Small Takes of Marine Mammals Incidental to Specified Activities; Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA, 73732-73737 [05-23985]
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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices
of Commerce to publish a summary of
the certification in the Federal Register.
Under section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
DEPARTMENT OF COMMERCE
Description of Amended Certificate
AGENCY:
NFE’s Export Trade Certificate of
Review has been amended to:
1. Add each of the following
companies as a new ‘‘Member’’ of the
Certificate within the meaning of
section 325.2(1) of the Regulations (15
CFR 325.2(1)): Bolinger & Sons,
Wenatchee, WA; C&M Fruit Packers,
Wenatchee, WA; Cascade Fresh Fruits,
L.L.C., Manson, WA; AltaFresh L.L.C.
dba Chelan Fresh Marketing, Chelan,
WA; Nuchief Sales Inc., Wenatchee,
WA; Orchard View Farms, Inc., The
Dalles, OR; SST Growers and Packers
L.L.C., Granger, WA; Voelker Fruit and
Cold Storage, Yakima, WA; and YakimaRoche Fruit Sales, L.L.C., Yakima, WA;
and
2. Delete the following companies as
‘‘Members’’ of the Certificate: Fox
Orchards, Mattawa, WA; Magi, Inc.,
Brewster, WA (as a result of a merger
with Chelan Fruit Cooperative, a
Member of NFE); Monson Fruit Co.,
Selah, WA (for its cherry operation,
only); Rawland F. Taplett dba R.F.
Taplett Fruit & Cold Storage Co.,
Wenatchee, WA; Sund-Roy L.L.C.,
Yakima, WA; and Washington Export,
L.L.C., Yakima, WA.
The effective date of the amended
certificate is September 6, 2005. A copy
of the amended certificate will be kept
in the International Trade
Administration’s Freedom of
Information Records Inspection Facility,
Room 4001, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: December 7, 2005.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E5–7273 Filed 12–12–05; 8:45 am]
BILLING CODE 3510–DS–P
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National Oceanic and Atmospheric
Administration
[I.D. 102204A]
Small Takes of Marine Mammals
Incidental to Specified Activities; Black
Abalone Research Surveys at San
Nicolas Island, Ventura County, CA
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
SUMMARY: In accordance with provisions
of the Marine Mammal Protection Act
(MMPA) as amended, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to Glenn R. VanBlaricom
(VanBlaricom) to take small numbers of
marine mammals, by harassment,
incidental to the assessment of black
abalone populations at San Nicolas
Island (SNI), CA.
DATES: Effective from November 30,
2005, through November 29, 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.
FOR FURTHER INFORMATION CONTACT:
Jolie
Harrison, NMFS, (301) 713–2289.
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
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harassment, notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
shall 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 sets forth the permissible methods
of taking and other means of effecting
the least practicable impact on the
species and stock or habitat (i.e.,
mitigation measures) and the
requirements pertaining to the
monitoring and reporting of such taking.
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 August 31, 2004, NMFS received
a letter from Glenn R. VanBlaricom,
Ph.D., Washington Cooperative Fish and
Wildlife Research Unit, requesting
renewal of an IHA that was first issued
to him on September 23, 2003 (68 FR
57427, October 3, 2003) for the possible
harassment of small numbers of
California sea lions (Zalophus
californianus), Pacific harbor seals
(Phoca vitulina), and northern elephant
seals (Mirounga angustirostris)
incidental to research surveys
performed for the purpose of assessing
trends in black abalone (Haliotis
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cracherodii) populations at SNI, Ventura
County, California, over time in
permanent study sites. Population trend
data for black abalone populations have
become important in a conservation
context because of: a) the reintroduction
of sea otters to SNI in 1987, raising the
possibility of conflict between otter
conservation and abalone populations
(abalones are often significant prey for
sea otters); b) the appearance of a novel
exotic disease, abalone withering
syndrome, at SNI in 1992, resulting in
dramatically increased rates of abalone
mortality at the Island; and c) the recent
designation of California populations of
black abalones as a species of concern
in the context of listing pursuant to the
Endangered Species Act (ESA).
Research is done under the auspices of
the Washington Cooperative Fish and
Wildlife Research Unit, the University
of Washington, and the U.S. Navy
(owner of SNI), with additional
logistical support from the University of
California, Santa Cruz. Since the
abalone are not handled or removed in
the course of the research, neither a
state nor federal permit is needed.
Additional information on the
research is contained in the application
and proposed IHA Federal Register
notice (69 FR 70249), which are
available upon request (see ADDRESSES).
Project Description
Nine permanent research study areas
are located in rocky intertidal habitats
on SNI in Ventura County, CA. The
applicant has made 101 separate field
trips to SNI from September 1979
through June 2005, participating in
abalone survey work on 534 different
days at nine permanent study sites.
Quantitative abalone surveys on SNI
began in 1981, at which point
permanent research sites were chosen
based on the presence of dense patches
of abalone in order to monitor changes
over time in dense abalone aggregations.
Research is conducted by counting
black abalone in plots of 1 m2 (3.32 ft)
along permanent transect lines in rocky
intertidal habitats at each of the nine
study sites on the island. Permanent
transect lines are demarcated by
stainless steel eyebolts embedded in the
rock substrata and secured with marine
epoxy compound. Lines are placed
temporarily between bolts during
surveys and are removed once surveys
are completed. Survey work is done by
two field biologists working on foot;
therefore, monitoring of black abalone
populations at SNI can be done only
during periods of extreme low tides.
The exact date of a visit to any given site
is difficult to predict because variation
in surf height and sea conditions can
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influence the safety of field biologists as
well as the quality of data collected. In
most years survey work is done during
the months of January, February, March,
July, November, and December because
of optimal availability of low tides. All
work is done only during daylight hours
because of safety considerations.
Research is expected to extend over a
period of 2 more years, from November
30, 2005 through 2007, with additional
work in future years remaining a
possibility pending funding and staff.
Surveys of abalones will be conducted
each year during this year period.
During each survey year, each of the
nine permanent study sites at SNI will
be visited three times. Abalone surveys,
which take no more than 4 hours at each
site, are conducted during two of the
three visits to each of the nine sites. A
third maintenance visit, which takes
less than half of an hour at each site, is
used to take measurements and make
necessary repairs to plots and is
conducted in a month when smaller
numbers of pinnipeds are present.
The affected marine mammal
populations at SNI, especially California
sea lions and northern elephant seals,
have grown substantially since the
beginning of abalone research in 1979
and have occupied an expanded
distribution on the island due to
population growth. Sites previously
accessible with no risk of marine
mammal harassment are now being
utilized by marine mammals at levels
such that approach without the
possibility of harassment is difficult. Of
the nine study sites used for the abalone
surveys, only two sites can be occupied
without the possibility of disturbing at
least one species of pinniped; therefore,
an IHA is warranted.
Comments and Responses
A notice of receipt of Dr.
VanBlaricom’s application for an IHA
renewal and proposed IHA was
published in the Federal Register on
December 3, 2004 (69 FR 70249). During
the 30–day public comment period,
comments were received from the
Marine Mammal Commission
(Commission) and one member of the
public.
Comment 1: The Commission concurs
with NMFS’ preliminary determination
that, given the mitigation measures
proposed by the applicant, the proposed
research activities are likely to result in
no more than the temporary
modification of behavior by California
sea lions, Pacific harbor seals, and
northern elephant seals. The
Commission believes that NMFS’
preliminary determinations are
reasonable, provided NMFS is satisfied
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that the applicant’s monitoring program
is sufficient to detect the effects of the
proposed research activities, including
any mortality and/or serious injury that
results from startle responses, or
stampedes. The Commission notes,
however, that although the proposed
mitigation measures are expected to
reduce the possibility of injury or death
of animals, the potential for such taking
remains. Consequently, the Commission
recommends that any authorization
issued to the applicant specify that, if a
mortality or serious injury of a marine
mammal occurs which appears to be
related to the abalone research, further
research activities 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: NMFS appreciates the
Commission’s concurrence with our
determination. NMFS believes that the
applicant’s monitoring program is
sufficient to detect the effects of his
proposed research activities. Further,
NMFS believes it highly unlikely that
injury or mortality of a marine mammal
would occur as a result of the proposed
abalone research. The only way injury
or mortality could occur as a result of
the proposed research is if the approach
of researchers caused pinniped mothers
to either trample or become separated
from their pups. Mitigation measures
required in the IHA include time of year
restrictions that avoid researcher
interactions with California sea lion or
Pacific harbor seal pups. Though
elephant seal pups are sometimes
present at abalone surveys, elephant
seals are far less reactive to researcher
presence than the other two species,
researchers use great care approaching
sites (and because elephants seals pup
on the sand and permanent study sites
are on rocks the two are always
separated by at least 50 m (164 ft)), and
only 16 total (adult) elephant seals have
been disturbed in the last two years (of
971 present). However, as suggested, we
have added language to the IHA
requiring that VanBlaricom suspend
research activities and contact NMFS
immediately should an injury or
mortality of a marine mammal be
suspected of resulting from the abalone
research.
Comment 2: One individual expressed
concerns about many people doing
research and all of them resulting in the
death of wildlife. This individual
further questioned the applicant’s need
to continue doing research he has
already been conducting for many years.
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Response: The taking by serious
injury or death of any marine mammal
is not authorized by this IHA and would
result in the modification, suspension or
revocation of this Authorization. NMFS
anticipates that Glenn VanBlaricom’s
black abalone surveys will result in no
more than Level B Harassment that is
limited to short term and localized
behavioral changes, such as startle
reactions or flushes of low numbers of
individuals from haul-out sites.
Multi-year surveys are necessary to
assess population trends. However, the
IHA that NMFS is issuing does not
authorize the applicant’s black abalone
research itself, but the incidental taking
by harassment of small numbers of
marine mammals of a species or
population stock by the applicant while
engaging in that activity.
Description of Habitat and Marine
Mammals Affected by the Activity
San Nicolas is one of the eight
Channel Islands, located in the Santa
Barbara Channel off Southern
California. Nine miles long and about
three and a half miles across at its
widest point, it is the farthest island
from the mainland, more than 60 miles
(96.6 km) offshore and about 85 miles
(136.8 km) southwest of Los Angeles,
California. SNI is owned and operated
by the U.S. Navy and is off-limits to
civilians without specific permission.
Many of the beaches in the Channel
Islands provide resting, molting or
breeding places for species of
pinnipeds. On SNI, three pinniped
species (northern elephant seal, Pacific
harbor seal, and California sea lion) can
be expected to occur on land in the
vicinity of abalone research sites either
regularly or in large numbers during
certain times of the year. In addition, a
single adult male Guadalupe fur seal
(Arctocephalus townsendi) was seen at
one abalone research site on two
occasions during the summer months in
the mid–1980’s; however, there have
been no sightings of this species on the
island since then.
Further information on the biology
and distribution of these species and
others in the region can be found in Dr.
VanBlaricom’s application, which is
available upon request (see ADDRESSES),
and the Marine Mammal Stock
Assessment Reports, which are available
online at https://www.nmfs.noaa.gov/
protlres/PR2/
StocklAssessmentlProgram/
individuallsars.html.
California Sea Lions
The U.S. stock of California sea lions
extends from the U.S./Mexico border
north into Canada. Breeding areas of the
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sea lion are on islands located in
southern California, western Baja
California, and the Gulf of California
and they primarily use the central
California area to feed during the nonbreeding season. Population estimates
for the U.S. stock of California sea lions,
which are based on counts conducted in
2001 and extrapolations from the
number of pups, range from a minimum
of 138,881 to an average of 244,000
animals, with a current growth rate of
5.4 to 6.1 percent per year (Carretta et
al., 2005). The California sea lion is not
listed under the ESA and the U.S. stock
is not considered depleted under the
MMPA.
California sea lions haul out at many
sites on SNI and are by far the most
common pinniped on the island. Over
the course of a year, up to 100,000 sea
lions may use SNI. Numbers of sea lions
at SNI increased by about 21% per year
between 1983 and 1995 (NMFS, 2003)
and sea lions have recently started
occupying areas that were not formerly
used. Pupping occurs on the beaches of
SNI from mid-June to mid-July. Females
nurse their pups for about eight days
and then begin an alternating pattern of
foraging at sea vs. attending and nursing
the pup on land, which lasts for about
eight months, and sometimes up to a
year. California sea lions also haul out
at SNI during the molting period in
September, and smaller numbers of
females and juveniles haul out during
most of the year.
Pacific Harbor Seals
Harbor seals are widely distributed in
the North Atlantic and North Pacific. In
California, approximately 400–500
harbor seal haul-out sites are distributed
along the mainland and on offshore
islands, including intertidal sandbars,
rocky shores and beaches (Hanan, 1996).
A complete count of all harbor seals in
California is impossible because some
are always away from the haul-out sites.
A complete pup count (as is done for
other pinnipeds in California) is also not
possible because harbor seals are
precocious, with pups entering the
water almost immediately after birth.
Based on the most recent harbor seal
counts (2002) and including a correction
factor for the above, the estimated
population of harbor seals in California
is 27,863 (Caretta et al., 2005), with an
estimated minimum population of
25,720 for the California stock of harbor
seals. Counts of harbor seals in
California showed a rapid increase from
1972 to 1990, but since 1990 there has
been no net population growth along the
mainland or the Channel Islands.
Though no formal determination of
Optimal Sustainable Population (OSP)
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has been made, the decrease in the
growth rate may indicate that the
population has reached its carrying
capacity. The harbor seal is not listed
under the ESA and the California stock
is not considered depleted under the
MMPA.
Harbor seals haul out at various
sandy, cobble, and gravel beaches
around SNI and pupping occurs on the
beaches from late February to early
April, with nursing of pups extending
into May. Harbor seals may also haul
out during molting period in late
Spring, and smaller numbers haul out at
other times of year. Harbor seal
abundance increased at SNI from the
1960s until 1981, but since the average
counts have not changed significantly.
From 1982 to 1994, numbers of harbor
seals have fluctuated between 139 and
700 harbor seals based on both peak
ground counts and annual photographic
survey photos. The most recent aerial
count was of 457 harbor seals in 1994.
Northern Elephant Seals
Northern elephant seals breed and
give birth in California (U.S.) and Baja
California primarily on offshore islands,
from December to March (Stewart et al.,
1994). The California breeding stock,
which includes the animals on SNI, is
now demographically separated from
the Baja California population. Based on
trends in pup counts, northern elephant
seal colonies appeared to be increasing
in California through 2001. The
population size of northern elephant
seals in California is estimated to be
101,000 animals, with a minimum
population estimate of 60,547 (Carretta
et al., 2005). A continuous average
growth rate (though it has declined a bit
in recent years) of 8.3 percent has seen
numbers of this species increase from
100 in 1900 to the current population
size (Caretta et al., 2005). The northern
elephant seal is not listed under the
ESA and the California stock is not
considered depleted under the MMPA.
Increasing numbers of elephant seals
haul out at various sites around SNI.
Based on a pup count in 1995 that
found 6,575 pups, scientists estimated
that over 23,000 elephant seals may use
SNI in a year (NMFS, 2003). From 1988
to 1995 the pup counts on SNI increased
at an average rate of 15.4 percent per
year, however, the growth rate of the
population as a whole seems to have
declined in recent years (NMFS, 2003).
Pupping occurs on the beaches of SNI
from January to early February, with
nursing of pups extending into March.
Northern elephant seals also haul out
during the molting periods in the spring
and summer, and smaller numbers haul
out at other times of the year.
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Potential Effects of Activities on Marine
Mammal
Variable numbers of sea lions, harbor
seals, and elephant seals typically haul
out near seven of the nine study sites
used for abalone research, with breeding
activity occurring at four of these seven
sites. Pinnipeds likely to be affected by
abalone research activity are those that
are hauled out on land at or near study
sites. For the previous IHA, the
applicant estimated that pinnipeds
typically haul out near six of the nine
study sites, with breeding activity
occurring at five of these six sites.
However, during field work in 2003 and
2004, it became apparent that nonbreeding California sea lions had begun
to haul out regularly at an additional
abalone study site, and that sea lions
and elephant seals hauled out at one of
the study sites are non-breeding
animals; therefore, it has become
evident that seven of the nine study
sites are used by pinnipeds for hauling
out, with breeding activity occurring at
four of these seven sites.
Incidental harassment may result if
hauled animals move to increase their
distance from persons involved in
abalone surveys. Although marine
mammals will not be deliberately
approached by abalone survey
personnel, approach may be
unavoidable if pinnipeds are hauled out
directly upon the permanent abalone
study plots. In almost all cases,
shoreline habitats near the abalone
study sites are gently sloping sandy
beaches or horizontal sandstone
platforms with unimpeded and nonhazardous access to the water. If
disturbed, hauled animals may move
toward the water without risk of
encountering significant hazards. In
these circumstances, the risk of serious
injury or death to hauled animals is very
low.
One exception to the low risk of
marine mammal injury or mortality
associated with abalone research would
be if disturbances occur during breeding
season, as it is possible that mothers and
dependent pups may become separated.
If separated pairs don’t reunite fairly
quickly, risks of mortality to pups may
increase. Also, adult northern elephant
seals may trample elephant seal pups if
disturbed. Trampling increases the risk
of injury or death to the pups. However,
mitigation measures including time of
year restrictions that require avoidance
of all sites with California sea lion pups
or harbor seal pups will be incorporated
into the IHA. Though elephant seal
pups are sometimes present at abalone
surveys, NMFS does not expect risk of
pup mortalities because elephant seals
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are far less reactive to researcher
presence than the other two species.
Also, researchers use great care
approaching sites and elephants seals
pup on the sand while the permanent
study sites are on rocks, leaving the two
always separated by at least 50 m (164
ft)). IN fact, only an estimated 16 total
(adult) elephant seals have been
disturbed in the last two years (of 971
present).
Mitigation
Several mitigation measures to reduce
the potential for harassment from
population assessment research surveys
will be implemented as part of the SNI
abalone research activities. Primarily,
mitigation of the risk of disturbance to
pinnipeds simply requires that
researchers are judicious in the route of
approach to abalone study sites,
avoiding close contact with pinnipeds
hauled out on shore. In no case will
marine mammals be deliberately
approached by abalone survey
personnel, and in all cases every
possible measure will be taken to select
a pathway of approach to study sites
that minimizes the number of marine
mammals harassed. Each visit to a given
study site will last for a maximum of 4
hours, after which the site is vacated
and can be re-occupied by any hauled
marine mammals that may have been
disturbed by the presence of abalone
researchers.
The potential risk of injury or
mortality will be avoided with measures
required under the authorization.
Disturbances to females with dependent
pups (in the cases of California sea lions
and Pacific harbor seals) will be
mitigated to the greatest extent
practicable by avoiding visits to the four
black abalone study sites with resident
pinnipeds during periods of breeding
and lactation from mid-February
through the end of October. The
previous authorization required the
applicant to avoid conducting survey
research at certain study sites that may
have breeding and/or lactating
pinnipeds during the period from
February through October. However,
during field work in early 2004 it
became evident that pupping by harbor
seals at these sites does not begin until
the latter half of February. Therefore,
the current authorization is shortened to
exclude the first half of February.
During this period, abalone research
would be confined to the other five sites
where pinniped breeding and postpartum nursing does not occur. Limiting
visits to the four breeding and lactation
sites to periods when these activities do
not occur (November, December,
January, and the first half of February)
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will reduce the possibility of incidental
harassment and the potential for serious
injury or mortality of dependent
California sea lion pups and Pacific
harbor seal pups to near zero.
Northern elephant seal pups are
present at four sites during winter
months. Risks of injury or mortality of
elephant seal pups by mother/pup
separation or trampling are limited to
the period from January through March
when pups are born, nursed, and
weaned, ending about 30 days postweaning when pups depart land for
foraging areas at sea. However, elephant
seals have a much higher tolerance of
nearby human activity than sea lions or
harbor seals. Also, elephant seal
pupping typically occurs on the sandy
beaches at SNI, approximately 50 m
(164 ft) or more away from the abalone
study sites. Possible take of northern
elephant seal pups will be minimized
by using a very careful approach to the
study sites and avoiding the proximity
of hauled seals and any seal pups
during collection of abalone population
data.
One individual Guadalupe fur seal
was seen at study site 8 on two separate
occasions during the summer months in
the mid–1980’s. No individuals of this
species have been seen during abalone
research work since then. Thus,
limitation of research visits to site 8 to
the period November through January
eliminates the potential for taking of
Guadalupe fur seals by harassment.
Guadalupe fur seals are distinctive in
appearance and behavior, and can be
readily identified at a distance without
any disturbance. Harassment, injury, or
mortality of Guadalupe fur seals will be
prevented by immediately suspending
research work and vacating any study
area in which this species is seen.
Therefore, an authorization for the
taking of Guadalupe fur seals by
harassment is neither required nor
requested. Sea otters are not expected
ashore during the time periods when the
research activities would be conducted.
However, if sea otters are sighted ashore
during the abalone research, Dr.
VanBlaricom would follow similar
procedures in place for fur seals,
suspending research activities in any
areas California sea otters are
occupying.
Monitoring
Currently, all biological research
activities at SNI are subject to approval
and regulation by the Environmental
Planning and Management Department
(EPMD), U.S. Navy. The U.S. Navy owns
SNI and closely regulates all civilian
access to and activity on the island,
including biological research. Therefore,
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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices
monitoring activities will be closely
coordinated with Navy marine mammal
biologists located on SNI.
In addition, status and trends of
pinniped aggregations at SNI are
monitored by the NMFS Southwest
Fisheries Science Center. Also, longterm studies of pinniped population
dynamics, migratory and foraging
behavior, and foraging ecology at SNI
are conducted by staff at Hubbs-Sea
World Research Institute (HSWRI).
Monitoring requirements in relation
to Dr. VanBlaricom’s abalone research
surveys will include observations made
by the applicant and his associates.
Information recorded will include
species counts (with numbers of pups),
numbers of observed disturbances, and
descriptions of the disturbed behaviors
during the abalone surveys.
Observations of unusual behaviors,
numbers, or distributions of pinnipeds
on SNI will be reported to EPMD,
NMFS, and HSWRI so that any potential
follow-up observations can be
conducted by the appropriate personnel.
In addition, observations of tag-bearing
pinniped carcasses as well as any rare
or unusual species of marine mammals
will be reported to EPMD and NMFS,
allowing transmittal of this information
to appropriate agencies and personnel.
If at any time injury or death of any
marine mammal occurs that may be a
result of the proposed abalone research,
VanBlaricom will suspend research
activities and contact NMFS
immediately to determine how best to
proceed to ensure that another injury or
death does not occur and to ensure that
the applicant remains in compliance
with the MMPA.
Reporting
A draft final report must be submitted
to NMFS within 60 days after the
conclusion of the year-long field season.
The report will include a summary of
the information gathered pursuant to the
monitoring requirements set forth in the
IHA. A final report must be submitted
to the Regional Administrator 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 distribution of pinnipeds hauled
out on beaches is not even. The number
of marine mammals disturbed will vary
by month and location, and, compared
to animals hauled out on the beach
farther away from survey activity, only
those animals hauled out closest to the
actual survey transect plots contained
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00:22 Dec 13, 2005
Jkt 208001
within each research site are likely to be
disturbed by the presence of researchers
and alter their behavior or attempt to
move out of the way. In VanBlaricom’s
2004 and 2005 abalone survey field
seasons, respectively, the following
numbers of marine mammals were
disturbed (potentially harassed): 1,472
and 983 California sea lions (of 2,329
and 1,383 present); 99 and 88 Pacific
harbor seals (of 108 and 99 present); and
7 and 9 northern elephant seals (of 562
and 409 present). The researcher
considered an animal to have been
disturbed if it moved, even a few feet,
in response to the researcher’s presence
or if the animal was already moving and
changed direction. Animals that raised
their head and looked at the researcher
without moving were not considered
disturbed. Based on past observations
and assuming a maximum level of
incidental harassment of marine
mammals at each site during periods of
visitation, NMFS estimates that the
maximum total possible numbers of
individuals that will be incidentally
harassed (resulting from one complete
cycle of visits to the nine study sites)
would be 1600 California sea lions, 120
Pacific harbor seals, and 20 northern
elephant seals. Three visit cycles are
anticipated during the year-long validity
of an IHA. As noted earlier, any site
occupied by Guadalupe fur seals will be
vacated by researchers immediately and
no taking of this species will occur.
NMFS anticipates that Level B
harassment of small numbers of
California sea lions, Pacific harbor seals
and northern elephant seals may occur
incidental to the proposed continuation
of black abalone research at SNI and
that these takings will result in no more
than a negligible impact on these marine
mammal species or stocks or on their
habitats.
Possible Effects of Activities on Marine
Mammal Habitat
NMFS anticipates that the action will
result in no impacts to marine mammal
habitat beyond rendering the areas
immediately around each of the nine
study sites less desirable as haulout
sites for a total of 8.5 hours per year.
Possible Effects of Activities on
Subsistence Needs
There are no subsistence uses for
California sea lions, Pacific harbor seals,
or northern elephant seals in California
waters, and thus, there are no
anticipated effects on their availability
for subsistence uses.
ESA
For the reasons already described in
this Federal Register Notice, NMFS has
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
determined that the described abalone
research and the accompanying IHA
will have no effect on species or critical
habitat protected under the ESA.
Therefore, consultation under Section 7
was not required.
National Environmental Policy Act
(NEPA)
NMFS prepared an Environmental
Assessment (EA) of the Issuance of an
IHA to Take Marine Mammals, by
Harassment, During Black Abalone
Research at SNI, California and
subsequently issued a Finding of No
Significant Impact on November 21,
2005. A copy of the EA and FONSI are
available upon request (see ADDRESSES).
Determinations
Based on the information contained in
the application, the December 3, 2004
(69 FR 70249) Federal Register notice,
Dr. VanBlaricom’s monitoring reports
for previous field seasons, and this
document, NMFS has determined that
the impact of abalone research will
result, at most, in a temporary
modification in behavior by small
numbers of California sea lions, Pacific
harbor seals, and northern elephant
seals, in the form of head alerts,
movement away from the researchers
and/or flushing from the beach. In
addition, no take by injury 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. While the number of
potential incidental harassment takes
will depend on the distribution and
abundance of marine mammals in the
vicinity of the survey activity and the
distance between the seals and the
researchers, NMFS anticipates that the
number of potential harassment takings
will be small relative to the species
stock sizes and will have no more than
a negligible impact on the affected
species or stocks. The project is not
expected to interfere with any
subsistence hunts. NMFS has therefore
determined that the requirements of
section 101(a)(5)(D) of the MMPA have
been met and the authorization can be
issued.
Authorization
NMFS has issued an IHA to Dr. Glenn
R. VanBlaricom for the harassment of
small numbers of California sea lions,
Pacific harbor seals, and northern
elephant seals incidental to black
abalone population trend research,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
E:\FR\FM\13DEN1.SGM
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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices
Dated: November 29, 2005.
Donna Wieting,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 05–23985 Filed 12–12–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 051128311–5311–01]
Public Telecommunications Facilities
Program: Closing Date
National Telecommunications
and Information Administration (NTIA),
Commerce.
ACTION: Notice of availability of funds.
AGENCY:
SUMMARY: Pursuant to the Science, State,
Justice, Commerce, and Related
Agencies Appropriations Act, 2006,
Pub. L. 109–108, the National
Telecommunications and Information
Administration (NTIA), U.S.
Department of Commerce, announces
the solicitation of applications for
planning and construction grants for
public telecommunications facilities
under the Public Telecommunications
Facilities Program (PTFP). The PTFP
assists, through matching grants, in the
planning and construction of public
telecommunications facilities in order
to: (1) Extend delivery of services to as
many citizens as possible by the most
cost-effective means, including use of
broadcast and non-broadcast
technologies; (2) increase public
telecommunications services and
facilities available to, operated by, and
controlled by minorities and women; (3)
strengthen the capability of existing
public television and radio stations to
provide public telecommunications
services to the public.
DATES: Applications must be received
prior to 5 p.m. Eastern Standard Time
(Closing Time), February 7, 2006
(Closing Date). Applications submitted
by facsimile or electronic means are not
acceptable. If an application is received
after the Closing Date due to (1) carrier
error, when the carrier accepted the
package with a guarantee for delivery by
the Closing Date and Closing Time, (2)
significant weather delays or natural
disasters, or (3) delays due to national
security issues, NTIA will, upon receipt
of proper documentation, consider the
application as having been received by
the deadline. NTIA will not accept
applications posted on the Closing Date
or later and received after this deadline.
ADDRESSES: To obtain a printed
application package, submit completed
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00:22 Dec 13, 2005
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applications, or send any other
correspondence, write to PTFP at the
following address (please note the new
room number): NTIA/PTFP, Room H–
4096, U.S. Department of Commerce,
1401 Constitution Avenue, NW.,
Washington, DC 20230. Application
materials may be obtained electronically
via the Internet (https://
www.ntia.doc.gov/ptfp).
FOR FURTHER INFORMATION CONTACT:
William Cooperman, Director, Public
Broadcasting Division, telephone: (202)
482–5802; fax: (202) 482–2156.
Information about the PTFP can also be
obtained electronically via the Internet
(https://www.ntia.doc.gov/ptfp).
SUPPLEMENTARY INFORMATION:
Electronic Access
The full funding opportunity
announcement for the PTFP FY 2006
grant cycle is available through
www.Grants.gov or by contacting the
PTFP office at the address noted above.
Funding Availability
The Congress has appropriated $20
million for FY 2006 PTFP awards. For
FY 2005, NTIA awarded $21.2 million
in PTFP funds to 123 projects, including
73 radio awards, 39 television awards
and 11 nonbroadcast awards. The radio
awards ranged from $9,255 to $451,848.
The television awards ranged from
$11,298 to $927,937. The nonbroadcast
awards ranged from $30,495 to
$440,000.
Statutory and Regulatory Authority
The Public Telecommunications
Facilities Program is authorized by the
Communications Act of 1934, as
amended, 47 U.S.C. 390–393, 397–
399(b). The PTFP operates pursuant to
rules (1996 Rules) which were
published on November 8, 1996 (61 FR
57966). Copies of the 1996 Rules (15
CFR Part 2301) are posted on the NTIA
Internet site at www.ntia.doc.gov/Rules/
currentrules.htm and NTIA will make
printed copies available to applicants
upon request.
Supplemental Policies
The following supplemental policies
will also be in effect:
(A) Applicants may file emergency
applications at any time.
(B) Applicants may file requests for
Federal Communications Commission
(FCC) authorizations with the FCC after
the PTFP Closing Date. Grant applicants
for Ku-band satellite uplinks may
submit FCC applications after a PTFP
award is made. NTIA may accept FCC
authorizations that are in the name of an
organization other than the PTFP
applicant.
PO 00000
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Fmt 4703
Sfmt 4703
73737
(C) PTFP applicants are not required
to submit copies of their PTFP
applications to the FCC, nor are they
required to submit copies of the FCC
transmittal cover letters as part of their
PTFP applications. PTFP applicants for
distance learning projects must notify
the state telecommunications agencies
in the states in which they are located
but are not required to notify every state
telecommunications agency in a
potential service area.
(D) For digital television conversion
projects, NTIA has created two new
Subpriorities in the Broadcast Other
category.
(E) For digital radio conversion
projects, NTIA has created a new
Subpriority in the Broadcast Other
category.
Catalog of Domestic Federal
Assistance: 11.550, Public
Telecommunications Facilities Program.
Eligibility
To apply for and receive a PTFP
Construction Grant or Planning Grant,
an applicant must be: (a) A public or
noncommercial educational broadcast
station; (b) a noncommercial
telecommunications entity; (c) a system
of public telecommunications entities;
(d) a non-profit foundation, corporation,
institution, or association organized
primarily for educational or cultural
purposes; or (e) a state, local, or Indian
tribal government (or agency thereof), or
a political or special purpose
subdivision of a state.
Evaluation and Selection Process
See 15 CFR 2301.16 for a description
of the Technical Evaluation and 15 CFR
2301.18 for the Selection Process.
Evaluation Criteria
See 15 CFR 2301.17 for a full
description of the Evaluation Criteria.
The six evaluation criteria are (1)
Applicant Qualifications, (2) Financial
Qualifications, (3) Project Objectives, (4)
Urgency, (5) Technical Qualifications
(construction applicants only) or
Planning Qualifications (planning
applicants only), and (6) Special
Consideration.
Funding Priorities and Selection
Factors
See 15 CFR 2301.4 and the
supplemental policies above for a
description of the PTFP Priorities and
15 CFR 2301.18 for the Selection
Factors.
Cost Sharing Requirements
PTFP requires cost sharing. By statute,
PTFP cannot fund a construction project
for more than 75% of the eligible project
E:\FR\FM\13DEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73732-73737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23985]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 102204A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Black Abalone Research Surveys at San Nicolas Island, Ventura County,
CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that NMFS has
issued an Incidental Harassment Authorization (IHA) to Glenn R.
VanBlaricom (VanBlaricom) to take small numbers of marine mammals, by
harassment, incidental to the assessment of black abalone populations
at San Nicolas Island (SNI), CA.
DATES: Effective from November 30, 2005, through November 29, 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, NMFS, (301) 713-2289.
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 shall 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 sets
forth the permissible methods of taking and other means of effecting
the least practicable impact on the species and stock or habitat (i.e.,
mitigation measures) and the requirements pertaining to the monitoring
and reporting of such taking.
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 August 31, 2004, NMFS received a letter from Glenn R.
VanBlaricom, Ph.D., Washington Cooperative Fish and Wildlife Research
Unit, requesting renewal of an IHA that was first issued to him on
September 23, 2003 (68 FR 57427, October 3, 2003) for the possible
harassment of small numbers of California sea lions (Zalophus
californianus), Pacific harbor seals (Phoca vitulina), and northern
elephant seals (Mirounga angustirostris) incidental to research surveys
performed for the purpose of assessing trends in black abalone
(Haliotis
[[Page 73733]]
cracherodii) populations at SNI, Ventura County, California, over time
in permanent study sites. Population trend data for black abalone
populations have become important in a conservation context because of:
a) the reintroduction of sea otters to SNI in 1987, raising the
possibility of conflict between otter conservation and abalone
populations (abalones are often significant prey for sea otters); b)
the appearance of a novel exotic disease, abalone withering syndrome,
at SNI in 1992, resulting in dramatically increased rates of abalone
mortality at the Island; and c) the recent designation of California
populations of black abalones as a species of concern in the context of
listing pursuant to the Endangered Species Act (ESA). Research is done
under the auspices of the Washington Cooperative Fish and Wildlife
Research Unit, the University of Washington, and the U.S. Navy (owner
of SNI), with additional logistical support from the University of
California, Santa Cruz. Since the abalone are not handled or removed in
the course of the research, neither a state nor federal permit is
needed.
Additional information on the research is contained in the
application and proposed IHA Federal Register notice (69 FR 70249),
which are available upon request (see ADDRESSES).
Project Description
Nine permanent research study areas are located in rocky intertidal
habitats on SNI in Ventura County, CA. The applicant has made 101
separate field trips to SNI from September 1979 through June 2005,
participating in abalone survey work on 534 different days at nine
permanent study sites. Quantitative abalone surveys on SNI began in
1981, at which point permanent research sites were chosen based on the
presence of dense patches of abalone in order to monitor changes over
time in dense abalone aggregations. Research is conducted by counting
black abalone in plots of 1 m\2\ (3.3\2\ ft) along permanent transect
lines in rocky intertidal habitats at each of the nine study sites on
the island. Permanent transect lines are demarcated by stainless steel
eyebolts embedded in the rock substrata and secured with marine epoxy
compound. Lines are placed temporarily between bolts during surveys and
are removed once surveys are completed. Survey work is done by two
field biologists working on foot; therefore, monitoring of black
abalone populations at SNI can be done only during periods of extreme
low tides. The exact date of a visit to any given site is difficult to
predict because variation in surf height and sea conditions can
influence the safety of field biologists as well as the quality of data
collected. In most years survey work is done during the months of
January, February, March, July, November, and December because of
optimal availability of low tides. All work is done only during
daylight hours because of safety considerations.
Research is expected to extend over a period of 2 more years, from
November 30, 2005 through 2007, with additional work in future years
remaining a possibility pending funding and staff. Surveys of abalones
will be conducted each year during this year period. During each survey
year, each of the nine permanent study sites at SNI will be visited
three times. Abalone surveys, which take no more than 4 hours at each
site, are conducted during two of the three visits to each of the nine
sites. A third maintenance visit, which takes less than half of an hour
at each site, is used to take measurements and make necessary repairs
to plots and is conducted in a month when smaller numbers of pinnipeds
are present.
The affected marine mammal populations at SNI, especially
California sea lions and northern elephant seals, have grown
substantially since the beginning of abalone research in 1979 and have
occupied an expanded distribution on the island due to population
growth. Sites previously accessible with no risk of marine mammal
harassment are now being utilized by marine mammals at levels such that
approach without the possibility of harassment is difficult. Of the
nine study sites used for the abalone surveys, only two sites can be
occupied without the possibility of disturbing at least one species of
pinniped; therefore, an IHA is warranted.
Comments and Responses
A notice of receipt of Dr. VanBlaricom's application for an IHA
renewal and proposed IHA was published in the Federal Register on
December 3, 2004 (69 FR 70249). During the 30-day public comment
period, comments were received from the Marine Mammal Commission
(Commission) and one member of the public.
Comment 1: The Commission concurs with NMFS' preliminary
determination that, given the mitigation measures proposed by the
applicant, the proposed research activities are likely to result in no
more than the temporary modification of behavior by California sea
lions, Pacific harbor seals, and northern elephant seals. The
Commission believes that NMFS' preliminary determinations are
reasonable, provided NMFS is satisfied that the applicant's monitoring
program is sufficient to detect the effects of the proposed research
activities, including any mortality and/or serious injury that results
from startle responses, or stampedes. The Commission notes, however,
that although the proposed mitigation measures are expected to reduce
the possibility of injury or death of animals, the potential for such
taking remains. Consequently, the Commission recommends that any
authorization issued to the applicant specify that, if a mortality or
serious injury of a marine mammal occurs which appears to be related to
the abalone research, further research activities 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: NMFS appreciates the Commission's concurrence with our
determination. NMFS believes that the applicant's monitoring program is
sufficient to detect the effects of his proposed research activities.
Further, NMFS believes it highly unlikely that injury or mortality of a
marine mammal would occur as a result of the proposed abalone research.
The only way injury or mortality could occur as a result of the
proposed research is if the approach of researchers caused pinniped
mothers to either trample or become separated from their pups.
Mitigation measures required in the IHA include time of year
restrictions that avoid researcher interactions with California sea
lion or Pacific harbor seal pups. Though elephant seal pups are
sometimes present at abalone surveys, elephant seals are far less
reactive to researcher presence than the other two species, researchers
use great care approaching sites (and because elephants seals pup on
the sand and permanent study sites are on rocks the two are always
separated by at least 50 m (164 ft)), and only 16 total (adult)
elephant seals have been disturbed in the last two years (of 971
present). However, as suggested, we have added language to the IHA
requiring that VanBlaricom suspend research activities and contact NMFS
immediately should an injury or mortality of a marine mammal be
suspected of resulting from the abalone research.
Comment 2: One individual expressed concerns about many people
doing research and all of them resulting in the death of wildlife. This
individual further questioned the applicant's need to continue doing
research he has already been conducting for many years.
[[Page 73734]]
Response: The taking by serious injury or death of any marine
mammal is not authorized by this IHA and would result in the
modification, suspension or revocation of this Authorization. NMFS
anticipates that Glenn VanBlaricom's black abalone surveys will result
in no more than Level B Harassment that is limited to short term and
localized behavioral changes, such as startle reactions or flushes of
low numbers of individuals from haul-out sites.
Multi-year surveys are necessary to assess population trends.
However, the IHA that NMFS is issuing does not authorize the
applicant's black abalone research itself, but the incidental taking by
harassment of small numbers of marine mammals of a species or
population stock by the applicant while engaging in that activity.
Description of Habitat and Marine Mammals Affected by the Activity
San Nicolas is one of the eight Channel Islands, located in the
Santa Barbara Channel off Southern California. Nine miles long and
about three and a half miles across at its widest point, it is the
farthest island from the mainland, more than 60 miles (96.6 km)
offshore and about 85 miles (136.8 km) southwest of Los Angeles,
California. SNI is owned and operated by the U.S. Navy and is off-
limits to civilians without specific permission.
Many of the beaches in the Channel Islands provide resting, molting
or breeding places for species of pinnipeds. On SNI, three pinniped
species (northern elephant seal, Pacific harbor seal, and California
sea lion) can be expected to occur on land in the vicinity of abalone
research sites either regularly or in large numbers during certain
times of the year. In addition, a single adult male Guadalupe fur seal
(Arctocephalus townsendi) was seen at one abalone research site on two
occasions during the summer months in the mid-1980's; however, there
have been no sightings of this species on the island since then.
Further information on the biology and distribution of these
species and others in the region can be found in Dr. VanBlaricom's
application, which is available upon request (see ADDRESSES), and the
Marine Mammal Stock Assessment Reports, which are available online at
https://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/
individual_sars.html.
California Sea Lions
The U.S. stock of California sea lions extends from the U.S./Mexico
border north into Canada. Breeding areas of the sea lion are on islands
located in southern California, western Baja California, and the Gulf
of California and they primarily use the central California area to
feed during the non-breeding season. Population estimates for the U.S.
stock of California sea lions, which are based on counts conducted in
2001 and extrapolations from the number of pups, range from a minimum
of 138,881 to an average of 244,000 animals, with a current growth rate
of 5.4 to 6.1 percent per year (Carretta et al., 2005). The California
sea lion is not listed under the ESA and the U.S. stock is not
considered depleted under the MMPA.
California sea lions haul out at many sites on SNI and are by far
the most common pinniped on the island. Over the course of a year, up
to 100,000 sea lions may use SNI. Numbers of sea lions at SNI increased
by about 21% per year between 1983 and 1995 (NMFS, 2003) and sea lions
have recently started occupying areas that were not formerly used.
Pupping occurs on the beaches of SNI from mid-June to mid-July. Females
nurse their pups for about eight days and then begin an alternating
pattern of foraging at sea vs. attending and nursing the pup on land,
which lasts for about eight months, and sometimes up to a year.
California sea lions also haul out at SNI during the molting period in
September, and smaller numbers of females and juveniles haul out during
most of the year.
Pacific Harbor Seals
Harbor seals are widely distributed in the North Atlantic and North
Pacific. In California, approximately 400-500 harbor seal haul-out
sites are distributed along the mainland and on offshore islands,
including intertidal sandbars, rocky shores and beaches (Hanan, 1996).
A complete count of all harbor seals in California is impossible
because some are always away from the haul-out sites. A complete pup
count (as is done for other pinnipeds in California) is also not
possible because harbor seals are precocious, with pups entering the
water almost immediately after birth. Based on the most recent harbor
seal counts (2002) and including a correction factor for the above, the
estimated population of harbor seals in California is 27,863 (Caretta
et al., 2005), with an estimated minimum population of 25,720 for the
California stock of harbor seals. Counts of harbor seals in California
showed a rapid increase from 1972 to 1990, but since 1990 there has
been no net population growth along the mainland or the Channel
Islands. Though no formal determination of Optimal Sustainable
Population (OSP) has been made, the decrease in the growth rate may
indicate that the population has reached its carrying capacity. The
harbor seal is not listed under the ESA and the California stock is not
considered depleted under the MMPA.
Harbor seals haul out at various sandy, cobble, and gravel beaches
around SNI and pupping occurs on the beaches from late February to
early April, with nursing of pups extending into May. Harbor seals may
also haul out during molting period in late Spring, and smaller numbers
haul out at other times of year. Harbor seal abundance increased at SNI
from the 1960s until 1981, but since the average counts have not
changed significantly. From 1982 to 1994, numbers of harbor seals have
fluctuated between 139 and 700 harbor seals based on both peak ground
counts and annual photographic survey photos. The most recent aerial
count was of 457 harbor seals in 1994.
Northern Elephant Seals
Northern elephant seals breed and give birth in California (U.S.)
and Baja California primarily on offshore islands, from December to
March (Stewart et al., 1994). The California breeding stock, which
includes the animals on SNI, is now demographically separated from the
Baja California population. Based on trends in pup counts, northern
elephant seal colonies appeared to be increasing in California through
2001. The population size of northern elephant seals in California is
estimated to be 101,000 animals, with a minimum population estimate of
60,547 (Carretta et al., 2005). A continuous average growth rate
(though it has declined a bit in recent years) of 8.3 percent has seen
numbers of this species increase from 100 in 1900 to the current
population size (Caretta et al., 2005). The northern elephant seal is
not listed under the ESA and the California stock is not considered
depleted under the MMPA.
Increasing numbers of elephant seals haul out at various sites
around SNI. Based on a pup count in 1995 that found 6,575 pups,
scientists estimated that over 23,000 elephant seals may use SNI in a
year (NMFS, 2003). From 1988 to 1995 the pup counts on SNI increased at
an average rate of 15.4 percent per year, however, the growth rate of
the population as a whole seems to have declined in recent years (NMFS,
2003). Pupping occurs on the beaches of SNI from January to early
February, with nursing of pups extending into March. Northern elephant
seals also haul out during the molting periods in the spring and
summer, and smaller numbers haul out at other times of the year.
[[Page 73735]]
Potential Effects of Activities on Marine Mammal
Variable numbers of sea lions, harbor seals, and elephant seals
typically haul out near seven of the nine study sites used for abalone
research, with breeding activity occurring at four of these seven
sites. Pinnipeds likely to be affected by abalone research activity are
those that are hauled out on land at or near study sites. For the
previous IHA, the applicant estimated that pinnipeds typically haul out
near six of the nine study sites, with breeding activity occurring at
five of these six sites. However, during field work in 2003 and 2004,
it became apparent that non-breeding California sea lions had begun to
haul out regularly at an additional abalone study site, and that sea
lions and elephant seals hauled out at one of the study sites are non-
breeding animals; therefore, it has become evident that seven of the
nine study sites are used by pinnipeds for hauling out, with breeding
activity occurring at four of these seven sites.
Incidental harassment may result if hauled animals move to increase
their distance from persons involved in abalone surveys. Although
marine mammals will not be deliberately approached by abalone survey
personnel, approach may be unavoidable if pinnipeds are hauled out
directly upon the permanent abalone study plots. In almost all cases,
shoreline habitats near the abalone study sites are gently sloping
sandy beaches or horizontal sandstone platforms with unimpeded and non-
hazardous access to the water. If disturbed, hauled animals may move
toward the water without risk of encountering significant hazards. In
these circumstances, the risk of serious injury or death to hauled
animals is very low.
One exception to the low risk of marine mammal injury or mortality
associated with abalone research would be if disturbances occur during
breeding season, as it is possible that mothers and dependent pups may
become separated. If separated pairs don't reunite fairly quickly,
risks of mortality to pups may increase. Also, adult northern elephant
seals may trample elephant seal pups if disturbed. Trampling increases
the risk of injury or death to the pups. However, mitigation measures
including time of year restrictions that require avoidance of all sites
with California sea lion pups or harbor seal pups will be incorporated
into the IHA. Though elephant seal pups are sometimes present at
abalone surveys, NMFS does not expect risk of pup mortalities because
elephant seals are far less reactive to researcher presence than the
other two species. Also, researchers use great care approaching sites
and elephants seals pup on the sand while the permanent study sites are
on rocks, leaving the two always separated by at least 50 m (164 ft)).
IN fact, only an estimated 16 total (adult) elephant seals have been
disturbed in the last two years (of 971 present).
Mitigation
Several mitigation measures to reduce the potential for harassment
from population assessment research surveys will be implemented as part
of the SNI abalone research activities. Primarily, mitigation of the
risk of disturbance to pinnipeds simply requires that researchers are
judicious in the route of approach to abalone study sites, avoiding
close contact with pinnipeds hauled out on shore. In no case will
marine mammals be deliberately approached by abalone survey personnel,
and in all cases every possible measure will be taken to select a
pathway of approach to study sites that minimizes the number of marine
mammals harassed. Each visit to a given study site will last for a
maximum of 4 hours, after which the site is vacated and can be re-
occupied by any hauled marine mammals that may have been disturbed by
the presence of abalone researchers.
The potential risk of injury or mortality will be avoided with
measures required under the authorization. Disturbances to females with
dependent pups (in the cases of California sea lions and Pacific harbor
seals) will be mitigated to the greatest extent practicable by avoiding
visits to the four black abalone study sites with resident pinnipeds
during periods of breeding and lactation from mid-February through the
end of October. The previous authorization required the applicant to
avoid conducting survey research at certain study sites that may have
breeding and/or lactating pinnipeds during the period from February
through October. However, during field work in early 2004 it became
evident that pupping by harbor seals at these sites does not begin
until the latter half of February. Therefore, the current authorization
is shortened to exclude the first half of February. During this period,
abalone research would be confined to the other five sites where
pinniped breeding and post-partum nursing does not occur. Limiting
visits to the four breeding and lactation sites to periods when these
activities do not occur (November, December, January, and the first
half of February) will reduce the possibility of incidental harassment
and the potential for serious injury or mortality of dependent
California sea lion pups and Pacific harbor seal pups to near zero.
Northern elephant seal pups are present at four sites during winter
months. Risks of injury or mortality of elephant seal pups by mother/
pup separation or trampling are limited to the period from January
through March when pups are born, nursed, and weaned, ending about 30
days post-weaning when pups depart land for foraging areas at sea.
However, elephant seals have a much higher tolerance of nearby human
activity than sea lions or harbor seals. Also, elephant seal pupping
typically occurs on the sandy beaches at SNI, approximately 50 m (164
ft) or more away from the abalone study sites. Possible take of
northern elephant seal pups will be minimized by using a very careful
approach to the study sites and avoiding the proximity of hauled seals
and any seal pups during collection of abalone population data.
One individual Guadalupe fur seal was seen at study site 8 on two
separate occasions during the summer months in the mid-1980's. No
individuals of this species have been seen during abalone research work
since then. Thus, limitation of research visits to site 8 to the period
November through January eliminates the potential for taking of
Guadalupe fur seals by harassment. Guadalupe fur seals are distinctive
in appearance and behavior, and can be readily identified at a distance
without any disturbance. Harassment, injury, or mortality of Guadalupe
fur seals will be prevented by immediately suspending research work and
vacating any study area in which this species is seen. Therefore, an
authorization for the taking of Guadalupe fur seals by harassment is
neither required nor requested. Sea otters are not expected ashore
during the time periods when the research activities would be
conducted. However, if sea otters are sighted ashore during the abalone
research, Dr. VanBlaricom would follow similar procedures in place for
fur seals, suspending research activities in any areas California sea
otters are occupying.
Monitoring
Currently, all biological research activities at SNI are subject to
approval and regulation by the Environmental Planning and Management
Department (EPMD), U.S. Navy. The U.S. Navy owns SNI and closely
regulates all civilian access to and activity on the island, including
biological research. Therefore,
[[Page 73736]]
monitoring activities will be closely coordinated with Navy marine
mammal biologists located on SNI.
In addition, status and trends of pinniped aggregations at SNI are
monitored by the NMFS Southwest Fisheries Science Center. Also, long-
term studies of pinniped population dynamics, migratory and foraging
behavior, and foraging ecology at SNI are conducted by staff at Hubbs-
Sea World Research Institute (HSWRI).
Monitoring requirements in relation to Dr. VanBlaricom's abalone
research surveys will include observations made by the applicant and
his associates. Information recorded will include species counts (with
numbers of pups), numbers of observed disturbances, and descriptions of
the disturbed behaviors during the abalone surveys. Observations of
unusual behaviors, numbers, or distributions of pinnipeds on SNI will
be reported to EPMD, NMFS, and HSWRI so that any potential follow-up
observations can be conducted by the appropriate personnel. In
addition, observations of tag-bearing pinniped carcasses as well as any
rare or unusual species of marine mammals will be reported to EPMD and
NMFS, allowing transmittal of this information to appropriate agencies
and personnel.
If at any time injury or death of any marine mammal occurs that may
be a result of the proposed abalone research, VanBlaricom will suspend
research activities and contact NMFS immediately to determine how best
to proceed to ensure that another injury or death does not occur and to
ensure that the applicant remains in compliance with the MMPA.
Reporting
A draft final report must be submitted to NMFS within 60 days after
the conclusion of the year-long field season. The report will include a
summary of the information gathered pursuant to the monitoring
requirements set forth in the IHA. A final report must be submitted to
the Regional Administrator 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 distribution of pinnipeds hauled out on beaches is not even.
The number of marine mammals disturbed will vary by month and location,
and, compared to animals hauled out on the beach farther away from
survey activity, only those animals hauled out closest to the actual
survey transect plots contained within each research site are likely to
be disturbed by the presence of researchers and alter their behavior or
attempt to move out of the way. In VanBlaricom's 2004 and 2005 abalone
survey field seasons, respectively, the following numbers of marine
mammals were disturbed (potentially harassed): 1,472 and 983 California
sea lions (of 2,329 and 1,383 present); 99 and 88 Pacific harbor seals
(of 108 and 99 present); and 7 and 9 northern elephant seals (of 562
and 409 present). The researcher considered an animal to have been
disturbed if it moved, even a few feet, in response to the researcher's
presence or if the animal was already moving and changed direction.
Animals that raised their head and looked at the researcher without
moving were not considered disturbed. Based on past observations and
assuming a maximum level of incidental harassment of marine mammals at
each site during periods of visitation, NMFS estimates that the maximum
total possible numbers of individuals that will be incidentally
harassed (resulting from one complete cycle of visits to the nine study
sites) would be 1600 California sea lions, 120 Pacific harbor seals,
and 20 northern elephant seals. Three visit cycles are anticipated
during the year-long validity of an IHA. As noted earlier, any site
occupied by Guadalupe fur seals will be vacated by researchers
immediately and no taking of this species will occur.
NMFS anticipates that Level B harassment of small numbers of
California sea lions, Pacific harbor seals and northern elephant seals
may occur incidental to the proposed continuation of black abalone
research at SNI and that these takings will result in no more than a
negligible impact on these marine mammal species or stocks or on their
habitats.
Possible Effects of Activities on Marine Mammal Habitat
NMFS anticipates that the action will result in no impacts to
marine mammal habitat beyond rendering the areas immediately around
each of the nine study sites less desirable as haulout sites for a
total of 8.5 hours per year.
Possible Effects of Activities on Subsistence Needs
There are no subsistence uses for California sea lions, Pacific
harbor seals, or northern elephant seals in California waters, and
thus, there are no anticipated effects on their availability for
subsistence uses.
ESA
For the reasons already described in this Federal Register Notice,
NMFS has determined that the described abalone research and the
accompanying IHA will have no effect on species or critical habitat
protected under the ESA. Therefore, consultation under Section 7 was
not required.
National Environmental Policy Act (NEPA)
NMFS prepared an Environmental Assessment (EA) of the Issuance of
an IHA to Take Marine Mammals, by Harassment, During Black Abalone
Research at SNI, California and subsequently issued a Finding of No
Significant Impact on November 21, 2005. A copy of the EA and FONSI are
available upon request (see ADDRESSES).
Determinations
Based on the information contained in the application, the December
3, 2004 (69 FR 70249) Federal Register notice, Dr. VanBlaricom's
monitoring reports for previous field seasons, and this document, NMFS
has determined that the impact of abalone research will result, at
most, in a temporary modification in behavior by small numbers of
California sea lions, Pacific harbor seals, and northern elephant
seals, in the form of head alerts, movement away from the researchers
and/or flushing from the beach. In addition, no take by injury 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. While the number of potential incidental
harassment takes will depend on the distribution and abundance of
marine mammals in the vicinity of the survey activity and the distance
between the seals and the researchers, NMFS anticipates that the number
of potential harassment takings will be small relative to the species
stock sizes and will have no more than a negligible impact on the
affected species or stocks. The project is not expected to interfere
with any subsistence hunts. NMFS has therefore determined that the
requirements of section 101(a)(5)(D) of the MMPA have been met and the
authorization can be issued.
Authorization
NMFS has issued an IHA to Dr. Glenn R. VanBlaricom for the
harassment of small numbers of California sea lions, Pacific harbor
seals, and northern elephant seals incidental to black abalone
population trend research, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
[[Page 73737]]
Dated: November 29, 2005.
Donna Wieting,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 05-23985 Filed 12-12-05; 8:45 am]
BILLING CODE 3510-22-S
