The National Marine Fisheries Service (NMFS or Fisheries Service) issued a permit to the Water Emergency Transportation Authority (WETA) on February 25, 2015, for proposed in-water dock construction activities at Alameda Point that may impact resident harbor seals.
In its permit, they brushed off concerns of the Sierra Club, the San Francisco Bay Conservation and Development Commission (BCDC), and many residents that removal of the old dock used by harbor seals as a haul out could cause them to abandon the area.
The Fisheries Service doesn’t seem bothered that the seals might abandon the area. They suggest the harbor seals could use a nearby rocky breakwater or a beach on Yerba Buena Island about four miles away. The Fisheries Service even went as far as belittling the dock structure and location preferred by the harbor seals as being “artificial” and “manmade,” even though examples of artificial wildlife habitat enhancements are widespread, some of them sanctioned by the Fisheries Service.
The Fisheries Service stated, “NMFS does not consider building an artificial harbor seal haul-out is a good conservation measure to compensate for the loss of the old floating dock that is being used as a haul-out by 10-20 harbor seals. The floating dock proposed to be removed is a manmade structure that is bound to disappear as it deteriorates and falls apart. To build another new structure without maintenance will likely have the same issue in the near future. Therefore, NMFS considers it better conservation practice not to construct a new structure just to replace the current deteriorating artificial one.”
No one suggested that conservation measures come “without maintenance.” Some periodic maintenance would obviously be necessary.
Fisheries Service philosophy out of touch
If “manmade” artificial landscape features were poor conservation measures, then we would have to assume the Fisheries Service would not approve of fish ladders in rivers and streams to aid fish migration. Nor would they have approved of the artificial reef constructed off the coast of Texas using decommissioned and cleaned ships, and decommissioned oil rigs. A thriving marine reef habitat — through artificial means — has been the result.
At Alameda Point, the entire least tern nesting site is artificial, from the imported sand, oyster shells, shelters and fence to the entire land mass underneath it created by filling in a marsh. Likewise, the least tern nesting island in the Hayward Shoreline marsh is artificially constructed and may someday be underwater. Both of these artificial sites are successful in aiding endangered birds by replacing habitat lost due to human development and uses.
The Fisheries Service response to the comments on the impacts of the ferry maintenance facility gives the appearance of being out of touch. Instead of calling for a small mitigation measure in the form of a new haul out by the agency that is altering the ecosystem, they have shifted the burden to the harbor seals. This is backwards. It sets the baseline conditions as “tomorrow” rather than “yesterday” before modern development ruined most of the shoreline habitat in the Bay.
But there is still hope. The Alameda City Council will have an opportunity at its Tuesday, March 3 meeting to rectify the pending lease agreement with WETA that fails to include provisions for the harbor seals. And a few weeks later, BCDC will have an opportunity to ensure that its permit for the project contains harbor seal haul-out requirements.
Sierra Club comment letter to Alameda City Council on WETA lease
BCDC comment letter to National Marine Fisheries Service on WETA permit
Sierra Club comment letter to National Marine Fisheries Service on WETA permit