitor and document the behavior of individuals that remain in the monitoring zone. • When all applicable shutdown zones are clear, the observers will radio the pile driving/hammering supervisor. Permitted activities will not commence until the pile driving/hammering supervisor receives verbal confirmation that the zones are clear. • In case of inclement weather (e.g., fog, heavy rain) or reduced visibility, PSOs must be able to see the entirety of shutdown and monitoring zones before permitted activities can be initiated. Assumed-take zones do not need to be fully visible for work to start. • In the event of a delay or shutdown of activity resulting from marine mammals in the shutdown zone, their behavior must be monitored and documented until they leave of their own volition, at which point the activity may begin. 4.6.2 Soft Start Procedures Soft start procedures will be initiated prior to periods of pile installation to allow marine mammals to leave the area before exposure to maximum noise levels.

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o For hammering, the contractor shall run the hammer for no more than 30 seconds followed by a quiet period of at least 60 seconds without hammering. The process shall be repeated twice more within 10 minutes before beginning driving/hammering operations that last longer than 30 seconds. o For impact hammers, the soft start technique will initiate several strikes at a reduced energy level, followed by a brief waiting period. This procedure would be repeated two additional times. o For other heavy equipment operating from barges or nearshore, the equipment will be idled for 15 minutes prior to operation. o If work ceases for more than 30 minutes, zone clearance (see Section 4.6.1) and soft start procedures must be repeated prior to performing additional work. 4.6.3 During-Activity Monitoring The following monitoring methodology will be implemented during permitted activities: • If permitted species are observed within the monitoring zone during permitted activities, an exposure will be recorded and behaviors documented. Work will not stop unless an animal enters or appears likely to enter the shutdown zone. • For assumed-take zones, monitors will extrapolate a rate of take commensurate with observed exposure rates and appropriate to the area of the assumed-take zone. COK shall coordinate with NMFS regularly to determine the assumed number of takes based on sightings. • Total exposures will be reported based upon the combined recorded takes and extrapolated takes. An animal or group traveling northward or southward on the east channel of Tongass Narrows potentially will pass all observers. Observers will maintain contact to alert each other of animals in or approaching a monitoring zone, to the extent practicable, to avoid double-counting an individual or group. In addition, data forms will be evaluated to determine if there are take duplications. 4.6.4 Inclement weather Pre-activity monitoring must be conducted with the visibility requirements described above. However, work that has begun with a fully cleared monitoring zone may continue during inclement weather (e.g., fog, heavy rain) or periods of limited visibility with the following limitations: • This method will only be used if the monitoring zone was visible during the start of work (with the exception of the assumed take zone) and no shutdowns greater than 30 minutes have occurred. • If the monitoring zone becomes obscured, an assumed rate of take appropriate to the area of the obscured monitoring zone will be used to estimate the number of sightings to be reported during those periods. • Total exposures will be recorded and extrapolated based upon the assumed rate of take and the percentage of the Level B harassment zone that was not visible. Should environmental conditions deteriorate such that marine mammals within the entire shutdown zone would not be visible, permitted activities must be delayed until the PSO is confident marine mammals within the shutdown zone could be detected. 4.6.5 Shutdown If a marine mammal enters or appears likely to enter a shutdown zone:

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• The observers shall immediately radio or call1 to alert the pile driving/hammering supervisor. • All permitted activities will be halted immediately. • In the event of a shutdown of pile driving/hammering operations, permitted activities may resume only when: o The animal(s) within or approaching the shutdown zone has been visually confirmed beyond or heading away from the shutdown zone, or 15 minutes (for pinnipeds) or 30 minutes (for cetaceans) have passed without re-detection of the animal; o Observers will radio or call to inform the pile driving/hammering supervisor that activities can re- commence. 4.6.6 Breaks in Work During an in-water construction delay, the shutdown and monitoring zones will continue to be monitored. No exposures will be recorded for permitted species in the monitoring zone if there are no concurrent permitted construction activities. If permitted activities cease for more than 30 minutes and monitoring has not continued, pre-activity monitoring and soft start procedures must be reinitiated. This includes breaks due to scheduled or unforeseen construction practices or breaks due to permit-required shutdown. Following 15 minutes (for pinnipeds) or 30 minutes (for cetaceans) of monitoring, work can begin according to the pre-activity monitoring protocols. Work cannot begin if an animal is within the shutdown zone or if visibility is not clear throughout the shutdown and monitoring zones. 4.6.7 Post-Activity Monitoring Monitoring of the shutdown and monitoring zones will continue for 30 minutes following completion of pile driving/hammering activities. A post-monitoring period is not required for other in-water construction. The PSO will record species, focusing on unusual or abnormal behavior of marine mammals. Observation Record forms will be used to document behavior. 5 Reporting 5.1 Injured or Dead Marine Mammal In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by this IHA, such as serious injury, or mortality, COK must immediately cease the specified activities and report the incident to the NMFS Office of Protected Resources (301-427-8401) and Alaska Region Stranding Coordinator (907-586-7209). The report must include the following information: 1. Time and date of the incident; 2. Description of the incident; 3. Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and 4. visibility); 5. Description of all marine mammal observations and active sound source use in the 24 hours preceding 6. the incident; 7. Species identification or description of the animal(s) involved;

1 Cellular service is limited at monitoring locations and it should be noted that this may not be a reliable form of communication, as such monitoring team should plan on relying on radio as the primary method of communication.

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8. Fate of the animal(s); and 9. Photographs or video footage of the animal(s).

Activities must not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with COK to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. COK may not resume their activities until notified by NMFS. In the event COK discovers an injured or dead marine mammal, and the lead observer determines that the cause of the injury or death is unknown and the death is relatively recent (e.g., in less than a moderate state of decomposition), COK must immediately report the incident to the Office of Protected Resources, NMFS, and the Alaska Region Stranding Coordinator, NMFS. The report must include the same information identified in 6(b)(i) of the IHA. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with COK to determine whether additional mitigation measures or modifications to the activities are appropriate. In the event that COK discovers an injured or dead marine mammal, and the lead observer determines that the injury or death is not associated with or related to the specified activities (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), COK must report the incident to the Office of Protected Resources, NMFS, and the Alaska Region Stranding Coordinator, NMFS, within 24 hours of the discovery. 5.2 Annual Report A comprehensive annual marine mammal monitoring report documenting marine mammal observations will be submitted to NMFS at the end of the in-water work season. The draft comprehensive marine mammal monitoring report will be submitted to NMFS within 90 calendar days of the end of the in-water work period. The report will include marine mammal observations (pre-activity, during-activity, and post-activity) during permitted activities. All observer datasheets and/or raw sighting data will be submitted with the final report. A final comprehensive report will be prepared and submitted to NMFS within 30 calendar days following resolution of comments on the draft report from NMFS. At a minimum the reports shall include: • General data: o Date and time of activity o Water conditions (e.g., sea-state) o Weather conditions (e.g., percent cover, percent glare, visibility) • Specific pile driving/hammering data: o Description of the pile installation being conducted (pile locations, pile size and type), and times (onset and completion) when pile driving/hammering occurs. o The construction contractor and/or marine mammal monitoring staff will coordinate to ensure that vibratory/hammering installation times and impact hammer strike counts are accurately recorded. The duration of soft start procedures should be noted as separate from the full power duration. o Description of in-water construction activity not involving pile driving/hammering (location, type of activity, onset and completion times) • Pre-activity observational survey-specific data: o Date and time survey is initiated and terminated

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o Description of any observable marine mammals and their behavior in the immediate area during monitoring o Times when in-water construction is delayed due to presence of marine mammals within shutdown zones. • During-activity observational survey-specific data: o Description of any observable marine mammal behavior within monitoring zones or in the immediate area surrounding the monitoring zones, including the following: ▪ Distance from animal to pile driving/hammering sound source. ▪ Reason why/why not shutdown implemented. ▪ If a shutdown was implemented, behavioral reactions noted and if they occurred before or after implementation of the shutdown. ▪ If a shutdown was implemented, the distance from animal to sound source at the time of the shutdown. ▪ Behavioral reactions noted during soft starts and if they occurred before or after implementation of the soft start. ▪ Distance to the animal from the sound source during soft start. • Post-activity observational survey-specific data: o Results, which include the detections and behavioral reactions of marine mammals, the species and numbers observed, sighting rates and distances, o Refined exposure estimate based on the number of marine mammals observed. This may be reported as a rate of take (number of marine mammals per hour or per day), or using some other appropriate metric.

Page 13

Appendix A. Shutdown and Monitoring Zones

Key to Shutdown and Monitoring Zone Figures

Figure Pile(s) Zone Type Activity Species Shown Page

A-1 MD-2 Shutdown Impact Driving 30” Piles OTA, PHO, MFC, HFC iii A-2 MD-2 Shutdown Impact Driving 30” Piles LFC iv Impact Driving 36”, 48” A-3 MD-2 Shutdown OTA, PHO, MFC, HFC v Piles Impact Driving 36”, 48” A-4 MD-2 Shutdown LFC vi Piles and DTH Socketing A-5 MD-2 Shutdown Vibratory Driving All vii OTA, PHO, MFC, HFC A-6 MD-2 Shutdown DTH Socketing viii (see A-4 for LFC) DTH Anchoring of 12” A-7 MD-2 Shutdown All ix Holes A-8 MD-2 Monitoring All All x

A-9 MD-3 & 4 Shutdown Impact Driving 30” Piles All xi Impact Driving 36”, 48” A-10 MD-3 & 4 Shutdown OTA, PHO, MFC, HFC xii Piles Impact Driving 36”, 48” A-11 MD-3 & 4 Shutdown LFC xiii Piles and DTH Socketing A-12 MD-3 & 4 Shutdown Vibratory Driving All xiv OTA, PHO, MFC, HFC A-13 MD-3 & 4 Shutdown DTH Socketing xv (see A-11 for LFC) DTH Anchoring of 12” A-14 MD-3 & 4 Shutdown All xvi Holes A-15 MD-3 & 4 Monitoring All All xvii

Key to Acronyms of Functional Hearing Groups and Species

Acronym Functional Hearing Group Species

LFC Low Frequency Cetaceans Humpback whale MFC Mid-Frequency Cetaceans Killer whale HFC High Frequency Cetaceans Dall’s porpoise, harbor porpoise PHO Phocid Pinnipeds Harbor seal OTA Otariid Pinnipeds Steller sea lion

i

Figure A-1 MD-2 Shutdown Zones - Impact Driving 30” Piles

Number of Strikes 10 m 50 m 1 – 500 OTA, PHO MFC, HFC 501 – 1,000 OTA, PHO MFC, HFC 1,001 – 1,500 OTA, PHO MFC, HFC

ii

Figure A-2 MD-2 Shutdown Zones - Impact Driving 30” Piles

Number of Strikes 500 m 700 m 1,000 m 1 – 500 LFC 501 – 1,000 LFC 1,001 – 1,500 LFC

iii

Figure A-3 MD-2 Shutdown Zones - Impact Driving 36”, 48” Piles

Number of Strikes 10 m 50 m 100 m 1 – 500 PHO MFC, HFC, OTA OTA 501 – 1,000 PHO HFC, OTA MFC 1,001 – 1,500 PHO HFC MFC

iv

Figure A-4 MD-2 Shutdown Zones - Impact Driving (strikes) 36”, 48” Piles and DTH Socketing (hours)

Number of Strikes or Hours 1,300 m 2,000 m 2,600 m 1 – 500 strikes LFC 501 – 1,000 strikes LFC 1,001 – 1,500 strikes LFC up to 3 hours LFC 3 to 6 hours LFC

v

Figure A-5 MD-2 Shutdown Zones - Vibratory Driving

Pile Size Hours 10 m 50 m 90 m 30” up to 6 hours MFC, OTA, PHO LFC, HFC 36”, 48” up to 6 hours MFC, OTA, PHO HFC LFC

vi

Figure A-6 MD-2 Shutdown Zones - DTH Socketing

Hours 10 m 50 m 70 m up to 3 hours PHO HFC, MFC, OTA 3 to 6 hours PHO HFC, OTA MFC

Note: MD2 DTH Socketing LFC shutdown zones depicted on Figure A-4.

vii

Figure A-7 MD-2 Shutdown Zones - DTH Anchoring of 12” Holes

Hours 10 m 50 m 150 m up to 6 hours MFC, PHO, OTA HFC LFC

viii

Figure A-8 MD-2 Level B Monitoring Zones, all species

ix

Figure A-9 MD-3 & 4 Shutdown Zones - Impact Driving 30” Piles

Strikes 10 m 50 m 500 m 700 m 1,000 m 1 – 500 OTA, PHO MFC, HFC LFC 501 – 1,000 OTA, PHO MFC, HFC LFC 1,001 – 1,500 OTA, PHO MFC, HFC LFC

x

Figure A-10 MD-3 & 4 Shutdown Zones - Impact Driving 36”, 48” Piles

Number of Strikes 10 m 50 m 100 m 1-500 PHO MFC, HFC, OTA OTA 501- 1,000 PHO HFC, OTA MFC 1,001 – 1,500 PHO HFC MFC

xi

Figure A-11 MD-3 & 4 Shutdown Zones - Impact Driving 36”, 48” Piles and DTH Socketing Number of Strikes or 1,300 m 2,000 m 2,600 m Hours 1 – 500 LFC 501 – 1,000 LFC 1,001 – 1,500 LFC Up to 3 hours LFC 3 to 6 hours LFC

xii

Figure A-12 MD-3 & 4 Shutdown Zones - Vibratory Driving, all species

Pile Size Hours 10 m 50 m 90 m 30” up to 6 hours MFC, OTA, PHO LFC, HFC 36”, 48” up to 6 hours MFC, OTA, PHO HFC LFC

xiii

Figure A-13 MD-3 & 4 Shutdown Zones - DTH Socketing

Hours 10 m 50 m 70 m up to 3 hours PHO HFC, MFC, OTA 3 to 6 hours PHO HFC, OTA MFC

Note: LFC Shutdown zones shown on Figure A-11.

xiv

Figure A-14 MD-3 & 4 Shutdown Zones - DTH Anchoring of 12” Holes

Hours 10 m 50 m 150 m up to 6 hours MFC, PHO, OTA HFC LFC

xv

Figure A-15 MD-3 & 4 Level B Monitoring Zones, all species

xvi

Appendix B. Marine Mammal Observation Record

xvii

MARINE MAMMAL Time Visibility Glare Weather Condition Wave Height BSS Wind Swell % Monitoring Zone Visible OBSERVATION RECORD : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Project Name: Statter Harbor Improvements : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Monitoring Location: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Date: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Time Effort Initiated: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Time Effort Completed: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Page of

Sight # Time/Dur WP/ Zone/ Behavior Behavior Change/ Response to Exposure (1 or 1.1 (Start/End Grid #/ Radius/ Obs- Sighting Code Construction Mitigation Activity/Comments/Human Event Code Species Group Size Type if re- time if DIR of Impact erver Cue (see code Type Type Activity/Vessel Hull # or Name/ (A/B) sight) cont.) travel Pile #? sheet) Visibility Notes E ON SSV SSI V SS/BC : BL BO Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S NOWC / OTHER Best: OR E OFF W or E NONE None E ON SSV SSI V SS/BC : BL BO Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S NOWC / OTHER Best: OR E OFF W or E NONE None E ON SSV SSI V SS/BC : BL BO Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE E ON SSV SSI V SS/BC : BL BO Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE E ON SSV SSI V SS/BC : BL BO Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE E ON SSV SSI V SS/BC : BL BO Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE E ON BL BO SSV SSI V SS/BC : Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE E ON BL BO SSV SSI V SS/BC : Min: PRE/POST DR I DP DE Grid BR DF Max: CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE

Marine Mammal Observation Record – Sighting Codes Behavior Codes

Code Behavior Definition BR Breaching Leaps clear of water CD Change Direction Suddenly changes direction of travel CH Chuff Makes loud, forceful exhalation of air at surface DI Dive Forward dives below surface DE Dead Shows decomposition or is confirmed as dead by investigation An individual displaying multiple behaviors that have no clear direction or DS Disorientation purpose FI Fight Agonistic interactions between two or more individuals FO Foraging Confirmed by food seen in mouth Moving slowly at surface, changing direction often, not moving in any MI Milling particular direction Behavior that does not seem to be directed towards a particular goal; may PL Play involve one, two or more individuals PO Porpoising Moving rapidly with body breaking surface of water SL Slap Vigorously slaps surface of water with body, flippers, tail etc. SP Spyhopping Rises vertically in the water to "look" above the water General progress in a direction. Note general direction of travel when last SW Swimming seen [Example: “SW (N)” for swimming north] Traveling in an obvious direction. Note direction of travel when last seen TR Traveling [Example: “TR (N)” for traveling north] UN Unknown Behavior of animal undetermined, does not fit into another behavior AWA Approach Work LWA LeaveArea Work Area Pinniped only EW Enter Water Enters water from a haul-out for no obvious reason (from haul out ) Flush (from haul FL Enters water in response to disturbance out) Haul out (from HO Hauls out on land water) RE Resting Resting onshore or on surface of water LO Look Is upright in water "looking" in several directions or at a single focus Sinks out of sight below surface without obvious effort (usually from an SI Sink upright position) VO Vocalizing Animal emits barks, squeals, etc. Cetacean only LG Logging Resting on surface of water with no obvious signs of movement Sea State and Wave Height: Use Beaufort Sea State Scale for Sea State. This refers to the surface layer and whether it is glassy in appearance or full of white caps. In the open ocean, it also takes into account the wave height or swell, but in inland waters the wave height (swells) may never reach the levels that correspond to the correct surface white cap number. Therefore, include wave height for clarity. Glare: Percent glare should be the total glare of observers’ area of responsibility. Determine if observer coverage is covering 90 degrees or 180 degrees and document daily. Then assess total glare for that area. This will provide needed information on what percentage of the field of view was poor due to glare. Swell Direction: Swell direction should be where the swell is coming from (S for coming from the south). If possible, record direction relative to fixed location (pier). Choose this location at beginning of monitoring project. Wind Direction: Wind direction should also be where the wind is coming from.

Event OWC Over-Water Construction Code Activity Type NOWC No Over-Water Construction E ON Effort On NONE No Construction E OFF Effort Off PRE Pre-Construction Watch Mitigation Codes POST Post-Construction Watch Code Activity Type CON Construction (see types) SS Soft Start Delay onset of In-Water S Sighting DE M Mitigation (see types) Work SD Shut down In-Water Work OR Observer Rotation

Visibility Sighting Cues Code Distance Visible Code Distance Visible B Bad (<0.5km) BL Blow P Poor (0.5 – 0.9km) BO Body M Moderate (0.9 – 3km) BR Breach G Good (3 - 10km) DF Dorsal Fin E Excellent (>10km) SA Surface Activity

OTHR Other Weather Conditions Code Weather Condition Marine Mammal Species Code Marine Mammal Species S Sunny HPBK Humpback Whale PC Partly Cloudy STSL Steller Sea Lion L Light Rain HSEA Harbor Seal R Steady Rain DALP Dall’s Porpoise F Fog HARP Harbor Porpoise OC Overcast KLWL Killer Whale SN Snow GRWL Gray Whale MKWL Minke Whale HR Heavy Rain PWSD Pacific White-Sided Dolphin UNID Unidentified Whale Wave Height OTHR Other – describe in notes Code Wave Height Light 0 – 3 ft Construction Type Moderate 4 – 6 ft Code Activity Type Heavy >6 ft V Vibratory Pile Driving

D Down the Hole Hammering I Impact Pile Driving DP Dead pull ST Stabbing DR Drilling

Incidental Harassment Authorization Request KTN Berth III New Mooring Dolphins Project

Marine Mammal Monitoring and Mitigation Plan for the City of Ketchikan Berth III New Mooring Dolphins Project

City of Ketchikan Port and Harbors Ketchikan, Alaska

Draft September 2020

Submitted to: National Marine Fisheries Service Office of Protected Resources 1315 East-West Highway Silver Spring, Maryland 20910-3226

Prepared by: PND Engineers, Inc. 1736 Fourth Avenue, Suite A Seattle, Washington 98134 (206) 624-1387

Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins

TABLE OF CONTENTS SECTION PAGE 1 Introduction ...... 1 2 Project Description ...... 2 3 Species Covered Under IHA ...... 3 4 Methods...... 3 4.1 Observer Qualifications ...... 4 4.2 Data Collection ...... 4 4.3 Equipment ...... 5 4.4 Shutdown and Monitoring Zones ...... 5 4.5 Observer Monitoring Locations ...... 8 4.6 Monitoring Techniques ...... 9 4.6.1 Pre-Activity Monitoring ...... 9 4.6.2 Soft Start Procedures ...... 10 4.6.3 During-Activity Monitoring ...... 10 4.6.4 Inclement weather ...... 10 4.6.5 Shutdown ...... 11 4.6.6 Breaks in Work ...... 11 4.6.7 Post-Activity Monitoring ...... 11 5 Reporting ...... 11 5.1 Injured or Dead Marine Mammal ...... 11 5.2 Annual Report ...... 12

LIST OF TABLES Table 1. Shutdown and Monitoring Zones for Each Activity ...... 6

LIST OF FIGURES Figure 1. Vicinity Map ...... 2 Figure 2. Project locations...... 3 Figure 3 General observer locations for monitoring of the shutdown and monitoring zones...... 9

LIST OF APPENDICES Appendix A. Shutdown and Monitoring Zones Appendix B. Marine Mammal Observation Record

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ACRONYMS AND ABBREVIATIONS

• COK City of Ketchikan • ESA Endangered Species Act • GPS global positioning system • HFC High frequency Cetacean • IHA Incidental Harassment Authorization • LFC Low frequency Cetacean • 4MP Marine Mammal Monitoring and Mitigation Plan • MD Mooring Dolphin • MFC Mid-frequency Cetacean • MMPA Marine Mammal Protection Act • NMFS National Marine Fisheries Service • NOAA National Oceanic and Atmospheric Administration • OTA Otariid Pinniped • PHO Phocid Pinniped • PND PND Engineers, Inc. • PSO Protected Species Observer (or observer) • PTS permanent threshold shift • SPL sound pressure level • TTS temporary threshold shift

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1 Introduction The City of Ketchikan is proposing three new Berth III mooring dolphins (MD) in Ketchikan, Alaska (Figure 1) to provide safe moorage for a Norwegian Breakaway Plus (Bliss) class cruise ship vessel, or similar. The purpose of this Marine Mammal Monitoring and Mitigation Plan (4MP) is to provide a plan for monitoring marine mammal species during the proposed construction. This 4MP was developed to support the Incidental Harassment Authorization (IHA) application under the Marine Mammal Protection Act, Section 101(a)(5)(D) permitting. The IHA application provides a detailed discussion for determining monitoring zones for the proposed action. The marine mammal monitoring program will be implemented at the start of construction activities following the protocols outlined in this 4MP. The goals of the monitoring program are to: • Monitor the proposed shutdown and monitoring zones to estimate the number of marine mammals exposed to noise at or exceeding established thresholds, and to document animal responses; • Minimize impacts to marine mammal species present in the action area by implementing mitigation measures that include monitoring, ensuring shutdown zones are clear of marine mammals, soft start, and shutdown procedures; and • Collect data on takes, occurrence, and behavior of marine mammal species in the action area and any potential impacts from the project.

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Figure A. Vicinity Map 2 Project Description A complete project description is included in Section 1 of the IHA application for this project. The proposed project consists of installing three new mooring dolphins, one to the north of Berth III and two to the south (Figure 2). Construction activities include site mobilization, installation of temporary weather structures and templates, installation of permanent piles, vibratory and impact pile driving, hammering, pile splicing, pile-to-

Page 2 Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins dolphin cap welding and installation of a catwalk. For more information regarding the design of the proposed feature, refer to Appendix A Project Drawings of the IHA application.

MD#2

MD#3

MD#4

Figure B. Project locations. 3 Species Covered Under IHA Species covered by the IHA are humpback whales (Megaptera novaeangliae) (including the ESA-listed Mexico Distinct Population Segment, Steller sea lions (Eumetopias jubatus), harbor seals (Phoca phocoena), harbor porpoises (Phocoena phocoena), Dall’s porpoises (Phocoenoides dalli), killer whales (Orcinus orca), gray whales (Eschrichtius robustus) and minke whales (Balaenoptera acutorostrata). The proposed project may result in the Level B harassment of humpback whales, gray whale, Steller sea lions, harbor seals, harbor porpoises, Dall’s porpoises, killer whales and minke whales and Level A harassment of harbor seal, Dall’s porpoise and harbor porpoise. 4 Methods In accordance with the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), this 4MP is tailored to the project to ensure appropriate documentation and compliance with applicable regulations. Monitoring will be conducted by qualified, trained marine mammal observers (hereafter, “observers”). Land- based observers will be located at optimal sites for monitoring before, during, and after in-water construction activity to detect marine mammals within and approaching the shutdown and monitoring zones.

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During observation periods, observers will continuously scan the area for marine mammals using binoculars and the naked eye. Observers will work shifts of a maximum four consecutive hours followed by an observer rotation or a 1-hour break and will work no more than 12 hours in any 24-hour period. Observers will collect data including environmental conditions (e.g., sea state, precipitation, glare), marine mammal sightings (e.g., species, numbers, location, behavior, responses to construction activity), construction activity at the time of sighting, and number of marine mammal exposures (takes). Observers will conduct observations, meet training requirements, fill out data forms, and report findings in accordance with this 4MP and requirements outlined in the approved IHA. Observers will implement mitigation measures including: monitoring of the proposed shutdown and monitoring zones, ensuring shutdown zones are clear of marine mammals prior to starting operations, and initiating shutdown procedures if marine mammals are observed approaching or within the appropriate shutdown zones. The observers will be in continuous contact with each other and with construction personnel via two-way radio. A cellular phone or satellite phone will be used as back-up communications and for safety purposes. A clear authorization and communication system will be in place to ensure that the observers and construction crew understand roles and responsibilities. An employee of the construction contractor will be identified as the monitoring coordinator for observers at the start of each construction day. Observers will report directly to the monitoring coordinator when a shutdown is deemed necessary due to marine mammals approaching or within the applicable shutdown zones during pile driving or hammering activity. 4.1 Observer Qualifications Monitoring will be conducted by qualified, trained observers. A qualified observer must meet the following requirements: • Visual acuity in both eyes (correction is permissible) sufficient for discernment of moving targets at the water’s surface with ability to estimate target size and distance; • Experience and ability to conduct field observations and collect data according to assigned protocols; • Experience or training in the field identification of marine mammals, including the identification of behaviors, with ability to accurately identify marine mammals in Alaskan waters to species; • Sufficient training, orientation or experience with the construction operation to provide for personal safety during observations; • Writing skills sufficient to prepare a report of observations; and • Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary. 4.2 Data Collection Observers will use a NMFS-approved Marine Mammal Observation Record (Appendix A) which will be completed by each observer for each survey day. Observation Records will record the following: • Date and time that pile driving begins or ends; • Construction activities occurring during each sighting; • Weather parameters (e.g. percent cover, percent glare, visibility); • Water conditions (e.g. Tidal state [incoming (flood), slack (neither direction), or outgoing (ebb)], and sea state). The Beaufort Sea State Scale will be used to determine sea-state. • Species, numbers, and if possible, sex and age class of marine mammals; • Marine mammal behavior patterns observed, including bearing from observer and direction of travel and the concurrent pile driving activity;

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• Specific focus should be paid to behavioral reactions just prior to, or during, soft-start (impact pile driving) and shutdown procedures; • Distance from pile driving activities to marine mammals and distance from the marine mammal to the observation point; • Record of whether an observation required the implementation of shutdown procedures and the duration each shutdown. • Locations of all marine mammal observations; • Other human activity in the area and recording the hull numbers of fishing vessels if possible. 4.3 Equipment The following equipment will be required to conduct observations for this project: • Appropriate Personal Protective Equipment; • Portable radios and headsets for the observers to communicate with the pile driving/down the hole hammering (hammering) supervisor and other observers; • Cellular phone as backup for radio communication; • Contact information for the other observers, pile driving/hammering supervisor, and NMFS point of contact; • Daily tide tables for the project area; • Watch or chronometer; • Binoculars (quality 7 x 50 or better) or spotting scope with built-in rangefinder or reticles (rangefinder may be provided separately); • Hand-held GPS unit, map and compass, or grid map to record locations of marine mammals; • Copies of 4MP, IHA, and/or other relevant permit requirement specifications in sealed clear plastic cover; and • Notebook with pre-standardized monitoring Observation Record forms on waterproof paper. 4.4 Shutdown and Monitoring Zones The City of Ketchikan has established shutdown and monitoring zones to delineate areas in which marine mammals may be exposed to injurious underwater sound levels due to in-water construction. Work that could cause noise levels to rise above non-permitted thresholds will shut down if marine mammals are approaching shutdown zones. Observers will also monitor and document activities in areas where animals could be subjected to noise levels at or above the permitted thresholds. The zones are summarized below and are discussed in Section 5 of the IHA request. Shutdown zones are defined for the project to reduce the number of Level A zones and simplify implementation at the project site by observers and to further reduce the likelihood of Level A take. Similar to Level A zones, shutdown zones differ by pile installation method and species functional hearing group. All efforts will be made to shut down before marine mammals enter the shutdown zones. If the Level A isopleth for a species is smaller than the defined shutdown zone, take of that species will not occur unless individuals enter their respective Level A harassment zones. Level A take was requested for harbor seals, harbor porpoises, and Dall’s porpoises but will be avoided when possible. Selection of the appropriate observation radius depends on concurrent work activities and planned duration. The following shall apply to shutdown and monitoring zones.

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Determination of shutdown and monitoring zones was discussed fully in the IHA request. The shutdown zone radii are summarized in Table 1. Selection of the appropriate observation radius depends on concurrent work activities and planned duration. The following shall apply to shutdown and monitoring zones. • A shutdown safety zone of 10 m will be established during all in-water and over-water construction activities that have the potential to affect marine mammals, and species/activity specific monitoring zones will be monitored to ensure that animals are not endangered by physical interaction with construction equipment. These activities could include, but are not limited to, positioning of the pile on the substrate via a crane (“stabbing” the pile) or the slinging of construction materials via crane. • Shutdown and monitoring zones will be monitored throughout the permitted in-water construction activities (Table 1). o If a permitted marine mammal enters the monitoring zone, an exposure will be recorded, and animal behaviors documented. However, permitted construction activities would continue without cessation unless the animal approaches or enters the applicable shutdown zone. o If a marine mammal approaches or enters a shutdown zone, all permitted construction activities will be immediately halted until the marine mammal has been visually observed outside the shutdown zone or 30 minutes have passed without observation. o Level A take has been requested for animals occurring within the Level A ensonification zone and the shutdown safety zone. o A 10-meter shutdown zone for all in-water work will apply to prevent physical injury from pile driving or hammering. o Take, in the form of Level B harassment, of marine mammals other than permitted species is not authorized and will be avoided by shutting down construction activities before individuals of species not permitted or covered by the IHA enter the Level B harassment zone. o For DTH socketing, if no low frequency cetaceans, mid-frequency cetaceans or Steller sea lions are observed within the first four hours of DTH, observers will reduce the shutdown zone to the next level. If either of these taxa are observed within the first four hours, observers will adhere to the shutdown zones described in Table 1.

Table 1. Shutdown and Monitoring Zones for Each Activity

High Frequency Phocid Otariid Low Mid Shutdown Pinniped Pinniped Frequency Frequency Level B Area (m) Shutdown Shutdown Pile Size Cetacean Cetacean Monitoring (Harbor Area(m) Area (m) Shutdown Shutdown Zone (m)* Porpoise, (Harbor (Steller Sea Area (m) Area (m) Dall’s Seal) Lion) Porpoise)1

Vibratory Pile Driving/Removal 30-inch piles up to 6 hrs 40 10 50 10 6,300 6 hrs – 8 hrs

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36- and 48- inch piles up to 6 hrs 90 10 50 10 12,500 36- and 48- inch piles 6 hrs – 8 hrs

Impact Pile Driving 30-inch piles up to 500 500 strikes 30-inch piles 501 to 1,000 700 40 50 10 40 2,200 strikes 30-inch piles 1,001 to 1,500 1,000 strikes 36- and 48- inch piles 1,300 50 up to 500 strikes 50 36- and 48- inch piles 2,000 70 50 10 3,800 501 to 1,000 strikes 36- and 48- inch piles 2,600 90 100 1,001 to 1,500 strikes

DTH Socket 30-, 36-inch piles 1,300 50 up to 3 hrs 50 30-, 36-inch piles 2,000 70 3 hrs – 6 hrs 50 10 11,700 48-inch piles 1,750 65 70 Up to 2 hrs 48-inch piles 2,300 85 100 >2 hrs to 3 hrs 48-inch piles 2,750 100 110 >3 hrs to 4 hrs DTH Anchor 12-inch hole up to 6 hours 150 10 50 10 6,350 12-inch hole 6 hrs – 8hrs Other Activities

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Any other in- water or over- 10 water activities *for any species not included in the IHA take request, work must shutdown if an individual enters the Level B zone.

4.5 Observer Monitoring Locations In order to observe the shutdown and monitoring zones effectively, observers will be positioned at the best practicable vantage points, taking into consideration security, safety, access, and space limitations. To maximize the visual coverage of shutdown and monitoring zones, observers will use elevated platforms at observation points to the extent practicable. During pile-driving and hammering activities, a minimum of 3 onshore observers will be stationed at locations that provide optimal visual coverage for shutdown and monitoring zones (Figures 3). As noted above, observers will be in contact with each other via two-way radio and with a cellular phone used as back-up communications.

Figure 3 General observer locations for marine mammal monitoring. The zones depicted are the individual maximum viewable area over the largest monitoring zone.

During in-water and over-water work requiring only a 10-meter shutdown zone, as described in Section 4.4, a single observer will be stationed adjacent to the project site. Because Tongass Narrows is a narrow channel,

Page 8 Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins observers would be able to track animals as they approach the Level B zone either moving toward or away from the project area. Specific locations of the observers will be based on project activities and the location of equipment. The observation zones are from land-based locations with public access that provide coverage for the entire Level B area. Monitoring positions may vary slightly depending on which mooring dolphin and activity may be scheduled, as well as which position has the best unobstructed viewpoint. Monitoring positions will take into account the following: o Unobstructed view of shutdown and/or monitoring zones; o Unobstructed view of all water within the injury zone; o Clear view of operator or construction foreman in the event of radio failure (lead observer); and o Safe distance from activities in the construction area. 4.6 Monitoring Techniques The COK will collect sighting data and behaviors of marine mammal species within NMFS’s jurisdiction that are observed in the Level A and Level B zones during periods of construction. All observers will be qualified and trained in marine mammal identification and behaviors, as described in Section 3.1. The observers will have no other construction-related task while conducting monitoring, a NMFS requirement. Observers will actively monitor the shutdown and monitoring zones 30 minutes prior to initiation, during, and 30 minutes post-completion of all permitted activities. Observation generally necessitates that natural light conditions are sufficient for observers to see the entirety of the shutdown and monitoring zones; monitoring will commence and be completed during daylight hours to the extent possible. 4.6.1 Pre-Activity Monitoring The following monitoring methodology will be implemented prior to commencing permitted activities: • Observation of shutdown and monitoring zones will take place from 30 minutes prior to initiation through 30 minutes post-completion of all permitted activities. • A shutdown zone will be cleared when marine mammals have not been observed within the zone for the 15-minute period. If a marine mammal is observed within the shutdown zone, a soft-start cannot proceed until the animal has left the zone or has not been observed for 15 minutes (for pinnipeds) and 30 minutes (for cetaceans). • If permitted species are present within the monitoring zone, work will not be delayed, but observers will monitor and document the behavior of individuals that remain in the monitoring zone. • When all applicable shutdown zones are clear, the observers will radio the pile driving/hammering supervisor. Permitted activities will not commence until the pile driving/hammering supervisor receives verbal confirmation that the zones are clear. • In case of inclement weather (e.g., fog, heavy rain) or reduced visibility, PSOs must be able to see the entirety of shutdown and monitoring zones before permitted activities can be initiated. Assumed-take zones do not need to be fully visible for work to start. • In the event of a delay or shutdown of activity resulting from marine mammals in the shutdown zone, their behavior must be monitored and documented until they leave of their own volition, at which point the activity may begin.

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4.6.2 Soft Start Procedures Soft start procedures will be initiated prior to periods of pile installation to allow marine mammals to leave the area before exposure to maximum noise levels. o For hammering, the contractor shall run the hammer for no more than 30 seconds followed by a quiet period of at least 60 seconds without hammering. The process shall be repeated twice more within 10 minutes before beginning driving/hammering operations that last longer than 30 seconds. o For impact hammers, the soft start technique will initiate several strikes at a reduced energy level, followed by a brief waiting period. This procedure would be repeated two additional times. o For other heavy equipment operating from barges or nearshore, the equipment will be idled for 15 minutes prior to operation. o If work ceases for more than 30 minutes, zone clearance (see Section 4.6.1) and soft start procedures must be repeated prior to performing additional work. 4.6.3 During-Activity Monitoring The following monitoring methodology will be implemented during permitted activities: • If permitted species are observed within the monitoring zone during permitted activities, an exposure will be recorded and behaviors documented. Work will not stop unless an animal enters or appears likely to enter the shutdown zone. • For assumed-take zones, monitors will extrapolate a rate of take commensurate with observed exposure rates and appropriate to the area of the assumed-take zone. COK shall coordinate with NMFS regularly to determine the assumed number of takes based on sightings. • Total exposures will be reported based upon the combined recorded takes and extrapolated takes. An animal or group traveling northward or southward on the east channel of Tongass Narrows potentially will pass all observers. Observers will maintain contact to alert each other of animals in or approaching a monitoring zone, to the extent practicable, to avoid double-counting an individual or group. In addition, data forms will be evaluated to determine if there are take duplications. 4.6.4 Inclement weather Pre-activity monitoring must be conducted with the visibility requirements described above. However, work that has begun with a fully cleared monitoring zone may continue during inclement weather (e.g., fog, heavy rain) or periods of limited visibility with the following limitations: • This method will only be used if the monitoring zone was visible during the start of work (with the exception of the assumed take zone) and no shutdowns greater than 30 minutes have occurred. • If the monitoring zone becomes obscured, an assumed rate of take appropriate to the area of the obscured monitoring zone will be used to estimate the number of sightings to be reported during those periods. • Total exposures will be recorded and extrapolated based upon the assumed rate of take and the percentage of the Level B harassment zone that was not visible. Should environmental conditions deteriorate such that marine mammals within the entire shutdown zone would not be visible, permitted activities must be delayed until the PSO is confident marine mammals within the shutdown zone could be detected.

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4.6.5 Shutdown If a marine mammal enters or appears likely to enter a shutdown zone: • The observers shall immediately radio or call1 to alert the pile driving/hammering supervisor. • All permitted activities will be halted immediately. • In the event of a shutdown of pile driving/hammering operations, permitted activities may resume only when: o The animal(s) within or approaching the shutdown zone has been visually confirmed beyond or heading away from the shutdown zone, or 15 minutes (for pinnipeds) or 30 minutes (for cetaceans) have passed without re-detection of the animal; o Observers will radio or call to inform the pile driving/hammering supervisor that activities can re- commence. 4.6.6 Breaks in Work During an in-water construction delay, the shutdown and monitoring zones will continue to be monitored. No exposures will be recorded for permitted species in the monitoring zone if there are no concurrent permitted construction activities. If permitted activities cease for more than 30 minutes and monitoring has not continued, pre-activity monitoring and soft start procedures must be reinitiated. This includes breaks due to scheduled or unforeseen construction practices or breaks due to permit-required shutdown. Following 15 minutes (for pinnipeds) or 30 minutes (for cetaceans) of monitoring, work can begin according to the pre-activity monitoring protocols. Work cannot begin if an animal is within the shutdown zone or if visibility is not clear throughout the shutdown and monitoring zones. 4.6.7 Post-Activity Monitoring Monitoring of the shutdown and monitoring zones will continue for 30 minutes following completion of pile driving/hammering activities. A post-monitoring period is not required for other in-water construction. The PSO will record species, focusing on unusual or abnormal behavior of marine mammals. Observation Record forms will be used to document behavior. 5 Reporting 5.1 Injured or Dead Marine Mammal In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by this IHA, such as serious injury, or mortality, COK must immediately cease the specified activities and report the incident to the NMFS Office of Protected Resources (301-427-8401) and Alaska Region Stranding Coordinator (907-586-7209). The report must include the following information: 1. Time and date of the incident; 2. Description of the incident; 3. Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and 4. visibility);

1 Cellular service is limited at monitoring locations and it should be noted that this may not be a reliable form of communication, as such monitoring team should plan on relying on radio as the primary method of communication.

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5. Description of all marine mammal observations and active sound source use in the 24 hours preceding 6. the incident; 7. Species identification or description of the animal(s) involved; 8. Fate of the animal(s); and 9. Photographs or video footage of the animal(s).

Activities must not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with COK to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. COK may not resume their activities until notified by NMFS. In the event COK discovers an injured or dead marine mammal, and the lead observer determines that the cause of the injury or death is unknown and the death is relatively recent (e.g., in less than a moderate state of decomposition), COK must immediately report the incident to the Office of Protected Resources, NMFS, and the Alaska Region Stranding Coordinator, NMFS. The report must include the same information identified in 6(b)(i) of the IHA. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with COK to determine whether additional mitigation measures or modifications to the activities are appropriate. In the event that COK discovers an injured or dead marine mammal, and the lead observer determines that the injury or death is not associated with or related to the specified activities (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), COK must report the incident to the Office of Protected Resources, NMFS, and the Alaska Region Stranding Coordinator, NMFS, within 24 hours of the discovery. 5.2 Annual Report A comprehensive annual marine mammal monitoring report documenting marine mammal observations will be submitted to NMFS at the end of the in-water work season. The draft comprehensive marine mammal monitoring report will be submitted to NMFS within 90 calendar days of the end of the in-water work period. The report will include marine mammal observations (pre-activity, during-activity, and post-activity) during permitted activities. All observer datasheets and/or raw sighting data will be submitted with the final report. A final comprehensive report will be prepared and submitted to NMFS within 30 calendar days following resolution of comments on the draft report from NMFS. At a minimum the reports shall include: • General data: o Date and time of activity o Water conditions (e.g., sea-state) o Weather conditions (e.g., percent cover, percent glare, visibility) • Specific pile driving/hammering data: o Description of the pile installation being conducted (pile locations, pile size and type), and times (onset and completion) when pile driving/hammering occurs. o The construction contractor and/or marine mammal monitoring staff will coordinate to ensure that vibratory/hammering installation times and impact hammer strike counts are accurately recorded. The duration of soft start procedures should be noted as separate from the full power duration. o Description of in-water construction activity not involving pile driving/hammering (location, type of activity, onset and completion times)

Page 12 Marine Mammal Monitoring Plan Ketchikan Berth III New Mooring Dolphins

• Pre-activity observational survey-specific data: o Date and time survey is initiated and terminated o Description of any observable marine mammals and their behavior in the immediate area during monitoring o Times when in-water construction is delayed due to presence of marine mammals within shutdown zones. • During-activity observational survey-specific data: o Description of any observable marine mammal behavior within monitoring zones or in the immediate area surrounding the monitoring zones, including the following: ▪ Distance from animal to pile driving/hammering sound source. ▪ Reason why/why not shutdown implemented. ▪ If a shutdown was implemented, behavioral reactions noted and if they occurred before or after implementation of the shutdown. ▪ If a shutdown was implemented, the distance from animal to sound source at the time of the shutdown. ▪ Behavioral reactions noted during soft starts and if they occurred before or after implementation of the soft start. ▪ Distance to the animal from the sound source during soft start. • Post-activity observational survey-specific data: o Results, which include the detections and behavioral reactions of marine mammals, the species and numbers observed, sighting rates and distances, o Refined exposure estimate based on the number of marine mammals observed. This may be reported as a rate of take (number of marine mammals per hour or per day), or using some other appropriate metric.

Page 13 Appendix A. Shutdown and Monitoring Zones

Key to Shutdown and Monitoring Zone Figures

Figure Pile(s) Zone Type Activity Species Shown Page

A-1 MD-2 Shutdown Impact Driving 30” Piles OTA, PHO, MFC, HFC iii A-2 MD-2 Shutdown Impact Driving 30” Piles LFC iv Impact Driving 36”, 48” A-3 MD-2 Shutdown OTA, PHO, MFC, HFC v Piles Impact Driving 36”, 48” A-4 MD-2 Shutdown Piles and DTH Socketing LFC vi 30”, 36” A-5 MD-2 Shutdown Vibratory Driving All vii OTA, PHO, MFC, HFC A-6 MD-2 Shutdown DTH Socketing 30”, 36” viii (see A-4 for LFC) A-7 MD-2 Shutdown DTH Socketing 48” PHO, HFC ix A-8 MD-2 Shutdown DTH Socketing 48” OTA x A-9 MD-2 Shutdown DTH Socketing 48” MFC xi A-10 MD-2 Shutdown DTH Socketing 48” LFC xii DTH Anchoring of 12” A-11 MD-2 Shutdown All xiii Holes A-12 MD-2 Monitoring All All xiv

A-13 MD-3 & 4 Shutdown Impact Driving 30” Piles All xv Impact Driving 36”, 48” A-14 MD-3 & 4 Shutdown OTA, PHO, MFC, HFC xvi Piles Impact Driving 36”, 48” A-15 MD-3 & 4 Shutdown LFC xvii Piles and DTH Socketing A-16 MD-3 & 4 Shutdown Vibratory Driving All xviii OTA, PHO, MFC, HFC A-17 MD-3 & 4 Shutdown DTH Socketing 30”, 36” xix (see A-11 for LFC) A-18 MD-3 & 4 Shutdown DTH Socketing 48” PHO, HFC xx A-19 MD-3 & 4 Shutdown DTH Socketing 48” OTA xxi A-20 MD-3 & 4 Shutdown DTH Socketing 48” MFC xxii A-21 MD-3 & 4 Shutdown DTH Socketing 48” LFC xxiii DTH Anchoring of 12” A-22 MD-3 & 4 Shutdown All xxiv Holes

i A-23 MD-3 & 4 Monitoring All All xxv

Key to Acronyms of Functional Hearing Groups and Species

Acronym Functional Hearing Group Species

LFC Low Frequency Cetaceans Humpback whale MFC Mid-Frequency Cetaceans Killer whale HFC High Frequency Cetaceans Dall’s porpoise, harbor porpoise PHO Phocid Pinnipeds Harbor seal OTA Otariid Pinnipeds Steller sea lion

ii Figure A-1 MD-2 Shutdown Zones - Impact Driving 30” Piles

Number of Strikes 10 m 50 m 1 – 500 OTA, PHO MFC, HFC 501 – 1,000 OTA, PHO MFC, HFC 1,001 – 1,500 OTA, PHO MFC, HFC

iii Figure A-2 MD-2 Shutdown Zones - Impact Driving 30” Piles

Number of Strikes 500 m 700 m 1,000 m 1 – 500 LFC 501 – 1,000 LFC 1,001 – 1,500 LFC

iv Figure A-3 MD-2 Shutdown Zones - Impact Driving 36”, 48” Piles

Number of Strikes 10 m 50 m 100 m 1 – 500 PHO MFC, HFC, OTA OTA 501 – 1,000 PHO HFC, OTA MFC 1,001 – 1,500 PHO HFC MFC

v Figure A-4 MD-2 Shutdown Zones - Impact Driving (strikes) 36”, 48” Piles and DTH Socketing 30” and 36” pile (hours)

Number of Strikes or Hours 1,300 m 2,000 m 2,600 m 1 – 500 strikes LFC 501 – 1,000 strikes LFC 1,001 – 1,500 strikes LFC DTH up to 3 hours LFC DTH 3 to 6 hours LFC

vi Figure A-5 MD-2 Shutdown Zones - Vibratory Driving

Pile Size Hours 10 m 50 m 90 m 30” up to 6 hours MFC, OTA, PHO LFC, HFC 36”, 48” up to 6 hours MFC, OTA, PHO HFC LFC

vii Figure A-6 MD-2 Shutdown Zones - DTH Socketing 30”, 36”

Hours 10 m 50 m 70 m up to 3 hours PHO HFC, MFC, OTA 3 to 6 hours PHO HFC, OTA MFC

Note: MD2 DTH 48” Socketing LFC shutdown zones depicted on Figure A-4.

viii Figure A-7 MD-2 Shutdown Zones - DTH 48” Socketing

Hours 10 m 50 m up to 4 hours PHO HFC

ix Figure A-8 MD-2 Shutdown Zones - DTH 48” Socketing

Hours 70 m 100 m 110 m up to 2 hours OTA 2 to 3 hours OTA 3 to 4 hours OTA

x Figure A-9 MD-2 Shutdown Zones - DTH 48” Socketing

Hours 70 m 100 m 110 m up to 2 hours MFC 2 to 3 hours MFC 3 to 4 hours MFC

xi Figure A-10 MD-2 Shutdown Zones - DTH 48” Socketing

Hours 1,750 m 2,300 m 2,750 m up to 2 hours LFC 2 to 3 hours LFC 3 to 4 hours LFC

xii Figure A-11 MD-2 Shutdown Zones - DTH Anchoring of 12” Holes

Hours 10 m 50 m 150 m up to 6 hours MFC, PHO, OTA HFC LFC

xiii Figure A-12 MD-2 Level B Monitoring Zones, all species

xiv Figure A-13 MD-3 & 4 Shutdown Zones - Impact Driving 30” Piles

Strikes 10 m 50 m 500 m 700 m 1,000 m 1 – 500 OTA, PHO MFC, HFC LFC 501 – 1,000 OTA, PHO MFC, HFC LFC 1,001 – 1,500 OTA, PHO MFC, HFC LFC

xv Figure A-14 MD-3 & 4 Shutdown Zones - Impact Driving 36”, 48” Piles

Number of Strikes 10 m 50 m 100 m 1-500 PHO MFC, HFC, OTA OTA 501- 1,000 PHO HFC, OTA MFC 1,001 – 1,500 PHO HFC MFC

xvi Figure A-15 MD-3 & 4 Shutdown Zones - Impact Driving 36”, 48” Piles and DTH 30”, 36” Socketing Number of Strikes or 1,300 m 2,000 m 2,600 m Hours 1 – 500 LFC 501 – 1,000 LFC 1,001 – 1,500 LFC DTH Up to 3 hours LFC DTH 3 to 6 hours LFC

xvii Figure A-16 MD-3 & 4 Shutdown Zones - Vibratory Driving, all species

Pile Size Hours 10 m 50 m 90 m 30” up to 6 hours MFC, OTA, PHO LFC, HFC 36”, 48” up to 6 hours MFC, OTA, PHO HFC LFC

xviii Figure A-17 MD-3 & 4 Shutdown Zones - DTH 30”, 36” Socketing

Hours 10 m 50 m 70 m up to 3 hours PHO HFC, MFC, OTA 3 to 6 hours PHO HFC, OTA MFC

Note: LFC Shutdown zones shown on Figure A-11.

xix Figure A-18 MD-3 and MD-4 Shutdown Zones - DTH 48” Socketing

Hours 10 m 50 m up to 4 hours PHO HFC

xx Figure A-19 MD-3 and MD-4 Shutdown Zones - DTH 48” Socketing

Hours 70 m 100 m 110 m up to 2 hours OTA 2 to 3 hours OTA 3 to 4 hours OTA

xxi Figure A-20 MD-3 and MD-4 Shutdown Zones - DTH 48” Socketing

Hours 65 m 85 m 100 m up to 2 hours MFC 2 to 3 hours MFC 3 to 4 hours MFC

xxii Figure A-21 MD-3 and MD-4 Shutdown Zones - DTH 48” Socketing

Hours 65 m 85 m 100 m up to 2 hours LFC 2 to 3 hours LFC 3 to 4 hours LFC

xxiii Figure A-22 MD-3 & 4 Shutdown Zones - DTH Anchoring of 12” Holes

Hours 10 m 50 m 150 m up to 6 hours MFC, PHO, OTA HFC LFC

xxiv Figure A-23 MD-3 & 4 Level B Monitoring Zones, all species

xxv Appendix B. Marine Mammal Observation Record

xxvi MARINE MAMMAL Time Visibility Glare Weather Condition Wave Height BSS Wind Swell % Monitoring Zone Visible OBSERVATION RECORD : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Project Name: Statter Harbor Improvements : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Monitoring Location: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Date: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Time Effort Initiated: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Time Effort Completed: : B–P–M–G–E % S–PC–L–R–F–OC–SN–HR Lt/Mod/Hvy N S E W N S E W Page of

Sight # Time/Dur WP/ Zone/ Behavior Behavior Change/ Response to Exposure (1 or 1.1 (Start/End Grid #/ Radius/ Obs- Sighting Code Construction Mitigation Activity/Comments/Human Event Code Species Group Size Type if re- time if DIR of Impact erver Cue (see code Type Type Activity/Vessel Hull # or Name/ (A/B) sight) cont.) travel Pile #? sheet) Visibility Notes E ON BL BO SSV SSI V SS/BC : Min: DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S NOWC / OTHER Best: OR E OFF W or E NONE None E ON BL BO SSV SSI V SS/BC : Min: DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S NOWC / OTHER Best: OR E OFF W or E NONE None SSV SSI V E ON BL BO Min: SS/BC : DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE SSV SSI V E ON BL BO Min: SS/BC : DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE SSV SSI V E ON BL BO Min: SS/BC : DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE SSV SSI V E ON BL BO Min: SS/BC : DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE SSV SSI V E ON BL BO Min: SS/BC : DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE SSV SSI V E ON BL BO Min: SS/BC : DR I DP PRE/POST Grid BR DF Max: DE CON S M SA ST OWC SD : N or S Best: NOWC / OR E OFF OTHER None W or E NONE

Marine Mammal Observation Record – Sighting Codes Behavior Codes

Code Behavior Definition BR Breaching Leaps clear of water CD Change Direction Suddenly changes direction of travel CH Chuff Makes loud, forceful exhalation of air at surface DI Dive Forward dives below surface DE Dead Shows decomposition or is confirmed as dead by investigation An individual displaying multiple behaviors that have no clear direction or DS Disorientation purpose FI Fight Agonistic interactions between two or more individuals FO Foraging Confirmed by food seen in mouth Moving slowly at surface, changing direction often, not moving in any MI Milling particular direction Behavior that does not seem to be directed towards a particular goal; may PL Play involve one, two or more individuals PO Porpoising Moving rapidly with body breaking surface of water SL Slap Vigorously slaps surface of water with body, flippers, tail etc. SP Spyhopping Rises vertically in the water to "look" above the water General progress in a direction. Note general direction of travel when last SW Swimming seen [Example: “SW (N)” for swimming north] Traveling in an obvious direction. Note direction of travel when last seen TR Traveling [Example: “TR (N)” for traveling north] UN Unknown Behavior of animal undetermined, does not fit into another behavior AWA Approach Work LWA LeaveArea Work Area Pinniped only EW Enter Water Enters water from a haul-out for no obvious reason (from haul out ) Flush (from haul FL Enters water in response to disturbance out) Haul out (from HO Hauls out on land water) RE Resting Resting onshore or on surface of water LO Look Is upright in water "looking" in several directions or at a single focus Sinks out of sight below surface without obvious effort (usually from an SI Sink upright position) VO Vocalizing Animal emits barks, squeals, etc. Cetacean only LG Logging Resting on surface of water with no obvious signs of movement Sea State and Wave Height: Use Beaufort Sea State Scale for Sea State. This refers to the surface layer and whether it is glassy in appearance or full of white caps. In the open ocean, it also takes into account the wave height or swell, but in inland waters the wave height (swells) may never reach the levels that correspond to the correct surface white cap number. Therefore, include wave height for clarity. Glare: Percent glare should be the total glare of observers’ area of responsibility. Determine if observer coverage is covering 90 degrees or 180 degrees and document daily. Then assess total glare for that area. This will provide needed information on what percentage of the field of view was poor due to glare. Swell Direction: Swell direction should be where the swell is coming from (S for coming from the south). If possible, record direction relative to fixed location (pier). Choose this location at beginning of monitoring project. Wind Direction: Wind direction should also be where the wind is coming from.

Event OWC Over-Water Construction Code Activity Type NOWC No Over-Water Construction E ON Effort On NONE No Construction E OFF Effort Off PRE Pre-Construction Watch Mitigation Codes POST Post-Construction Watch Code Activity Type CON Construction (see types) SS Soft Start Delay onset of In-Water S Sighting DE M Mitigation (see types) Work SD Shut down In-Water Work OR Observer Rotation

Visibility Sighting Cues Code Distance Visible Code Distance Visible B Bad (<0.5km) BL Blow P Poor (0.5 – 0.9km) BO Body M Moderate (0.9 – 3km) BR Breach G Good (3 - 10km) DF Dorsal Fin E Excellent (>10km) SA Surface Activity

OTHR Other Weather Conditions Code Weather Condition Marine Mammal Species Code Marine Mammal Species S Sunny HPBK Humpback Whale PC Partly Cloudy STSL Steller Sea Lion L Light Rain HSEA Harbor Seal R Steady Rain DALP Dall’s Porpoise F Fog HARP Harbor Porpoise OC Overcast KLWL Killer Whale SN Snow GRWL Gray Whale MKWL Minke Whale HR Heavy Rain PWSD Pacific White-Sided Dolphin UNID Unidentified Whale Wave Height OTHR Other – describe in notes Code Wave Height Light 0 – 3 ft Construction Type Moderate 4 – 6 ft Code Activity Type Heavy >6 ft V Vibratory Pile Driving

D Down the Hole Hammering I Impact Pile Driving DP Dead pull ST Stabbing DR Drilling