Small Takes of Marine Mammals Incidental to Specified Activities; Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA, 39235-39240 [05-13389]
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
II. Commission Briefing: Stagnation of
the Black Middle Class.
CONTACT PERSON FOR FURTHER
INFORMATION: Kenneth L. Marcus,
Staff
Director, Press and Communications
(202) 376–7700.
Jenny Park,
Acting Deputy General Counsel.
[FR Doc. 05–13512 Filed 7–5–05; 3:35 pm]
BILLING CODE 6335–01–M
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
International Trade Administration
Exporters’ Textile Advisory
Committee; Notice of Open Meeting
A meeting of the Exporters’ Textile
Advisory Committee will be held on
July 20th at 10 a.m.–2 p.m. at the U.S.
Department of Commerce 1401
Constitution Ave. NW, Washington, DC
20230, Room: B841–B. The meeting will
be closed from 12–2 p.m.
The Committee provides advice and
guidance to Department officials on the
identification and surmounting of
barriers to the expansion of textile
exports, and on methods of encouraging
textile firms to participate in export
expansion.
The Committee functions solely as an
advisory body in accordance with the
provisions of the Federal Advisory
Committee Act.
The meeting will be open to the
public with a limited number of seats
available. For further information or
copies of the minutes, contact Rachel
Alarid, telephone: (202) 482–5154.
July 1, 2005.
James C. Leonard III,
Chairman, Committee for Implementation of
Textile Agreements.
[FR Doc. E5–3591 Filed 7–6–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Office of Ocean and Coastal
Resource Management (OCRM),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice; correction.
AGENCY:
SUMMARY: OCRM published a document
in the Federal Register of June 24, 2005,
19:31 Jul 06, 2005
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Dated: June 30, 2005.
Eldon Hout,
Director, Office of Ocean and Coastal
Resource Management, National Ocean
Service, National Ocean and Atmospheric
Administration.
(Federal Domestic Assistance Catalog 11.419
Coastal Zone Management Program
Administration)
[FR Doc. 05–13323 Filed 7–6–05; 8:45 am]
BILLING CODE 3510–08–P
DEPARTMENT OF COMMERCE
Helen Bass, 301–713–3155 extension
175.
National Oceanic and Atmospheric
Administration
Correction
[I.D. 040703H]
In the Federal Register of June 24,
2005, in FR Doc. Volume 70, Number
121, on page 36565, correct the
SUMMARY, the first sentence of DATES,
and the first sentence of the
Supplementary Information, captions to
read:
SUMMARY: NOAA announces its
intention to prepare an EIS in
accordance with the National
Environmental Policy Act of 1969 for
the proposed approval of amendments
submitted by the State of Alaska to its
Coastal Management Program. The State
has adopted statutory changes to Coastal
Management Administration (AS 46.39)
and The Alaska Coastal Management
Program (AS 46.40), and regulatory
changes to Alaska Coastal Management
Implementation (11 AAC 110),
Statewide Standards of the Alaska
Coastal Management Program (11 AAC
112), and District Coastal Management
Plan Requirements (11 AAC 114). The
Program Change submission, statutory
changes, and regulatory changes are
available for public review on the
Alaska Coastal Management Program’s
Web site at https://
www.alaskacoast.state.ak.us/OCRM/06–
02–05.htm.
Small Takes of Marine Mammals
Incidental to Specified Activities;
Coastal Commercial Fireworks
Displays at Monterey Bay National
Marine Sanctuary, CA
Written comments on suggested
alternatives and potential impacts of the
proposed approval of the amendments
submitted by the State of Alaska to its
Coastal Management Program will be
accepted on or before August 5, 2005.
DATES:
Environmental Statements; Notice of
Intent: Alaska Coastal Management
Program; Scoping Meetings;
Correction
VerDate jul<14>2003
announcing dates of the public scoping
meetings pursuant to the National
Environmental Policy Act (NEPA). The
document contained incorrect citations
of Alaska State regulations, and the
years when the regulatory and
legislative changes were made, and
misstated the type of information NOAA
is seeking from the public in the first
sentence of DATES, and did not provide
information regarding where the public
could find a copy of the Alaska program
change.
39235
In 2003
and 2005, the State of Alaska adopted
legislation that made substantial
revisions to its federally-approved
Coastal Management Program. In
addition, regulatory changes
implementing those legislative revisions
were made in 2004 and 2005.
SUPPLEMENTARY INFORMATION:
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of an
incidental harassment authorization.
AGENCY:
SUMMARY: In accordance with the
provisions of the Marine Mammal
Protection Act (MMPA) as amended,
notification is hereby given that NMFS
has issued an Incidental Harassment
Authorization (IHA) to Monterey Bay
National Marine Sanctuary (MBNMS) to
take marine mammals by Level B
harassment incidental to permitting
professional fireworks displays within
the Sanctuary in California waters.
DATES: Effective from July 4, 2005,
through July 3, 2006.
ADDRESSES: A copy of the IHA and the
application are available by writing to
Steve Leathery, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. A copy of the
application containing a list of
references used in this document may
be obtained by writing to this address,
by telephoning the contact listed here
(see FOR FURTHER INFORMATION CONTACT)
or online at: https://www.nmfs.noaa.gov/
protlres/PR2/SmalllTake/
smalltakelinfo.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
Jolie
Harrison, Office of Protected Resources,
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
NMFS, (301) 713–2289, ext 166, or
Monica DeAngelis, NMFS, Southwest
Regional Office, (562) 980–3232..
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
may be granted if NMFS finds that the
taking will have no more than a
negligible impact on the species or
stock(s), will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses,
and that the permissible methods of
taking and requirements pertaining to
the monitoring and reporting of such
taking are set forth.
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.
Subsection 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. Except
for certain categories of 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’’].
Section 101(a)(5)(D) 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 authorization for the
incidental harassment of small numbers
of marine mammals. Within 45 days of
the close of the comment period, NMFS
must either issue or deny issuance of
the authorization.
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Summary of Request
On May 10, 2002, NMFS received an
application from the MBNMS requesting
a one-year IHA under section
101(a)(5)(D) and regulations governing
authorizations for a five-year period
under section 101(a)(5)(A) of the MMPA
for the possible harassment of Pacific
harbor seals (Phoca vitulina) and
California sea lions (Zalophus
californianus) incidental to coastal
fireworks displays resulting from
permits issued to commercial
companies, by MBNMS, to hold
firework events.
Comments and Responses
A notice of receipt of the MBNMS
application and proposed IHA was
published in the Federal Register on
May 27, 2003 (68 FR 28810). During the
comment period, NMFS received
comments only from the Marine
Mammal Commission (Commission).
Comment 1: The Commission concurs
with NMFS’ preliminary determinations
concerning the impacts of the proposed
activities on California sea lions and
Pacific harbor seals.
Response: NMFS appreciates the
Commission’s comment and is requiring
implementation of all mitigation and
monitoring activities that have been
described in MBNMS’ application.
Comment 2: The Commission states
that the May, 2003 Federal Register
notice did not clearly indicate whether
a separate harassment authorization
would be needed from the U.S. Fish and
Wildlife Service (USFWS) for take of
southern sea otters or if authorization
for take of that species would be
included in this IHA or subsequently
proposed regulations.
Response: The USFWS has
determined that the MBNMS fireworks
displays will not result in take of the
southern sea otter and, therefore, no
incidental take statement under the
Endangered Species Act (ESA) or IHA
will be issued for the take of southern
sea otters.
Comment 3: The Commission
recommends that any IHA issued to the
applicant specify that, if a mortality or
serious injury of a marine mammal
occurs that appears to be related to the
fireworks displays, further fireworks
events be suspended while NMFS
determines whether steps can be taken
to avoid further injuries or mortalities or
until such taking can be authorized by
regulations promulgated under Section
101(a)(5)(A) of the MMPA.
Response: Section 101(a)(5)(D)(iv)
states that ‘‘The Secretary shall modify,
suspend, or revoke an authorization if
the Secretary finds that the provisions of
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clauses (i) or (ii) are not being met.’’
Clause (i) states that ‘‘the Secretary shall
authorize...taking by harassment of
small numbers of marine mammals’’.
The taking of marine mammals by
mortality is, therefore, not authorized
under an IHA. Clause (ii) states that
‘‘The authorization for such activity
shall prescribe, where applicable-(I)
permissible methods of taking by
harassment pursuant to such activity.’’
The permissible methods of taking
described in this IHA include only
Level B harassment, not serious injury.
Were serious injury or death to result
from MBNMS’ fireworks displays, their
IHA would be modified, suspended, or
revoked. Take of marine mammals as a
result of MBNMS’ fireworks displays
would then not be covered under the
MMPA unless the current IHA were
modified to avoid injury or mortality, a
take authorization were issued under
section 101(a)(5)(A), or MBNMS
reapplied for, and were issued, a new
IHA with measures included to prevent
further serious injury or mortality.
Comment 4: The Commission
recommends that prior to issuing the
requested IHA, NMFS be satisfied that
MBNMS’ monitoring program is
sufficient to detect the effects of the
proposed activities, including any
mortality or serious injury that results
from startle responses, stampedes, or
unexploded fireworks devices.
Response: In addition to the
comprehensive monitoring at the
Monterey breakwater proposed in the
application, NMFS has included in the
IHA a post-event monitoring
requirement at all permitted displays to
ensure that fireworks-related injuries or
mortalities are detected.
Background
The MBNMS adjoins 276 mi (444 km)
or 25 percent of the central California
coastline, and encompasses ocean
waters from mean high tide to an
average of 25 mi (40 km) offshore
between Rocky Point in Marin County
and Cambria in San Luis Obispo
County. Fireworks displays have been
conducted over current MBNMS waters
for many years as part of national and
community celebrations (such as
Independence Day and municipal
anniversaries), and to foster public use
and enjoyment of the marine
environment. The marine venue for this
activity is the preferred setting for
fireworks in central California in order
to optimize public access and avoid the
fire hazard associated with terrestrial
display sites. Many fireworks displays
occur at the height of the dry season in
central California, when area vegetation
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is particularly prone to ignition from
sparks or embers.
In 1992, the MBNMS was the first
national marine sanctuary (NMS) to be
designated along urban shorelines and
has addressed many regulatory issues
previously not encountered by the NMS
program. Authorization of professional
firework displays has been an issue that
has required a steady refinement of
policies and procedures toward this
activity as more has been learned about
its impacts to the environment.
Specified Activities
Since 1993, the MBNMS, a
component of NOAA, has processed
requests for the professional display of
commercial-grade fireworks in the
atmosphere and at ground or sea level,
and these displays have impacts on
Sanctuary resources. Sponsors of
fireworks displays conducted in the
MBNMS are required to obtain
authorization from the MBNMS due to
discharge of spent pyrotechnic materials
into NMS waters and potential
disturbance to marine species (see 15
CFR 922.132).
Professional pyrotechnic devices used
in firework displays can be grouped into
three general categories: aerial shells,
low-level devices, and set piece
displays. Aerial shells are launched
from mortars using black powder
charges to altitudes of 200 to 1000 ft (61
to 305 m) where they explode and ignite
internal burst charges and incendiary
chemicals. The largest commercial
aerial shells used within MBNMS reach
a maximum altitude of 1000 ft (305 m)
above ground level with a bursting
radius of approximately 850 ft (260 m).
Most of the incendiary elements and
part of the shell casing burn up in the
atmosphere; however, portions of the
casings and some internal structural
components and chemical residue fall
back to the ground or water, depending
on wind conditions. The bulk of debris
will fall to the surface within a 0.5
statute mile (0.8 km) radius of the
launch site. A unique type of aerial shell
is known as a ‘‘salute’’ shell, the
purpose of which is to produce a loud
percussive audible effect which sounds
similar to cannonfire when detonated.
Low-level devices are similar to overthe-counter fireworks, which produce a
fountain effect of light as burning
particles shoot up out of a tube,
producing a ball or trail of sparkling
light. These fireworks are designed to
produce effects between 0 and 200 ft (0
to 61 m) above ground level, and some
may emit pulsing light patterns and/or
sound effects. Some low-level devices
may project small casings into the air,
which will generally fall to the earth
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within a 600–ft (183–m) radius of the
launch site. Set piece fireworks are
mostly static in nature and remain close
to the ground and are usually used in
concert with low-level effects or aerial
shells, typically employing bright flares,
sparkling effects, and limited sound
effects. These displays are designed to
produce effects between 0 and 50 ft (0
to 15 m) above ground level. Depending
on local conditions, fallout is generally
confined within a 300–ft (91–m) radius
of the launch site.
The MBNMS has issued 64 permits
for professional fireworks displays since
1993. Four fireworks display
applications have been directed to areas
outside the Sanctuary, and 4
applications are currently (as of June,
2005) being processed, with the
outcome not yet determined. However,
MBNMS projects that as many as 20
coastal displays per year may be
conducted in, or adjacent to, MBNMS
boundaries in the future. The number of
displays will be limited to not more
than 20 events per year in four specific
areas along 276 mi (444 km) of
coastline. Fireworks displays will not
exceed 30 minutes (with the exception
of up to two displays per year, not to
exceed 1 hour) in duration and will
occur with an average frequency of less
than or equal to once every two months
within each of the four prescribed
display areas. The vast majority (95
percent) of fireworks displays
authorized in the MBNMS between
1993 and 2003 have been aerial displays
that usually include simultaneous lowlevel displays. An average large display
will last 20 minutes and include 700
aerial shells and 750 low-level effects.
An average smaller display lasts
approximately 7 minutes and includes
300 aerial shells and 550 low-level
effects.
Initially, the MBNMS believed that it
could minimize potential light, sound,
and debris impacts to the NMS and
marine mammals through permit
conditions to limit the location, timing,
and composition of professional
fireworks events affecting the MBNMS.
However, due to observations over the
past several years and through
consultation with NMFS’ Southwest
Region, it appears that some fireworks
displays result in incidental take of
marine mammals by Level B
harassment. NMFS believes that the
nature of the incidental harassment will
be the short-term flushing and
evacuation of non-breeding haulout
sites by California sea lions and Pacific
harbor seals.
A more detailed description of the
fireworks displays permitted by
MBNMS may be found in the
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application or in NMFS’ 2005
Environmental Assessment of the
Issuance of an Incidental Harassment
Authorization for Coastal Commercial
Fireworks Displays Authorized Within
the Monterey Bay National Marine
Sanctuary, which are available upon
request (see ADDRESSES).
Description of Habitat and Marine
Mammals Affected by the Activity
The Monterey Bay area is located in
the Oregonian province subdivision of
the Eastern Pacific Boreal Region. The
six types of habitats found in the bay
area are: (1) submarine canyon habitat,
(2) nearshore sublittoral habitat, (3)
rocky intertidal habitat, (4) sandy beach
intertidal habitat, (5) kelp forest habitat,
and (6) estuarine/slough habitat.
Monterey Bay supports a wide array of
temperate cold-water species with
occasional influxes of warm-water
species, and this species diversity is
directly related to the diversity of
habitats. A description of MBNMS and
its associated marine mammals can be
found in the MBNMS application and
Fireworks Assessment Report (2001),
which are available upon request (see
ADDRESSES).
The species of marine mammals that
may be present in a fireworks display
acute impact area (the area where
sound, light, and debris effects have
direct impacts on marine organisms and
habitats) include the California sea lion,
Pacific harbor seal, Southern sea otter
(Enhydra lutris neries) bottlenose
dolphin (Tursiops truncatus), harbor
porpoise (Phocoena phocoena),
California gray whale (Eschrichtius
robustus), and rarely, the northern
elephant seal (Mirounga angustirostris).
Though the abovementioned
cetaceans are known to frequent
nearshore areas within the Sanctuary,
they have never been reported in the
vicinity of a fireworks display, nor have
there been any reports to the MBNMS of
strandings or injured/dead animals
discovered after any display. Since
sound does not transmit well between
air and water, these animals would
likely not encounter the effects of
fireworks except when surfacing for air.
Past Sanctuary observations have not
detected any disturbance to California
sea otters as a result of the fireworks
displays; however, past observations
have not included specific surveys for
this species. Sea otters do frequent all
general display areas. Sea otters and
other species may temporarily depart
the area prior to the beginning of the
fireworks display due to increased
human activities. Some sea otters in
Monterey harbor have become quite
acclimated to very intense human
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activity, often continuing to feed
undisturbed as boats pass
simultaneously on either side and
within 20 feet of the otters. It is
therefore possible that select individual
otters may have a higher tolerance level
than others to fireworks displays. Otters
in residence within the Monterey harbor
display a greater tolerance for intensive
human activity than their counterparts
in more remote locations. The MBNMS
consulted with the USFWS pursuant to
Section 7 of the Endangered Species Act
(ESA) regarding effects on southern sea
otters. The USFWS concluded in a
biological opinion that take of sea otters
is not likely.
The northern elephant seal is seen so
infrequently in the areas with fireworks
displays that they are not likely to be
impacted by fireworks displays.
Therefore, the only species likely to be
harassed by the fireworks displays are
the California sea lion and the Pacific
harbor seal.
California Sea Lions
The population of California sea lions
ranges from southern Mexico to
southwestern Canada (Caretta et al.,
2004). In the United States, they breed
during July after pupping in late May to
June, primarily in the Channel Islands
of California. Most individuals of this
species breed on the Channel Islands off
southern California (100 mi (161 km)
south of the MBNMS) and off Baja and
mainland Mexico (Odell, 1981),
although a few pups have been born on
Ano Nuevo Island (Keith et al., 1984).
Following the breeding season on the
Channel Islands, most adult and subadult males migrate northward to
central and northern California and to
the Pacific Northwest, while most
females and young animals either
remain on or near the breeding grounds
throughout the year or move southward
or northward, as far as Monterey Bay.
Since nearing extinction in the early
1900’s, the California sea lion
population has increased and is now
robust and growing at a current rate of
5.4 to 6.1 percent per year (based on
pup counts) with an estimated
‘‘minimum’’ population (U.S. west
coast) of 138,881 animals. The actual
population level may be as high as
237,000 to 244,000 animals. The
population is not listed as ‘‘endangered’’
or ‘‘threatened’’ under the ESA, nor is
this species a ‘‘depleted’’ or a ‘‘strategic
stock’’ under the MMPA.
In any season, California sea lions are
the most abundant pinniped in the area
(Bonnell et al., 1983), primarily using
the central California area to feed during
the non-breeding season. After breeding
farther south along the coast and
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migrating northward, populations peak
in the Monterey Bay area in fall and
winter and are at their lowest numbers
in spring and early summer. A
minimum of 12,000 California sea lions
are probably present at any given time
in the MBNMS region. Ano Nuevo
Island is the largest single haul-out site
in the Sanctuary, hosting as many as
9,000 California sea lions at times
(Weise, 2000; Lowry, 2001).
Pacific Harbor Seals
Harbor seals are distributed
throughout the west coast of the United
States, inhabiting near-shore coastal and
estuarine areas from Baja California,
Mexico, to the Pribilof Islands in
Alaska. They generally do not migrate,
but have been known to travel extensive
distances to find food or suitable
breeding areas (Caretta et al., 2004). In
California, approximately 400–500
harbor seal haulout sites are widely
distributed along the mainland and on
offshore islands (Caretta et al., 2004).
The harbor seal population in
California is healthy and growing at a
current rate of 3.5 percent per year with
an estimated ‘‘minimum’’ population
(California) of 25,720 animals (Caretta et
al., 2004). The California population is
estimated at 27,863 animals. The
population is not listed as ‘‘endangered’’
or ‘‘threatened’’ under the ESA; nor is
this species a ‘‘depleted’’ or a ‘‘strategic
stock’’ under the MMPA.
Harbor seals are residents in the
MBNMS throughout the year, occurring
mainly near the coast. They haul out at
dozens of sites along the coast from
Point Sur to Ano Nuevo. Within
MBNMS, tagged harbor seals have been
documented to move substantial
distances (10–20 km (3.9–7.8 mi)) to
foraging areas each night (Oxman, 1995;
Trumble, 1995). The species does breed
in the Sanctuary, and pupping within
the Sanctuary occurs primarily during
March and April followed by a molt
during May and June. Peak abundance
on land within the Sanctuary is reached
in late spring and early summer when
they haul out to breed, give birth to
pups, and molt (MBNMS FEIS, 1992).
Potential Effects of Activities on Marine
Mammals
Marine mammals can be impacted by
fireworks displays in three ways: light,
sound, and debris. Pyrotechnic devices
that operate at higher altitudes are more
likely to have a larger impact area (such
as aerial shells), while ground and lowlevel devices have more confined
effects. Possible direct impacts to
marine mammals include, but are not
limited to, immediate physical and
physiological impacts such as abrupt
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changes in behavior, flight response,
diving, evading, flushing, cessation of
feeding, and, less likely, physical
impairment or mortality.
MBNMS staff have recovered
uncharred casing remnants on ocean
waters immediately after marine
displays, including cardboard cylinders,
disks, paper, plastic pieces, aluminum
foil, cotton string, and even whole
unexploded shells (duds or misfires).
The debris and chemical residue fallout
area is determined by wind conditions,
weather, and other local variations.
MBNMS does not expect this debris to
impact marine mammals, because
permit conditions and mitigation
measures proposed by the Sanctuary
will ensure that the debris resulting
from fireworks displays will not alter
ocean areas or haul-out sites used by
California sea lions and harbor seals.
The applicant requests an
authorization for incidental takes by
Level B harassment of California sea
lions and Pacific harbor seals, which are
the only two marine mammal species
under NMFS’ jurisdiction likely to be
impacted by fireworks displays within
the Sanctuary. The remaining species of
marine mammals, though they may be
present in the acute impact area, are not
likely to be taken by harassment or any
other type of take.
Past monitoring efforts by the
MBNMS staff have identified only a
short-term behavioral disturbance of
animals by fireworks displays, with the
primary causes of disturbance being
sound effects and light flashes from
exploding fireworks. Typical decibel
levels for displays containing no
‘‘salute’’ effects range from 70 to 78 dB.
Studies conducted at Vandenberg Air
Force Base (VAFB) to determine
responses by California pinnipeds to the
effects of periodic rocket launches
(which have light and sound effects
similar to that of pyrotechnic displays
but with much greater intensity) have
demonstrated the temporary flushing of
animals from haul out sites, their
eventual return, and no detectable
changes in the seals’ hearing sensitivity
as a result. Incidental takes of marine
mammals by Level B harassment of
California sea lions and harbor seals
will consist of temporary evacuation of
usual and accustomed haul-out sites.
Sea lions have been observed evacuating
haul-out areas upon initial detonation of
fireworks and returning to the haul-out
sites within 4 to 15 hours following the
end of the fireworks display. Harbor
seals have been seen to remain in the
water after initial fireworks detonation
around the haul-out site. Sea lions in
general are more tolerant of noise and
visual disturbances than harbor seals.
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Adult sea lions have most likely
habituated to many sources of
disturbance and are, therefore, tolerant
of nearby human activities. For both
pinniped species, pups and juveniles
are more likely to be harassed when
exposed to disturbance than older
animals. Please refer to MBNMS
Fireworks Assessment Report (2001)
and Fireworks Guidelines (2002) for
information on quantitative survey
results, related research studies, and
observations made by MBNMS staff as
well as details on how exploding
fireworks impact marine mammals and
how animals respond (see ADDRESSES).
Because of mitigation measures
proposed, the MBNMS expects that only
Level B harassment may occur
incidental to authorized coastal
fireworks displays and that these events
will result in no more than a negligible
impact on marine mammal species or
their habitats. NMFS anticipates no
impact on the availability of the species
or stocks for subsistence uses because
there is no subsistence harvest of marine
mammals in California.
Mitigation
The MBNMS has worked with the
USFWS and NMFS Southwest Region to
craft a set of permitting guidelines
designed to minimize fireworks impacts
in order to protect MBNMS resources, as
well as outline the locations, frequency,
and conditions under which the
MBNMS will authorize marine
fireworks displays. The MBNMS plans
to retain these permitting requirements
and assess displays on a case-by-case
basis, implementing general and special
restrictions unique to each fireworks
event as necessary.
The fireworks guidelines are designed
to prevent an incremental proliferation
of fireworks displays and disturbance
throughout the MBNMS and minimize
area of impact by confining displays to
primary traditional use areas.
Traditional display areas are located
adjacent to urban centers where wildlife
has often acclimated to human
disturbances, such as low-flying aircraft,
emergency vehicles, unleashed pets,
beach combing, recreational and
commercial fishing, surfing, swimming,
boating, and personal watercraft
operations. Future permitted fireworks
displays will be confined to four
prescribed areas within the MBNMS
and prohibited from the remaining 95%
of coastal areas. The conditional display
areas are located at Half Moon Bay, the
Santa Cruz/Soquel area, the
northeastern Monterey Peninsula, and
Cambria (Santa Rosa Creek). An equal
number of private and public displays
will be considered for authorization
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within each display area. Remote areas
and locations where professional
fireworks have not traditionally been
conducted will not be considered for
fireworks approval. Fireworks displays
will not exceed 30 minutes in duration,
with the exception of two longer
displays per year not to exceed 1 hour
in length, and will occur with an
average frequency of less than or equal
to one display every two months within
each of four prescribed display areas.
Please refer to the MBNMS Fireworks
Assessment Report (2001) and
Fireworks Guidelines (2002) for general
information on frequency and duration
of typical fireworks displays within the
Sanctuary, strategies for minimizing
impacts, as well as maps and detailed
descriptions of prohibited and
conditional display areas (see
ADDRESSES).
In addition, there is an annual limit
of 20 displays along the entire
Sanctuary coastline to prevent
cumulative adverse environmental
effects from fireworks. The MBNMS
intends to institute a 5–year permit
system for displays that will occur
annually at a fixed location and in a
consistent manner, such as municipal
Independence Day shows. Also,
MBNMS has established a seasonal
prohibition to safeguard pinniped
reproductive periods. Fireworks events
will not be authorized between March 1
and June 30 of each year, since this
period is the primary reproductive
season for many marine mammal
species. After considering the factors
within each display application, other
permit conditions that may be deemed
appropriate are to limit the number of
aerial ‘‘salute’’ effects used, require the
removal of plastic labels and wrappings,
and to require post-show reporting and
cleanup.
The MBNMS guidelines effectively
remove fireworks impacts from 95
percent of the Sanctuary’s coastal areas,
place an annual quota and multiple
permit conditions on the displays
authorized within the remaining 5
percent of the coast, and impose a
seasonal prohibition on all fireworks
displays within the MBNMS. The
guidelines were developed to minimize
the impacts of fireworks activities on
protected species and habitats, and they
have been well received by local
fireworks sponsors, who have pledged
their cooperation in protecting MBNMS
resources. Please refer to the MBNMS
Fireworks Guidelines (2002) for details
on permit conditions and regulations
(see https://www.mbnms.nos.noaa.gov/
resourcepro/firework.html).
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Monitoring
Of all the past authorized fireworks
display sites within the MBNMS, the
City of Monterey site has received the
highest level of monitoring effort. The
City of Monterey has hosted a marine
fireworks display each July 4th since
1988, which is the longest running and
largest annual commercial fireworks
display within the MBNMS. Because the
Monterey Breakwater and natural rock
formations near the display area serve as
regular haul-out sites for California sea
lions and harbor seals, the Monterey site
has been studied and censused by
government and academic researchers
for over 20 years. Consequently, the
Monterey site has the best background
data available for assessing status and
trends of key marine mammal
populations relative to annual fireworks
displays. For this reason, the MBNMS
proposes that Monterey be monitored as
an indicator site to further determine
how local California sea lion and harbor
seal distribution and abundance are
affected by an annual fireworks display.
The MBNMS has monitored
commercial fireworks displays for
potential impacts to marine life and
habitats since 1993. The Sanctuary will
conduct a visual census of the Monterey
Breakwater and rocks within Monterey
Harbor on July 4 and July 5 each year
to determine annual abundance,
demographic response patterns, and
departure and return rates for California
sea lions and harbor seals relative to the
July 4 fireworks display. Data will be
collected by observers aboard kayaks or
small boats and from ground stations
(where appropriate), using binoculars,
counters, and data sheets to census
animals. The pre- and post- fireworks
census data will be analyzed to identify
any significant temporal changes in
abundance and distribution that might
be attributed to impacts from the annual
fireworks display. The data will also be
added to past research statistics on the
abundance and distribution of stocks at
Monterey Harbor.
Last, in addition to the
comprehensive behavioral monitoring to
be conducted at the Monterey Bay
Breakwater, MBNMS will require of its
applicants post-event monitoring in the
acute action area after all permitted
fireworks locations to ensure that
injured or dead marine mammals are
detected.
Reporting
A draft final report must be submitted
to NMFS within 60 days after the
conclusion of the annual fireworks
permit season. A final report must be
submitted to the Regional Administrator
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
within 30 days after receiving comments
from NMFS on the draft final report. If
no comments are received from NMFS,
the draft final report will be considered
to be the final report.
Numbers of Marine Mammals Expected
to be Harassed
The number of animals taken by Level
B harassment during fireworks displays
is expected to vary due to factors such
as tidal stage, seasonal shifting prey
stocks, climatic phenomenon (such as el
Nino events), and the number, timing,
and location of future displays. At all
four designated display sites combined,
twenty fireworks events per year could
harass an average annual total of 2,630
California sea lions (6,170 maximum)
and an average annual total of 302
harbor seals (1,065 maximum) within
the MBNMS. These numbers are small
relative to the population sizes of these
species. Please refer to the MBNMS
Fireworks Assessment Report (2001) for
further information regarding estimated
incidental take numbers by display area
and fireworks events (see ADDRESSES).
Possible Effects of Activities on Marine
Mammal Habitat
NMFS anticipates no loss or
modification to the habitat used by
California sea lions or Pacific harbor
seals that haul out in the MBNMS. The
pinniped haul-out sites in MBNMS
where fireworks displays will occur are
not used as breeding, molting, or mating
sites during the fireworks displays;
therefore, it is not expected that the
covered activities will have any impact
on the ability of California sea lions or
Pacific harbor seals in the area to
reproduce. Additionally, MBNMS
fireworks permit conditions include
requirements for applicants to clean up
debris subsequent to all displays.
Possible Effects of Activities on
Subsistence Needs
There are no subsistence uses for
Pacific harbor seals in California waters,
and thus, there are no anticipated effects
on subsistence needs.
Endangered Species Act
The MBNMS consulted with the
USFWS pursuant to Section 7 of the
ESA regarding impacts to southern sea
otters. The USFWS issued a biological
opinion on June 22, 2005, which
concluded that the authorization of
fireworks displays, as proposed, is not
likely to jeopardize the continued
existence of southern sea otters or to
destroy or adversely modify any listed
critical habitat. The USFWS further
found that MBNMS would be unlikely
to take any southern sea otters, and
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therefore issued neither an incidental
take statement nor an IHA.
National Environmental Policy Act
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
NOAA prepared a Final
Environmental Impact Statement and
Master Plan for the MBNMS in June
1992. Subsequent to MBNMS’
application for an IHA, NMFS prepared
an Environmental Assessment on the
Issuance of an Incidental Harassment
Authorization for Coastal Commercial
Fireworks Displays Authorized Within
the Monterey Bay National Marine
Sanctuary. A Finding of No Significant
Impact was issued on June 30, 2005.
[I.D. 062105C]
Conclusions
SUMMARY: Notice is hereby given that
NMFS has received applications to grant
permits to (Permit 1534), Rowdy Creek
Fish Hatchery, Smith River, CA (Permit
1539), Siskiyou Resource Conservation
District (RCD), Etna, CA. These permits
would affect Southern Oregon/Northern
California Coast (SONCC) coho salmon
(Oncorhynchus kisutch). This document
serves to notify the public of the
availability of the permit application for
review and comment before a final
approval or disapproval is made by
NMFS.
DATES: Written comments on the permit
application must be received at the
appropriate address or fax number (see
ADDRESSES) no later than 5 p.m.
Daylight Savings Time on August 8,
2005.
ADDRESSES: Written comments on any of
these renewal and modification request
should be sent to the appropriate office
as indicated here. Comments may also
be sent via fax to the number indicated
for the request. Comments will not be
accepted if submitted via e-mail or the
Internet. The applications and related
documents are available for review in
the indicated office, by appointment:
For Permits 1534 and 1539: Steve
Liebhardt, Protected Species Division,
NOAA Fisheries, 1655 Heindon Road,
Arcata, CA 95521 (ph: 707–825–5186,
fax: (707–825–4840).
FOR FURTHER INFORMATION CONTACT:
Steve Liebhardt at phone number (707–
825–5186), or e-mail:
steve.liebhardt@noaa.gov
SUPPLEMENTARY INFORMATION:
NMFS has determined that the shortterm impact of fireworks displays, as
described in this document and in the
application for an IHA, would result in
no more than Level B harassment of
small numbers of California sea lions
and harbor seals. The effects of coastal
fireworks displays will be limited to
short term and localized changes in
behavior involving small numbers of
pinnipeds. Although sea lions and seals
may modify their behavior, including
temporarily vacating haulouts to avoid
the sight and sound of commercial
fireworks, these fireworks are expected
to have no more than a negligible
impact on these stocks. No take by
injury and/or death is anticipated, and
harassment takes will be at the lowest
level practicable due to incorporation of
the mitigation measures mentioned
previously in this document.
Additionally, the MBNMS fireworks
displays will not have an unmitigable
adverse impact on the availability of
marine mammal stocks for subsistence
use, as there are no subsistence uses for
California sea lions or Pacific harbor
seals in California waters.
Authorization
NMFS has issued a 1–year IHA to the
MBNMS for the take of California sea
lions and Pacific harbor seals, by
harassment, incidental to coastal
fireworks displays permitted within the
MBNMS, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: June 30, 2005.
Michael Payne,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 05–13389 Filed 7–6–05; 8:45 am]
BILLING CODE 3510–22–S
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Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Receipt of applications for two
scientific research/enhancement permits
(1534 and 1539) and request for
comment.
AGENCY:
Authority
Issuance of permits, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531–1543) (ESA), is based on a
finding that such permits/modifications:
(1) are applied for in good faith; (2)
would not operate to the disadvantage
of the listed species which are the
subject of the permits; and (3) are
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]]>Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Notices]
[Pages 39235-39240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13389]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040703H]
Small Takes of Marine Mammals Incidental to Specified Activities;
Coastal Commercial Fireworks Displays at Monterey Bay National Marine
Sanctuary, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the provisions of the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an Incidental Harassment Authorization (IHA) to
Monterey Bay National Marine Sanctuary (MBNMS) to take marine mammals
by Level B harassment incidental to permitting professional fireworks
displays within the Sanctuary in California waters.
DATES: Effective from July 4, 2005, through July 3, 2006.
ADDRESSES: A copy of the IHA and the application are available by
writing to Steve Leathery, Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
telephoning the contact listed here. A copy of the application
containing a list of references used in this document may be obtained
by writing to this address, by telephoning the contact listed here (see
FOR FURTHER INFORMATION CONTACT) or online at: https://
www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_
info.htm#applications. Documents cited in this notice may be viewed, by
appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources,
[[Page 39236]]
NMFS, (301) 713-2289, ext 166, or Monica DeAngelis, NMFS, Southwest
Regional Office, (562) 980-3232..
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have no more than a negligible impact on the
species or stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses, and that
the permissible methods of taking and requirements pertaining to the
monitoring and reporting of such taking are set forth.
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.
Subsection 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. Except for certain categories of 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''].
Section 101(a)(5)(D) 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 authorization for the incidental harassment of
small numbers of marine mammals. Within 45 days of the close of the
comment period, NMFS must either issue or deny issuance of the
authorization.
Summary of Request
On May 10, 2002, NMFS received an application from the MBNMS
requesting a one-year IHA under section 101(a)(5)(D) and regulations
governing authorizations for a five-year period under section
101(a)(5)(A) of the MMPA for the possible harassment of Pacific harbor
seals (Phoca vitulina) and California sea lions (Zalophus
californianus) incidental to coastal fireworks displays resulting from
permits issued to commercial companies, by MBNMS, to hold firework
events.
Comments and Responses
A notice of receipt of the MBNMS application and proposed IHA was
published in the Federal Register on May 27, 2003 (68 FR 28810). During
the comment period, NMFS received comments only from the Marine Mammal
Commission (Commission).
Comment 1: The Commission concurs with NMFS' preliminary
determinations concerning the impacts of the proposed activities on
California sea lions and Pacific harbor seals.
Response: NMFS appreciates the Commission's comment and is
requiring implementation of all mitigation and monitoring activities
that have been described in MBNMS' application.
Comment 2: The Commission states that the May, 2003 Federal
Register notice did not clearly indicate whether a separate harassment
authorization would be needed from the U.S. Fish and Wildlife Service
(USFWS) for take of southern sea otters or if authorization for take of
that species would be included in this IHA or subsequently proposed
regulations.
Response: The USFWS has determined that the MBNMS fireworks
displays will not result in take of the southern sea otter and,
therefore, no incidental take statement under the Endangered Species
Act (ESA) or IHA will be issued for the take of southern sea otters.
Comment 3: The Commission recommends that any IHA issued to the
applicant specify that, if a mortality or serious injury of a marine
mammal occurs that appears to be related to the fireworks displays,
further fireworks events be suspended while NMFS determines whether
steps can be taken to avoid further injuries or mortalities or until
such taking can be authorized by regulations promulgated under Section
101(a)(5)(A) of the MMPA.
Response: Section 101(a)(5)(D)(iv) states that ``The Secretary
shall modify, suspend, or revoke an authorization if the Secretary
finds that the provisions of clauses (i) or (ii) are not being met.''
Clause (i) states that ``the Secretary shall authorize...taking by
harassment of small numbers of marine mammals''. The taking of marine
mammals by mortality is, therefore, not authorized under an IHA. Clause
(ii) states that ``The authorization for such activity shall prescribe,
where applicable-(I) permissible methods of taking by harassment
pursuant to such activity.'' The permissible methods of taking
described in this IHA include only Level B harassment, not serious
injury. Were serious injury or death to result from MBNMS' fireworks
displays, their IHA would be modified, suspended, or revoked. Take of
marine mammals as a result of MBNMS' fireworks displays would then not
be covered under the MMPA unless the current IHA were modified to avoid
injury or mortality, a take authorization were issued under section
101(a)(5)(A), or MBNMS reapplied for, and were issued, a new IHA with
measures included to prevent further serious injury or mortality.
Comment 4: The Commission recommends that prior to issuing the
requested IHA, NMFS be satisfied that MBNMS' monitoring program is
sufficient to detect the effects of the proposed activities, including
any mortality or serious injury that results from startle responses,
stampedes, or unexploded fireworks devices.
Response: In addition to the comprehensive monitoring at the
Monterey breakwater proposed in the application, NMFS has included in
the IHA a post-event monitoring requirement at all permitted displays
to ensure that fireworks-related injuries or mortalities are detected.
Background
The MBNMS adjoins 276 mi (444 km) or 25 percent of the central
California coastline, and encompasses ocean waters from mean high tide
to an average of 25 mi (40 km) offshore between Rocky Point in Marin
County and Cambria in San Luis Obispo County. Fireworks displays have
been conducted over current MBNMS waters for many years as part of
national and community celebrations (such as Independence Day and
municipal anniversaries), and to foster public use and enjoyment of the
marine environment. The marine venue for this activity is the preferred
setting for fireworks in central California in order to optimize public
access and avoid the fire hazard associated with terrestrial display
sites. Many fireworks displays occur at the height of the dry season in
central California, when area vegetation
[[Page 39237]]
is particularly prone to ignition from sparks or embers.
In 1992, the MBNMS was the first national marine sanctuary (NMS) to
be designated along urban shorelines and has addressed many regulatory
issues previously not encountered by the NMS program. Authorization of
professional firework displays has been an issue that has required a
steady refinement of policies and procedures toward this activity as
more has been learned about its impacts to the environment.
Specified Activities
Since 1993, the MBNMS, a component of NOAA, has processed requests
for the professional display of commercial-grade fireworks in the
atmosphere and at ground or sea level, and these displays have impacts
on Sanctuary resources. Sponsors of fireworks displays conducted in the
MBNMS are required to obtain authorization from the MBNMS due to
discharge of spent pyrotechnic materials into NMS waters and potential
disturbance to marine species (see 15 CFR 922.132).
Professional pyrotechnic devices used in firework displays can be
grouped into three general categories: aerial shells, low-level
devices, and set piece displays. Aerial shells are launched from
mortars using black powder charges to altitudes of 200 to 1000 ft (61
to 305 m) where they explode and ignite internal burst charges and
incendiary chemicals. The largest commercial aerial shells used within
MBNMS reach a maximum altitude of 1000 ft (305 m) above ground level
with a bursting radius of approximately 850 ft (260 m). Most of the
incendiary elements and part of the shell casing burn up in the
atmosphere; however, portions of the casings and some internal
structural components and chemical residue fall back to the ground or
water, depending on wind conditions. The bulk of debris will fall to
the surface within a 0.5 statute mile (0.8 km) radius of the launch
site. A unique type of aerial shell is known as a ``salute'' shell, the
purpose of which is to produce a loud percussive audible effect which
sounds similar to cannonfire when detonated. Low-level devices are
similar to over-the-counter fireworks, which produce a fountain effect
of light as burning particles shoot up out of a tube, producing a ball
or trail of sparkling light. These fireworks are designed to produce
effects between 0 and 200 ft (0 to 61 m) above ground level, and some
may emit pulsing light patterns and/or sound effects. Some low-level
devices may project small casings into the air, which will generally
fall to the earth within a 600-ft (183-m) radius of the launch site.
Set piece fireworks are mostly static in nature and remain close to the
ground and are usually used in concert with low-level effects or aerial
shells, typically employing bright flares, sparkling effects, and
limited sound effects. These displays are designed to produce effects
between 0 and 50 ft (0 to 15 m) above ground level. Depending on local
conditions, fallout is generally confined within a 300-ft (91-m) radius
of the launch site.
The MBNMS has issued 64 permits for professional fireworks displays
since 1993. Four fireworks display applications have been directed to
areas outside the Sanctuary, and 4 applications are currently (as of
June, 2005) being processed, with the outcome not yet determined.
However, MBNMS projects that as many as 20 coastal displays per year
may be conducted in, or adjacent to, MBNMS boundaries in the future.
The number of displays will be limited to not more than 20 events per
year in four specific areas along 276 mi (444 km) of coastline.
Fireworks displays will not exceed 30 minutes (with the exception of up
to two displays per year, not to exceed 1 hour) in duration and will
occur with an average frequency of less than or equal to once every two
months within each of the four prescribed display areas. The vast
majority (95 percent) of fireworks displays authorized in the MBNMS
between 1993 and 2003 have been aerial displays that usually include
simultaneous low-level displays. An average large display will last 20
minutes and include 700 aerial shells and 750 low-level effects. An
average smaller display lasts approximately 7 minutes and includes 300
aerial shells and 550 low-level effects.
Initially, the MBNMS believed that it could minimize potential
light, sound, and debris impacts to the NMS and marine mammals through
permit conditions to limit the location, timing, and composition of
professional fireworks events affecting the MBNMS. However, due to
observations over the past several years and through consultation with
NMFS' Southwest Region, it appears that some fireworks displays result
in incidental take of marine mammals by Level B harassment. NMFS
believes that the nature of the incidental harassment will be the
short-term flushing and evacuation of non-breeding haulout sites by
California sea lions and Pacific harbor seals.
A more detailed description of the fireworks displays permitted by
MBNMS may be found in the application or in NMFS' 2005 Environmental
Assessment of the Issuance of an Incidental Harassment Authorization
for Coastal Commercial Fireworks Displays Authorized Within the
Monterey Bay National Marine Sanctuary, which are available upon
request (see ADDRESSES).
Description of Habitat and Marine Mammals Affected by the Activity
The Monterey Bay area is located in the Oregonian province
subdivision of the Eastern Pacific Boreal Region. The six types of
habitats found in the bay area are: (1) submarine canyon habitat, (2)
nearshore sublittoral habitat, (3) rocky intertidal habitat, (4) sandy
beach intertidal habitat, (5) kelp forest habitat, and (6) estuarine/
slough habitat. Monterey Bay supports a wide array of temperate cold-
water species with occasional influxes of warm-water species, and this
species diversity is directly related to the diversity of habitats. A
description of MBNMS and its associated marine mammals can be found in
the MBNMS application and Fireworks Assessment Report (2001), which are
available upon request (see ADDRESSES).
The species of marine mammals that may be present in a fireworks
display acute impact area (the area where sound, light, and debris
effects have direct impacts on marine organisms and habitats) include
the California sea lion, Pacific harbor seal, Southern sea otter
(Enhydra lutris neries) bottlenose dolphin (Tursiops truncatus), harbor
porpoise (Phocoena phocoena), California gray whale (Eschrichtius
robustus), and rarely, the northern elephant seal (Mirounga
angustirostris).
Though the abovementioned cetaceans are known to frequent nearshore
areas within the Sanctuary, they have never been reported in the
vicinity of a fireworks display, nor have there been any reports to the
MBNMS of strandings or injured/dead animals discovered after any
display. Since sound does not transmit well between air and water,
these animals would likely not encounter the effects of fireworks
except when surfacing for air.
Past Sanctuary observations have not detected any disturbance to
California sea otters as a result of the fireworks displays; however,
past observations have not included specific surveys for this species.
Sea otters do frequent all general display areas. Sea otters and other
species may temporarily depart the area prior to the beginning of the
fireworks display due to increased human activities. Some sea otters in
Monterey harbor have become quite acclimated to very intense human
[[Page 39238]]
activity, often continuing to feed undisturbed as boats pass
simultaneously on either side and within 20 feet of the otters. It is
therefore possible that select individual otters may have a higher
tolerance level than others to fireworks displays. Otters in residence
within the Monterey harbor display a greater tolerance for intensive
human activity than their counterparts in more remote locations. The
MBNMS consulted with the USFWS pursuant to Section 7 of the Endangered
Species Act (ESA) regarding effects on southern sea otters. The USFWS
concluded in a biological opinion that take of sea otters is not
likely.
The northern elephant seal is seen so infrequently in the areas
with fireworks displays that they are not likely to be impacted by
fireworks displays. Therefore, the only species likely to be harassed
by the fireworks displays are the California sea lion and the Pacific
harbor seal.
California Sea Lions
The population of California sea lions ranges from southern Mexico
to southwestern Canada (Caretta et al., 2004). In the United States,
they breed during July after pupping in late May to June, primarily in
the Channel Islands of California. Most individuals of this species
breed on the Channel Islands off southern California (100 mi (161 km)
south of the MBNMS) and off Baja and mainland Mexico (Odell, 1981),
although a few pups have been born on Ano Nuevo Island (Keith et al.,
1984). Following the breeding season on the Channel Islands, most adult
and sub-adult males migrate northward to central and northern
California and to the Pacific Northwest, while most females and young
animals either remain on or near the breeding grounds throughout the
year or move southward or northward, as far as Monterey Bay.
Since nearing extinction in the early 1900's, the California sea
lion population has increased and is now robust and growing at a
current rate of 5.4 to 6.1 percent per year (based on pup counts) with
an estimated ``minimum'' population (U.S. west coast) of 138,881
animals. The actual population level may be as high as 237,000 to
244,000 animals. The population is not listed as ``endangered'' or
``threatened'' under the ESA, nor is this species a ``depleted'' or a
``strategic stock'' under the MMPA.
In any season, California sea lions are the most abundant pinniped
in the area (Bonnell et al., 1983), primarily using the central
California area to feed during the non-breeding season. After breeding
farther south along the coast and migrating northward, populations peak
in the Monterey Bay area in fall and winter and are at their lowest
numbers in spring and early summer. A minimum of 12,000 California sea
lions are probably present at any given time in the MBNMS region. Ano
Nuevo Island is the largest single haul-out site in the Sanctuary,
hosting as many as 9,000 California sea lions at times (Weise, 2000;
Lowry, 2001).
Pacific Harbor Seals
Harbor seals are distributed throughout the west coast of the
United States, inhabiting near-shore coastal and estuarine areas from
Baja California, Mexico, to the Pribilof Islands in Alaska. They
generally do not migrate, but have been known to travel extensive
distances to find food or suitable breeding areas (Caretta et al.,
2004). In California, approximately 400-500 harbor seal haulout sites
are widely distributed along the mainland and on offshore islands
(Caretta et al., 2004).
The harbor seal population in California is healthy and growing at
a current rate of 3.5 percent per year with an estimated ``minimum''
population (California) of 25,720 animals (Caretta et al., 2004). The
California population is estimated at 27,863 animals. The population is
not listed as ``endangered'' or ``threatened'' under the ESA; nor is
this species a ``depleted'' or a ``strategic stock'' under the MMPA.
Harbor seals are residents in the MBNMS throughout the year,
occurring mainly near the coast. They haul out at dozens of sites along
the coast from Point Sur to Ano Nuevo. Within MBNMS, tagged harbor
seals have been documented to move substantial distances (10-20 km
(3.9-7.8 mi)) to foraging areas each night (Oxman, 1995; Trumble,
1995). The species does breed in the Sanctuary, and pupping within the
Sanctuary occurs primarily during March and April followed by a molt
during May and June. Peak abundance on land within the Sanctuary is
reached in late spring and early summer when they haul out to breed,
give birth to pups, and molt (MBNMS FEIS, 1992).
Potential Effects of Activities on Marine Mammals
Marine mammals can be impacted by fireworks displays in three ways:
light, sound, and debris. Pyrotechnic devices that operate at higher
altitudes are more likely to have a larger impact area (such as aerial
shells), while ground and low-level devices have more confined effects.
Possible direct impacts to marine mammals include, but are not limited
to, immediate physical and physiological impacts such as abrupt changes
in behavior, flight response, diving, evading, flushing, cessation of
feeding, and, less likely, physical impairment or mortality.
MBNMS staff have recovered uncharred casing remnants on ocean
waters immediately after marine displays, including cardboard
cylinders, disks, paper, plastic pieces, aluminum foil, cotton string,
and even whole unexploded shells (duds or misfires). The debris and
chemical residue fallout area is determined by wind conditions,
weather, and other local variations. MBNMS does not expect this debris
to impact marine mammals, because permit conditions and mitigation
measures proposed by the Sanctuary will ensure that the debris
resulting from fireworks displays will not alter ocean areas or haul-
out sites used by California sea lions and harbor seals.
The applicant requests an authorization for incidental takes by
Level B harassment of California sea lions and Pacific harbor seals,
which are the only two marine mammal species under NMFS' jurisdiction
likely to be impacted by fireworks displays within the Sanctuary. The
remaining species of marine mammals, though they may be present in the
acute impact area, are not likely to be taken by harassment or any
other type of take.
Past monitoring efforts by the MBNMS staff have identified only a
short-term behavioral disturbance of animals by fireworks displays,
with the primary causes of disturbance being sound effects and light
flashes from exploding fireworks. Typical decibel levels for displays
containing no ``salute'' effects range from 70 to 78 dB. Studies
conducted at Vandenberg Air Force Base (VAFB) to determine responses by
California pinnipeds to the effects of periodic rocket launches (which
have light and sound effects similar to that of pyrotechnic displays
but with much greater intensity) have demonstrated the temporary
flushing of animals from haul out sites, their eventual return, and no
detectable changes in the seals' hearing sensitivity as a result.
Incidental takes of marine mammals by Level B harassment of California
sea lions and harbor seals will consist of temporary evacuation of
usual and accustomed haul-out sites. Sea lions have been observed
evacuating haul-out areas upon initial detonation of fireworks and
returning to the haul-out sites within 4 to 15 hours following the end
of the fireworks display. Harbor seals have been seen to remain in the
water after initial fireworks detonation around the haul-out site. Sea
lions in general are more tolerant of noise and visual disturbances
than harbor seals.
[[Page 39239]]
Adult sea lions have most likely habituated to many sources of
disturbance and are, therefore, tolerant of nearby human activities.
For both pinniped species, pups and juveniles are more likely to be
harassed when exposed to disturbance than older animals. Please refer
to MBNMS Fireworks Assessment Report (2001) and Fireworks Guidelines
(2002) for information on quantitative survey results, related research
studies, and observations made by MBNMS staff as well as details on how
exploding fireworks impact marine mammals and how animals respond (see
ADDRESSES).
Because of mitigation measures proposed, the MBNMS expects that
only Level B harassment may occur incidental to authorized coastal
fireworks displays and that these events will result in no more than a
negligible impact on marine mammal species or their habitats. NMFS
anticipates no impact on the availability of the species or stocks for
subsistence uses because there is no subsistence harvest of marine
mammals in California.
Mitigation
The MBNMS has worked with the USFWS and NMFS Southwest Region to
craft a set of permitting guidelines designed to minimize fireworks
impacts in order to protect MBNMS resources, as well as outline the
locations, frequency, and conditions under which the MBNMS will
authorize marine fireworks displays. The MBNMS plans to retain these
permitting requirements and assess displays on a case-by-case basis,
implementing general and special restrictions unique to each fireworks
event as necessary.
The fireworks guidelines are designed to prevent an incremental
proliferation of fireworks displays and disturbance throughout the
MBNMS and minimize area of impact by confining displays to primary
traditional use areas. Traditional display areas are located adjacent
to urban centers where wildlife has often acclimated to human
disturbances, such as low-flying aircraft, emergency vehicles,
unleashed pets, beach combing, recreational and commercial fishing,
surfing, swimming, boating, and personal watercraft operations. Future
permitted fireworks displays will be confined to four prescribed areas
within the MBNMS and prohibited from the remaining 95% of coastal
areas. The conditional display areas are located at Half Moon Bay, the
Santa Cruz/Soquel area, the northeastern Monterey Peninsula, and
Cambria (Santa Rosa Creek). An equal number of private and public
displays will be considered for authorization within each display area.
Remote areas and locations where professional fireworks have not
traditionally been conducted will not be considered for fireworks
approval. Fireworks displays will not exceed 30 minutes in duration,
with the exception of two longer displays per year not to exceed 1 hour
in length, and will occur with an average frequency of less than or
equal to one display every two months within each of four prescribed
display areas. Please refer to the MBNMS Fireworks Assessment Report
(2001) and Fireworks Guidelines (2002) for general information on
frequency and duration of typical fireworks displays within the
Sanctuary, strategies for minimizing impacts, as well as maps and
detailed descriptions of prohibited and conditional display areas (see
ADDRESSES).
In addition, there is an annual limit of 20 displays along the
entire Sanctuary coastline to prevent cumulative adverse environmental
effects from fireworks. The MBNMS intends to institute a 5-year permit
system for displays that will occur annually at a fixed location and in
a consistent manner, such as municipal Independence Day shows. Also,
MBNMS has established a seasonal prohibition to safeguard pinniped
reproductive periods. Fireworks events will not be authorized between
March 1 and June 30 of each year, since this period is the primary
reproductive season for many marine mammal species. After considering
the factors within each display application, other permit conditions
that may be deemed appropriate are to limit the number of aerial
``salute'' effects used, require the removal of plastic labels and
wrappings, and to require post-show reporting and cleanup.
The MBNMS guidelines effectively remove fireworks impacts from 95
percent of the Sanctuary's coastal areas, place an annual quota and
multiple permit conditions on the displays authorized within the
remaining 5 percent of the coast, and impose a seasonal prohibition on
all fireworks displays within the MBNMS. The guidelines were developed
to minimize the impacts of fireworks activities on protected species
and habitats, and they have been well received by local fireworks
sponsors, who have pledged their cooperation in protecting MBNMS
resources. Please refer to the MBNMS Fireworks Guidelines (2002) for
details on permit conditions and regulations (see https://
www.mbnms.nos.noaa.gov/resourcepro/firework.html).
Monitoring
Of all the past authorized fireworks display sites within the
MBNMS, the City of Monterey site has received the highest level of
monitoring effort. The City of Monterey has hosted a marine fireworks
display each July 4th since 1988, which is the longest running and
largest annual commercial fireworks display within the MBNMS. Because
the Monterey Breakwater and natural rock formations near the display
area serve as regular haul-out sites for California sea lions and
harbor seals, the Monterey site has been studied and censused by
government and academic researchers for over 20 years. Consequently,
the Monterey site has the best background data available for assessing
status and trends of key marine mammal populations relative to annual
fireworks displays. For this reason, the MBNMS proposes that Monterey
be monitored as an indicator site to further determine how local
California sea lion and harbor seal distribution and abundance are
affected by an annual fireworks display.
The MBNMS has monitored commercial fireworks displays for potential
impacts to marine life and habitats since 1993. The Sanctuary will
conduct a visual census of the Monterey Breakwater and rocks within
Monterey Harbor on July 4 and July 5 each year to determine annual
abundance, demographic response patterns, and departure and return
rates for California sea lions and harbor seals relative to the July 4
fireworks display. Data will be collected by observers aboard kayaks or
small boats and from ground stations (where appropriate), using
binoculars, counters, and data sheets to census animals. The pre- and
post- fireworks census data will be analyzed to identify any
significant temporal changes in abundance and distribution that might
be attributed to impacts from the annual fireworks display. The data
will also be added to past research statistics on the abundance and
distribution of stocks at Monterey Harbor.
Last, in addition to the comprehensive behavioral monitoring to be
conducted at the Monterey Bay Breakwater, MBNMS will require of its
applicants post-event monitoring in the acute action area after all
permitted fireworks locations to ensure that injured or dead marine
mammals are detected.
Reporting
A draft final report must be submitted to NMFS within 60 days after
the conclusion of the annual fireworks permit season. A final report
must be submitted to the Regional Administrator
[[Page 39240]]
within 30 days after receiving comments from NMFS on the draft final
report. If no comments are received from NMFS, the draft final report
will be considered to be the final report.
Numbers of Marine Mammals Expected to be Harassed
The number of animals taken by Level B harassment during fireworks
displays is expected to vary due to factors such as tidal stage,
seasonal shifting prey stocks, climatic phenomenon (such as el Nino
events), and the number, timing, and location of future displays. At
all four designated display sites combined, twenty fireworks events per
year could harass an average annual total of 2,630 California sea lions
(6,170 maximum) and an average annual total of 302 harbor seals (1,065
maximum) within the MBNMS. These numbers are small relative to the
population sizes of these species. Please refer to the MBNMS Fireworks
Assessment Report (2001) for further information regarding estimated
incidental take numbers by display area and fireworks events (see
ADDRESSES).
Possible Effects of Activities on Marine Mammal Habitat
NMFS anticipates no loss or modification to the habitat used by
California sea lions or Pacific harbor seals that haul out in the
MBNMS. The pinniped haul-out sites in MBNMS where fireworks displays
will occur are not used as breeding, molting, or mating sites during
the fireworks displays; therefore, it is not expected that the covered
activities will have any impact on the ability of California sea lions
or Pacific harbor seals in the area to reproduce. Additionally, MBNMS
fireworks permit conditions include requirements for applicants to
clean up debris subsequent to all displays.
Possible Effects of Activities on Subsistence Needs
There are no subsistence uses for Pacific harbor seals in
California waters, and thus, there are no anticipated effects on
subsistence needs.
Endangered Species Act
The MBNMS consulted with the USFWS pursuant to Section 7 of the ESA
regarding impacts to southern sea otters. The USFWS issued a biological
opinion on June 22, 2005, which concluded that the authorization of
fireworks displays, as proposed, is not likely to jeopardize the
continued existence of southern sea otters or to destroy or adversely
modify any listed critical habitat. The USFWS further found that MBNMS
would be unlikely to take any southern sea otters, and therefore issued
neither an incidental take statement nor an IHA.
National Environmental Policy Act
NOAA prepared a Final Environmental Impact Statement and Master
Plan for the MBNMS in June 1992. Subsequent to MBNMS' application for
an IHA, NMFS prepared an Environmental Assessment on the Issuance of an
Incidental Harassment Authorization for Coastal Commercial Fireworks
Displays Authorized Within the Monterey Bay National Marine Sanctuary.
A Finding of No Significant Impact was issued on June 30, 2005.
Conclusions
NMFS has determined that the short-term impact of fireworks
displays, as described in this document and in the application for an
IHA, would result in no more than Level B harassment of small numbers
of California sea lions and harbor seals. The effects of coastal
fireworks displays will be limited to short term and localized changes
in behavior involving small numbers of pinnipeds. Although sea lions
and seals may modify their behavior, including temporarily vacating
haulouts to avoid the sight and sound of commercial fireworks, these
fireworks are expected to have no more than a negligible impact on
these stocks. No take by injury and/or death is anticipated, and
harassment takes will be at the lowest level practicable due to
incorporation of the mitigation measures mentioned previously in this
document. Additionally, the MBNMS fireworks displays will not have an
unmitigable adverse impact on the availability of marine mammal stocks
for subsistence use, as there are no subsistence uses for California
sea lions or Pacific harbor seals in California waters.
Authorization
NMFS has issued a 1-year IHA to the MBNMS for the take of
California sea lions and Pacific harbor seals, by harassment,
incidental to coastal fireworks displays permitted within the MBNMS,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: June 30, 2005.
Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 05-13389 Filed 7-6-05; 8:45 am]
BILLING CODE 3510-22-S
