Rogue River, Oregon,

Ocean dredged material disposal site Designation

Biological Assessment

For listed species, including Southern Oregon/northern california Coast
CohO Salmon, southern dps Green Sturgeon,

mARINE MAMMALS, MARINE TURTLES,

and birds

Essential Fish Habitat Assessment

For groundfish, coastal pelagic,

and salmonid species

Prepared BY

U.S. Environmental protection agency

REgion 10, seattle, washington

June 5, 2008

Table of Contents

  TOC \o "1-2"  Biological Assessment	  PAGEREF _Toc200444833 \h  1

Introduction	  PAGEREF _Toc200444834 \h  1

Proposed Action	  PAGEREF _Toc200444835 \h  2

History of Site	  PAGEREF _Toc200444836 \h  4

Environmental Baseline	  PAGEREF _Toc200444837 \h  4

Physical Characteristics	  PAGEREF _Toc200444838 \h  4

Overview of Aquatic Resources	  PAGEREF _Toc200444839 \h  6

ESA-Listed Species Status and Occurrence in the Vicinity of the Proposed
Rogue River ODMDS	  PAGEREF _Toc200444840 \h  15

Assessment of Effects	  PAGEREF _Toc200444841 \h  20

SONCC Coho Salmon	  PAGEREF _Toc200444842 \h  21

Green Sturgeon	  PAGEREF _Toc200444843 \h  22

Marine Mammals	  PAGEREF _Toc200444844 \h  22

Marine Turtles	  PAGEREF _Toc200444845 \h  22

Marbled Murrelet, Short-tailed Albatross, and Brown Pelican	  PAGEREF
_Toc200444846 \h  22

Cumulative Effects	  PAGEREF _Toc200444847 \h  23

Determination for ESA-Listed Species	  PAGEREF _Toc200444848 \h  23

Essential Fish Habitat Assessment	  PAGEREF _Toc200444849 \h  25

Assessment of Potential Effects of the Proposed Action on EFH	  PAGEREF
_Toc200444850 \h  27

Determination for Essential Fish Habitat	  PAGEREF _Toc200444851 \h  30

Literature Cited	  PAGEREF _Toc200444852 \h  31

LIST OF TABLES

  TOC \h \z \c "Table"    HYPERLINK \l "_Toc200444853"  Table 1.
ESA-listed Fish, Marine Mammals, Marine Turtles, Birds, and Plants that
May Occur in the Action Area	  PAGEREF _Toc200444853 \h  3

  HYPERLINK \l "_Toc200444854"  Table 2.  Sediment Grain Size and Total
Volatile Solids Data for ODMDS Samples, 2007	  PAGEREF _Toc200444854 \h
5

  HYPERLINK \l "_Toc200444855"  Table 3.  Densities and Diversity
Indices, Benthic Invertebrates, August 2007	  PAGEREF _Toc200444855 \h
8

  HYPERLINK \l "_Toc200444856"  Table 4.  Densities and Diversity
Indices, Benthic Invertebrates, November 2007	  PAGEREF _Toc200444856 \h
 8

  HYPERLINK \l "_Toc200444857"  Table 5.  Relative Density of Major
Benthic Invertebrate Taxa	  PAGEREF _Toc200444857 \h  9

  HYPERLINK \l "_Toc200444858"  Table 6.  Trawl Data, Fish and
Epibenthic Species, August 2007	  PAGEREF _Toc200444858 \h  13

  HYPERLINK \l "_Toc200444859"  Table 7.  Trawl Data, Fish and
Epibenthic Species, November 2007	  PAGEREF _Toc200444859 \h  14

  HYPERLINK \l "_Toc200444860"  Table 8.  Species with Designated EFH
Offshore from the Rogue River as Provided by NMFS	  PAGEREF
_Toc200444860 \h  26

LIST OF FIGURES

  TOC \h \z \c "Figure"    HYPERLINK \l "_Toc200444861"  Figure 1.
Rogue River ODMDS and Vicinity	  PAGEREF _Toc200444861 \h  2

  HYPERLINK \l "_Toc200444862"  Figure 2.  Proposed Rogue River ODMDS
with 2007 Sampling Locations	  PAGEREF _Toc200444862 \h  7

  HYPERLINK \l "_Toc200444863"  Figure 3.  Diversity (H’) of Benthic
Invertebrates at ODMDS Sampling Stations	  PAGEREF _Toc200444863 \h  9

  HYPERLINK \l "_Toc200444864"  Figure 4.  Diversity (SDV) of Benthic
Invertebrates at ODMDS Sampling Stations	  PAGEREF _Toc200444864 \h  10

  HYPERLINK \l "_Toc200444865"  Figure 5.  Evenness (J’) of Benthic
Invertebrates at ODMDS Sampling Stations	  PAGEREF _Toc200444865 \h  10

  HYPERLINK \l "_Toc200444866"  Figure 6.  Species Richness (SR) of
Benthic Invertebrates at ODMDS Sampling Stations	  PAGEREF _Toc200444866
\h  11

  HYPERLINK \l "_Toc200444867"  Figure 7.  Densities of Benthic
Invertebrates at ODMDS Sampling Stations	  PAGEREF _Toc200444867 \h  12

  HYPERLINK \l "_Toc200444868"  Figure 8.  Coho Salmon Timing, Rogue
River below Marial	  PAGEREF _Toc200444868 \h  17

 Biological Assessment

Introduction

The U.S. Environmental Protection Agency (EPA) is proposing final
designation under the Marine Protection, Research and Sanctuaries Act of
1972, as amended, 33 U.S.C. §§ 1401 to 1445, (MPRSA), for the existing
Section 103 Ocean Dredged Material Disposal Site (ODMDS).  That site is
located approximately 1.75 miles to the southwest of the entrance to the
Rogue River on the southern Oregon Coast (Figure 1).

The primary anticipated user of the proposed Rogue River ODMDS is the
U.S. Army Corps of Engineers (Corps), who anticipates using the site for
disposal of dredged material from the federally authorized Rogue River
navigation project.  Persons or entities who want to use the proposed
site for disposal of suitable dredged material must seek a permit, or in
the case of the Corps, meet the substantive requirements for a permit,
including EPA concurrence, before the proposed Rogue River ODMDS site
may be used.  EPA’s proposed site designation does not authorize any
disposal activity.

The National Marine Fisheries Service (NMFS) provided a species list for
the proposed Rogue River ODMDS on August 3, 2007.  The U.S. Fish and
Wildlife Service (USFWS) provided a species list for the project on June
12, 2007, which was confirmed using the May 24, 2008 Curry County,
Oregon species list from the USFWS’s website
(http://www.fws.gov/oregonfwo/Species/Lists/).  This Biological
Assessment (BA) is being prepared pursuant to Section 7(c) of the
Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 to 1544,
(ESA), to evaluate the effects of designation of the existing Section
103 ODMDS on the federally listed fish, mammal, turtle, bird, and plant
species that may occur in the area (Table 1).

Under the ESA, “action area” means all areas to be affected directly
or indirectly by the federal action and not merely the immediate area
involved in the action (50 CFR 402.02).  Indirect effects are those
effects that are caused by or will result from the proposed action and
are later in time, but are still reasonably certain to occur (50 CFR
§402.02).  For this BA, the action area for the Rogue River ODMDS
includes the disposal sites, the water column within the disposal sites,
and an area 200 feet in every direction from the boundaries of the
disposal sites (see Figure 1).  Disposal of material at the proposed
ODMDS is an indirect effect of site designation and the most likely
environmental impacts of disposal (turbidity, physical disturbance, and
benthic effects) would generally be limited to this action area.

Effects to essential fish habitat (EFH) are being assessed in that
attached Essential Fish Habitat Assessment, pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act (Public Law
94-265), as amended by the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 (P.L. 109-479), (MSA).  The
species that have designated EFH in the vicinity of the proposed Rogue
River ODMDS include five coastal pelagic species, numerous groundfish
species, and coho and Chinook salmon. The same general concept as
described for the ESA “action area” is used for the EFH Assessment.

Figure   SEQ Figure \* ARABIC  1 .  Rogue River ODMDS and Vicinity

Proposed Action

The proposed action consists of designation of an ODMDS located
approximately 1.75 miles southwest of the entrance to the Rogue River on
the southern Oregon Coast (see Figure 1).  The proposed Rogue River
ODMDS received Interim EPA designation in 1977 (40 CFR 228.12) and has
been in use since that time.  The site occupies approximately 116 acres.
 The site’s dimension is 1,400-feet wide by 3,600-feet long with site
depth ranging from approximately 50 to 90 feet.  Figure 1 shows the
location of the proposed site.  The site generally lies on bottom
contours sloping at a rate of 8/1000 feet to the west-southwest.  The
disposal site, placement area, and drop zone are identical.

The proposed Rogue River ODMDS coordinates are (NAD 83):

42° 24’ 15.40” N 124° 26’ 52.39” W

42° 24’ 03.40” N 124° 26’ 39.39” W

42° 23’ 39.40” N 124° 27’ 17.40” W

42° 23’ 51.40” N 124° 27’ 30.40” W

Table   SEQ Table \* ARABIC  1 .  ESA-listed Fish, Marine Mammals,
Marine Turtles, Birds, and Plants that May Occur in the Action Area

Species	Status	Federal Register (FR)

Listing	Critical Habitat

SONCC Coho Salmon

Oncorhynchus kisutch	Threatened	70 FR 37160; 6/28/2005	64 FR 24049;
5/5/1999

Southern DPS Green Sturgeon

Acipenser medirostris	Threatened	71 FR 17757; 4/07/2006	None designated

Eastern DPS Steller Sea Lion

Eumetopias jubatus	Threatened	62 FR 24345; 5/05/1997	58 FR 45269;
8/27/1993

Blue Whale

Balaenoptera musculus	Endangered	35 FR 18319; 12/02/1970	None designated

Fin Whale

Balaenoptera physalus	Endangered	35 FR 18319; 12/02/1970	None designated

Sei Whale

Balaenoptera borealis	Endangered	35 FR 18319; 12/02/1970	None designated

Sperm Whale

Physeter macrocephalus	Endangered	35 FR 18319; 12/02/1970	None
designated

Humpback Whale

Megaptera novaeangliae	Endangered	35 FR 18319; 12/02/1970	None
designated

Southern Resident Killer Whale

Orcinus orca	Endangered	70 FR 69903; 11/18/2005	71 FR 69054; 11/29/2006

Loggerhead Sea Turtle

Caretta caretta	Threatened	43 FR 32800; 7/28/1978	None designated

Green Sea Turtle

Chelonia mydas	Threatened	43 FR 32800; 7/28/1978	63 FR 46693; 9/02/1998

Leatherback Sea Turtle

Dermochelys coriacea	Endangered	35 FR 8491; 6/02/1970	44 FR 1771;
3/23/1979

Olive Ridley Sea Turtle

Lepidochelys olivacea	Threatened	43 FR 32800; 7/28/1978	None designated

Marbled murrelet

Brachyramphus marmoratus	Threatened	57 FR 45328; 10/01/1992	61 FR 26255;
05/24/1996

Brown Pelican

Pelecanus occidentalis	Endangered	35 FR 8491; 06/02/1970	None designated

Western snowy plover

Charadrius alexandrinus nivosus	Threatened	58 FR 12864; 03/05/1993	70 FR
56969; 09/29/2005

Short-tailed albatross

Phoebastria (=Diomedea) albatrus	Endangered	35 FR 8491; 06/02/1970	None
designated

Northern spotted owl

Strix occidentalis caurina	Threatened	55 FR 26114; 06/26/1990	57 FR
1796; 01/15/1992

Macdonald’s rockcress

Arabis macdonaldiana	Endangered	43 FR 44810; 09/28/1978	None designated

Western lily

Lilium occidentale	Endangered	59 FR 42171; 08/17/1994	None designated

Use of the Rogue River ODMDS would be for disposal of material dredged
from maintenance of the federal navigation project at the Rogue River
and, through separate Section 103 permit evaluations pursuant to the
MPRSA, for the disposal of suitable dredged material from other dredging
projects.  Each specific proposal to dispose of dredged material at the
proposed Rogue River ODMDS would require a permit, or in the case of the
Corps, a demonstration that substantive permit requirements have been
met, before disposal could occur.

History of Site

The Rogue River ODMDS, or areas in the same vicinity, have been used by
Corps, Portland District for dredged material disposal since 1962.  The
existing Rogue River ODMDS received an interim designation in 1977 and
has been in use continuously for disposal of dredged material since that
time.   Pending final designation by EPA, the Corps selected this site
in 1998 under Section 103 of the MPRSA and extended this selection for a
final 5-year period in 2003.  Following expiration of this period, EPA
must designate the site under Section 102 of the MPRSA in order for
dredged material to be disposed of at this location.  The volume of
dredged material deposited offshore from the Rogue River navigation
project from 1976-1985 ranged from zero to 142,260 cubic yards (cy) with
an annual average of 47,500 cy, all of which was from the Federal
navigation channel.  From 1986 to 1989 maintenance activity was
diminished (no dredging occurred in 1988) and volumes were reduced to an
annual average of 35,600 cy for the 3 years dredging did occur.  From
1986 through 2006, over 1.1 million cy (1,129,000 cy) were placed at the
103-selected Rogue River ODMDS for a 20-year average annual loading
volume of about 54,000 cy/year.  From 2000 to 2007 the average annual
placement of material at the 103-selected Rogue River ODMDS was 41,000
cy.  A uniform placement strategy has been applied and has resulted in
uniform accumulations on the bottom.  Regular bathymetric surveys have
shown that persistent mounding has not occurred at the site.  Continued
management and monitoring of the site will take place in accordance with
a Site Management and Monitoring Plan (SMMP), which is currently being
drafted and will be available for public comment before EPA finalizes
its proposed action to designate the Rogue River ODMDS.  Over the
long-term, based on the site history, site capacity seems to be
virtually unlimited as material placed redistributes out of the site,
presumably feeding the littoral cell.

Environmental Baseline

Physical Characteristics

The Rogue River estuary is located along the southern Oregon coast
opening into the Pacific Ocean approximately 264 miles south of the
mouth of the Columbia River and about 40 miles north of the California
boarder.  The Oregon Coast continental shelf averages approximately
15-25 miles in width, but is 10 miles wide off of the Rogue River.  The
Rogue River estuary is surrounded by steep, rounded hills that gain 700
feet in elevation within 0.5 mile.  Along the coastline, the beach
extends inland about 200 yards before rising sharply into hilly terrain.
 Gold Beach, located on the Rogue River and approximately 1.5 miles from
the proposed Rogue River ODMDS, acquired its name from the placer gold
found in gravels beneath the sandy beach that were exposed by winter
storm waves.  Other metallic minerals located in the beach sands of the
area include chromite, magnetite, platinum, and zircon.

The three external sources of sediment in the vicinity of the existing
Rogue River site are fluvial, dredging disposal, and coastal erosion.
The primary fluvial source is the Rogue River.  Coastal erosion studies
show that much of the shoreline north of the Rogue River is unstable and
contributes a continuous amount of sediment to the littoral system.

The nearshore mean circulation is alongshore, closely paralleling the
bathymetric contours with a lesser onshore-offshore component.
Circulation patterns are variable with season and weather conditions.
Monitoring of currents shows that the dominant nearshore current is to
the south with short 2- to 3-month periods each winter of currents to
the north.  At the proposed Rogue River ODMDS, measured currents are
generally north with slightly more of an onshore component in July.  For
April-May, the strongest currents are usually north along the bottom
contours.  In July, the currents are mostly onshore, across bottom
contours and northward.  No significant current southward has been
recorded.

Rogue River Sediments

Sediment quality data was collected in 1981, 1982, 1992, 1997, 2002 and
2007 from the federal navigation project.  Six (6) samples were
collected and submitted for testing in 2007.  All samples were submitted
for physical analyses.  Material within the outer river channel
consisted of 82.5% sand, with shell hash (range 94.1% to 70.9%) and
17.5% fine-grained material (range 29.1% to 5.9%); volatile solids on
the one sample analyzed from this area were 4.53 %.   Material from the
inner channel, leading to the boat basin, was 64.9% sand, with shell
hash (range 79.3% to 50.2%) and 35.1% fine-grained material (range 49.8%
to 20.7%) with volatile solids content ranging from 10.5% to 5.8% (mean
7.5 %).  Four samples were chemically analyzed for metals, total organic
carbon, pesticides, polychlorinated biphenyls (PCBs), phenols,
phthalates, miscellaneous extractables, and polynuclear aromatic
hydrocarbons (PAHs).  Sampling and analysis activities followed the
procedures described in the Rogue River Sediment Quality Evaluation
(https://www.nwp.usace.army.mil/ec/dme.asp).

Sediment from the entrance channel was primarily coarse-grained,
composed of greater than 80% sand/gravel with less than 5% volatile
solids.  Sediment from the boat basin access channel was sandy silts.
All results for metals, except for nickel, were below the screening
levels found in the Sediment Evaluation Framework (Corps and others
2006).  The levels of nickel found in the samples were consistent with
samples taken in the 1992, 1997, and 2002 sampling events.  Nickel
levels have historically been higher in Rogue River sediments than in
other coastal estuaries and are considered background levels for the
Rogue River project.  All results for pesticides, PCBs, phenols,
phthalates, extractables, and PAHs were below established screening
levels.

ODMDS Sediments

Geological data collected in 2007 by Marine Taxonomic Services (2008)
showed that the sediments in the proposed Rogue River ODMDS are mostly
medium-to fine-grained marine sands with at least 99% of the material
larger than 0.062 millimeters (mm) except at one station that was mostly
coarse gravel (Table 2).  Shell debris was present at most stations.
These sandy sediments are common to the Oregon Coast with natural
variations in percent fines due to variations in physical structures and
riverine input.  Byrne and Panshin (1977) found the area around the
proposed Rogue River ODMDS to be a sandy area with an area of gravel
near the east end of the site and the possibility of rock out-crops in
the area.  Trawling in 2007 confirmed that there are likely some low
rock outcrops within the proposed site that may be periodically covered
with sand during some ocean conditions (Marine Taxonomic Services 2008).
 Total volatile solids analysis showed low total volatile solids (1.72%
to 2.49%) at all stations.

Table   SEQ Table \* ARABIC  2 .  Sediment Grain Size and Total Volatile
Solids Data for ODMDS Samples, 2007

Sample I.D.	Percent (%)	Sample Depth

(feet)

	Gravel	Sand	Silt/Clay	Volatile Solids

	ROGO0707-BC-01	0.0	97.4	1.98	2.09	61

ROGO0707-BC-02	0.0	96.2	3.76	2.27	100

ROGO0707-BC-03	88.3	7.4	2.19	1.72	38

ROGO0707-BC-04	0.1	97.7	3.8	2.49	61

ROGO0707-BC-05	0.0	95.4	3.16	2.42	79

There is no mound of disposal material apparent within the disposal
site, which indicates that most material is being dispersed by currents
and wave action.  The character of the Rogue River entrance sediments,
isolation from existing or historical sources of contaminants, and the
presence of strong hydraulic regimes establish that the dredged material
is exempt from further testing according to provisions of EPA’s Ocean
Dumping Regulations at 40 CFR 227.13(b).  Nevertheless, in 2007 five (5)
surface-grab sediment samples were collected at the ODMDS with a 0.96 m2
modified Gray-O’Hara boxcore sampler to allow for a quantitative
assessment of the material.  Three (3) samples were collected from east
to west along the centerline of the site (-01, -02, -03).  For reference
one (1) sample was collected north (-04) of the site and one (1) sample
was collected to the south (-05).  All samples were subjected to
physical (Table 2) and chemical analysis.  Sediments were analyzed for
ten (10) heavy metals and compared to Sediment Evaluation Framework
(SEF) Screening Levels (SL).   Effects based screening levels in the SEF
are interpretive standards for major chemicals of concern, which are
used to evaluate whether sampled sediments require biological testing
before determining whether they are suitable for open water disposal.
Of the 10 metals, all but silver (Ag) and mercury (Hg) were present in
all of the samples (Hg was not present in sample -03).  No detected
metal values approached their respective SEF SLs.

Nickel (Ni) no longer has a marine SL in the SEF; it has historically
been detected in the Rogue River sediment at levels higher than most
Oregon coastal rivers.  The levels of nickel detected at the Rogue River
Navigation Project are determined to be from natural sources and are
consistent with historical background levels.  The samples collected
both inside and outside of the proposed Rogue River ODMDS also reflect
this elevated Ni level.  All results for pesticides, PCBs, phenols,
phthalates, extractables, and PAHs were below established SLs.

Water Quality

Water quality throughout the action area is expected to be typical for
seawater of the Pacific Northwest.  There is no reason to expect
significant chemical contamination in either the water or sediments as
few industries are located along the estuary.  Basic water quality
parameters were taken in field sampling during collections of sediment
samples from the entrance channel in 1982 by the USGS.  All of the
values have been within normal ranges for the Oregon Coast.

Overview of Aquatic Resources

Field sampling in 1984 gathered information on aquatic resources at the
existing Rogue River site (Corps 1988b).  The benthic infaunal community
was dominated by gammarid amphipods and polychaete annelids.  Gastropods
and cumaceans were also common.  Snails were the dominant epibenthic.
No significant difference in species diversity between the sampling
stations located within the disposal site and the reference sites were
observed.  In general, benthic infauna densities were lower as compared
to other shallow-water ocean disposal sites.

Field surveys were conducted in August and November 2007 by Marine
Taxonomic Services (2008) to provide current information about the
benthic invertebrate, fish, and epibenthic species present at the
existing Rogue River site.  The benthic infaunal study (Task I) used a
0.096 m2 modified Gray-O’Hara box core sampler to take five biological
cores and one geological core at five sampling sites (Figure 2).  The
geological samples were taken during the August cruise only.  The
demersal fish and epibenthic invertebrate study (Task II) used a 26-foot
semi-balloon otter trawl with a 0.25-inch mesh liner.  Ten minute
(bottom time) trawls were taken along each of the three selected trawl
tracks.

Figure   SEQ Figure \* ARABIC  2 .  Proposed Rogue River ODMDS with 2007
Sampling Locations

The benthic invertebrate fauna at the Rogue River ODMDS was found to be
typical of the nearshore, high-energy environment found along the Oregon
Coast.  The benthic community at the site was driven by the
opportunistic polychaetes Magelona sacculata, Spiophanes bombyx and
Chaetozone nr. setosa and the gammarid amphipods Mandibulophoxus gilesi
and Eohaustorius spp.  The only commercially important benthic infaunal
species (Siliqua spp.) was not very abundant at the site.  The benthos
in the area is typical of the communities found near other ocean
disposal sites along the Oregon Coast, such as Coos Bay areas E and F,
Umpqua River, Siuslaw River, and Chetco River (Hancock et al., 1981;
Corps 1985, 1988a, 1988b, 1990, 1999).  This benthic community, largely
dominated by very mobile organisms, provides an important and highly
adaptable link in the marine food web.  These organisms serve as a
direct food source for other benthic organisms and demersal fishes.
They also play an active role in the breakdown of organic debris and the
tube-building species help stabilize the marine sediments.  Many of the
benthic species in the area are able to survive in this dynamic
environment since they are either very mobile or are able to react both
to natural or human perturbations.  They can readily recolonize in
disturbed areas.

Tables 3 and 4 show a summary comparing diversity (H’ and SDV),
evenness (J’) and species richness (SR) at the stations sampled in
August and November 2007, respectively (also see Figures 3 through 6).
The tables also include the number of organisms, the calculated number
per meter squared (m2), and the number of species.  Table 5 shows the
relative densities of the major taxa at each station.

Table   SEQ Table \* ARABIC  3 .  Densities and Diversity Indices,
Benthic Invertebrates, August 2007

Station	# Organisms	# per m2	# Species	H’	SDV	J’	SR

1	1,772	3,686	45	1.75	0.6341	0.4597	5.8825

2	2,869	5,968	62	1.92	0.7329	0.4652	7.6617

3	3,431	7,136	57	2.31	0.8567	0.5714	6.8791

4	1,833	3,813	61	2.29	0.7852	0.5571	7.9854

5	2,006	4,172	43	1.92	0.7538	0.5105	5.5235

Key:  Species diversity (H’ and SDV), evenness (J’) and species
richness (SR).

Table   SEQ Table \* ARABIC  4 .  Densities and Diversity Indices,
Benthic Invertebrates, November 2007

Station	# Organisms	# per m2	# Species	H’	SDV	J’	SR

1	1,214	2,525	47	2.49	0.8312	0.6467	6.4773

2	1,582	3,291	41	2.29	0.8342	0.6167	5.4300

3	632	1,315	41	2.72	0.8922	0.7324	6.2026

4	1,049	2,182	51	2.89	0.9038	0.7350	7.1885

5	1,230	2,558	43	2.53	0.8684	0.6727	5.9032

Key:  Species diversity (H’ and SDV), evenness (J’) and species
richness (SR).

Table   SEQ Table \* ARABIC  5 .  Relative Density of Major Benthic
Invertebrate Taxa

POLYCHAETA

August 2007	POLYCHAETA

November 2007

MOLLUSCA

August 2007	MOLLUSCA

November 2007

Sta.	# Of

Org.	#/m2	Sta.	# Of

Org.	#/m2

Sta.	# Of

Org.	#/m2	Sta.	# Of

Org.	#/m2

1	1,407	2,927	1	836	1,739

1	9	19	1	20	42

2	2,449	5,094	2	1,276	2,654

2	32	67	2	21	44

3	2,786	5,795	3	418	869

3	102	212	3	24	50

4	1,322	2,750	4	735	1,529

4	31	64	4	25	52

5	1,556	3,236	5	767	1,595

5	19	40	5	20	42

CRUSTACEA

August 2007	CRUSTACEA

November 2007

ECHINODERMATA

August 2007	ECHINODERMATA

November 2007

Sta.	# Of

Org.	#/m2	Sta.	# Of

Org.	#/m2

Sta.	# Of

Org.	#/m2	Sta.	# Of

Org.	#/m2

1	294	612	1	318	661

1	1	2	1	1	2

2	286	595	2	257	535

2	4	8	2	2	4

3	509	1,058	3	169	352

3	0	0	3	3	6

4	361	751	4	240	499

4	13	27	4	10	21

5	384	799	5	417	867

5	3	6	5	3	6

Figure   SEQ Figure \* ARABIC  3 .  Diversity (H’) of Benthic
Invertebrates at ODMDS Sampling Stations

Figure   SEQ Figure \* ARABIC  4 .  Diversity (SDV) of Benthic
Invertebrates at ODMDS Sampling Stations

Figure   SEQ Figure \* ARABIC  5 .  Evenness (J’) of Benthic
Invertebrates at ODMDS Sampling Stations

Figure   SEQ Figure \* ARABIC  6 .  Species Richness (SR) of Benthic
Invertebrates at ODMDS Sampling Stations

Figure 7 shows the density of benthic invertebrates at each station.
The density distribution data shows higher invertebrate densities in
August.  The November numbers show a one-third to nearly one-half
reduction in density at four of the five sampling sites.  The reduction
most likely results from natural mortality combined with the early start
of winter-type storm fronts that occurred along the Oregon Coast in late
September through October, 2007.

Figure   SEQ Figure \* ARABIC  7 .  Densities of Benthic Invertebrates
at ODMDS Sampling Stations

Tables 6 and 7 show the demersal fish and epibenthic species captured by
otter trawl.  The trawls also included quantities of krill (Mysidacea)
and various species of sand shrimp, mostly of the genus Crangon.  The
trawl results show several commercially important species present in the
area.  Most of the specimens were juvenile or sub-legal individuals.
Commercially important species included Dungeness crab (Cancer
magister), sanddab (Citharichthys sp.), butter sole (Isopsetta
isolepis), English sole (Parophrys vetulus), sand sole (Psettichthys
melanostictus), and big skate (Raja binoculata).

The trawl data indicated that the nearshore area is a nursery ground
with seemingly abundant food resources.  Most of the encountered species
are benthic or detrital feeders that tend to utilize the shallow and
somewhat sheltered area both because of the abundant food sources and
the protection from predators.  All six trawls (three trawls per
sampling event) taken in the area showed signs of encountering hard
bottom structures.  The evidence consisted of pieces of cold water
corals, worm tube fragments from species which attach to hard bottoms
(rock) and other pieces of hard bottom organisms.  This indicates that
there are some low rock outcrops within the area that may be
periodically covered with sand during some ocean conditions.

Table   SEQ Table \* ARABIC  6 .  Trawl Data, Fish and Epibenthic
Species, August 2007

Species	Parameter	Trawl #1	Trawl #2	Trawl #3

Cancer magister - female

Dungeness Crab	number of individuals	1	--	29

	size range (mm)	138	--	50-106

	average size (mm)	138	--	86

Cancer magister - male

Dungeness Crab	number of individuals	3	--	30

	size range (mm)	94-100	--	63-100

	average size (mm)	98	--	81

Bothidae juvenile	number of individuals	16	25	28

	size range (mm)	38-90	26-105	38-120

	average size (mm)	59	58	68

Chirolophis nugatum	number of individuals	--	1	--

	size range (mm)	--	38	--

	average size (mm)	--	38	--

Cottidae

Sculpins	number of individuals	17	14	--

	size range (mm)	21-43	21-44	--

	average size (mm)	27	31	---

Gadidae

Cod	number of individuals	3	--	--

	size range (mm)	30-32	--	--

	average size (mm)	31	--	--

Isopsetta isolepis

Butter Sole	number of individuals	--	11	4

	size range (mm)	--	82-180	95-232

	average size (mm)	--	103	130

Osmeridae

Smelts	number of individuals	17	6	1

	size range (mm)	25-63	40-50	48

	average size (mm)	45	47	48

Pallasina barbata

Tube Nose Poacher	number of individuals	--	1	1

	size range (mm)	--	124	71

	average size (mm)	--	124	71

Pandalus platyceros

Coon Striped Shrimp	number of individuals	--	3	--

	size range (mm)	--	--	--

	average size (mm)	--	--	--

Parophrys vetulus

English Sole	number of individuals	4	30	7

	size range (mm)	65-217	25-118	41-158

	average size (mm)	129	46	80

Pisaster brevispinus

Sea Star	number of individuals	1	--	--

	size range (mm)	--	--	--

	average size (mm)	--	--	--

Pleurenectidae - juvenile

Right Hand Flat Fish	number of individuals	4	2	37

	size range (mm)	26-43	20-47	28-47

	average size (mm)	35	34	35

Pleuronichthys coenosus

C-O Sole	number of individuals	2	--	--

	size range (mm)	38-38	--	--

	average size (mm)	38	--	--

Table 6 (continued).  Trawl Data, Fish and Epibenthic Species, August
2007

Species	Parameter	Trawl #1	Trawl #2	Trawl #3

Psettichthys melanostictus

Sand Sole	number of individuals	10	6	8

	size range (mm)	86-430	103-132	82-135

	average size (mm)	136	115	107

Pycnopodia helianthoides

Sun Star	number of individuals	--	--	1

	size range (mm)	--	--	--

	average size (mm)	--	--	--

Stellerina xyosterna

Prickle Breasted Poacher	number of individuals	--	1	5

	size range (mm)	--	68	32-111

	average size (mm)	--	68	59

Note:  Size range and average size = standard length of fish and
carapace width of crabs.

Table   SEQ Table \* ARABIC  7 .  Trawl Data, Fish and Epibenthic
Species, November 2007

Species	Parameter	Trawl #1	Trawl #2	Trawl #3

Cancer magister - female

Dungeness Crab	number of individuals	--	--	1

	size range (mm)	--	--	87

	average size (mm)	--	--	87

Cancer magister - male

Dungeness Crab	number of individuals	14	9	4

	size range (mm)	16-36	16-81	15-75

	average size (mm)	22	49	45

Bothidae juvenile	number of individuals	5	4	1

	size range (mm)	28-111	30-104	76

	average size (mm)	73	69	76

Cottidae

Sculpins	number of individuals	1	1	--

	size range (mm)	66	40	--

	average size (mm)	66	40	--

Isopsetta isolepis

Butter Sole	number of individuals	--	16	--

	size range (mm)	--	40-225	--

	average size (mm)	--	94	--

Leptocottus armatus

Staghorn Sculpin	number of individuals	--	--	5

	size range (mm)	--	--	100-133

	average size (mm)	--	--	108

Osmeridae

Smelts	number of individuals	152	65	21

	size range (mm)	20-94	30-68	32-68

	average size (mm)	50	50	54

Pallasina barbata

Tube Nose Poacher	number of individuals	1	--	--

	size range (mm)	95	--	--

	average size (mm)	95	--	--

Parophrys vetulus

English Sole	number of individuals	--	3	--

	size range (mm)	--	67-118	--

	average size (mm)	--	100	--

Table 7 (continued).  Trawl Data, Fish and Epibenthic Species, November
2007

Species	Parameter	Trawl #1	Trawl #2	Trawl #3

Pleuronectidae - juvenile

Right Hand Flat Fish	number of individuals	3	3	--

	size range (mm)	16-40	38-42	--

	average size (mm)	31	39	--

Psettichthys melanostictus

Sand Sole	number of individuals	5	15	1

	size range (mm)	58-159	54-157	57

	average size (mm)	79	81	57

Raja binoculata

Big Skate	number of individuals	--	1	--

	size range (mm)	--	435	--

	average size (mm)	--	435	--

Stellerina xyosterna

Prickle Breasted Poacher	number of individuals	6	3	--

	size range (mm)	55-142	62-140	--

	average size (mm)	85	109	--

Notes:

1.  Mysidae and Crangonidae present in all trawls.

2.  All trawls show the presence of small rock outcrops.  This evidence
consisted of pieces of sponge,

cold-water corals, and other miscellaneous hard bottom dwelling
organisms.

3.  Size range and average size = standard length of fish and carapace
width of crabs.

ESA-Listed Species Status and Occurrence in the Vicinity of the Proposed
Rogue River ODMDS

The National Marine Fisheries Service (NMFS) provided a species list for
the Rogue River proposed ODMDS on August 3, 2007.  The U.S. Fish and
Wildlife Service (USFWS) provided a species list for the project on June
12, 2007, which was confirmed with the May 24, 2008 Curry County, Oregon
species list from the USFWS’s website
(http://www.fws.gov/oregonfwo/Species/Lists/).  Table 1, supra, lists
all of the listed species and designated critical habitat that were
included in the lists from both NMFS and USFWS.  Those species and
critical habitat are addressed further below.

Coho Salmon

Coho salmon are distributed throughout the Pacific Ocean north of
central California.  This anadromous salmonid exhibits a relatively
short 3-year life cycle.  Adults typically reenter freshwater in late
summer through fall, spawn by mid-winter, and die thereafter.  Variation
is exhibited between and within populations of coho salmon.  Depending
upon water temperature, incubation in river gravels requires 1.5 to 4
months.  Juvenile coho salmon rear in freshwater up to 15 months after
emerging from the gravel.  They undergo considerable instream migration
during this period in the upper tributaries to find suitable winter and
summer rearing habitat (Miller and Sadro 2003).  After rearing, smolts
outmigrate to the ocean in the spring as age 1+ juveniles.

Juveniles tagged by Miller and Sadro (2003) in Coos Bay, an estuary to
the north of the Rogue River, showed that residence time in the lower
reach of South Slough in Coos Bay was brief, averaging 5.8 days with a
range of 4.2 to 6.2 days (based on a sample size of four fish).
Residence time in the upper portion of Isthmus Slough was considerably
longer.  Fish occurred in the upper area for up to 8 months before
becoming smolts and moving down into the lower portion of the slough.
Although the fish appeared to have the capability of moving through the
lower portion of the slough and into the ocean in 24 hours or less,
their combined behavior of holding and occasionally moving upstream with
flood tides prolonged their residence.  This behavior may be necessary
for their final adaptation to salt water before entering the ocean and
is the general behavior pattern expected for coho along the Oregon
coast.

For several months before they disperse into the open ocean, coho
typically stay in near-shore areas close to their natal streams (Groot
and Margolis 1991).  Juvenile coho from California to British Columbia
typically migrate northward along the coast, generally remaining over
the continental shelf within sight of land and at depths less than 90 to
150 meters (Groot and Margolis 1991).  Juvenile coho salmon feed
primarily on aquatic invertebrates while in freshwater, but fish become
an important prey as they grow larger (Groot and Margolis 1991).  In
estuarine and marine environments, chum and pink salmon fry, as well as
larvae of pacific crab are important prey.  Typically coho salmon spend
two growing seasons (approximately 18 months) in the ocean before
returning to their natal streams to spawn, however, precocious male
‘jacks’ return after 6 months.

The Southern Oregon/Northern California Coast (SONCC) coho ESU was
listed as threatened on May 6, 1997 and includes all naturally spawned
populations of coho salmon in coastal streams between Cape Blanco,
Oregon, and Punta Gorda, California (62 FR 24588).  Critical habitat was
identified (final rule) on May 5, 1999 (64 FR 24049).  In the final
rule, designated critical habitat, “…consists of the water,
substrate, and adjacent riparian zone of estuarine and riverine
reaches…” in specified hydrologic units of river reaches accessible
to coho salmon within the listed ESU (64 FR 24049).  The proposed Rogue
River ODMDS is not located within designated critical habitat for the
SONCC coho ESU.  In 2005, SONCC coho threatened status was reaffirmed
and three artificial propagation programs were added as part of this
ESU:  (1) Cole Rivers Hatchery (Oregon Department of Fish and Wildlife
(ODFW) stock #52), Rogue River, Oregon; (2) Trinity River Hatchery,
Trinity River, California; and (3) Iron Gate Hatchery, Klamath River,
California, (70 FR 37160).  NMFS determined that these artificially
propagated stocks are no more divergent relative to the local natural
population(s) than what would be expected between closely related
natural populations within the ESU (70 FR 37160).  A NOAA technical
memorandum (Good et al. 2005) found that recent data do not suggest any
marked change in the abundance or distribution of SONCC coho, with the
exception of the Rogue River stock, which showed an average increase in
spawners over the last several years.

The Rogue River, inland of the proposed Rogue River ODMDS, supports
anadromous salmonids including coho salmon, winter steelhead, and spring
and fall Chinook salmon and the Rogue River, but not the proposed Rogue
River ODMDS, is included as designated critical habitat for SONCC coho.
Figure 8 provides the Oregon Department of Fish and Wildlife time frames
for coho life-stage activities for the Rogue River below the community
of Marial (at RM 48).

Figure   SEQ Figure \* ARABIC  8 .  Coho Salmon Timing, Rogue River
below Marial

Life Stage/Activity	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec

	Upstream Adult Migration

	Adult Spawning C1

	Adult Holding

	Egg Incubation thru Fry Emergence

	Juvenile Rearing

	Downstream Juvenile Migration

	Represents periods of coho peak use based on ODFW professional opinion.

	Represents lesser level of coho use based on ODFW professional opinion.

Represents periods of presence, either with no level of use OR uniformly
distributed use.

	Based on ODFW professional opinion, 90% of the life-stage activity
occurs during the time frame shown as the peak use period.

Upstream migration of adult coho salmon ranges from mid-August through
November, with a distinctive peak in September to mid-October.  Juvenile
outmigration extends from April through June and peaks in mid-May to
mid-June.  Annual estimates of the Rogue Basin adult coho salmon run
size as measured passing Huntley Park from 1990 to 2004 are shown below
(  HYPERLINK "http://oregonstate.edu/Dept/ODFW/spawn/index.htm"
http://oregonstate.edu/Dept/ODFW/spawn/index.htm ).

1990	1991	1992	1993	1994	1995	1996	1997

3,051	1,027	2,208	361	5,439	3,761	4,622	8,282

	1998	1999	2000	2001	2002	2003	2004

2,316	1,438	10,966	12,213	7,800	6,754	24,481

Green Sturgeon

The threatened Southern distinct population segment (DPS) of the green
sturgeon includes all green sturgeon that spawn within the
Sacramento-San Joaquin rivers.  No critical habitat has been designated
for the Southern DPS.  Green sturgeon that spawn to the north, primarily
in the Klamath and Rogue rivers, constitute the Northern DPS, which is
not federally listed.  These two DPSs were established because they were
found to be genetically distinct.  Israel and others (2004) showed
genetic differences between one group of San Pablo Bay and Columbia
River fish and a second group of Klamath River and Rogue River fish.

Green sturgeon, because of their long life span, spend more time in the
marine environment than other sturgeon species (Adams et al., in press).
 Green sturgeon spawn in their natal rivers and migrate downriver to the
ocean after 3 to 5 years and disperse along the coastline.  Green
sturgeon have delayed sexual maturity, somewhere from 13 to 20 years,
and they apparently only spawn every 2 to 5 years (Moyle, 2002).  Green
sturgeon in the ocean can be assumed to remain largely inside the
100-meter depth contour and typically occupy depths of 40-70 meters
(Erickson and Hightower, 2007).  In the Rogue River, Northern DPS green
sturgeon spend approximately 6 months in fresh water annually and have
been captured as far upriver as river mile 65 (105 km) and emigrate to
the ocean between October and January (Erickson et al., 2002 and Erikson
and Webb, 2007).  Southern DPS green sturgeon, radio-tagged in the
Sacramento River, have recently been shown to occur seasonally in
Willapa Bay, as well as other northern estuaries including the Columbia
River estuary during the summer and early fall (Moser and Lindley,
2007).  Although there appears to be substantial spatial overlap in the
two DPSs, the Northern DPS appears to utilize smaller river estuaries
such as the Umpqua River estuary to a greater extent than the Southern
DPS (NMFS, 2007).

NMFS identified one of the major threats to the Southern DPS green
sturgeon as harvest in the spawning and natal areas of the
Sacramento-San Joaquin rivers and in more northern ocean, coastal, and
estuarine waters.  In the northern fisheries, it is during their
aggregation in estuaries that the greatest catch of Southern DPS green
sturgeon occurs.  In northern waters, green sturgeon are captured either
in directed sturgeon fisheries in estuarine waters, as by-catch in
salmon gillnet fisheries in estuaries and rivers, or in coastal trawl
fisheries along the West Coast (NMFS, 2007).  Historically, harvest came
predominately from the Columbia River (51%), coastal trawl fisheries
(28%), the Oregon fishery (8%), and the California tribal fishery (8%);
(Adams et al., in press).

Moser and Lindley (2007) propose that green sturgeon utilize northern
estuaries to optimize their growth potential in summer by foraging in
warm, saline estuaries and caution that altering the quality of
estuarine habitats could negatively affect this species throughout its
range.

Habitat use and food habits of green sturgeon in northern estuaries have
not been investigated in detail.  Digestive tract contents from 46
commercially caught Columbia River green sturgeon were found to contain
only algae (species unknown) and pebbles.  A digestive tract sample from
one Rogue River green sturgeon contained an exoskeleton of one crayfish
(Pacifasticus spp.) and algae (ODFW, 2005).  The Rogue River fish was
likely from the Northern DPS.  Collection of green sturgeon from Willapa
Bay showed that they fed on burrowing thalassinidean shrimp that are
abundant in the bay (Moser and Lindley, 2007).  Adults captured in the
Sacramento-San Joaquin delta were benthic feeders on invertebrates
including shrimp, mollusks, amphipods, and small fish (Houston 1988;
Moyle et al., 1992).  Juveniles in the Sacramento River delta fed on
opossum shrimp, Neomysis mercedis and Corophium amphipods (Radtke,
1966).

Marine Mammals

The Steller sea lion, listed as threatened in 1990 and reconfirmed as
threatened for the Eastern DPS in 1997 (58 FR 45269), breeds along the
West Coast of North America from California’s Channel Islands to the
Kurile Islands and the Okshotsk Sea in the western north Pacific Ocean.
They are year-long residents along the Oregon Coast, and are expected to
occur as migrants in the vicinity of the proposed Rogue River ODMDS.
Steller sea lions are known to haul out at 10 sites along the Oregon
Coast:  Columbia River South Jetty (Clatsop County), Ecola State Park
(Clatsop County), Three Arch Rocks (Tillamook County), Cascade Head
(Tillamook County), Seal Rock (Lincoln County), Sea Lion Caves (Lane
County), Cape Arago (Coos County), Blanco Reef (Curry County), Orford
Reef (Curry County) and Rogue Reef (Curry County).  Of these sites,
Orford Reef and Rogue Reef are rookeries and are included in designated
critical habitat for Steller sea lion.  Designated critical habitat at
Rogue Reef includes an air zone that extends 3,000 feet above the site
measured vertically from sea level and an aquatic zone that extends
3,000 feet seaward in State and Federally managed waters.  50 C.F.R. §
226.202(b).  The proposed Rogue River ODMDS is located about 2 miles
from Rouge Reef, and therefore, is outside the limits of critical
habitat for Stellar sea lion.

Steller sea lion population counts for Oregon have increased since 1977,
when the statewide non-pup population totaled 1,431, to 4,169 in 2002,
an annual rate of increase of about 3.7% (Brown et al. 2002).  Brown, et
al. (2002), also found that the pup counts for the Rogue Reef have
increased over time, from 492 in 1990 to 746 in 2002, although the pup
counts have not been completed annually.  Steller sea lion numbers
appear to be lower off Oregon in the winter than summer with peak
presence occurring June and July (Roffe and Mate, 1984).  However,
exchange between rookeries by breeding adult females and males (other
than between adjoining rookeries) appears low (Angliss and Outlaw,
2004).  Steller sea lions forage at river mouths and nearshore areas
along the coast.  Roffe and Mate (1984) determined that proximity to the
mouth of a river was the most important factor in determination of
forage areas.

The blue whale, fin whale, sei whale, sperm whale, humpback whale, and
southern resident killer whale are all listed as endangered and occur as
migrants in waters off the Oregon Coast.  The population status of most
of these species is described in the U.S. Pacific Marine Mammal Stock
Assessments: 2007 (Carretta et al. 2007).  According to Maser and others
(1981), blue whales occur off the Oregon Coast in May and June, as well
as August through October.  Blue whales typically occur offshore as
individuals or in small groups and winter well south of Oregon.  Fin
whales also winter far south of Oregon and range off the coast during
summer.  Whaling records indicated that fin whales are harvested off the
Oregon Coast from May to September.  Sei whales also winter south of
Oregon and probably occur in southward migration off the Oregon Coast in
late summer and early fall.  Sperm whales occur as migrants and some may
summer off the Oregon Coast.  Sperm whales forage in waters much deeper
than those in the vicinity of the proposed Rogue River ODMDS.  Humpback
whales primarily occur off the Oregon Coast from April to October with
peak numbers from June through August.  Green and others (1992) observed
35 humpback whales near Heceta Bank (approximately 15-30 miles off the
Oregon Coast in Lincoln and Lane counties) in June 1990.  They noted
that humpback whales were particularly concentrated in Oregon along the
southern edge of Heceta Bank and found this species primarily on the
continental shelf and slope.

The southern resident killer whale population contains three pods (or
stable family-related groups)—J pod, K pod, and L pod—and is
considered a stock under the Marine Mammal Protection Act.  Their range
during the spring, summer, and fall includes the inland waterways of
Puget Sound, Strait of Juan de Fuca, and Southern Georgia Strait.  Their
occurrence in the coastal waters off Oregon has been documented.  Little
is known about the winter movements and range of the southern resident
stock.  The southern resident population is currently estimated at about
88 whales, a decline from its estimated historical level of about 200
during the mid- to late-1800s.  Critical habitat was designated for the
southern resident killer whale in 2006 (71 FR 69054), but is restricted
to Washington State.

Marine Turtles

The occurrence of loggerhead sea turtles, green sea turtles, leatherback
sea turtles, and Pacific Ridley sea turtles have been recorded from data
collected from strandings along the Oregon and Washington coastline
since 1982 (Green et al., 1992).  The occurrence of sea turtles off the
Oregon Coast is associated with the appearance of albacore.  Albacore
occurrence is strongly associated with the warm waters of the Japanese
current that tends to approach the Oregon Coast in late summer.
Critical habitat was designated for green sea turtle in Puerto Rico in
1998 (63 FR 46693) and for leatherback sea turtle in the U.S. Virgin
Islands in 1979 (44 FR 1771).  No critical habitat for marine turtles is
located within the vicinity of the proposed site.

Marbled Murrelet, Short-tailed Albatross, and Brown Pelican

The species list from United States Fish and Wildlife Service (USFWS)
identified all federally-listed and proposed endangered and threatened
species, candidate species and species of concern that may occur in
Curry County, near the proposed Rogue River ODMDS, including some
species identified by NMFS.  From this list, EPA ascertained that the
new site is potentially within the range of three endangered or
threatened avian species for which USFWS has primary responsibility.
These include:  marbled murrelet (Brachyramphus marmoratus)
(Threatened); short-tailed albatross (Phoebastria (=Diomedea) albatrus)
(Endangered); and brown pelican (Pelecanus occidentalis) (Endangered).
Critical habitat has been designated for the marbled murrelet (61 FR
26255), but it is restricted to upland areas and does not include any
marine areas, such as the proposed disposal site.  The brown pelican was
proposed for delisting in February of this year and does not have any
designated critical habitat.  Likewise, no critical habitat has been
designated for the short-tailed albatross.

Marbled murrelets are observed in small flocks or as individuals in the
ocean and near coastal embayments throughout the year.  Brown pelicans
are seasonally abundant (June to September) along the Oregon coast and
in the lower reaches of various estuaries.  Most brown pelicans on the
Oregon coast are immature birds but the population includes some
post-breeding adults that have dispersed northward from breeding
locations in California and Mexico.   Neither species is known to
utilize the sea floor at the proposed sites for foraging and feeding
although prey organisms might be present in the vicinity.   Marbled
murrelets and brown pelicans seem to prefer shallower waters (depth no
greater than 40 feet) to forage.  Because they have a preference for
shallower waters, they are unlikely to be affected by the accumulation
of disposed material on the ocean floor in the deeper portions of the
proposed site. The shoreward portions of the disposal sites would be
located within approximately 30 feet of water and the physical
disturbance associated with disposal could result in temporary decreases
or displacement of foraging activity.  Brown pelicans are commonly
observed in and around human activities and appear to be habituated to
human activity.

The short-tailed albatross was historically hunted for feathers, but
currently, the primary threat to the continued existence to the species
is posed by a catastrophic volcanic or weather event at one of the small
handful of breeding locations in Japan.  The short-tailed albatross may
occur in the vicinity of the proposed sites during the summer months and
may utilize the waters for foraging and feeding.

Terrestrial Birds and Plants

The USFWS identified three other listed bird species and two listed
plants in the vicinity of the proposed Rogue ODMDS: bald eagle
(Haliaeetus leucocephalus) (Threatened), western snowy plover
(Charadrius alexandrinus nivosus) (Threatened), northern spotted owl
(Strix occidentalis caurina) (Threatened), Macdonald’s rockcress
(Arabis macdonaldiana) (Endangered), and western lily (Lilium
occidentale) (Endangered) as occurring in Curry County.  The bald eagle
was de-listed in July 2007.  The western snowy plover is known to breed
along the shorelines of Curry County.  However, western snowy plover
breeding and feeding occur on beaches rather than in open water.
Therefore, the western snowy plover would not be expected to be present
within the action area.  The last three species are not aquatic, would
not be at the site, and therefore, would not be affected by EPA’s
action.  Critical habitat has been designated for the western snowy
plover (70 FR 56969) and the northern spotted owl (57 FR 1796), but no
designated critical habitat for either species is located within the
vicinity of the proposed site.

Assessment of Effects

In reviewing the potential effects of EPA’s action on the species
identified by NMFS and USFWS, EPA finds that site designation itself has
no direct impact on any of the identified ESA-listed species.  This
finding is based on EPA’s analysis that site designation does not
create or confer rights on any person or entity to use a designated site
upon the effective date of site designation.  Persons or entities who
seek to use a site must first obtain a federal permit, or in the case of
the Corps, meet the substantive permit requirements, in order to
actually use a designated ocean dredged material disposal site.  This
process would include meeting the requirements of applicable statutes
and regulations. The use of a site is managed through adherence to the
Site Management and Monitoring Plan (SMMP) which must be finalized prior
to site designation.  The SMMP outlines site use requirements,
monitoring protocols, and incorporates adaptive management principles
for ongoing use of the site. EPA recognizes, however, that site
designation is intended to have a practical result.  When sites are
designated, it is expected that such sites will be used by persons or
entities meeting the statutory and regulatory criteria for ocean
disposal of dredged material.  Consequently, and consistent with the
Biological Opinions prepared by NMFS at other projects where ocean
disposal of dredged material occurs, EPA has considered whether certain
ESA-listed species may potentially be affected by an actual disposal of
dredged materials at designated sites.   Actual disposal is an indirect
but reasonably certain outcome of site designation.

Dredging itself is not dependent on the site designation because other
disposal alternatives are available.  Other in-water sites could be
proposed by the Corps and/or material could be disposed of at upland
locations.  Therefore, the dredging is not caused by and will not result
from the proposed action (indirect effect), the dredging has independent
utility (interdependent effect), and the dredging does not depend on the
site designation for its justification (interrelated effect).
Therefore, EPA has not included the effects of dredging in the
assessment of effects of the proposed site designation.

SONCC Coho Salmon

EPA’s proposed site designation would not have a direct physical
effect on the proposed disposal site.  Disposal of dredged material at
the proposed Rogue River ODMDS by future users of the site would have an
effect on the water column and the bottom habitat.  The disposal plume
would pass through the water column and create a turbid environment that
may cause fish to move out of or avoid the area.  The bottom habitat
would be impacted in the portion of the disposal area where the material
hits bottom and buries the existing benthic community at the site.  Loss
of benthic invertebrate populations on the bottom in portions of the
disposal site is not likely to have an effect on food resources for
either adult or juvenile coho salmon.  Both adults and juveniles feed
principally on pelagic species which are not associated with bottom
habitat.  The only exception is sand lance, which could be impacted in
the disposal site area if individuals are buried in the sand during
disposal operations (though normally pelagic, sand lance bury in the
sand as a defense mechanism).  However, sand lance are very abundant in
the coastal inshore area and it is unlikely that sand lance potentially
impacted during disposal events would have a significant impact on the
size of sand lance populations.

Adult and juvenile coho could potentially be migrating through the
action area during use of the proposed Rogue River ODMDS.  However, the
proposed site does not provide any habitat for coho salmon migration,
rearing, resting, or foraging that is any higher in value than the
surrounding area.  It is unlikely that coho would experience
physiological effects as a consequence of disposal because the resulting
turbidity plume and physical disturbance to the water column would
likely cause them to avoid the area.  Based on modeling completed by the
Corps, water column turbidity would be expected to dissipate within a
few minutes for 97% of the dredged material disposed (sandier material),
and within a half hour for finer grained sediments, which comprise about
3% of dredged material (Corps, 2008).  Any coho avoidance behavior would
be limited to the duration of this physical disturbance.  Indirect
impacts could occur if disposal operations changed the value of the
habitat by burying the existing benthic community where dredged material
is deposited.  The benthic community would be expected to re-colonize
within a period of a few weeks to months after disposal, limiting any
effects to forage fish (Corps, 1993).  Given that disposal at the same
location has occurred regularly since 1977, and that in recent years,
the Rogue River stock of SONCC coho has experienced an increase in the
number of spawners (Good et al. 2005), it is unlikely that these
temporary impacts are resulting in any long-term negative effects to the
ESU.  It is more likely that changes in the ESU population are related
to much broader regional fluctuations.

Green Sturgeon

According to the NMFS analysis supporting the listing of the southern
DPS of green sturgeon, “the principle factor for decline of the
Southern DPS is the reduction of the spawning area to a limited area of
the Sacramento River.” (71 FR 17762)  No spawning habitat for the
Southern DPS is located in the vicinity of the site.  Southern DPS green
sturgeon may occur at or near the proposed Rogue River ODMDS as they
migrate to estuaries further north, including the Columbia River estuary
during the summer and early fall.  Use of the proposed site would result
in physical disturbance to the water column and turbidity, which may
cause green sturgeon to temporarily avoid the disposal area during
disposal events.  However, as discussed above, the duration of turbidity
impacts is expected to be minimal, from a few minutes to a half hour
(Corps, 2008).  Since the environment adjacent to the action area
consists of very similar habitat to that of the proposed Rogue River
ODMDS, the avoidance of the disposal area would not result in increased
predation or decreased food availability for green sturgeon.  Therefore,
no long-term effects are expected to occur to Southern DPS green
sturgeon.

Marine Mammals

For Steller sea lions, the Rogue Reef rookery is designated as critical
habitat, but is located about 2 miles northwest of the proposed Rogue
River ODMDS and there is no designated critical habitat within the
action area.  Disposal at the proposed Rogue River ODMDS has occurred
regularly since 1977 and since that time, the Oregon population of
Steller sea lions has increased steadily, as has the pup count at the
Rogue Reef rookery.  Therefore, it is unlikely that disposal activities
at the site are negatively impacting the species.  Steller sea lions
would be expected to avoid the action area during disposal activities.

The blue whale, fin whale, sei whale, sperm whale, humpback whale, and
southern resident killer whale occur as migrants in waters off the
Oregon Coast that would typically be farther from shore than the action
area.  Whales would likely avoid the ocean disposal areas during
disposal activities.  As described above, any impacts to salmonid prey
species for killer whale would be expected to be temporary.  Current
vessel traffic already includes transit to the disposal site since this
site has been in use at the same location since 1977.  The proposed
disposal site designation is not expected to result in any increase in
vessel traffic and therefore, no effects to marine mammals associated
with vessel transit (vessel strikes, oil spills, etc.) are expected to
result from the project.

Marine Turtles

The loggerhead sea turtle, green sea turtle, leatherback sea turtle, and
olive ridley sea turtle have all been recorded along the Oregon and
Washington coastline in association with the appearance of albacore.
Albacore occurrence is strongly associated with the warm waters of the
Japanese current, which generally occur 30 to 60+ miles offshore from
the Oregon Coast.  Consequently, these sea turtle species do not
typically occur close to the Oregon shore and would not be expected to
be present in the action area during disposal events.

Marbled Murrelet, Short-tailed Albatross, and Brown Pelican

The marbled murrelet, short-tailed albatross, and brown pelican are
known to occur in the vicinity of Oregon coastal estuaries and adjacent
ocean.  However, no critical habitat for these species has been
designated in the ocean.  Disposal activities are expected to create a
limited and temporary turbid environment, which could cause prey fish to
move out of or avoid the immediate area during a disposal event. It is
also possible that minor behavioral changes by individual birds may
occur (e.g. individuals could be displaced a few dozen to several
hundred feet by the presence of the dredge/barge) to avoid the immediate
area during and immediately following any individual disposal event.

Cumulative Effects

Cumulative effects are defined as, “… those effects of future State
or private activities, not involving Federal activities, that are
reasonably certain to occur within the action area of the Federal action
subject to consultation” (50 CFR §402.02).  The existing development
in the area is restricted primarily to Gold Beach, located approximately
1.5 miles from the proposed Rogue River ODMDS, a town of nearly 2,000
individuals, a 180 vessel marina, a small airport, and associated upland
developments.  The shoreline along the coast is relatively undisturbed,
but will likely face increasing development pressure if development
patterns of similar areas of the coast are followed.  The action area is
located in a 200 foot radius around the proposed site and does not
encompass any of the nearby shoreline.  Currently the only anticipated
user of the disposal site is the Corps.  Neither EPA nor the Corps has
identified any future non-federal actions that would affect ESA-listed
species or their habitat within the action area.

Determination for ESA-Listed Species

Coho Salmon

Based on the above assessment of the effects, it is concluded that the
proposed action may affect, but is not likely to adversely affect SONCC
coho salmon.  Critical habitat for SONCC coho salmon has been designated
to include “water, substrate, and adjacent riparian zone of estuarine
and riverine reaches...” NMFS did not designate any critical habitat
in marine or offshore areas.  Therefore the proposed action would result
in no effect to designated critical habitat for SONCC coho salmon.

Green Sturgeon

Based on the above assessment of the effects, it is concluded that the
proposed action may affect, but is not likely to adversely affect
Southern DPS green sturgeon.  Use of the proposed Rogue River ODMDS for
disposal could result in temporary avoidance behavior in any nearby
green sturgeon.  The proposed Rogue River ODMDS designation would have
no effect on the spawning area for the Southern DPS and is only expected
to result in temporary and minor modifications to migratory pathways.
No long-term effects are expected to occur to green sturgeon.

Marine Mammals and Marine Turtles

Based upon the above assessment of the effects, it is concluded that the
proposed action may affect, but is not likely to adversely affect
Steller sea lion, blue whale, fin whale, sei whale, sperm whale,
humpback whale, southern resident killer whale, loggerhead sea turtle,
green sea turtle, leatherback sea turtle, and olive ridley sea turtle.
There is no designated critical habitat for the above listed species in
the action area and therefore, the proposed action will have no effect
on designated critical habitat for Steller sea lion, southern resident
killer whale, green sea turtle, or leatherback sea turtle.  Steller sea
lions would be expected to avoid the action area during disposal events.
 The six whale species generally occur as migrants much farther from
shore than the action area, and it is likely that they would avoid the
ocean disposal areas.  The four sea turtle species do not typically
occur close to the Oregon shore.

Marbled Murrelet, Short-tailed Albatross, and Brown Pelican

Based on the above assessment, marbled murrelets, short-tailed
albatross, and brown pelicans may temporarily avoid the disposal areas
during active disposal activities.  Therefore, the proposed action may
affect, but is not likely to adversely affect marbled murrelet,
short-tailed albatross and brown pelican.  Since no marbled murrelet
critical habitat is located within the action area, the proposed action
will have no effect on designated critical habitat for marbled murrelet.

Terrestrial Birds and Plants

None of the other listed bird or plant species is likely to be present
in the action area.  Therefore, the proposed action would have no effect
on western snowy plover, northern spotted owl, Macdonald’s rockcress,
or western lily.  The proposed action will also have no effect on
designated critical habitat for western snowy plover and northern
spotted owl.

Essential Fish Habitat Assessment

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act
(Public Law 94-265), as amended by the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (P.L. 109-479),
(MSA), and its implementing regulations at 50 C.F.R. Part 600 Subpart K,
federal agencies are required to consult with NMFS with respect to any
action authorized, funded, or undertaken, or proposed to be authorized,
funded or undertaken, that may adversely affect essential fish habitat
(EFH).  An “adverse effect” is defined as “any impact that reduces
quality and/or quantity of EFH.”  Adverse effects may include
“direct or indirect physical, chemical, or biological alterations of
the waters or substrate and loss of, or injury to, benthic organisms,
prey species and their habitat, and other ecosystem components, if such
modifications reduce the quality and/or quantity of EFH.”  50 C.F.R.
§ 600.910(a).  The objective of federal agency consultation is to
determine whether or not the federal agency’s proposed action “may
adversely effect” designated EFH, i.e. those waters and substrate
necessary to fish for spawning, breeding, feeding, or growth to
maturity, for fish species regulated under a Federal fisheries
management plan (FMP).    If, as a result of the consultation, NMFS
determines an action would adversely affect EFH, NMFS then determines
whether or not Conservation Recommendations are needed.  Conservation
Recommendations are non-binding measures designed to “avoid, minimize,
mitigate, or otherwise offset adverse effects on EFH resulting from
actions or proposed actions authorized, funded, or undertaken by [a
federal] agency.”  50 C.F.R. § 600.905(b).  If NMFS determines
Conservation Recommendations are needed, NMFS notifies the Federal
agency of the determination and of the recommendations.  Federal
agencies are required to provide a written response to NMFS after
receiving Conservation Recommendations.  MSA § 305(b)(4)(B).  The
Federal agency response must describe the measures the agency proposes
for avoiding, mitigating, or offsetting the impact of the activity on
EFH or must explain its reasons for not following the recommendations
provided by NMFS.  50 C.F.R. § 600.920(k)(1).

By letter dated August 3, 2007, NMFS provided EPA with a list of
species, with designated EFH in the vicinity of the proposed Rogue River
ODMDS.  The list was based on NMFS’ general knowledge of the presence
of EFH as determined by studies conducted by NMFS for groundfish,
coastal pelagic species, and Pacific Coast salmon.  NMFS conducted
groundfish stock assessment studies in the areas offshore of California,
Oregon, Washington, and southern British Columbia triennially from 1977
to 2001 (Weinberg et al., 2002).  The 2001 assessment collected data
from depths ranging from 55 to 500 meters and provides useful
information on the distribution of groundfish species.  A detailed
discussion of EFH for groundfish is provided in Appendix B of Pacific
Coast Groundfish Fishery Management Plan as amended through Amendment 19
(PFMC, 2006).  The report includes life history descriptions (Part 2),
EFH text descriptions (Part 3), and habitat suitability maps for
groundfish species of the Pacific Coast with associated life history
stages.  The most recent groundfish Stock Assessment and Fishery
Evaluation document was published in 2006.  A detailed discussion of EFH
for coastal pelagic species is provided in Amendment 8 to the Coastal
Pelagic Species Fishery Management Plan (PFMC, 1998) and a recent Stock
Assessment and Fishery Evaluation Document, June 2007.  The salmon EFH
is discussed in the Pacific Coast Salmon Fishery Management Plan as
revised through Amendment 14 (PFMC, 2003).  All of this information was
reviewed to assess the possible impacts to these species’ EFH from the
proposed action.  EPA reviewed the list of species provided by NMFS
against the area EPA proposes to designate as the Rogue River ODMDS and
assessed whether or not the proposed action to designate the site may
adversely affect EFH for any of the species with designated EFH in the
action area.

Table   SEQ Table \* ARABIC  8 .  Species with Designated EFH Offshore
from the Rogue River as Provided by NMFS

Groundfish Species	Common Name	Life Stage

Larvae	Juveniles	Adults

Rockfish Species

Sebastes melanops	Black Rockfish

X	X

Sebastes chrysomelas	Black-and-yellow Rockfish	X	X	X

Sebastes goodie	Chilipepper

X	X

Sebastes rastrelliger	Grass Rockfish

	X

Sebastes carnatus	Gopher Rockfish	X	X	X

Sebastes mystinus	Blue Rockfish

X	X

Sebastes caurinus	Copper Rockfish

	X

Sebastes paucispinis	Bocaccio

X

	Sebastes nigrocinctus	Tiger Rockfish

	X

Sebastes maliger	Quillback Rockfish

	X

Sebastes entomelas	Widow Rockfish

X	X

Sebastes saxicola	Stripetail Rockfish

X	X

Sebastes proriger	Redstripe Rockfish

	X

Sebastes miniatus	Vermillion Rockfish

	X

Sebastes rufus	Bank Rockfish

X	X

Sebastes rosaceus	Rosy Rockfish

	X

Sebastes ovalis	Speckled Rockfish

	X

Sebastes pinniger	Canary Rockfish

	X

Sebastes crameri	Darkblotched Rockfish

	X

Sebastes zacentrus	Sharpchin Rockfish

X	X

Sebastes diploproa	Splitnose Rockfish

X

	Sebastes levis	Cowcod

	X

Sebastes helvomaculatus	Rosethorn Rockfish

	X

Sebastes borealis	Shortraker Rockfish

	X

Sebastes flavidus	Yellowtail Rockfish

	X

Sebastes ruberrimus	Yelloweye Rockfish

	X

Sebastolobus alacanus	Short-spine Thornyhead

	X

Sebastes alutus	Pacific Ocean Perch

X	X

Flatfish Species

Atheresthes stomias	Arrowtooth Flounder	X

X

Platyichthys stellatus	Starry Flounder

X	X

Parophrys vetulus	English Sole

X	X

Psettichthys melanostictus	Sand Sole

X	X

Isopsetta isolepis	Butter Sole

	X

Citharichthys sordidus	Pacific Sanddab

	X

Eopsetta jordani	Petrale Sole

	X

Lepidopsetta bilineata	Rock Sole

	X

Glyptocephalus zachirus	Rex Sole

	X

Pleuronichthys decurrens	Curlfin Sole

	X

Hippoglassoides elassodon	Flathead Sole

	X

Other Species

Scorpaenichthys marmoratus	Cabezon

	X

Hexagrammos decangrammus	Kelp Greenling	X

X

Raja binoculata	Big Skate

	X

Ophiodon elongatus	Lingcod	X

X

Gadus macrocephalus	Pacific Cod	X	X

	Hydrolagus colliei	Spotted Ratfish

X	X

Squalus acanthias	Spiny Dogfish

	X

Anoplopoma fimbria	Sablefish	X	X	X

Triakis semifasciata	Leopard Shark

	X

Galeorhinus galeus	Soupfin Shark

X	X

Merluccius productus	Pacific Hake

X	X

Assessment of Potential Effects of the Proposed Action on EFH

Selection of the existing Rogue River ODMDS at the Rogue River was made
using an extensive coordination process with both federal and state
agencies and private interest groups.  The proposed Rogue River ODMDS
was selected to minimize impacts to ocean resources, including impacts
to designated EFH, by avoiding unique areas and areas of greater
biological productivity.  The site has been sized to be large enough to
handle disposal of dredged material for a 20-year period and to allow
for site management and monitoring to minimize impacts within the site.
In addition, both pre- and post-disposal studies have been conducted to
further characterize the site and help in its management and use.

Table 8 shows the fish species with designated EFH in the Pacific Ocean
offshore from the Rogue River.  Disposal of dredged material at ocean
disposal sites will have a temporary effect on the water column and
benthic habitat at the disposal site.  Turbidity resulting from disposal
may persist within the water column for a period of a few minutes to a
half hour (Corps, 2008) and the benthic community may take a few weeks
to moths to re-colonize.  However, the proposed Rogue River ODMDS
generally represents only a small portion of the overall EFH for any of
the below listed species.

Groundfish Species EFH

Rockfish Species.  Fourteen of the rockfish species shown in Table 8
(stripetail, redstripe, vermillion, bank, speckled, canary,
darkblotched, sharpchin, splitnose, rosethorn, shortraker, yelloweye,
Pacific ocean perch, and short-spine thornyhead) are expected to occur
at water depths deeper than those occurring at the proposed Rogue River
ODMDS.  Because the proposed Rogue River ODMDS does not provide suitable
aquatic habitat, no effects to EFH for these rockfish species is
anticipated.

The remaining rockfish species shown in Table 8 rely on nearshore
habitats such as shallow bays and nearshore rocky areas, and many are
closely associated with kelp and eelgrass beds.  All life stages are
associated with some type of structure such as areas with vertical
relief, mixtures of rocks and boulders, rock ridges, crevices of rock
outcrops, pinnacles, and artificial reefs.  Because the proposed Rogue
River ODMDS does not provide the preferred aquatic habitat or habitat
complexity, no adverse impacts to EFH for these rockfish species is
anticipated.

Flatfish Species.  Two of the flatfish species shown in Table 8 (rex and
flathead) are expected to occur at water depths deeper than those
occurring at the proposed Rogue River ODMDS.  Because the proposed Rogue
River ODMDS does not provide suitable aquatic habitat, no effects to EFH
for these flatfish species is anticipated.

The life stages of the remaining flatfish species (arrowtooth and starry
flounder; English, sand, butter, petrale, rock, and curlfin sole; and
Pacific sanddab) would likely be present in the water column over the
Rogue River ODMDS and could potentially be impacted by disposal
operations.  The proposed Rogue River ODMDS does provide suitable EFH
for these flatfish species.  Trawl data from August and November 2007
found juvenile and adult English sole, sand sole, and butter sole at the
proposed Rogue River ODMDS.

Cabezon and Kelp Greenling.  Both of these species are abundant all year
in estuarine and subtidal areas.  Larvae and young juveniles are pelagic
and have been found offshore in waters over 300 meters in depth.
Juveniles settle to the bottom and are found primarily in shallow-water
bays and estuaries.  Kelp greenling lay eggs on or between rocks or in
algae beds.  Rocky bottoms and cobble substrata are the most frequently
used habitats by cabezon.  Because the proposed Rogue River ODMDS does
not provide the preferred aquatic habitat or habitat complexity for
cabezon and kelp greenling, no adverse impacts to EFH for these species
are anticipated.

Big Skate.  Big skates are relatively abundant in northern and central
California, but are not common south of Point Conception.  Records show
big skates inhabiting water as shallow as 3 meters, but in survey
catches in the North Pacific they are found most frequently on the outer
shelf in waters 50 to 200 meters deep.  Over their range, big skates
have been taken from waters up to 800 meters deep; however, few occur
deeper than 350 meters.  Juveniles are associated with soft bottom
sediments.  In an assessment of habitat types and associated fish
assemblages at Heceta Bank off the southern Oregon coast, adult skate
were most commonly found in habitat consisting of mud and populated by
sea urchins.  They were evenly and sparsely distributed over mud
bottoms, and usually lay on the bottom.  The proposed Rogue River ODMDS
provides suitable EFH for this species.  Trawl data from November 2007
found one big skate at the proposed site.

Lingcod.  Lingcod are an estuarine mesobenthal species that occurs in
depths from 0 to 475 meters.  Spawning occurs from 3 to 10 meters below
mean lower low water over rocky reefs in areas of swift currents.
Larvae occur in near shore areas from winter to late spring.  Larger
larvae are epipelagic, primarily found in the upper 3 meters of the
water column.  Juveniles settle in estuaries and shallow waters along
the coast while older juveniles move offshore as they grow but are most
common in waters greater than 150 meters.  Adults prefer slopes of
submerged banks 10 to 70 meters below the surface with sea weeds, kelp
and eelgrass beds that form feeding grounds for small prey fish.  They
also prefer channels in rocky intertidal areas with swift currents that
concentrate plankton and plankton feeding fish.  Based on these habitat
requirements, the proposed Rogue River ODMDS would not provide suitable
EFH for lingcod.

Pacific Cod.  Pacific cod are a member of the inner shelf-mesobenthal
community.  The majority of Pacific cod are found at depths from 50 to
300 meters with spawning occurring at depths from 40 to 265 meters.  The
eggs are demersal, adhesive, and are found sublittorally.  Larvae and
small juveniles are pelagic, with the highest abundance in the upper 15
to 30 meters of the water column.  Larvae are found over the continental
shelf from winter through summer.  Small juveniles occur in depths from
60 to 150 meters gradually moving to deeper water with increased age.
Larger juveniles and adults are parademersal occurring over mud, sand
and clay, and occasionally coarse sand and gravel bottoms.  Based on
these habitat requirements, the proposed Rogue River ODMDS would not
provide suitable EFH for Pacific cod.

Spotted Ratfish.  Ratfish are a middle shelf mesobenthal species that
occur in depths from 0 to 913 meters.  They are most abundant in depths
from 100 to 150 meters.  They also occur in estuaries during the winter
and early spring to feed and mate.  Ratfish are generally a deep water
species that prefer low relief, rocky bottoms or exposed gravel or
cobble.  They are not commonly found over sand or boulders.  Based on
these habitat requirements, the proposed Rogue River ODMDS would not
provide suitable EFH for ratfish.

Spiny Dogfish.  The spiny dogfish is an inner shelf-mesobenthal species
with a depth range of 0 to 1,236 meters.  From survey data, most dogfish
inhabit waters less than 350 meters deep.  They occur from the surface
and intertidal areas to greater depths, and are common in inland seas
such as San Francisco Bay and Puget Sound and in shallow bays from
Alaska to central California.  Adult females move inshore to shallow
waters during the spring to release their young.  Small juveniles (<10
years old) are pelagic while subadults and adults are mostly
sublittoral-bathyal.  Subadults are found on muddy bottoms when not
found in the water column.  The proposed Rogue River ODMDS may provide
suitable EFH for spiny dogfish.

Sablefish.  Sablefish are an inner shelf-bathybenthal species that
occurs in deep water.  Sablefish are most abundant in depths from 200 to
1,000 meters but have been reported to depths of 1,900 meters.  Spawning
occurs at depths greater than 300 meters.  Larvae and young juveniles
are pelagic and may move inshore and remain there for up to 4 years to
rear.  Older juveniles and adults inhabit progressively deeper water and
are benthopelagic on soft bottoms.  Based on these habitat requirements,
the proposed Rogue River ODMDS would not provide suitable EFH for
sablefish.

Leopard Shark.  Leopard sharks are found from southern Oregon to Baja
California.  This species is most abundant in northern California bays
and estuaries and along southern California beaches.  They are common in
waters less than 20 meters deep and use estuaries and shallow waters for
pupping and feeding/rearing grounds.  Leopard sharks are associated with
artificial structures such as piers and jetties and a variety of bottom
habitats such as hard, mixed, unconsolidated, and vegetated bottoms.
Based on these habitat requirements, the proposed Rogue River ODMDS
would not provide suitable EFH for leopard shark.

Soupfin Shark.  Soupfin shark are an abundant coastal pelagic species
that ranges from Canada to Mexico.  They inhabit bays and muddy shallow
water areas where they are associated with the bottom.  They occur in
depths from 2 to 471 meters.  Adult males occur in deeper water in
northern California, while females occur closer to shore in southern
California.  Juveniles are also more abundant in the southern portion of
the range associated with the females.  Juveniles also occur in bays
such as San Francisco Bay to rear.  Soupfin shark exhibit large coastal
migrations; the population moves north in the summer and south in the
winter.  The purpose of these movements is not known.  The proposed
Rogue River ODMDS may provide suitable EFH for soupfin shark.

Pacific Hake.  Pacific hake is a migratory species that inhabits the
continental slope and shelf from Baja California to British Columbia.
Juvenile hake usually reside in shallow coastal waters, bays, and
estuaries with adults occurring further offshore, usually at depths from
50 to 500 meters.  Along the Pacific Coast from British Columbia to
California, adults use a narrow band of feeding habitat near the shelf
break for 6-8 months per year.  Based on these habitat requirements, the
proposed Rogue River ODMDS would not provide suitable EFH for Pacific
hake.

Coastal Pelagic Species EFH

The nearshore area off the Rogue River has the potential to provide EFH
for northern anchovy (Engraulis mordax), Pacific sardine (Sardinops
sagax), Pacific (chub) mackerel (Scomber japonicus), jack mackerel
(Trachurus symmetricus), and California market squid (Loligo
opalescens).  The EFH for the four coastal pelagic fish species is the
water column except for the market squid, which spawns in specific
spawning grounds on the bottom.  The proposed Rogue River ODMDS may
provide suitable EFH for these four pelagic fish species.

Market squid range from Mexico to Alaska, although they are most
abundant from Monterey Bay to Mexico.  Although they are considered
pelagic they actually occur from the surface to depths of 800 meters.
They prefer ocean salinities and are rarely found in bays, estuaries, or
near river mouths.  Squid spawn in dense schools on the bottom in
spawning areas that range in depth from near shore shallow areas to
depths of 800 meters.  Known spawning areas are inshore protected areas
with sand or mud bottoms at depths from 5 to 55 meters.  Squid spawning
off Oregon has been observed from May to July.  No squid spawning areas
have been identified in the vicinity of the proposed Rogue River ODMDS.
Consequently, the proposed Rogue River ODMDS does not provide suitable
EFH for market squid.

Salmon Species EFH

The nearshore area in the vicinity of the mouth of the Rogue River has
the potential to provide EFH for Chinook salmon (Oncorhynchus
tshawytscha) and coho salmon (Oncorhynchus kisutch).  The proposed Rogue
River ODMDS may provide suitable EFH for Chinook and coho salmon as a
migratory area for adults and juveniles.

Determination for Essential Fish Habitat

There is a potential to impact EFH for some flatfish species (arrowtooth
and starry flounder; English, sand, butter, petrale, rock, and curlfin
sole; and Pacific sanddab), big skate, spiny dogfish, Soupfin shark,
four coastal pelagic fish species (northern anchovy, pacific sardine,
pacific mackerel, and jack mackerel), and Chinook/coho salmon by use of
the proposed Rogue River ODMDS.  The amount of habitat impacted,
however, would be very small compared to the total EFH habitat
identified for any of the species evaluated.  In no case does the
habitat provided by the proposed Rogue River ODMDS represent any unique
habitat that is limited in distribution.  Therefore, although the
designation of the proposed site may adversely affect EFH for the above
listed species, those effects are expected to be minor and temporary and
are not expected to reduce the quality and/or quantity in any
significant way for any EFH for any of the species listed above.

The following measures have been considered by EPA as a way to mitigate
any adverse impacts to designated EFH at the proposed Rogue River ODMDS.
 EPA expects to incorporate these measures into the SMMP for the
proposed site.

Dredged material to be disposed at the Rogue River ODMDS must be
determined to be suitable for unconfined, aquatic disposal.  In the
event that any dredged material is not suitable for unconfined, aquatic
disposal, the dredged material found unsuitable will not be disposed at
the Rogue River ODMDS but will be placed at acceptable upland disposal
sites.

Ocean disposal site bathymetry will be monitored on a regular basis to
ensure that mounding is not occurring.

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 EPA’s Interim Designations were superseded by later statutory and
regulatory changes.  The site’s current status is as a Section 103(b)
Corps-selected site.  EPA concurred on the selection and extended its
approval of site use on April 15, 2003, allowing use of the site to
continue through 2008.

 Pursuant to the Ocean Dumping Regulations at 40 C.F.R. § 227.13(b),
dredged material which meets the following criteria is environmentally
acceptable for ocean dumping without further testing:  (1) dredged
material composed primarily of sand, gravel, rock, or any other
naturally occurring bottom material with particle sizes larges than
silt, and the material is found in areas of high current or wave energy
such as streams with large bed loads, or coastal areas with shifting
bars and channels; or  (2) dredged material for beach nourishment or
restoration and is composed primarily of sand, gravel, or shell with
particle sizes compatible with material on the receiving beaches; or (3)
when the material is substantially the same as the substrate at the
proposed disposal site and the site from which the material is taken is
far removed from known existing and historical sources of pollution such
that there is a reasonable assurance that the material has not been
contaminated by such pollution.   The use of the SEF screening levels
provide additional safeguards for material that would otherwise meet the
regulatory criteria for environmentally acceptable material for ocean
dumping without further testing.

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Biological Assessment and Essential Fish Habitat Assessment, Proposed
Rogue River ODMDS Designation

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June 5, 2008