Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance on Northwest Seal Rock, in the Northeast Pacific Ocean, 4774-4779 [2010-1906]
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
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[FR Doc. 2010–1898 Filed 1–28–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT13
Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance on Northwest Seal Rock,
in the Northeast Pacific Ocean
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
SUMMARY: In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to the
St. George Reef Lighthouse Preservation
Society (SGRLPS), to incidentally
harass, by Level B harassment only, four
species of marine mammals during the
specified activity.
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DATES: This authorization is effective
from January 27, 2010, through April 30,
2010.
ADDRESSES: A copy of the IHA and the
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. A copy of the application
may be obtained by writing to this
address, by telephoning the contact
listed here (FOR FURTHER
INFORMATION CONTACT) or online
at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody (301) 713–2289, ext. 113
or Monica DeAngelis, NMFS Southwest
Region, (562) 980–3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16
U.S.C. 1371 (a)(5)(D)) directs the
Secretary of Commerce to authorize,
upon request, the incidental, but not
intentional, taking by harassment of
small numbers of marine mammals of a
species or population stock, for periods
of not more than one year, by United
States citizens who engage in a specified
activity (other than commercial fishing)
within a specific geographic region if
certain findings are made and, a notice
of a proposed authorization is provided
to the public for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses. The authorization
must set forth the permissible methods
of taking, other means of effecting the
least practicable adverse impact on the
species or stock and its habitat, and
monitoring and reporting of such
takings. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
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marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA
establishes a 45–day time limit for
NMFS’ review of an application
followed by a 30–day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received an application from
the SGRLPS for the taking by
harassment, of marine mammals
incidental to conducting helicopter
operations, lighthouse restoration, and
light maintenance activities on the St.
George Reef Lighthouse Station (Station)
in Del Norte County in California.
SGRLPS aims to restore and preserve
the Station which is listed in the
National Park Service’s National
Register of Historic Places. The group
must also perform annual maintenance
on the Station’s optical light system to
renew a U.S. Coast Guard (USCG)
Private Aid to Navigation (PATON)
permit. The Station is located on
Northwest Seal Rock (NWSR) (41° 50′
24″ N, 124° 22′ 06″ W) approximately
nine kilometers (km) (6.0 miles (mi))
offshore of Crescent City, California in
the northeast Pacific Ocean.
Acoustic and visual stimuli generated
by helicopter landings/takeoffs, noise
generated during restoration activities
(e.g., painting, plastering, welding, and
glazing) and maintenance activities (e.g.,
bulb replacement and automation of the
light system), and human presence, may
have the potential to cause the
pinnipeds hauled out on NWSR to flush
into the surrounding water or to cause
a short-term behavioral disturbance.
These types of disturbances are the
principal means of marine mammal
taking associated with these activities
and the SGRLPS has requested an
authorization to take 204 California sea
lions (Zalophus californianus); 36
Pacific Harbor seals (Phoca vitulina);
172 Steller sea lions (Eumetopias
jubatus); and six northern fur seals
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
(Callorhinus ursinus) by Level B
harassment.
Description of the Specified Activity
SGRLPS will conduct the activities
(helicopter operations, lighthouse
restoration and light maintenance
activities) on NWSR between January
27, 2010 and April 30, 2010, at a
maximum frequency of one work
session per month. The duration of each
work session will be no more than three
days (e.g., Friday, Saturday, and
Sunday).
NMFS provided a detailed overview
of the activity in the notice of the
proposed IHA (74 FR 49852, September
29, 2009) and in Chapter 3 of NMFS’
Environmental Assessment (EA). No
changes have been made to the
proposed activities.
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Helicopter Operations
The SGRLPS will transport personnel
and equipment from the California
mainland to NWSR by a small
helicopter. The helicopter will depart
from Crescent City Airport and will
transit to NWSR where it will land on
top of the engine room (caisson).
Acoustic tests on the helicopter’s noise
output measured a sound pressure level
of 81.9 decibels (dB) re: 20 Pa (peak) (Aweighted) approximately 150 m from
the ground. However, the helicopter has
two-bladed main and tail rotors which
are fitted with noise-attenuating blade
tip caps that would decrease flyover
noise.
The SGRLPS estimates that each work
session would require no more than 36
helicopter landings. During landing, the
work crew members will disembark
from the helicopter and retrieve their
equipment located in a basket attached
to the underside of the aircraft. The
helicopter would then return to the
mainland to pick up additional
personnel and equipment.
As a means of funding support for the
restoration activities, the SGRLPS will
conduct public tours of the Station
during the last day of the restoration
and maintenance activities. SGRLPS
will transport visitors to the Station on
Sunday. Although some of these flights
would be conducted solely for the
transportation of tourists, the SGRLPS
will conduct those flights later in the
day when no pinnipeds are expected to
be on NWSR due to the animals
dispersal from the haulout area caused
by previous helicopter landings earlier
in the day. No additional allowance is
included for marine mammals that
might be affected by additional flights
for the transportation of tourists.
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Lighthouse Restoration and Light
Maintenance
Restoration activities will involve
light construction (e.g., sanding,
hammering, or use of hand drills) to:
remove peeling paint and plaster;
restore interior plaster and paint;
refurbish and replace structural and
decorative elements; replace glass;
upgrade the present electrical system;
replace the PATON beacon light; and
automate the light system. Noise
generated from these activities have the
potential to disturb pinnipeds hauled
out on NWSR.
Emergency Repair Event
If the PATON beacon light fails
during the period January 27, 2010,
through April 30, 2010, the SGRLPS
would transport a small work crew to
the Station by helicopter to repair the
PATON beacon light. For each
emergency repair event, the SGRLPS
would conduct a maximum of four
flights (two arrivals and two departures)
to transport equipment and supplies. As
in the case of helicopter operations and
lighthouse restoration and maintenance
conducted during the three-day work
sessions, flights conducted for
emergency repairs would have the
potential to disturb pinnipeds hauled
out on NWSR.
Comments and Responses
NMFS published a notice of receipt of
the SGRLPS application and proposed
IHA in the Federal Register on
September 29, 2009 (74 FR 49852).
During the 30–day comment period,
NMFS received a letter from the Marine
Mammal Commission (Commission)
which recommended that NMFS issue
the requested authorization, provided
that the required monitoring and
mitigation measures are carried out (e.g.,
restrictions on the timing and frequency
of activities, restrictions on helicopter
approaches, timing measures for
helicopter landings, and measures to
minimize acoustic and visual
disturbances) as described in NMFS’
September 29, 2009 (74 FR 49852),
notice of the proposed IHA and the
application. All measures proposed in
the initial Federal Register notice are
included in the authorization and
NMFS has determined that they will
effect the least practicable impact on the
species or stocks and their habitats.
Marine Mammals Affected by the
Activity
The marine mammal species most
likely to be harassed incidental to
helicopter operations, lighthouse
restoration, and lighthouse maintenance
on NWSR are the California sea lion, the
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Pacific Harbor seal, the eastern U.S.
stock of Steller sea lion, and the eastern
Pacific stock of northern fur seal.
California sea lions and Pacific harbor
seals are not listed as threatened or
endangered under the ESA, nor are they
categorized as depleted under the
MMPA. Northern fur seals are not listed
as threatened or endangered under the
ESA. However, they are categorized as
depleted under the MMPA.
Last, the Steller sea lion, eastern U.S.
stock is listed as threatened under the
ESA and is categorized as depleted
under the MMPA. General information
of these species can be found in the
notice of the proposed IHA (74 FR
49852, September 29, 2009). The nearest
Steller sea lion breeding area relative to
the project site is at Southwest Seal
Rock (41 49 00 N, 124 21 00 W) about
4 km (2.49 miles (mi)) south of NWSR.
Although the rookery is just south of the
Station, animals may continue to
increase their use of NWSR over time;
possibly as a pupping area, at some
point in the future (R. Brown, pers.
comm., 2006).
There are several endangered
cetaceans that have the potential to
transit in the vicinity of NWSR
including the blue (Balaenoptera
musculus), fin (Balaenoptera physalus),
humpback (Megaptera novaeangliae),
sei (Balaenoptera borealis), north
Pacific right (Eubalena japonica), sperm
(Physeter macrocephalus), and southern
resident killer (Orcinus orca) whales.
These species are typically found farther
offshore of NWSR and are not
considered further in this IHA.
California (southern) sea otters
(Enhydra lutris nereis) usually range in
coastal waters within two km of shore.
However, sea otters are not present on
NWSR (Crescent Coastal Research
(CCR), 2001). This species is managed
by the U.S. Fish and Wildlife Service
and is not considered further in this
IHA.
Potential Effects of the Activities on
Marine Mammals
Level B harassment of pinnipeds has
the potential to occur during helicopter
approaches and departures from NWSR
due to acoustic disturbances caused by
the helicopters rotors and engine. It is
likely that the initial helicopter
approach to the Station would cause a
subset, or all of the marine mammals
hauled out on NWSR to depart the rock
and flush into the water. The pinnipeds’
movement into the water is expected to
be gradual due to the required
controlled helicopter approaches (see
Mitigation), the small size of the
helicopter, its relatively quiet rotors,
and behavioral habituation on the part
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of the animals as helicopter trips
continue throughout the day.
According to the CCR Report (2001),
while up to 40 percent of the California
and Steller sea lions present on the rock
have been observed to enter the water
on the first of a series of helicopter
landings, as few as zero percent have
flushed on subsequent landings on the
same date.
During the sessions of helicopter
activity, some animals may be
temporarily displaced from the island
and either raft in the water or relocate
to other haul-outs. Sea lions have shown
habituation to helicopter flight within a
day at the project site and most animals
are expected to return soon after
helicopter activities cease for that day.
By clustering helicopter arrivals and
departures within a short time period,
the pinnipeds are expected to show less
response to subsequent landings
(NMFS, 2010).
NMFS provided a detailed overview
of: (1) the sound levels produced by the
helicopter; (2) behavioral reactions of
pinnipeds to helicopter operations and
light construction noise; (3) hearing
impairment and other non-auditory
physical effects; (4) behavioral reactions
to visual stimuli; (5) and specific
observations gathered during previous
monitoring of the marine mammals
present on NWSR in the notice of the
proposed IHA (74 FR 49852, September
29, 2009) and in Chapter 3 of NMFS’
Environmental Assessment (EA).
Possible Effects of Activities on Marine
Mammal Habitat
The SGRLPS does not anticipate any
loss or modification to the habitat used
by California sea lions, Steller sea lions,
Pacific harbor seals, and northern fur
seals that haul-out on NWSR. The
SGRLPS will conduct helicopter
operations and restoration and
maintenance activities at elevations
high enough to not disturb the geology
and the water surrounding NWSR.
NMFS has designated EFH for
groundfish species (or species
assemblages) along more than 130,000
square miles of marine waters off the
West Coast. EFH consists of both the
water column and the underlying
surface (e.g. seafloor) of a particular
area. Although NWSR is located
adjacent to the EFH (water column), the
restoration and maintenance activities
will occur from 11 m (37 ft) to 44.5m
(146 ft) above the designated EFH for
groundfish species. Hence, the effects of
restoration and maintenance activities
as well as the elevation and route of the
helicopter operations would not occur
in the surrounding water column and
would not significantly impact fish
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16:49 Jan 28, 2010
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populations or habitat. These activities
are not likely to adversely affect EFH.
NMFS also considered the effects of
issuing an IHA on target and non-target
species, including invertebrates, fish,
sea turtles, seabirds, sea otters, and
marine mammals and their habitats.
NMFS does not expect the action to
affect an animal’s susceptibility to
predation, alter dietary preferences or
foraging behavior, or change
distribution or abundance of predators
or prey.
Mitigation and Monitoring
In order to issue an incidental take
authorization (ITA) under Section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable adverse impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses. To reduce the
potential for disturbance from visual
and acoustic stimuli associated with the
activities, the SGRLPS and/or its
designees will undertake the following
marine mammal mitigation and
monitoring measures:
(1) Conduct restoration and
maintenance activities at the St. George
Reef Light Station at a maximum of one
session per month between January 27,
2010, and April 30, 2010. Each
restoration session would be no more
than three days in duration.
Maintenance of the light beacon will
occur only in conjunction with the
monthly restoration activities;
(2) Ensure that helicopter approach
patterns to the St. George Reef Light
Station will be such that the timing
techniques are least disturbing to
marine mammals. To the extent
possible, the helicopter should
approach Northwest Seal Rock when the
tide is too high for the marine mammals
to haul-out on Northwest Seal Rock;
(3) Avoid rapid and direct approaches
by the helicopter to the Station by
approaching Northwest Seal Rock at a
relatively high altitude (e.g., 800 - 1,000
ft, or 244 - 305 m). Before the final
approach, the helicopter shall circle
lower, and approach from area where
the density of pinnipeds is the lowest.
If for any safety reasons (e.g., wind
conditions or visibility) such helicopter
approach and timing techniques cannot
be achieved, the SGRLPS must abort the
restoration and maintenance session for
that day;
(4) Provide instructions to SGRLPS
members, the restoration crew, and if
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applicable, to tourists, on appropriate
conduct when in the vicinity of hauledout marine mammals. The SGRLPS
members, the restoration crew, and if
applicable, tourists, will avoid making
unnecessary noise while on Northwest
Seal Rock and must not view pinnipeds
around the base of the Station;
(5) Ensure that the door to the
Station’s lower platform shall remain
closed and barricaded at all times;
(6) At least once during the period
between November 1 and April 30
annually, a qualified, NMFS-approved
biologist shall be present during all
three workdays at the Station. This
requirement may be modified
depending on the results of the monthly
monitoring reports. The biologist shall
document use of the island by the
marine mammals (i.e., dates, time, tidal
height, species, numbers present,
frequency of use, weather conditions,
and any disturbances), and note any
responses to potential disturbances;
(7) In the case of an emergency repair
event (i.e., failure of the PATON beacon
light) between January 27, 2010 and
April 30, 2010, the SGRLPS must
consult with the Assistant Regional
Administrator (ARA) for Protected
Resources, Southwest Region, NMFS, to
best determine the timing of an
emergency repair trip to the Station. The
Southwest Region NMFS fishery
biologist will make a decision regarding
when the SGRLPS can schedule
helicopter trips to the Station during the
emergency repair time window and will
ensure that such operations will have
the least practicable adverse impact to
marine mammals. The ARA for
Protected Resources, Southwest Region,
NMFS will ensure that the SGRLPS’
request for incidental take during an
emergency repair event will not exceed
the number of incidental take
authorized in this IHA;
(8) The SGRLPS will employ a skilled,
aerial photographer to document marine
mammals hauled out on Northwest Seal
Rock for comparing marine mammal
presence on Northwest Seal Rock preand post-restoration. The photographer
will complete a photographic survey of
Northwest Seal Rock using the same
helicopter that will transport SGRLPS
personnel to the island during
restoration trips. For a pre-restoration
survey, photographs of all marine
mammals hauled-out on the island shall
be taken at an altitude greater than 300
m (984 ft) during the first arrival flight
to Northwest Seal Rock. For the postrestoration survey, photographs of all
marine mammals hauled-out on the
island shall be taken at an altitude
greater than 300 m (984 ft) during the
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last departure flight from Northwest
Seal Rock;
(9) The SGRLPS and/or its designees
will forward the photographs to a
biologist capable of discerning marine
mammal species. Data shall be provided
to NMFS in the form of a report with a
data table, any other significant
observations related to marine
mammals, and a report of restoration
activities (see Reporting). The SGRLPS
will make available the original
photographs to NMFS or to other marine
mammal experts for inspection and
further analysis.
NMFS has carefully evaluated the
applicant’s proposed mitigation
measures and considered a range of
other measures in the context of
ensuring that NMFS prescribes the
means of effecting the least practicable
adverse impact on the affected marine
mammal species and stocks and their
habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another: (1) the manner in which, and
the degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals; (2) the proven or
likely efficacy of the specific measure to
minimize adverse impacts as planned;
and (3) the practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS
or recommended by the public, NMFS
has determined that the required
mitigation measures provide the means
of effecting the least practicable adverse
impacts on marine mammals species or
stocks and their habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance.
Reporting
In order to issue an ITA for an
activity, Section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking’’. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13)
indicate that requests for IHAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the action
area.
The SGRLPS is required to submit an
interim report on all activities and
monitoring results to the ARA for
Protected Resources, Southwest Region,
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NMFS, and to the Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, NMFS, no
later than 30 days after the conclusion
of each monthly work session. This
report must contain the following
information: (1) a summary of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities; (2) species,
number, location, and behavior of any
marine mammals, observed throughout
all monitoring activities; (3) an estimate
of the number (by species) of marine
mammals that are known to have been
exposed to visual and acoustic stimuli
associated with the helicopter
operations, restoration and maintenance
activities; and (4) a description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the IHA and full documentation of
methods, results, and interpretation
pertaining to all monitoring.
The SGRLPS is required to submit a
final monitoring report to NMFS no
later than 90 days after the project is
completed to the ARA for Protected
Resources, Southwest Region, NMFS,
and to the Chief, Permits, Conservation,
and Education Division, Office of
Protected Resources, NMFS. The report
must contain the following information:
(1) a summary of the dates, times, and
weather during all helicopter
operations, restoration, and
maintenance activities; (2) species,
number, location, and behavior of any
marine mammals, observed throughout
all monitoring activities; (3) an estimate
of the number (by species) of marine
mammals that are known to have been
exposed to visual and acoustic stimuli
associated with the helicopter
operations, restoration, and
maintenance activities; (4) a description
of the implementation and effectiveness
of the monitoring and mitigation
measures of the IHA and full
documentation of methods, results, and
interpretation pertaining to all
monitoring.
In the event of any observed Steller
sea lion injury, mortality, or the
presence of newborn pup (which is
highly unlikely), SGRLPS and/or its
designees must immediately cease
operations and notify the ARA for
Protected Resources, Southwest Region,
NMFS at (562) 980–4020; and the Chief,
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, at (301) 713–2289.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
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any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is
anticipated and authorized as a result of
the helicopter operations, restoration,
and maintenance activities. Acoustic
and visual stimuli generated by
helicopter landings/takeoffs; noise
generated during restoration activities
and maintenance activities have the
potential to cause the pinnipeds hauled
out on NWSR to flush into the
surrounding water or to cause a shortterm behavioral disturbance. There is no
evidence that the planned activities
could result in serious injury or
mortality. The required mitigation and
monitoring measures will minimize any
potential risk to injury or mortality.
NMFS estimates that a maximum of
204 California sea lions, 172 Steller sea
lions, 36 Pacific harbor seals, and 6
northern fur seals could be potentially
affected by Level B harassment over the
course of the IHA. Estimates of the
numbers of marine mammals that might
be affected are based on consideration of
100 percent of the pinnipeds present on
NWSR that could be disturbed by
approximately 42 hrs of helicopter
operations each month, during the
course of the activity. These estimates
are also based on pinniped survey
counts conducted by CCR on NWSR in
the spring of 1997, 1998, 1999, and 2000
(CCR, 2001), calculated for the
population variance (Steller sea lions) or
for the average monthly abundance
(California sea lions, Pacific harbor
seals, and northern fur seals) between
November 1 and April 30 annually.
These incidental harassment take
numbers represent 0.14 percent of the
U.S. stock of California sea lion, 0.42
percent of the eastern U.S. stock of
Steller sea lion, 0.11 percent of the
California stock of Pacific harbor seals,
and 0.06 percent of the San Miguel
Island stock of northern fur seal.
NMFS expects that the individual
animals hauled out and harassed upon
exposure to the first helicopter flight of
the day will be the same animals hauled
out on NWSR over the course of each
three-day work period, due to high site
fidelity, which is defined herein as an
individual animal’s continued use of the
same haul out area over a specific
period of time.
Take estimates for the California sea
lions, Pacific harbor seals, and northern
fur seals are based on the average
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monthly abundance (CCR, 2001) of the
total number of animals expected to be
hauled out on NWSR. The average
monthly abundance for each species is
then multiplied by six to account for the
monthly sessions of restoration and
maintenance activities conducted
between November 1st and April 30th to
arrive at the total take number for each
species. Each animal has the potential to
be exposed and potentially harassed
multiple times on the same day (i.e., 12
harassment events on the first day, two
harassment events on the second day,
and 22 harassment events on the final
day). However, NMFS’ take numbers
represent the total number of individual
marine mammals expected to be
harassed by the helicopter operations,
and restoration and maintenance
activities, not the total number of
exposure/harassment events.
Estimates of the number of Steller sea
lions that might be present on NWSR
during the three-day work period do not
exist. Therefore, to account for
variability of Steller sea lion presence
throughout the six months of the
restoration and maintenance activities,
NMFS estimated the population
variance for Steller sea lions hauled out
during the six month period by using a
two-tailed test statistical test (at a 95
percent confidence level) to infer the
upper range of Steller sea lions present
on NWSR (i.e., 172 individuals). NMFS
expects the haul out areas on NWSR to
be inundated by waves during the
winter months thereby reducing the
available haul out space and as a result,
the number of Steller sea lions hauled
out. Accordingly, these take estimates
are likely a gross overestimate of the
number of animals expected to be
hauled out at Northwest Seal Rock,
during the six monthly sessions of
restoration and maintenance activities
conducted between November 1st and
April 30th.
Negligible Impact and Small Numbers
Analysis and Determination
NMFS has defined ‘‘negligible impact’’
in 50 CFR 216.103 as ‘‘...an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.’’
In making a negligible impact
determination, NMFS considers: (1) the
number of anticipated mortalities; (2)
the number and nature of anticipated
injuries; (3) the number, nature, and
intensity, and duration of Level B
harassment; and (4) the context in
which the takes occur.
As mentioned previously, NMFS
estimates that a maximum of 204
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16:49 Jan 28, 2010
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California sea lions, 172 Steller sea
lions, 36 Pacific harbor seals, and 6
northern fur seals could be potentially
affected by Level B harassment over the
course of the IHA. These incidental
harassment take numbers represent 0.14
percent of the U.S. stock of California
sea lion, 0.42 percent of the eastern U.S.
stock of Steller sea lion, 0.11 percent of
the California stock of Pacific harbor
seals, and 0.06 percent of the San
Miguel Island stock of northern fur seal.
For each species, these numbers are
small relative to the population size.
No injuries or mortalities are
anticipated to occur as a result of the
SGRLPS’ planned helicopter operations,
restoration, and maintenance activities,
and none are authorized. Takes will be
limited to Level B behavioral
harassment over a three-day period at
maximum frequency of one session a
month.
NMFS does not expect the activity to
impact rates of recruitment or survival
of the pinnipeds since no mortality
(which would remove individuals from
the population) or injury is anticipated
to occur. Only short-term Level B
harassment is anticipated to occur over
a very short period of time (maximum
of three days), occurring at very limited
times of the day. Additionally, the
activity will occur at a time of year
when breeding does not occur.
NMFS has determined, provided that
the aforementioned mitigation and
monitoring measures are implemented,
that the impact of conducting helicopter
operations, restoration, and
maintenance activities on St. George
Reef Light Station located on NWSR
may result, at worst, in a temporary
modification in behavior and/or lowlevel physiological effects (Level B
harassment) of small numbers of certain
species of marine mammals.
While behavioral modifications,
including temporarily vacating the area
during the lighthouse restoration and
maintenance period, may be made by
these species to avoid the resultant
helicopter landing/takeoff and visual
disturbance from human presence, the
availability of alternate areas within
these areas and haulout sites, and the
short and sporadic duration of the
restoration and maintenance activities,
have led NMFS to determine that this
action will have a negligible impact on
Steller sea lions, California sea lions,
Pacific harbor seals, and northern fur
seals.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
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NMFS finds that the SGRLPS’ planned
helicopter operations, restoration, and
maintenance activities will result in the
incidental take of small numbers of
marine mammals, by Level B
harassment only, and that the total
taking from helicopter operations,
restoration, and maintenance activities
exercise will have a negligible impact
on the affected species or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Endangered Species Act (ESA)
The Steller sea lion, eastern Distinct
Population Segment (DPS) is listed as
threatened under the ESA and occurs in
the planned action area. NMFS
Headquarters’ Office of Protected
Resources, Permits, Conservation, and
Education Division conducted a formal
section 7 consultation under the ESA
with the Southwest Region, NMFS. On
January 27, 2010, the Southwest Region
issued a Biological Opinion (BiOp) and
concluded that the issuance of an IHA
is likely to adversely affect, but not
likely to jeopardize the continued
existence of Steller sea lions. NMFS has
designated critical habitat for the
eastern Distinct Population Segment of
˜
Steller sea lions in California at Ano
Nuevo Island, Southeast Farallon Island,
Sugarloaf Island and Cape Mendocino,
California pursuant to section 4 of the
ESA (see 50 CFR 226.202(b)). Northwest
Seal Rock is neither within nor nearby
these designated areas. Finally, the
BiOp included an incidental take
statement (ITS) for Steller sea lions. The
ITS contains reasonable and prudent
measures implemented by terms and
conditions to minimize the effects of
this take.
National Environmental Policy Act
(NEPA)
To meet NMFS’ NEPA requirements
for the issuance of an IHA to the
SGRLPS, NMFS has prepared an
Environmental Assessment (EA) that is
specific to conducting aircraft
operations and restoration and
maintenance work on the St. George
Reef Light Station. NMFS has prepared
an Environmental Assessment (EA)
titled Issuance of an Incidental
Harassment Authorization to Take
Marine Mammals by Harassment
Incidental to Conducting Aircraft
Operations, Lighthouse Restoration and
Maintenance Activities on St. George
Reef Lighthouse Station in Del Norte
County, California, that evaluates the
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impacts on the human environment of
NMFS’ authorization of incidental Level
B harassment resulting from the
specified activity in the specified
geographic region. The NMFS has made
a Finding of No Significant Impact
(FONSI) and, therefore, it is not
necessary to prepare an environmental
impact statement for the issuance of an
IHA to SGRLPS for this activity. A copy
of the EA and the NMFS FONSI for this
activity is available upon request (see
ADDRESSES). A copy of the EA and the
NMFS FONSI for this activity is
available upon request (see ADDRESSES).
Authorization
As a result of these determinations,
NMFS has issued an IHA to the SGRLPS
to conduct helicopter operations and
restoration and maintenance work on
the St. George Reef Light Station on
Northwest Seal Rock in the northeast
Pacific Ocean during January 27, 2010
through April 30, 2010, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: January 25, 2010.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–1906 Filed 1–28–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–826]
jlentini on DSKJ8SOYB1PROD with NOTICES
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From Italy:
Preliminary Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by an
interested party, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on certain
cut-to-length carbon-quality steel plate
products from Italy. This review covers
one producer/exporter of the subject
merchandise, Evraz Palini Bertoli S.p.A.
(Palini). The period of review (POR) is
February 1, 2008 through January 31,
2009.
The Department has preliminarily
determined that Palini made U.S. sales
at prices less than normal value. If these
preliminary results are adopted in our
final results of administrative review,
we will instruct U.S. Customs and
Border Protection (CBP) to assess
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16:49 Jan 28, 2010
Jkt 220001
antidumping duties on all appropriate
entries. Interested parties are invited to
comment on these preliminary results of
review. We intend to issue the final
results of review no later than 120 days
from the publication date of this notice.
DATES: Effective Date: January 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Minoo Hatten,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–0665 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, the Department
published in the Federal Register an
antidumping duty order on certain cutto-length carbon-quality steel plate
products (steel plate) from Italy. See
Notice of Amendment of Final
Determinations of Sales at Less Than
Fair Value and Antidumping Duty
Orders: Certain Cut-to-Length CarbonQuality Steel Plate Products From
France, India, Indonesia, Italy, Japan
and the Republic of Korea, 65 FR 6585
(February 10, 2000) (Order). On
February 4, 2009, the Department
published in the Federal Register a
notice of ‘‘Opportunity To Request
Administrative Review’’ of the order.
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review, 74 FR 6013
(February 4, 2009).
In accordance with 19 CFR
351.213(b)(2), on March 2, 2009, Palini
requested that the Department conduct
an administrative review of its sales and
entries of subject merchandise into the
United States during the POR.1 On
March 24, 2009, the Department
published a notice of initiation of an
administrative review of the
antidumping duty order on steel plate
from Italy with respect to Palini. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 74 FR 12310 (March 24, 2009). On
October 8, 2009, we extended the due
date for the preliminary results of
review by 86 days to January 25, 2010.
See Certain Cut-to-Length Carbon1 The notice of ‘‘Opportunity To Request
Administrative Review’’ stated that all requests for
a review must be submitted no later than the last
day of February 2009, or the next business day if
the deadline falls on a weekend, federal holiday, or
any other day when the Department is closed.
Because February 28, 2009 fell on the weekend,
Palini submitted its request for an administrative
review on Monday, March 2, 2009.
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4779
Quality Steel Plate Products From Italy:
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review, 74 FR 53215
(October 16, 2009).
The Department is conducting this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by the
antidumping duty order are certain hotrolled carbon-quality steel: (1) Universal
mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but
not exceeding 1250 mm, and of a
nominal or actual thickness of not less
than 4 mm, which are cut-to-length (not
in coils) and without patterns in relief),
of iron or non-alloy-quality steel; and
(2) flat-rolled products, hot-rolled, of a
nominal or actual thickness of 4.75 mm
or more and of a width which exceeds
150 mm and measures at least twice the
thickness, and which are cut-to-length
(not in coils). Steel products included in
the scope of the order are of rectangular,
square, circular, or other shape and of
rectangular or non-rectangular crosssection where such non-rectangular
cross-section is achieved subsequent to
the rolling process (i.e., products which
have been ‘‘worked after rolling’’)—for
example, products which have been
beveled or rounded at the edges. Steel
products that meet the noted physical
characteristics that are painted,
varnished, or coated with plastic or
other non-metallic substances are
included within the scope. Also,
specifically included in the scope of the
order are high strength, low alloy
(HSLA) steels. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum. Steel products
included in the scope, regardless of
Harmonized Tariff Schedule of the
United States (HTSUS) definitions, are
products in which: (1) Iron
predominates, by weight, over each of
the other contained elements, (2) the
carbon content is two percent or less, by
weight, and (3) none of the elements
listed below is equal to or exceeds the
quantity, by weight, respectively
indicated: 1.80 percent of manganese, or
1.50 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.41 percent of titanium, or
0.15 percent of vanadium, or 0.15
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]]>Agencies
[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Notices]
[Pages 4774-4779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1906]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XT13
Takes of Marine Mammals Incidental to Specified Activities; St.
George Reef Light Station Restoration and Maintenance on Northwest Seal
Rock, in the Northeast Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
the St. George Reef Lighthouse Preservation Society (SGRLPS), to
incidentally harass, by Level B harassment only, four species of marine
mammals during the specified activity.
DATES: This authorization is effective from January 27, 2010, through
April 30, 2010.
ADDRESSES: A copy of the IHA and the application are available by
writing to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225. A copy
of the application may be obtained by writing to this address, by
telephoning the contact listed here (FOR FURTHER INFORMATION CONTACT)
or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications
Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody (301) 713-2289, ext. 113
or Monica DeAngelis, NMFS Southwest Region, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs
the Secretary of Commerce to authorize, upon request, the incidental,
but not intentional, taking by harassment of small numbers of marine
mammals of a species or population stock, for periods of not more than
one year, by United States citizens who engage in a specified activity
(other than commercial fishing) within a specific geographic region if
certain findings are made and, a notice of a proposed authorization is
provided to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses. The authorization must set forth the
permissible methods of taking, other means of effecting the least
practicable adverse impact on the species or stock and its habitat, and
monitoring and reporting of such takings. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS' review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received an application from the SGRLPS for the taking by
harassment, of marine mammals incidental to conducting helicopter
operations, lighthouse restoration, and light maintenance activities on
the St. George Reef Lighthouse Station (Station) in Del Norte County in
California. SGRLPS aims to restore and preserve the Station which is
listed in the National Park Service's National Register of Historic
Places. The group must also perform annual maintenance on the Station's
optical light system to renew a U.S. Coast Guard (USCG) Private Aid to
Navigation (PATON) permit. The Station is located on Northwest Seal
Rock (NWSR) (41[deg] 50' 24'' N, 124[deg] 22' 06'' W) approximately
nine kilometers (km) (6.0 miles (mi)) offshore of Crescent City,
California in the northeast Pacific Ocean.
Acoustic and visual stimuli generated by helicopter landings/
takeoffs, noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing) and maintenance activities
(e.g., bulb replacement and automation of the light system), and human
presence, may have the potential to cause the pinnipeds hauled out on
NWSR to flush into the surrounding water or to cause a short-term
behavioral disturbance. These types of disturbances are the principal
means of marine mammal taking associated with these activities and the
SGRLPS has requested an authorization to take 204 California sea lions
(Zalophus californianus); 36 Pacific Harbor seals (Phoca vitulina); 172
Steller sea lions (Eumetopias jubatus); and six northern fur seals
[[Page 4775]]
(Callorhinus ursinus) by Level B harassment.
Description of the Specified Activity
SGRLPS will conduct the activities (helicopter operations,
lighthouse restoration and light maintenance activities) on NWSR
between January 27, 2010 and April 30, 2010, at a maximum frequency of
one work session per month. The duration of each work session will be
no more than three days (e.g., Friday, Saturday, and Sunday).
NMFS provided a detailed overview of the activity in the notice of
the proposed IHA (74 FR 49852, September 29, 2009) and in Chapter 3 of
NMFS' Environmental Assessment (EA). No changes have been made to the
proposed activities.
Helicopter Operations
The SGRLPS will transport personnel and equipment from the
California mainland to NWSR by a small helicopter. The helicopter will
depart from Crescent City Airport and will transit to NWSR where it
will land on top of the engine room (caisson). Acoustic tests on the
helicopter's noise output measured a sound pressure level of 81.9
decibels (dB) re: 20 Pa (peak) (A-weighted) approximately 150 m from
the ground. However, the helicopter has two-bladed main and tail rotors
which are fitted with noise-attenuating blade tip caps that would
decrease flyover noise.
The SGRLPS estimates that each work session would require no more
than 36 helicopter landings. During landing, the work crew members will
disembark from the helicopter and retrieve their equipment located in a
basket attached to the underside of the aircraft. The helicopter would
then return to the mainland to pick up additional personnel and
equipment.
As a means of funding support for the restoration activities, the
SGRLPS will conduct public tours of the Station during the last day of
the restoration and maintenance activities. SGRLPS will transport
visitors to the Station on Sunday. Although some of these flights would
be conducted solely for the transportation of tourists, the SGRLPS will
conduct those flights later in the day when no pinnipeds are expected
to be on NWSR due to the animals dispersal from the haulout area caused
by previous helicopter landings earlier in the day. No additional
allowance is included for marine mammals that might be affected by
additional flights for the transportation of tourists.
Lighthouse Restoration and Light Maintenance
Restoration activities will involve light construction (e.g.,
sanding, hammering, or use of hand drills) to: remove peeling paint and
plaster; restore interior plaster and paint; refurbish and replace
structural and decorative elements; replace glass; upgrade the present
electrical system; replace the PATON beacon light; and automate the
light system. Noise generated from these activities have the potential
to disturb pinnipeds hauled out on NWSR.
Emergency Repair Event
If the PATON beacon light fails during the period January 27, 2010,
through April 30, 2010, the SGRLPS would transport a small work crew to
the Station by helicopter to repair the PATON beacon light. For each
emergency repair event, the SGRLPS would conduct a maximum of four
flights (two arrivals and two departures) to transport equipment and
supplies. As in the case of helicopter operations and lighthouse
restoration and maintenance conducted during the three-day work
sessions, flights conducted for emergency repairs would have the
potential to disturb pinnipeds hauled out on NWSR.
Comments and Responses
NMFS published a notice of receipt of the SGRLPS application and
proposed IHA in the Federal Register on September 29, 2009 (74 FR
49852). During the 30-day comment period, NMFS received a letter from
the Marine Mammal Commission (Commission) which recommended that NMFS
issue the requested authorization, provided that the required
monitoring and mitigation measures are carried out (e.g., restrictions
on the timing and frequency of activities, restrictions on helicopter
approaches, timing measures for helicopter landings, and measures to
minimize acoustic and visual disturbances) as described in NMFS'
September 29, 2009 (74 FR 49852), notice of the proposed IHA and the
application. All measures proposed in the initial Federal Register
notice are included in the authorization and NMFS has determined that
they will effect the least practicable impact on the species or stocks
and their habitats.
Marine Mammals Affected by the Activity
The marine mammal species most likely to be harassed incidental to
helicopter operations, lighthouse restoration, and lighthouse
maintenance on NWSR are the California sea lion, the Pacific Harbor
seal, the eastern U.S. stock of Steller sea lion, and the eastern
Pacific stock of northern fur seal. California sea lions and Pacific
harbor seals are not listed as threatened or endangered under the ESA,
nor are they categorized as depleted under the MMPA. Northern fur seals
are not listed as threatened or endangered under the ESA. However, they
are categorized as depleted under the MMPA.
Last, the Steller sea lion, eastern U.S. stock is listed as
threatened under the ESA and is categorized as depleted under the MMPA.
General information of these species can be found in the notice of the
proposed IHA (74 FR 49852, September 29, 2009). The nearest Steller sea
lion breeding area relative to the project site is at Southwest Seal
Rock (41 49 00 N, 124 21 00 W) about 4 km (2.49 miles (mi)) south of
NWSR. Although the rookery is just south of the Station, animals may
continue to increase their use of NWSR over time; possibly as a pupping
area, at some point in the future (R. Brown, pers. comm., 2006).
There are several endangered cetaceans that have the potential to
transit in the vicinity of NWSR including the blue (Balaenoptera
musculus), fin (Balaenoptera physalus), humpback (Megaptera
novaeangliae), sei (Balaenoptera borealis), north Pacific right
(Eubalena japonica), sperm (Physeter macrocephalus), and southern
resident killer (Orcinus orca) whales. These species are typically
found farther offshore of NWSR and are not considered further in this
IHA.
California (southern) sea otters (Enhydra lutris nereis) usually
range in coastal waters within two km of shore. However, sea otters are
not present on NWSR (Crescent Coastal Research (CCR), 2001). This
species is managed by the U.S. Fish and Wildlife Service and is not
considered further in this IHA.
Potential Effects of the Activities on Marine Mammals
Level B harassment of pinnipeds has the potential to occur during
helicopter approaches and departures from NWSR due to acoustic
disturbances caused by the helicopters rotors and engine. It is likely
that the initial helicopter approach to the Station would cause a
subset, or all of the marine mammals hauled out on NWSR to depart the
rock and flush into the water. The pinnipeds' movement into the water
is expected to be gradual due to the required controlled helicopter
approaches (see Mitigation), the small size of the helicopter, its
relatively quiet rotors, and behavioral habituation on the part
[[Page 4776]]
of the animals as helicopter trips continue throughout the day.
According to the CCR Report (2001), while up to 40 percent of the
California and Steller sea lions present on the rock have been observed
to enter the water on the first of a series of helicopter landings, as
few as zero percent have flushed on subsequent landings on the same
date.
During the sessions of helicopter activity, some animals may be
temporarily displaced from the island and either raft in the water or
relocate to other haul-outs. Sea lions have shown habituation to
helicopter flight within a day at the project site and most animals are
expected to return soon after helicopter activities cease for that day.
By clustering helicopter arrivals and departures within a short time
period, the pinnipeds are expected to show less response to subsequent
landings (NMFS, 2010).
NMFS provided a detailed overview of: (1) the sound levels produced
by the helicopter; (2) behavioral reactions of pinnipeds to helicopter
operations and light construction noise; (3) hearing impairment and
other non-auditory physical effects; (4) behavioral reactions to visual
stimuli; (5) and specific observations gathered during previous
monitoring of the marine mammals present on NWSR in the notice of the
proposed IHA (74 FR 49852, September 29, 2009) and in Chapter 3 of
NMFS' Environmental Assessment (EA).
Possible Effects of Activities on Marine Mammal Habitat
The SGRLPS does not anticipate any loss or modification to the
habitat used by California sea lions, Steller sea lions, Pacific harbor
seals, and northern fur seals that haul-out on NWSR. The SGRLPS will
conduct helicopter operations and restoration and maintenance
activities at elevations high enough to not disturb the geology and the
water surrounding NWSR.
NMFS has designated EFH for groundfish species (or species
assemblages) along more than 130,000 square miles of marine waters off
the West Coast. EFH consists of both the water column and the
underlying surface (e.g. seafloor) of a particular area. Although NWSR
is located adjacent to the EFH (water column), the restoration and
maintenance activities will occur from 11 m (37 ft) to 44.5m (146 ft)
above the designated EFH for groundfish species. Hence, the effects of
restoration and maintenance activities as well as the elevation and
route of the helicopter operations would not occur in the surrounding
water column and would not significantly impact fish populations or
habitat. These activities are not likely to adversely affect EFH.
NMFS also considered the effects of issuing an IHA on target and
non-target species, including invertebrates, fish, sea turtles,
seabirds, sea otters, and marine mammals and their habitats. NMFS does
not expect the action to affect an animal's susceptibility to
predation, alter dietary preferences or foraging behavior, or change
distribution or abundance of predators or prey.
Mitigation and Monitoring
In order to issue an incidental take authorization (ITA) under
Section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
such species or stock for taking for certain subsistence uses. To
reduce the potential for disturbance from visual and acoustic stimuli
associated with the activities, the SGRLPS and/or its designees will
undertake the following marine mammal mitigation and monitoring
measures:
(1) Conduct restoration and maintenance activities at the St.
George Reef Light Station at a maximum of one session per month between
January 27, 2010, and April 30, 2010. Each restoration session would be
no more than three days in duration. Maintenance of the light beacon
will occur only in conjunction with the monthly restoration activities;
(2) Ensure that helicopter approach patterns to the St. George Reef
Light Station will be such that the timing techniques are least
disturbing to marine mammals. To the extent possible, the helicopter
should approach Northwest Seal Rock when the tide is too high for the
marine mammals to haul-out on Northwest Seal Rock;
(3) Avoid rapid and direct approaches by the helicopter to the
Station by approaching Northwest Seal Rock at a relatively high
altitude (e.g., 800 - 1,000 ft, or 244 - 305 m). Before the final
approach, the helicopter shall circle lower, and approach from area
where the density of pinnipeds is the lowest. If for any safety reasons
(e.g., wind conditions or visibility) such helicopter approach and
timing techniques cannot be achieved, the SGRLPS must abort the
restoration and maintenance session for that day;
(4) Provide instructions to SGRLPS members, the restoration crew,
and if applicable, to tourists, on appropriate conduct when in the
vicinity of hauled-out marine mammals. The SGRLPS members, the
restoration crew, and if applicable, tourists, will avoid making
unnecessary noise while on Northwest Seal Rock and must not view
pinnipeds around the base of the Station;
(5) Ensure that the door to the Station's lower platform shall
remain closed and barricaded at all times;
(6) At least once during the period between November 1 and April 30
annually, a qualified, NMFS-approved biologist shall be present during
all three workdays at the Station. This requirement may be modified
depending on the results of the monthly monitoring reports. The
biologist shall document use of the island by the marine mammals (i.e.,
dates, time, tidal height, species, numbers present, frequency of use,
weather conditions, and any disturbances), and note any responses to
potential disturbances;
(7) In the case of an emergency repair event (i.e., failure of the
PATON beacon light) between January 27, 2010 and April 30, 2010, the
SGRLPS must consult with the Assistant Regional Administrator (ARA) for
Protected Resources, Southwest Region, NMFS, to best determine the
timing of an emergency repair trip to the Station. The Southwest Region
NMFS fishery biologist will make a decision regarding when the SGRLPS
can schedule helicopter trips to the Station during the emergency
repair time window and will ensure that such operations will have the
least practicable adverse impact to marine mammals. The ARA for
Protected Resources, Southwest Region, NMFS will ensure that the
SGRLPS' request for incidental take during an emergency repair event
will not exceed the number of incidental take authorized in this IHA;
(8) The SGRLPS will employ a skilled, aerial photographer to
document marine mammals hauled out on Northwest Seal Rock for comparing
marine mammal presence on Northwest Seal Rock pre- and post-
restoration. The photographer will complete a photographic survey of
Northwest Seal Rock using the same helicopter that will transport
SGRLPS personnel to the island during restoration trips. For a pre-
restoration survey, photographs of all marine mammals hauled-out on the
island shall be taken at an altitude greater than 300 m (984 ft) during
the first arrival flight to Northwest Seal Rock. For the post-
restoration survey, photographs of all marine mammals hauled-out on the
island shall be taken at an altitude greater than 300 m (984 ft) during
the
[[Page 4777]]
last departure flight from Northwest Seal Rock;
(9) The SGRLPS and/or its designees will forward the photographs to
a biologist capable of discerning marine mammal species. Data shall be
provided to NMFS in the form of a report with a data table, any other
significant observations related to marine mammals, and a report of
restoration activities (see Reporting). The SGRLPS will make available
the original photographs to NMFS or to other marine mammal experts for
inspection and further analysis.
NMFS has carefully evaluated the applicant's proposed mitigation
measures and considered a range of other measures in the context of
ensuring that NMFS prescribes the means of effecting the least
practicable adverse impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another: (1)
the manner in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals; (2) the proven or likely efficacy of the specific
measure to minimize adverse impacts as planned; and (3) the
practicability of the measure for applicant implementation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS or recommended by the public,
NMFS has determined that the required mitigation measures provide the
means of effecting the least practicable adverse impacts on marine
mammals species or stocks and their habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance.
Reporting
In order to issue an ITA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the action area.
The SGRLPS is required to submit an interim report on all
activities and monitoring results to the ARA for Protected Resources,
Southwest Region, NMFS, and to the Chief, Permits, Conservation, and
Education Division, Office of Protected Resources, NMFS, no later than
30 days after the conclusion of each monthly work session. This report
must contain the following information: (1) a summary of the dates,
times, and weather during all helicopter operations, and restoration
and maintenance activities; (2) species, number, location, and behavior
of any marine mammals, observed throughout all monitoring activities;
(3) an estimate of the number (by species) of marine mammals that are
known to have been exposed to visual and acoustic stimuli associated
with the helicopter operations, restoration and maintenance activities;
and (4) a description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.
The SGRLPS is required to submit a final monitoring report to NMFS
no later than 90 days after the project is completed to the ARA for
Protected Resources, Southwest Region, NMFS, and to the Chief, Permits,
Conservation, and Education Division, Office of Protected Resources,
NMFS. The report must contain the following information: (1) a summary
of the dates, times, and weather during all helicopter operations,
restoration, and maintenance activities; (2) species, number, location,
and behavior of any marine mammals, observed throughout all monitoring
activities; (3) an estimate of the number (by species) of marine
mammals that are known to have been exposed to visual and acoustic
stimuli associated with the helicopter operations, restoration, and
maintenance activities; (4) a description of the implementation and
effectiveness of the monitoring and mitigation measures of the IHA and
full documentation of methods, results, and interpretation pertaining
to all monitoring.
In the event of any observed Steller sea lion injury, mortality, or
the presence of newborn pup (which is highly unlikely), SGRLPS and/or
its designees must immediately cease operations and notify the ARA for
Protected Resources, Southwest Region, NMFS at (562) 980-4020; and the
Chief, Permits, Conservation and Education Division, Office of
Protected Resources, NMFS, at (301) 713-2289.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is anticipated and authorized as a
result of the helicopter operations, restoration, and maintenance
activities. Acoustic and visual stimuli generated by helicopter
landings/takeoffs; noise generated during restoration activities and
maintenance activities have the potential to cause the pinnipeds hauled
out on NWSR to flush into the surrounding water or to cause a short-
term behavioral disturbance. There is no evidence that the planned
activities could result in serious injury or mortality. The required
mitigation and monitoring measures will minimize any potential risk to
injury or mortality.
NMFS estimates that a maximum of 204 California sea lions, 172
Steller sea lions, 36 Pacific harbor seals, and 6 northern fur seals
could be potentially affected by Level B harassment over the course of
the IHA. Estimates of the numbers of marine mammals that might be
affected are based on consideration of 100 percent of the pinnipeds
present on NWSR that could be disturbed by approximately 42 hrs of
helicopter operations each month, during the course of the activity.
These estimates are also based on pinniped survey counts conducted by
CCR on NWSR in the spring of 1997, 1998, 1999, and 2000 (CCR, 2001),
calculated for the population variance (Steller sea lions) or for the
average monthly abundance (California sea lions, Pacific harbor seals,
and northern fur seals) between November 1 and April 30 annually. These
incidental harassment take numbers represent 0.14 percent of the U.S.
stock of California sea lion, 0.42 percent of the eastern U.S. stock of
Steller sea lion, 0.11 percent of the California stock of Pacific
harbor seals, and 0.06 percent of the San Miguel Island stock of
northern fur seal.
NMFS expects that the individual animals hauled out and harassed
upon exposure to the first helicopter flight of the day will be the
same animals hauled out on NWSR over the course of each three-day work
period, due to high site fidelity, which is defined herein as an
individual animal's continued use of the same haul out area over a
specific period of time.
Take estimates for the California sea lions, Pacific harbor seals,
and northern fur seals are based on the average
[[Page 4778]]
monthly abundance (CCR, 2001) of the total number of animals expected
to be hauled out on NWSR. The average monthly abundance for each
species is then multiplied by six to account for the monthly sessions
of restoration and maintenance activities conducted between November
1st and April 30th to arrive at the total take number for each species.
Each animal has the potential to be exposed and potentially harassed
multiple times on the same day (i.e., 12 harassment events on the first
day, two harassment events on the second day, and 22 harassment events
on the final day). However, NMFS' take numbers represent the total
number of individual marine mammals expected to be harassed by the
helicopter operations, and restoration and maintenance activities, not
the total number of exposure/harassment events.
Estimates of the number of Steller sea lions that might be present
on NWSR during the three-day work period do not exist. Therefore, to
account for variability of Steller sea lion presence throughout the six
months of the restoration and maintenance activities, NMFS estimated
the population variance for Steller sea lions hauled out during the six
month period by using a two-tailed test statistical test (at a 95
percent confidence level) to infer the upper range of Steller sea lions
present on NWSR (i.e., 172 individuals). NMFS expects the haul out
areas on NWSR to be inundated by waves during the winter months thereby
reducing the available haul out space and as a result, the number of
Steller sea lions hauled out. Accordingly, these take estimates are
likely a gross overestimate of the number of animals expected to be
hauled out at Northwest Seal Rock, during the six monthly sessions of
restoration and maintenance activities conducted between November 1st
and April 30th.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``...an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.'' In making a negligible impact determination, NMFS
considers: (1) the number of anticipated mortalities; (2) the number
and nature of anticipated injuries; (3) the number, nature, and
intensity, and duration of Level B harassment; and (4) the context in
which the takes occur.
As mentioned previously, NMFS estimates that a maximum of 204
California sea lions, 172 Steller sea lions, 36 Pacific harbor seals,
and 6 northern fur seals could be potentially affected by Level B
harassment over the course of the IHA. These incidental harassment take
numbers represent 0.14 percent of the U.S. stock of California sea
lion, 0.42 percent of the eastern U.S. stock of Steller sea lion, 0.11
percent of the California stock of Pacific harbor seals, and 0.06
percent of the San Miguel Island stock of northern fur seal. For each
species, these numbers are small relative to the population size.
No injuries or mortalities are anticipated to occur as a result of
the SGRLPS' planned helicopter operations, restoration, and maintenance
activities, and none are authorized. Takes will be limited to Level B
behavioral harassment over a three-day period at maximum frequency of
one session a month.
NMFS does not expect the activity to impact rates of recruitment or
survival of the pinnipeds since no mortality (which would remove
individuals from the population) or injury is anticipated to occur.
Only short-term Level B harassment is anticipated to occur over a very
short period of time (maximum of three days), occurring at very limited
times of the day. Additionally, the activity will occur at a time of
year when breeding does not occur.
NMFS has determined, provided that the aforementioned mitigation
and monitoring measures are implemented, that the impact of conducting
helicopter operations, restoration, and maintenance activities on St.
George Reef Light Station located on NWSR may result, at worst, in a
temporary modification in behavior and/or low-level physiological
effects (Level B harassment) of small numbers of certain species of
marine mammals.
While behavioral modifications, including temporarily vacating the
area during the lighthouse restoration and maintenance period, may be
made by these species to avoid the resultant helicopter landing/takeoff
and visual disturbance from human presence, the availability of
alternate areas within these areas and haulout sites, and the short and
sporadic duration of the restoration and maintenance activities, have
led NMFS to determine that this action will have a negligible impact on
Steller sea lions, California sea lions, Pacific harbor seals, and
northern fur seals.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that the SGRLPS' planned helicopter operations,
restoration, and maintenance activities will result in the incidental
take of small numbers of marine mammals, by Level B harassment only,
and that the total taking from helicopter operations, restoration, and
maintenance activities exercise will have a negligible impact on the
affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action.
Endangered Species Act (ESA)
The Steller sea lion, eastern Distinct Population Segment (DPS) is
listed as threatened under the ESA and occurs in the planned action
area. NMFS Headquarters' Office of Protected Resources, Permits,
Conservation, and Education Division conducted a formal section 7
consultation under the ESA with the Southwest Region, NMFS. On January
27, 2010, the Southwest Region issued a Biological Opinion (BiOp) and
concluded that the issuance of an IHA is likely to adversely affect,
but not likely to jeopardize the continued existence of Steller sea
lions. NMFS has designated critical habitat for the eastern Distinct
Population Segment of Steller sea lions in California at Ano Nuevo
Island, Southeast Farallon Island, Sugarloaf Island and Cape Mendocino,
California pursuant to section 4 of the ESA (see 50 CFR 226.202(b)).
Northwest Seal Rock is neither within nor nearby these designated
areas. Finally, the BiOp included an incidental take statement (ITS)
for Steller sea lions. The ITS contains reasonable and prudent measures
implemented by terms and conditions to minimize the effects of this
take.
National Environmental Policy Act (NEPA)
To meet NMFS' NEPA requirements for the issuance of an IHA to the
SGRLPS, NMFS has prepared an Environmental Assessment (EA) that is
specific to conducting aircraft operations and restoration and
maintenance work on the St. George Reef Light Station. NMFS has
prepared an Environmental Assessment (EA) titled Issuance of an
Incidental Harassment Authorization to Take Marine Mammals by
Harassment Incidental to Conducting Aircraft Operations, Lighthouse
Restoration and Maintenance Activities on St. George Reef Lighthouse
Station in Del Norte County, California, that evaluates the
[[Page 4779]]
impacts on the human environment of NMFS' authorization of incidental
Level B harassment resulting from the specified activity in the
specified geographic region. The NMFS has made a Finding of No
Significant Impact (FONSI) and, therefore, it is not necessary to
prepare an environmental impact statement for the issuance of an IHA to
SGRLPS for this activity. A copy of the EA and the NMFS FONSI for this
activity is available upon request (see ADDRESSES). A copy of the EA
and the NMFS FONSI for this activity is available upon request (see
ADDRESSES).
Authorization
As a result of these determinations, NMFS has issued an IHA to the
SGRLPS to conduct helicopter operations and restoration and maintenance
work on the St. George Reef Light Station on Northwest Seal Rock in the
northeast Pacific Ocean during January 27, 2010 through April 30, 2010,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: January 25, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2010-1906 Filed 1-28-10; 8:45 am]
BILLING CODE 3510-22-S
