In response refer to: 2011/06500

Captain Cynthia L. Stowe U.S. Coast Guard Sector San Francisco, 94130-9309

Lieutenant Colonel John K. Baker Department of the Army San Francisco District U.S. Army Corps of Engineers 1455 Market Street San Francisco, California 94103-1398

Frank Dean National Recreational Area Building 201 San Francisco, California 94123-0022

Dear Captain Stowe, Colonel Baker, and Mr. Dean:

Thank you for the U.S. Coast Guard’s (USCG) letter of November 23, 2011, requesting initiation of formal consultation with NOAA’s National Marine Fisheries Service (NMFS) pursuant to section 7 of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), and the Essential Fish Habitat (EFH) provisions of the Magnuson Stevens Fishery Conservation and Management Act (MSA) for the 34th America’s Cup (AC34), James R. Herman Cruise Terminal, and Northeast Wharf Plaza projects (Project) located on in the City and County of San Francisco, California. The proposed Project involves actions and permits by three Federal Agencies: the USCG; the National Park Service (NPS); and the U.S. Army Corps of Engineers (Corps). The USCG has been designated as the federal lead agency for the purpose of conducting the Project’s section 7 consultation with NMFS. Non-federal Project sponsors and

2 applicants include the America’s Cup Event Authority (ACEA), America’s Cup Race Management (ACRM), America’s Cup Organizing Committee (ACOC), City and County of San Francisco (City), and of San Francisco (Port), collectively referred to as, Applicants.

The enclosed biological opinion is based on our review of the Applicants’ proposal to construct AC34 facilities and venues, host a series of AC34 yacht races, and construct the new Cruise Terminal. The biological opinion describes NMFS' analysis of the Project’s potential effects on Central California Coast (CCC) steelhead (Oncorhynchus mykiss), threatened Central Valley (CV) steelhead (O. mykiss), threatened CV spring-run Chinook salmon (O. tshawytscha), endangered winter-run Chinook salmon (O. tshawytscha), threatened southern distinct population segment (DPS) of North American green sturgeon (Acipenser medirostris), and designated critical habitat for green sturgeon, CCC steelhead, and winter-run Chinook salmon in accordance with section 7 of the ESA. In the enclosed biological opinion, NMFS concludes the project is not likely to jeopardize the continued existence of these listed salmonid species or green sturgeon. NMFS has also concluded the proposed project is not likely to result in the destruction or adverse modification of the critical habitats described above. However, NMFS anticipates take of green sturgeon and listed salmonids will occur during project construction from sound pressure waves associated with pile driving and exposure to contaminants associated with dredging An incidental take statement which applies to this project with non-discretionary terms and conditions is included with the enclosed biological opinion.

Although ESA-listed marine mammals, such as the humpback whale (Megaptera novaeangliae) and Steller sea lion (Eumetopias jubatus) do inhabit the project area, take for ESA-listed marine mammals has not been requested as the intent of the proposed monitoring and mitigation measures is expected to avoid take of ESA-listed marine mammals. The Applicants have applied for an Incidental Harassment Authorization under the Marine Mammal Protection Act for take o