Threatened and Endangered Species Risk Assessment

Brian Yates

Senior Scientist, Amy S. Greene Environmental Consultants Inc.

President/CEO, Yates Environmental Sciences Inc.

byates@amygreene.com; yatesenvironmental@gmail.com

Hudson Delaware Chapter of the Society of Environmental Toxicology and Chemistry (SETAC)

April 25, 2019

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Threatened and Endangered Species

• Endangered Species are those whose prospects for survival in are in immediate danger because of a loss or change in habitat, over-exploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction (NJDEP)

• Threatened Species are those who may become endangered if conditions surrounding them begin to or continue to deteriorate (ibid.)

• "Species of Special Concern" applies to species that warrant special attention because of some evidence of decline, inherent vulnerability to environmental deterioration, or habitat modification that would result in their becoming a Threatened species. Credit: John van den Graff

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Marine endangered species managed by NMFS under Magnuson-Stevens Act:Northern right whalesKemp’s ridley sea turtlesAtlantic salmonAtlantic sturgeonShortnose sturgeon

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New Jersey (State)-listed Species

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What do we mean when we say risk assessment of T&E species?• Extinction Risk (receptor-based)

• Determine population status and trends

• Identify reason for decline

• Requires baseline data (systematic biological monitoring, field work to document extent/occurrence, taxonomy, population trends in different areas)

• Can be prospective or retrospective

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Greglasley.com

Short F.T. et al. (2011) Extinction risk assessment of the world's seagrass species. Biological Conservation 144(7): 1961-1971.7

Extinction Risk Assessment Example

• Disappearance of vultures (Oriental White-backed Vulture)* in India and Pakistan in mid 90s

• Feed on livestock carcasses• Large die-offs at cattle carcass

disposal sites • 100% disappearance in some nest

sites

• Road-based point count surveys initiated by Bombay Natural History Society with support from USFWS et al.• Less decline in naturalized areas

8*Formerly most common bird of prey in the world

Retrospective (Epidemiological) Example

• Deaths concentrated around areas of cattle carcasses (disposal areas)

• Histologic examination indicated evidence of kidney failure (visceral gout, anorexia, emaciation)

• Carcass analysis indicated high residues of diclofenac

• Toxicity testing confirmed 100% mortality of vultures exposed to the estimated dose from one carcass

• If only 1% of carcasses were contaminated by diclofenac, vulture populations would decline by between 60% and 90% annually • 10% are contaminated; vultures at 5% of pre-90s levels

• Diclofenac banned from veterinary manufacture but still being sold

• Meloxicam: alternative NSAID

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Stressor-based Risk Assessment

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Assessing risks of a stressor to the species (stressor-based)• Objective is to characterize the risks

posed by an engineering project, chemical, contaminated site etc.

• Risks may be mitigated within the confines of the project

• Only evaluates risks of that one particular project, and not multiple stressors

• Often multiple receptors which must be evaluated as part of the project

• Spatial tools (GIS and habitat mapping) and modeling often useful

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Tiered Approach for T&E RA

• Risk assessment for T&E species typically takes a tiered approach:

• (1) Desktop investigation• Natural Heritage Program Database (NY, NJ, PA, DE)• NOAA Essential Fish Habitat Mapper• USFWS IPAC Database*

• (2) Field verification and habitat delineation completed by qualified biologist

• Habitat Evaluation Procedures

• (3) Targeted surveys (e.g. mist netting, vocalization surveys, biological monitoring)

*Does not substitute for a formal consultation.

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Phase 2 Survey-Surveys should only be performed during the period from April 15-June 15-Ambient air temperature in the shade >55 degrees F-Weather constraints--Recognized qualified surveyor as field lead with experienced staff-4 surveys per site spread out throughout season-4 to 6 person-hours per acre of survey area-Search quietly: basking on herbaceous vegetation, half-buried in shallow water or rivulets, under mats of dead vegetation, shallow pools, underground springs, open mud areas, vole runways and under tussocks-Both random opportunistic searching and transect surveys-Bias surveys to areas of highest quality habitat

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If Phase II Results Do Not Confirm Absence

• Option to proceed to Phase III (trapping) OR

• Assume they are present in each potential habitat area

• Avoid and/or minimize impacts to potential habitat areas

• Conduct construction monitoring

• Other management strategies for migratory/highly mobile species…

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Courtesy of Times News

Timing Restrictions

• Period of time during which work is not allowed

• Northern Long-eared Bat in forested habitats• Tree cutting in suitable habitat may not be

permitted during a specific time period (e.g. April 16 through October 31st or March 31 through November 15 for Indiana bat)

• Breeding birds: nesting season

NRCS (2016) Tree Cutting and Northern Long Eared Bat. United States Department of Agriculture, Natural Resources Conservation Service (NRCS).

https://www.fws.gov/northeast/pafo/pdf/IBATconservationplanguidance_PAFO_040412.pdf

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Timing Restrictions (cont’d)

• Turbidity and noise-generating activities may affect T&E species, warmwater and/or anadromous fish

• April to May: upriver migration of spawning adults of Atlantic sturgeon• Spawning period: mid-March to late-

June (females return to ocean)• In-water restriction March 15-June 30

• Males return to ocean in the fall• In-water restriction September 30

through November 30

• Winter flounder: January 1 – May 31

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Habitat Suitability Index for T&ERA

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Case StudyGarden State Parkway (Rt 52) Over Drag Channel and Great Egg Harbor Replacement

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Replacement of GSP over Great Egg Harbor• Demolition of existing Cape May

County Bridge Commission’s Beesley’s Point Bridge (Rt 9)

• Construction of new bridges which cross Drag Channel (28.5 S; 770 ft) and Great Egg Harbor (28.0 S; 3,840 ft)• GEH bridge underlain with 20 piers

with 3 columns each using prestressed concrete beams

• Designed to minimize impact on the environment

• Cost: $143 million

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Permit Requirements

• Identification and delineation of wetlands regulated by NJDEP as well as USACE

• Submerged Aquatic Vegetation Survey

• Essential Fish Habitat Assessment

• T&E Species Habitat Assessment

• USACE Jurisdictional Determination

• NJDEP Coastal General Permit

• Consultation under Section 7 of the ESA with NMFS for acoustic effects to federally listed sea turtles and Atlantic sturgeon

• NJ No Net Loss Reforestation Plan and Riparian Zone Compensation Plan

• Timing window for tree cutting to protect breeding birds

• Identification of nesting pair of endangered peregrine falcons on existing bridge structure and design/construction of alternate nesting structure which was successfully used

Hardesty and Hanover22

Receptors

• Federally threatened or endangered sea turtles• Loggerhead (Caretta caretta)• Kemp’s ridley (Lepidochelys

kempi)• Green turtle (Chelonia mydas)• Leatherback sea turtle

(Dermochelys coiracea)• Expect only rare transient

presence

• Endangered Atlantic sturgeon (Acipenser oxyrhynchusoxyrhynchus)

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Stressor: Pile Driving

• 30 inch square precast pre-stressed concrete piles• Initially jetted into place for foundation

location• Driven to capacity with an impact

hammer

• Maximum underwater noise levels at source (within 3 feet of pile)• Concrete: 172 dB• Steel sheetpiles: 147 dB• Steel pipe piles: 180 dB

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Effects of Noise on Sea Turtles (NMFS)

• Effects• >166 dB re 1uPaRMS: behavioral

disturbance/modification (e.g., increased swimming speed)

• >175 dB re 1uPaRMS: avoidance behavior

• >222 dB re 1uPaPeak: May cause injury

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Risk Management

• “Warning” strikes prior to hammering

• Temporary steel sheet pile cofferdam installed around designated pier foundation

• Where bathymetry of the channel does not support cofferdam installation, piles surrounded by turbidity curtains placed ~200 feet away

• Installation of bubble curtains around all piles to be installed (attains a ~20 dB reduction in underwater noise levels)

• Wooden cushion block/pad on all piles to be installed (11-26 dB reduction in noise)

• Noise attenuates 5-10 dB with every 30-60 feet

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Risk Assessment to Marine Life – Bridge Demolition• Demolition of old piers through use of nitroglycerin dynamite in concrete

structures • Explosives are placed in concrete piers at low tide and exploded at high tide, which

minimizes flying debris• Receptors: Atlantic sturgeon and sea turtle

• “Scare charges” (non-electric blasting caps) detonated 15 to 30 seconds prior to main blast

• Produces predicted over pressure of 1.4 psi within 25 feet (well below threshold levels)

• Generally clears a 100 ft radius around point of explosion

• Blast generates overpressure which is monitored at varying distances • 14 psi at 70 ft• 9 psi at 100 ft• 4 psi at 200 feet• 1.3 psi at 500 feet

• Conservative threshold for fish mortality is 14 psi (50 psi for Salmonid mortality)

• Post-blast inspections are conducted in the water around each blast and fish mortalities are reported.

• Demolition debris recovered using crane and clamshell bucket surrounded by turbidity curtain

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Conclusions

• Monitoring of bridge demolition did not identify impacts to T&E marine life

• Monitoring of noise levels conducted during pile driving to confirmed modeled estimates

• Precautionary mitigation used to reduce risks of impacts to T&E and non-T&E species

• Scientific data is essential to characterizing and minimizing risks

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Questions?

NJ Division of Fish and Wildlife

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